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  • Distracted driving continues to be a serious problem

    Drivers may run into problems concentrating on the road. While many might snap back into focus, others could allow their distractions to cause an accident. Florida has its share of drivers who embrace troubling behaviors on the road, such as texting, calling or reviewing voicemails. Yes, smartphone use remains a dangerous distraction for drivers. People continue to use their smartphones and apps despite significant publicity about the dangers.

    Smartphones and distracted driving

    Two credible studies, one conducted by State Farm insurance and one run by AAA, revealed significant numbers of drivers read emails while operating a vehicle. With hands, eyes, and attention taken away from the car and road, drivers unnecessarily put themselves and others in enormous danger. While most drivers wouldn’t do such a thing, enough drivers embrace such behavior and could cause potentially fatal accidents.

    Many people use their smartphones compulsively, and they can’t wait until they stop driving to use them. Texting and reading emails aren’t the only risky uses of a smartphone. Even using the device to access GPS instructions is dangerous. And those dangers don’t go away when engaging a hands-free feature either.

    Distractions and liabilities

    Smartphone use isn’t the only path to distracted driving, but it is highly prevalent. Other behaviors are just as bad, and they predate texting-and-driving by decades. Namely, eating or drinking while driving could cause enough of a concentration lapse to cause motor vehicle accidents.

    Engaging in unnecessary, distracting behaviors could support any negligence claims after an accident. Drivers who don’t make safety a top priority might be liable for any harm they cause. A driver may rely on an insurance policy to protect from financial devastation, but the damages could be beyond the policy’s limits.

  • Why Seeking Medical Attention After a Car Accident is Important

    Being involved in a car accident can be one of the most traumatizing experiences a person could go through. While most motor vehicle crashes do not cause significant damage or any personal injuries, unfortunately that is not always the case. Here in Florida over 236,000 people suffer injuries and go through this terrifying experience each year. Sometimes these injuries are catastrophic and immediately apparent like traumatic brain injuries, spinal cord injuries, loss of a limb, broken bones, and other damages. But our Tampa Bay car accident lawyers know that other times some injuries may start subtle and slowly become more significant or damaging. This can include injuries such as herniated discs, brain bleeds, and organ damage.

    Insurance companies know this too and will even use it against you. In fact, many insurance companies have their claims adjusters trained by defense lawyers to learn how to undervalue or deny car accident claims. Adjusters are also taught how to get victims of car accidents to admit to unsavory but not necessarily true facts in order to use it against them in a lawsuit. This is particularly true of soft tissue injuries or injuries that do not manifest themselves right away after a Florida car accident. Therefore, if you do not have a record of your injuries by first responders or a hospital visit, you can be sure that the insurance adjuster or defense lawyers will argue that your injuries were not causally related or that you are feigning or exaggerating your injuries to receive a payday.

    Here at Dumas & Sanclemente Law, we do not think that is fair. But we know it happens all too often. We have some important tips that motorists should know if they were involved in a Tampa Bay car accident. These tips could help protect your rights to compensation for medical bills, lost wages, loss of consortium, and of course your pain and suffering. But not only can these tips help document your injuries, but it can actually save your life in the case of a slow brain bleed or another internal injury.

    Get Evaluated by Medical Staff, Even if You Do Not Feel Hurt: It Could Save Your Life!

    While you may feel fine after a motor vehicle crash, it is important to always be evaluated. Trained medical providers and first responders have extensive experience and training to help them evaluate victims of car accidents. They know what subtle signs and symptoms may be an indication for something greater and more dangerous. This is why it is important to never underestimate or decline an evaluation, even if you think you are fine.

    For example, some injuries such as a brain bleed could cause no pain or discomfort besides maybe a dull headache—which is common after any type of impact or fall. But there may be a few small or subtle symptoms to indicate that it is occurring, even right after an accident. If you decline an evaluation and fail to get treatment by a trained professional who could recognize those symptoms, that brain bleed could result in a dangerous increase of intracranial pressure over the next few hours or even days. Once the pressure inside the skull increases and it begins to cause pain, it is already too late. There could be irreversible brain damage or cause wrongful death—even if quickly treated. This is why it is imperative to stop the damage right away by getting quickly evaluated and treated before damage occurs.

