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  • Pursuing compensation for emotional distress after a car accident

    Not everything painful after a car accident is visible or tangible. Sometimes, only the injured person can see or feel the suffering inside. This unfortunate reality makes emotional distress more challenging to prove than physical damage.

    Emotional distress due to a traumatic crash varies in symptoms. Its common indicators are depression and anxiety. Unless injuries manifest in the body, this state of mental anguish happens internally.

    Thus, fighting for a claim against liable parties needs solid proof to help quantify the compensation victims deserve. 

    Proving emotional distress

    Florida is one of the few states that considers the impact rule when an injured party must show physical injuries directly caused by the collision.

    In other instances, affected parties may argue that they were in the “zone of danger” or an area near the incident. For example, passengers may be under emotional distress for their near-death experience even if they did not sustain injuries.

    Aside from these elements, the court may also assess the following factors:

    • Intensity and duration: Medical records, physician’s statements and prescriptions may show how grave and for how long an individual has been enduring their condition.
    • Effect on daily functioning: Witnesses, such as family members, friends and colleagues, may attest to the significant changes in a person’s ability to perform or engage in activities at home or on the job.
    • Alleged party’s behavior: The defendant may have intentionally inflicted emotional distress on the complainant through extremely reckless or outrageous conduct.

    The worst kinds of emotional distress can escalate into mental health disorders with lifetime treatment. Without financial relief, families may have a tough time with their limited finances.

    Seeking fair settlement

    Prolonged rehabilitative care may quickly drain funds. It often involves behavioral therapy, medications and hospital visits, which may all lead to piles of medical bills. Thus, having a legal team for support and guidance proves valuable. They can work to recover a fair settlement to pay for the mounting expenses. Doing so can also assist in easing the victim’s worries, doubts and fears.

  • Seeking justice after a hit-and-run: Identifying the driver

    After a hit-and-run, you may feel disoriented. But this is when your fight for justice begins. Your goal is not just to mend the physical damage but also to identify the driver responsible. In circumstances like this, knowing what to do when the driver flees is key to your pursuit of justice.

    Report to law enforcement

    In a hit-and-run, contact the police immediately. Gathering and providing as much information as possible is essential. This includes details about the other car, the license plate number if you saw it and the direction in which the driver fled.

    Gather evidence of the crash

    In addition to any key witnesses who may have seen the accident, there are additional resources that can aid in capturing evidence of the hit-and-run incident. In Pasco County, where part of Lutz is located, there are traffic cameras installed at various points. These may have recorded the incident or the vehicle as it fled the scene. If you know of any nearby cameras, inform the police. They can use the footage to help identify the car and driver. In addition, any photos or videos taken of the incident or the fleeing vehicle, by you or others, can also prove to be vital evidence.

    Consult a lawyer

    A lawyer can guide you through the legal maze that follows a hit-and-run. They can help communicate with your insurance company and, if the driver is found, assist you in suing them.

    Protecting yourself after a hit-and-run

    Unfortunately, not everyone is as cautious as you. In a regular car accident, both drivers are supposed to stop, exchange info and report it. But in a hit-and-run, In a hit-and-run, the culprit flees the scene, which is illegal. If they’re caught, they could face serious charges. In Florida, hit-and-run accidents are a big issue. Even though the number of these accidents dropped by 5% in 2022, there are still over 103,000 each year. If you’re ever the victim of a hit-and-run, you might have to rely on your own insurance if the other driver isn’t found. You wouldn’t want to be a part of these stats. A lawyer may be able to help protect your rights in seeking compensation and facilitate the process of finding the other driver.

  • Bicycle accident results in 1 death

    A bicyclist was killed in St. Johns County after a car hit his bike. Florida authorities arrived at the scene of the 9:35 p.m. crash to find the bicyclist already dead. The accident occurred along State Road A1A.

    Events leading up to the fatal collision

    The recent Florida accident happened when a man, 47, was riding a bike in the state road’s southbound lane. Another man, 26, was operating a van in the same lane. The van then reportedly hit the bicyclist.

