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  • Understanding the hidden damages of a car accident

    The damages involved in a car accident can be significant. It is no wonder Florida’s no-fault laws require car drivers to carry a minimum of $10,000 worth of personal injury protection. The problem is that we do not always realize the extent of the damages until it is too late. They can far exceed what the insurance will cover. If you suffered injuries from a car accident, you might want to pursue a personal injury lawsuit. However, you should understand the hidden costs and damages in a car accident to maximize the settlement.

    The financial costs

    The vehicle repairs could be more extensive than you initially realized. You may have suffered physical injuries that take longer to manifest. Here are other financial expenses you should consider:

    • Income loss
    • Medical expenses and medication
    • Rehabilitative costs
    • Vehicle damage
    • Property damage
    • Traffic fines
    • Increase in insurance premiums
    • Additional and unexpected car repairs
    • Towing services
    • Vehicle rentals or temporary transportation fees

    It is not enough to account for the immediate damages. You must be aware of how the accident will change your daily life. When you cannot work or physically care for your family, you might even need to hire help. Sometimes, the damages are not only financial.

    The emotional costs

    After a car accident, a person can have difficulty driving again. Serious motor accidents can result in posttraumatic stress disorder or PTSD. It could put a strain on your relationships at home and work.

    A car accident can seriously affect your life. Failing to account for all the economic and noneconomic damages you incurred from the car accident might lead you to settle for less than what you need to make a full recovery.

  • Did you slip and fall on government property?

    Imagine running your errands on an average day without knowing that it’ll be fateful when you must contemplate suing the government for your tragic slip-and-fall injuries on their property.

    Your slip-and-fall incident may have occurred in government-owned and -maintained locations such as offices or buildings, public sidewalks, libraries and parks. If you’re strong-willed to pursue a personal injury claim, you must know that there are varying processes, timelines and awards for each government level involved in your case.

    Florida’s sovereign immunity law

    As much as you’re determined to file a lawsuit, it won’t be as straightforward as you hoped. Sovereign immunity prevents an average citizen from suing U.S. state or federal governments for monetary damages in negligence-based personal injury claims. However, this legal protection differs per state.

    Under Florida’s statutes, you may only file a lawsuit against the state government if their employee’s actions led to your injuries. In the most catastrophic cases, even death is possible. But the state’s waiver includes three limitations:

    • Damage caps: $200,000 against a government agency and $300,000 for multiple government agencies. If you believe you deserve more than these specified amounts, you may file a petition to request more damages.
    • Intent: You may not hold any state employee liable unless their actions were committed maliciously, in bad faith or caused human rights infringement.
    • Punitive damages: You cannot collect punitive damages on top of your compensatory damages.

    Further, the Federal Tort Claims Act (FTCA) adds another level of complexity. Before filing an administrative claim, you must first assess if your situation is permissible under the FTCA guidelines. If your situation applies and you have adequate proof to support your claim, you must ensure filing it on time. Florida’s statute of limitations specifies that you have four years since your slip-and-fall accident. After which, the FTCA allows six months for the government agency to either agree to or refuse your claim.

    Addressing legal adversities

    With extraordinarily complex laws under consideration, it will be too overwhelming to tackle the process on your own. You would not want to risk missing deadlines and misinterpreting important government statutes. You may seek the help of a legal counsel who could ease your worries and help you receive a fair judgment for your personal injury claim.

  • Can social media endanger your personal injury case?

    After an accident – whether it be a slip-and-fall, car crash, dog bite or even a loved one’s wrongful death – you usually want to inform your family, friends and colleagues through a social media post. It’s easy and quick to do, so why not?

    Posting on your social media accounts seems like a harmless move only meant to convey tragic news with just a digital click. However, what you think is a convenient way to connect to your circle can hurt your Florida personal injury claim.

    Think before you post, or don’t post at all

    Anything you share through your social media platforms, like Instagram, Facebook, Twitter, TikTok, YouTube, Pinterest and LinkedIn, is accessible and usable in court by the defense and insurance companies. They may turn the tables against you using the content you put out on the internet.