    Create a Record of the Accident and Your Injury Complaints

    With any type of accident or injury, after getting treated the next most important aspect of a case is creating a record. The sooner and more thorough the record is created, the stronger it will be to support your claim. This means telling first responders and medical providers everything that hurts or aches at the scene of an accident and at the emergency department of a hospital. Do not play a hero. If anything is hurting, even just a small ache, it could quickly snowball into something more devastating. You need to ensure that your medical records contain these complaints of pain.

    Creating a Record is Essential for Soft Tissue Injuries

    Creating a record is particularly true of soft tissue injuries to the neck, mid-back (thoracic region), or lower back (lumbar region). In fact, many slipped discs, annular tears, herniations, and other damages to the back may take days or even weeks to manifest themselves. It would be very easy for an insurance adjuster or defense lawyer to say that your first complaint of back pain was five weeks after an accident, how can it be related?

    The truth is that this is a very common scenario that a judge or jury may not realize happens often. Always ensure that even a small backache is noted in your record at the accident or at the hospital. Sometimes minor pains in the neck or back can result in the need for extensive surgical interventions such as back fusions.

    After Seeking Medical Attention, Call our Tampa Bay Car Accident Lawyers

    After you have received medical attention for your Florida car accident, the next most important step is to seek legal advice from a car accident lawyer. Here at Dumas & Sanclemente Law, we offer free consultations to advise victims of all types of personal injury accidents what their rights are under Florida law. This includes serious or catastrophic car accidents occurring throughout the Tampa Bay area or Florida. Learn how we can help protect your rights during a free consultation by dialing (844) 400-2667. You could also send us an email by using our message box at the bottom of our contact us page available here.

  • When Do You Need to Hire a Personal Injury Attorney?

    We have all heard the expression that “accidents happen.” And it is true that some accidents do happen. But sometimes these accidents are due to the reckless, careless, and otherwise negligent conduct of another person, business, or government agency. Sometimes these accidents are also avoidable and preventable. This means that you may suffer needless harm and personal injuries from an accident that never should have happened. Unfortunately, many times these negligent accidents also cause serious or catastrophic personal injuries. The worst part is that many Floridians do not even realize that they have been victims of someone else’s negligence. Sometimes victims even blame themselves for their injuries. But this is exactly why you need to hire a Tampa Bay personal injury lawyer to review what happened and to advise you of your rights.

    Many times the catastrophic injuries that a victim suffered were due to negligent accidents. For instance, according to research from the National Spinal Cord Injury Statistics Center the leading causes of spinal cord injuries are motor vehicle accidents (38%) and falls (30.5%). The other top causes of SCIs were due to violence (intentional harm known as a “tort”), sports accidents (can include due to negligence), and medical or surgical mistakes (medical malpractice). It is similarly true for traumatic brain injuries (TBIs), as the Center for Disease Control (CDC) reports that falls accounted for 48% of all emergency department visits and the first and second leading causes of all TBI-related hospitalizations were falls and motor vehicle accidents. The CDC also reports that another common cause of TBIs are being struck by an object or crushed between an object, which is also a common workplace or construction site accident.

    Unfortunately, many of the victims injured in these types of accidents may not realize that they have rights under Florida law to recover compensation for their medical bills, lost wages, pain and suffering, and other damages from an accident. This inequitably leaves victims and their families with the burden of both physical and emotional harm, while saddled with crushing financial damages. Do not let this happen to you. Learn when it is important to seek the advice of a personal injury lawyer.

    Signs When to Hire a Personal Injury Lawyer in Florida

    There are many common signs and indications why an individual should seek a lawyer to review a case. Generally, anytime you have suffered any type of physical, emotional, or financial injury due to another’s conduct or while on the property of another, you may have a case. This includes even if you think it was partially your fault.