    According to authorities, the van’s right side on the front caused the bicyclist to separate from his bike. The van then allegedly stopped on the road’s right shoulder. Meanwhile, the bicyclist landed within the state road’s wood line.

    Legal recourse available following the accident

    Police might learn through their investigation that the van driver caused the bicycle accident due to negligent behavior. For instance, the van operator may have been driving too quickly for road conditions or driving while distracted by texting and driving. In this situation, the surviving family members of the deceased bicyclist may choose to file a wrongful death claim against the van driver, seeking the reimbursement of financial damages sustained in the motor vehicle accident.

    A Florida judge will decide the claim for damages once liability is formally established in civil court, based upon a showing of negligence. A monetary damage award in a successfully fought wrongful death lawsuit may help the bicyclist’s loved ones cover his burial costs. Financial damages may also help cover the loss of support for the deceased bicyclist’s surviving dependents.

  • Motorcycle accident leads to 1 death, 1 injury

    A woman died when a motor vehicle struck her motorcycle in Flagler County. Meanwhile, the man driving the motorcycle at the time of the Florida accident suffered injuries in the wreck. The accident took place along U.S. Route 5.

    Events leading up to the wreck

    The recent Florida collision took place at around 10 a.m. on a Sunday. According to police, a 65-year-old man was driving a motorcycle northbound on the highway, and a 66-year-old woman was riding on the bike with him. A 32-year-old woman was reportedly driving a car south on the highway.

    Authorities said the woman tried to turn left onto another street but did not yield to oncoming traffic. Her front passenger side apparently hit the motorcycle. The impact of the wreck critically injured the driver of the bike. The passenger also suffered injuries and was taken to a medical center, where she later died.

    Legal recourse available following the accident

    The surviving loved ones of the motorcycle passenger who died in the Florida accident may choose to file a wrongful death claim against the car driver. Likewise, the injured motorcycle driver may file a personal injury claim, seeking the reimbursement of financial damages sustained in the motor vehicle accident. If the plaintiffs are successful in their claims, the motorcycle driver may receive damages to cover his medical bills, while the motorcycle passenger’s family members may receive a monetary award to cover her burial costs and the loss of support for her surviving dependents.

  • Distracted driving: The hidden danger on the roads

    Eating, drinking, texting and talking to our companions are mundane things we do. However, pair them with driving and they become a distraction that can lead to a serious mishap. Thinking that we can multitask while driving is one step closer to an accident waiting to happen.

    Even if we think our attention is 100% on the road when driving, there are subtle acts we think are a normal part of driving but are actually distractions. These include checking the navigation system, adjusting the side mirrors and tuning the radio.

    What if you find yourself in a distracted driving accident?

    A motor vehicle crash results not only in injuries, but also serious financial implications for all involved parties. This includes expenses for medical care and treatment and property damage repairs, among others.

    Now, if you are a victim of a distracted driving accident, you have two main options depending on the severity of your injury. First, you can file a claim from your insurance company to compensate for minor injuries. Florida is a no-fault car insurance state so even if the other driver was at fault for driving while distracted, you will have to recover compensation from your insurer instead.

    Second, you can file a personal injury lawsuit against the negligent driver for extremely serious injuries, such as permanent disability and loss of a bodily function.

    How do you know which option to pursue?

    While you are recovering from your injury and other losses, you are in a vulnerable position. Hence, it may be unclear which option you should pursue. Having an experienced attorney review your injuries and overall situation can help you assess the best remedy to maximize your recovery potential.

  • Hit-and-run accident leads to bicyclist’s death

    A Florida teenager lost his life in Hendry County after a sport utility vehicle struck his bike. The SUV driver was recently arrested in connection with the accident after fleeing the crash scene. His arrest came a little over a month after the hit-and-run accident.

    How the accident happened

    The Florida crash happened on a Thursday. Police reported that a boy, 15, was riding a bike along a road. A 28-year-old man was driving a sport utility vehicle on the road at the time and reportedly hit the boy’s bike.