    • Status updates: The words you use online to describe and explain your memory of the incident may not match your testimony during court proceedings.
    • Private conversations: Chats or direct messages, even if configured with elaborate privacy settings, may still be under investigation once served with a subpoena.
    • Photos and videos: Images or visuals implying that you are doing well and performing your usual activities, like eating out at your favorite restaurant or going on your nightly run, may discredit the severity of your injuries.
    • Location check-ins: Especially if you seek compensation for noneconomic damages such as emotional distress, being at a delightful spot may demonstrate that your current state is not as miserable as you claim to be.
    • Engagements: Commenting on other people’s posts about your accident may also expose your thoughts to inaccurate interpretations.

    Possible damaging content extends to your other online contacts who also have an opinion about your accident. It helps to warn them to refrain from all case-related posts as it only undermines your credibility rather than moving your claim forward.

    Getting off the web for now

    In the age of social networking, you cannot be too vigilant. Instead of contemplating what to post next, minimize online visibility and assess your existing virtual profiles. You can protect your rights by going offline for the time being and discussing your action plan with your legal counsel.

  • The wrongful death of a loved one

    The death of a loved one is always difficult to deal with. We cannot prevent disease and old age. Even though accidents occur, they should not cause the death of another human being. Wrongful death is when you lose a loved one because of negligence or adverse action. It is more straightforward to blame a criminal who intentionally caused harm that resulted to death. However, when negligence is the defining precursor, it may be more challenging to justify.

    The laws of Florida outline the possibilities an individual or entity can be liable for another person’s death. If you lost a loved one due to unintentional but avoidable causes, you may have a wrongful death lawsuit.

    Who can be responsible for a wrongful death?

    Negligence is failing to act reasonably or with due prudence. It is one of the most common causes of wrongful death. Someone should be answerable for the loss of your loved one, but you must understand how they are liable. The following are the individuals or entities that may be accountable for your loved one’s death:

    • A driver who does not obey traffic rules and regulations
    • A driver who is driving while distracted or intoxicated
    • Property owners who fail to keep their property safe and hazard-free
    • Schools that do not have preventive and safety measures for their staff or students
    • Employers are responsible for their employee’s well-being in the office
    • Employers should provide appropriate training for their employees
    • Hospitals and health care providers have duty to provide their patients with a standard or medical care

    People can go through their daily lives without much thought of how their actions or inactions can directly impact another individual. Especially when that individual is a stranger. They could have prevented the death. Your loved one should still be here today.

    Recovering justice for your loved one’s death

    In Florida, any surviving potential beneficiary or relative can seek compensation for the damages they suffered from losing their loved one. They may no longer be alive to defend themselves, but you are here. You can fight for them.

  • Are you a victim of road rage?

    We have all experienced road rage. It is when a person gets behind the wheel while experiencing extreme anger and taking it out on other drivers or pedestrians. Road rage is much like drunk driving in that the driver’s uncontrollable anger may impair their mental faculties the way alcohol would. It is also one of the leading causes of motor vehicle accidents. The problem is that it is more challenging to make a claim against an angry driver than a drunk one. Breathalyzers only account for intoxication, not aggression. How would you know then if you are a victim of road rage?

    How to tell if another driver is exhibiting signs of road rage

    Drivers experiencing road rage are more prone to dangerous behaviors on the road. They tend to project their stress and hostility toward unsuspecting drivers, cyclists and pedestrians. When on the road, you should be wary of unreasonably aggressive drivers. Here are signs you should watch out for:

    • A driver speeding or attempting to speed even in traffic
    • A driver tailgating or following behind other vehicles too closely
    • A driver ignoring traffic lights or road signs
    • A driver changing lanes without signaling
    • A driver honking their horn nonstop
    • A driver shouting or making obscene hand gestures

    If you feel that an aggressive driver is displacing their anger toward you, do not engage. It can be a terrifying experience when an angry driver is targeting and victimizing you. Try to maintain a safe distance behind them. Remember that they have already lost their temper, so do not lose yours.

    What if the aggressive driver causes a car crash?

    Immediately call the police because they may be capable of more than just property damage. You can pursue a personal injury lawsuit since the driver drove recklessly and negligently. Just because you chose to stand down while the driver was victimizing you on the road does not mean you should do the same in the courtroom.

  • Car accidents: What should I do if I believe the other driver was intoxicated?