    Some common examples of when to consult with a Tampa Bay personal injury lawyer include the following:

    Motor Vehicle Accidents in Florida

    Anytime you or a loved one have been injured in a car accident, trucking wreck, motorcycle collision, hit by a car as a pedestrian or bicyclist, or otherwise injured in a motor vehicle accident, you may be entitled to compensation. This is true even in single-car accidents if you were forced off the road to avoid another vehicle that swung into your lane but did not hit you. In some instances, a municipality such as a town, county, or the State may be liable to you in a single-car accident due to negligent maintenance of the roadway, poor roadway design, or other errors. This is particularly true for motorcyclists and bituminous crack fillers or sealers which can become soft or tacky in the Florida sun and cause a motorcyclist to lose balance and crash.

    Slip and Fall or Trip and Fall Accidents

    Premises liability cases are accidents that occur due to the use or occupation of land. The most common types of premises liability cases are slip and falls or trip and falls. These cases are different because the mechanism of injury is different, meaning that there could be different injuries and a need for a different type of expert to support your claim.

    Slip and Fall – A slip and fall is when a person loses balance by stepping onto a slippery surface. The slippery surface could be a spilled product in a store, tracked in rainwater, or excessive wax or soap on a floor. Common injuries include bi- and trimalleolar fractures, torn meniscus, or torn knee ligaments such as ACL, MCL, PCL, or LCL.

    Trip and Fall – A trip and fall is when a person’s foot is caused to get stuck, twist, or otherwise strike an unexpected object that causes a person to lose balance and fall. This type of injury can be caused by debris in a store floor, broken curbs, or a hole in the ground. Unique trip and fall injuries could include spiral fractures which are caused when a person’s leg muscles are internally pulling one way (to walk) and an external force is pulling another way (gravity falling in the opposite direction). These are very serious and painful injuries.

    Construction Accidents

    Some of the most damaging types of personal injury accidents are construction accidents. The CDC report affirms this, as the second most common cause for TBI hospital visits were due to falling objects or being crushed—both common construction site accidents. Other common causes of injury include falling from a height, explosions, burns, chemical exposure, electrocution, vehicle accidents, and other reckless causes.

    Workplace Accidents

    Any injury that occurs at a place of employment or due to employment could result in liability. Generally, workers compensation insurance will cover these types of injury claims. However, there are some instances where a victim suffering personal injuries at work may be entitled to recover compensation against a third-party that caused those injuries or against an employer who failed to have workers compensation when he or she was required by Florida law.

    Dog Bites and Animal Attacks

    One of the most painful and damaging injuries are caused by dog bites and animal attacks. This is especially true if an infection occurs, which is very common in these types of injuries. While some states require prior knowledge of a dog’s propensity to bite or harm another, Florida is a “strict liability” state when it comes to dog bites. This means that the owner of a dog is usually automatically liable if his or her animal attacks or bites another person. However, there are some common defenses that insurance adjusters will use to try to prevent a victim from recovering compensation. Always ask a Tampa Bay personal injury lawyer for help with a dog bite case.

    Medical Malpractice and Birth Injuries

    While a healthcare provider cannot guarantee a particular result, a healthcare provider must provide the appropriate standard of care that a reasonably prudent healthcare provider with similar training, education, and in the related field would have in similar circumstances This means that an OB/GYN must provide the same level of care and treatment that another OB/GYN would have in similar instances, or a nurse must provide the same level of care that another nurse in a similar specialty would have. Any type of healthcare provider could be liable for medical malpractice, including doctors, nurses, physician assistants, nurse practitioners, CRNAs, dentists, hygienists, and in some instances medical students, residents, internists, and other technicians. Any time a patient’s result does not come out as expected, it could be due to healthcare negligence.

    Other Types of Personal Injury Cases

    In addition to the specific types above, there are many other types of negligent cases that could allow a victim to recover compensation including the following:

    • Swimming pool accidents
    • Falls on stairs
    • Negligent security at a hotel or lodging room
    • Watercraft accidents
    • Intentional assaults
    • Sexual offenses and crimes against a person
    • Cruise ship accidents
    • Fire and burn injuries
    • Nursing home negligence including pressure sores, ulcers, or other damages
    • Prescription medication errors and mishaps
    • Negligent security at a bar
    • Roadway design errors
    • Improper construction or architectural/engineering negligence
    • Drownings, and
    • Any other types of incidents that cause another harm including wrongful death.