    Authorities said the man fled the crash scene in his vehicle. Meanwhile, the teenager was pronounced dead at the crash scene. Police said they discovered and impounded the man’s vehicle the next day and arrested him on a recent Friday. He now faces charges of vehicular homicide, leaving an accident scene involving someone’s death and being involved in a deadly accident after driving with a revoked driver’s license.

    How an attorney can help following the accident

    The surviving loved ones of the teenage bicyclist who died in the Florida accident may opt to file a wrongful death claim against the arrested man, seeking damages. If the man is convicted on his criminal charges, proof of the conviction may be presented in a related civil court proceeding with the goal of establishing his liability for the fatal hit-and-run accident. A successfully litigated suit may lead to monetary damages to cover accident-related losses, such as the bicyclist’s funeral expenses.

  • 1 dead, 1 injured in motorcycle wreck

    A motorcyclist was killed in Florida after a car struck his bike. Authorities arrived on the scene of the 8:45 p.m. accident to discover that the biker was already dead. Another person suffered injuries in the wreck.

    Events leading to the motor vehicle crash

    The recent Florida accident took place at about 8:45 p.m. According to police, a woman, 19, was driving a sport utility vehicle west along an avenue. Meanwhile, a male motorcyclist, 26, was going east along the road.

    Authorities said the SUV driver made a left turn onto an Interstate 75 on-ramp and crashed into the motorcycle. The biker died from his accident-related injuries. The SUV driver suffered minor injuries in the collision.

    Legal recourse available following the accident

    Authorities may determine through their investigation that the driver of the sport utility vehicle caused the accident by failing to yield the right of way to the motorcyclist. In this situation, the deceased motorcyclist’s surviving loved ones may choose to file a wrongful death claim against the sport utility vehicle driver, seeking the reimbursement of monetary damages sustained as a result of the accident. Liability has to be established, based upon a showing of negligence, before their damage claim will be adjudicated.

    If the motorcyclist’s family members are successful in their claim, they may receive monetary damages to cover the motorcyclist’s funeral costs and the loss of support for his surviving dependents. No amount of money can reverse the events leading to the fatal Florida motorcycle accident. However, financial damages may help the motorcyclist’s loved ones experience a sense of justice following the crash.

  • Recovering property damage compensation after a car crash

    A car crash often leaves survivors not only with bodily injuries and emotional distress but also with tangible property damage.

    In Florida, drivers must have at least a $10,000 property damage liability insurance for crashes they cause. This rule means they must pay if the damage to the other party’s vehicle exceeds their policy’s limit. On the other hand, if drivers want reimbursement for damages to their vehicle, collision insurance is an option to pay for repairs regardless of who is to blame or when the at-fault party flees the scene.

    However, crash scenarios significantly differ based on the extent of damage, terms of insurance policies and out-of-pocket losses incurred. Thus, establishing these considerations can help claimants recover the compensation they deserve.

    What damages can a claimant seek?

    After an accident, drivers must assess whether it is still possible to repair their car or if salvaging it will be more costly. So, if the total loss threshold exceeds 80% of the vehicle’s actual cash value, then repairing it is not worth it.

    The following are common damages to watch out for:

    • Minimal repairs for scrapes or dents
    • Rental car, towing, towing or fuel fees while the damaged vehicle is in a repair shop
    • Lost personal items inside the car that need replacement, such as shattered eyeglasses or broken gadgets
    • Total loss or when a “totaled” car is beyond repair, which means repair costs outweigh the car’s value before the crash happened
    • Diminished value or when a car is fixable, but it reduces the vehicle’s pre-crash value

    This list is not exhaustive and can expand when there are numerous vehicles involved or disputes arise. When the at-fault party has insufficient or lacks coverage to pay for all parties’ damages, drivers must ensure they have enough coverage to pay for their expenses.

    Why does professional counsel matter before making a claim?