    Intoxication often dulls a driver’s senses and reaction times and can increase their risk of being in an auto vehicle accident. Unfortunately, a car crash sometimes affects not just the intoxicated individual but also unsuspecting motorists and pedestrians, and it might also damage property.

    But what should you do if you are in a car accident and believe the other driver was drunk? The following tips can help you in the event you decide to the hold the other driver accountable through a civil lawsuit.

    Items on site

    Certain items at the accident site, such as empty beer containers near the driver’s seat, might cast doubts about the at-fault driver’s sobriety while they operated their vehicle.

    Police report

    Law enforcement generally documents car accidents through a police report. This report details the incident, including the involved individual’s behavior and state of drunkenness.

    Blood alcohol concentration (BAC)

    Law enforcement usually performs blood alcohol tests after a car accident to verify the involved persons’ intoxication levels. They often include these tests’ results in their report.

    Driver’s behavior

    Sometimes, the at-fault driver’s mannerisms might indicate how drunk they are. Sleepiness, lack of attention and coordination, and stumbling are frequent signs of drunkenness.

    It is critical to note that just because a driver had a few drinks does not automatically mean they are at fault when they suffer a car accident. For instance, they will likely not be responsible for a car crashing into their parked vehicle.

    An advocate who specializes in the intricacies of personal injury law can help you navigate these and other issues. They can also help you build a case that holds the driver who was responsible for the accident accountable for their wrongdoing.

  • Things to keep in mind following a motor vehicle accident

    To say the risk of getting into a motor vehicle accident in Florida is high would be an understatement. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 2021 saw a total of 401,533 car crashes. Of those crashes, 163,961 led to injuries, while 3,445 were fatal.

    If you get involved in a motor vehicle accident, your immediate concern should be your safety. You must seek medical attention as soon as the first responders arrive at the scene. Treatment is a priority before any talk of insurance or filing a lawsuit against the other driver happens.

    But apart from medical treatment and discussing insurance, you should keep a couple of things in mind when handling an accident.

    Reporting to the police

    State laws say that drivers involved in a crash must report the incident to the police if at least one of two conditions are met:

    • If the collision caused at least $500 worth of vehicular or property damage.
    • If the collision led to an injury or death.

    If none of these conditions apply, you must accomplish a crash report on the FLHSMV website. But if you’re looking to sue the other driver for damages, a police report will be essential for your case.

    No-fault insurance

    Florida is a “no-fault” auto insurance system state. Regardless of who may be responsible for the collision, insurers will cover motorists’ injuries through Personal Injury Protection (PIP) for up to $10,000. But once your medical expenses go beyond this cost, you may file a lawsuit against the other driver and their insurer for additional compensation.

    Statute of limitations

    The state’s statute of limitations gives drivers four years from the date of the incident to file a lawsuit for compensation. Four years may sound like a lot of time, but considering the time it would take to recover from traumatic injuries such as fractures or possible brain injuries, those four years could easily slip by. You should keep this timeframe in mind, or else your claim will be barred if you miss the deadline.

    If you are involved in a motor vehicle accident, you can’t just threaten the other driver with a lawsuit on the spot – there’s a system and process in place which will allow you to seek compensation. Injured motorists might want to discuss their situation with an attorney to determine their next course of action.

  • Should I visit my doctor after a slip and fall?

    Slip and fall injuries might not always seem serious, but sometimes they necessitate a hospital trip. If you experience the following signs and symptoms, seeing your doctor can help preempt severe complications.

    Popping or snapping sound

    If you heard a popping or snapping noise during or immediately after your fall, it is possible that you suffered a fractured bone or dislocated joint. Ignoring this sign and going on with your day may result in further damage to any injured body parts.

    Aches and pains

    Pain is a common and immediate sign that something is wrong with your body. For example, if the sensation is close to vital body parts, such as your back and chest, it might indicate damage to your spine and ribs.

    Unconsciousness, confusion, or nausea

    Movies and TV shows often make light of these symptoms, but falling unconscious or feeling dizzy after a fall may point to significant head injury. Immediate medical attention can help reveal and address damage to your brain, spine, and other organs.

    Delayed symptoms

    It is possible that you might not even feel anything after your injury, but this does not necessarily mean you are entirely uninjured. Some injuries do not show symptoms until several hours or days after the incident. For this reason, it is crucial that you stay alert and watch for any unusual sensations and changes in your body following a slip and fall.