    Filing for a property damage claim can quickly become complex, especially when it comes to physical injuries, deaths and multiple parties – drivers, passengers, vehicle owners and insurance companies. Initial low settlement offers are typical when everyone’s trying to save time and money. Thus, dependable counsel is crucial to prevent unjust offers and to ensure maximized claims. Doing so can also aid survivors to focus on healing while their legal team works on their compensation.

  • Steps To Take Immediately After A Car Accident

    A car accident can quickly become a huge legal and financial nightmare. You should know how to protect yourself if you ever find yourself in one.

    Report the accident

    If you are physically able to make a call, dial 911 and report the accident. The operator will ask you questions regarding your location, whether you or anyone else sustained injuries and the extent of the damages. They may ask you to describe the crash scene. Give specific details, but avoid explaining who is to blame for the accident. The operator should notify the police regarding the accident. The police report will be included in your documentation. Remain on the scene and wait for the police or paramedics to arrive.

    Make sure you are safe

    An accident can happen anywhere, even at a busy intersection. Do what you can to ensure you are in a safe position, not one where you become a hazard to other road users. If you can drive, move your vehicle to the right shoulder.

    Gather evidence and information

    Documentation and information can play a vital role in receiving maximum compensation. While waiting for the police, you can gather evidence by taking photos and videos of the crash from different angles. The images and video recordings can also allow you to account for dangerous weather conditions and road hazards.

    Look around to see whether there may be proof that will help you should either you or one of the parties involved pursue a lawsuit. If the other driver is still on the scene, you should ask for their complete contact information and exchange vehicle details. Request for their insurance information as well. You may also capture videos of the other driver if they show signs of intoxication, such as slurred speech and difficulty balancing.

    Check for witnesses and obtain their testimonies

    You can get the names and contact information of people who witnessed the crash because you may need them to testify in court. Ask them to give you their account of the accident, as eyewitness testimonies will be beneficial for insurance claims.

    Get medical attention

    Once the paramedics or police arrive, they will ask you if you need medical attention. It would be best if you did not refuse because you could have sustained injuries from the collision without realizing it. If they do not immediately treat you at the crash scene, you should still go to a hospital for a comprehensive examination. Medical records and tests will also be part of your documentation.

  • What auto insurance adjusters do and how they impact your claim

    Immediately notifying your insurance provider is critical to initiating a claim to help cover your medical costs and lost wages following a car accident. An insurance claims adjuster will investigate your case and work with you until you get your settlement. However, adjusters, known for their tactics to rush cases and minimize payouts, can be challenging to deal with.

    Understanding how the process works may help you achieve a fair settlement and facilitate a smoother claims process.

    The role of an insurance claims adjuster in your car accident

    After filing a car insurance claim, a claims adjuster becomes your primary point of contact. Their role is to figure out how much the insurance company is responsible for in the accident. To do this, they will scrutinize the events that led up to the accident alongside your driving history and medical records. With this information, they will determine if the company is liable at all and put a price on the damages you suffered.

    Adjusters may act like they are on your side, but the reality is that they are representing the insurance company. You can attempt to negotiate with them, but they will do everything possible to get you to accept a lower amount. Regrettably, adjusters do not always act in the policyholder’s best interest, as their primary focus is to help the company.

    Preparing to deal with an insurance claims adjuster

    Negotiations might become frustrating, but staying calm when dealing with an adjuster is essential. In addition, do not give a recorded statement or provide more than basic information on the accident and your injuries. The adjuster may use these to your disadvantage.

    The aftermath of an accident can be overwhelming, but do not let this pressure you into accepting your insurer’s initial offer. It may be insufficient to cover your current and potential expenses.

    Accepting a settlement means forgoing any future claims. After a car accident, victims sometimes experience delayed symptoms that require further medical attention. If you already settled, you will not be able to file an additional claim.

    An attorney can examine your case and assist you with the negotiation process. If the task proves too challenging for you to handle at this time, the attorney can also manage all interactions with the insurance company on your behalf.