    Treatment and recovery often become more expensive when your injuries result in severe complications. Prompt medical attention can help prevent your condition from worsening and enable you to return to your job and everyday activities sooner.

  • The most common injuries from car accidents

    In Florida, car accidents can result in injuries. How someone else hits your car, your position in the vehicle and whether you had your seatbelt on determine the severity and types of injuries you could sustain from the force of the impact.

    Even when a vehicle accident seems minor, injuries still occur. Some car accident-related injuries take a few days or even weeks to surface, so seeing a doctor after an accident is critical so that you can have a proper examination and treatment.

    The following categories represent the most common types of car accident injuries.

    Whiplash and other soft-tissue injuries

    Of all car accident injuries, whiplash is the most common. This soft-tissue injury typically involves a cervical sprain, strain or hyperextension. Other soft tissue injuries include bruises or contusions, strains and sprains on any body part.

    These injuries do not appear on X-rays and may not become apparent immediately. Some soft-tissue injuries are acute and will resolve over time with proper treatment. Others become chronic, such as soft tissue injuries in the back, and may cause pain for an indefinite amount of time.

    Broken bones

    Many people involved in car crashes sustain broken or fractured bones, especially the arms, legs and ribs. These injuries can cause extreme pain and require surgery to repair so the bones can heal appropriately.

    Head injuries

    In an accident, traumatic head injuries are common, as occupants may hit their head on the inside of the car upon impact. Injuries include mild concussions to severe traumatic brain injuries (TBI). TBIs can cause life-long physical and cognitive impairment.

    Back injuries

    The impact of a car crash can cause accident victims to sustain back injuries such as herniated discs, nerve damage and more serious spinal cord injuries.

    Cuts and bruises

    Cuts, bruises and abrasions could be minor but still extremely painful. More serious injuries can result from broken glass or jagged metal, causing deep lacerations or amputations.

    Bruising can range from minor bumps to severe internal injuries, including damage to internal organs and major blood vessels. These injuries can bleed internally and become life-threatening.

    Psychological injuries

    This type of injury might not surface right away, but after a vehicle accident, victims can experience anxiety, depression and other symptoms of post-traumatic stress disorder (PTSD).

    If you are involved in a car accident, it is critical to have a doctor’s examination, even if you do not think you have any serious injuries.

  • 4 ways to recover financially after a car accident

    Many car accident victims struggle to pay for their medical bills and other related expenses after recovering. A serious injury may also keep someone from working indefinitely, leaving them with no means to pay their bills.

    After an accident, these are some bills you can expect to pay:

    • Hospital and emergency room bills
    • Medical free consultations
    • Physical Therapy
    • Prescription medication and
    • Vehicle repair costs

    As you can imagine, all these fees will add up and make it difficult to stay afloat financially. Exploring the following options may help you ease your financial burden.

    1. Set up payment plans

    In Florida, all drivers must have Personal Injury Protection (PIP). Regardless of who caused the collision, this no-fault insurance could help pay up to $10,000 of your medical expenses and lost wages.

    Moreover, many hospitals and doctors are sympathetic to patients. Try to explain your situation and negotiate your payment. The hospital could agree to reduce your bill or offer financial assistance.

    Similarly, notify your landlord or mortgage lender immediately. They may be willing to provide a workaround, such as a repayment plan.

    1. Recover expenses from the at-fault driver

    If the accident was not your fault, the at-fault driver’s insurance provider might be able to reimburse you for the amount you spent on treatment and repair bills following the collision.

    Additionally, you may be able to hold them accountable for future medical expenses, lost wages, and diminished earning potential.

    1. Review your budget

    You will likely have to pay some fees yourself. Hopefully, you have an emergency fund set up, but in case you do not, review your expenses and look for areas where you can make cuts. Organize your finances so you can monitor your spending.

    1. Take out a loan

    Victims in the middle of a lawsuit can consider taking a pre-settlement loan to help keep themselves financially secure until their case settles. However, if you win your case, you will need to pay the pre-settlement loan back along with applicable interest and fees.

    Recovering from an accident can take a toll on anyone but remember you are not alone. If you are having trouble collecting payments from the at-fault driver or your insurance company, it may be time to contact a car accident lawyer.