    You Can Recover Damages if You Were Partially At Fault

    Even if you believe that you may have caused your own personal injuries, you may still recover compensation. Florida is a “comparative fault” state, which means that the fault of a victim will be assessed against the overall liability of a defendant and the victim’s share will be proportionally reduced. For example, if a victim is awarded $100,000 but is 10% at fault for causing the accident, the victim’s award will likely be reduced to $90,000.

    Call Our Tampa Bay Personal Injury Lawyers for a Free Consultation

    Unfortunately, many people are resistant to the idea of seeking legal advice because of a preconceived notation that lawyers are expensive. While that can be true, our Tampa Bay personal injury lawyers offer FREE case reviews to help explain what rights that a victim may have under Florida law. This means that seeing a lawyer at Dumas & Sanclemente Law is free to you to learn whether you may have rights to compensation for your injuries. If we accept your case, we also only receive a percentage of what we recover for you in a settlement or court award. This means that there is no fee if we do not win your case, and you will not have out-of-pocket expenses as we only take a percentage of what we recover for you plus. To schedule your free consultation, call [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] to learn how we can help you and your family recover compensation for pain and suffering, lost wages, medical bills, and other damages due to another’s negligence. You can also contact us through our convenient and easy-to-use message box at the bottom of our contact us page available here.

     

     

     

     

  • Who Pays my Medical Bills After an Auto Accident?

    Auto accidents are one of the largest causes of unexpected medical bills. In the United States alone, approximately two million people suffer personal injuries in auto accidents and another 40,000 are wrongfully killed. Of these national statistics, Florida auto accidents account for about 236,000 injuries and 3,000 deaths. These are staggering figures which mean each day in Florida alone there are 647 people injured and eight people killed. Our Tampa Bay auto accident lawyers know this also means that many victims and their families are burdened with the high costs of emergency medical treatment, surgeries, and potentially years of physical therapy or revisionary procedures to try to repair the damage done. This is often coupled with the realization that the person injured in an auto accident may also be unable to work to pay these quickly accumulating costs.

    This is why one of the most common questions a victim may have after an auto accident is who can pay for my medical bills. Florida has taken great steps to help protect victims of a motor vehicle accident by enacting certain legislation to allow victims easier routes to recover compensation for medical bills. However, most people do not know what to do until they have already been in an accident.

    Here at Dumas & Sanclemente Law, we hope that no one has to live through another car accident. But we know that is not realistic given that 2 million people are injured every year in series wrecks. Thus, we want everyone to know what their rights are to have their medical bills paid before they are ever in a Florida auto accident to help ease the burdens of physical, emotional, and financial stress on a victim and his or her family.

    Florida Car Insurance 101: What a “No Fault” State Means

    Generally, the United States has two forms of car insurance. There are “at-fault” states and “no-fault” states. The difference dictates where a person injured in an auto accident will turn for medical bills and lost wages. At-fault states require parties to turn to the at-fault driver’s insurance company. Whereas no-fault states like Florida require parties to turn to their own car insurance to submit a claim. The goal of a no-fault state is for victims to immediately begin having medical bills and lost wages paid for, and liability could be determined later in a lawsuit or between insurers.

    Components of No Fault Insurance

    Under Florida law, all motorists must have insurance for their motor vehicle in order to register and operate the vehicle on Florida roadways. Coverage must be for both personal injury protection (PIP) and property damage liability (PDL).

    What is the Minimum Car Insurance Required in Florida

    While motorists are free to purchase as much insurance as they can afford, the minimum car insurance required in Florida is the following:

    • $10,000 for personal injury protection or PIP, and
    • $10,000 for property damage liability or PDL.

    What is Covered by Florida No Fault Insurance?

    Under Florida law, PIP covers eighty percent (80%) of all necessary and reasonable medical expenses for a covered injury caused by an auto accident. The amount covered or reimbursed is up to the amount purchased by the motorist, which at a minimum must be $10,000. Additionally, PDL will cover up damage caused to another vehicle or property up to the amount chosen by the motorist, the minimum being $10,000.

    What to Do if Personal Injuries are More Than the Coverage?

    In some instances, the personal injuries sustained by a victim of a Tampa Bay auto accident may be more than the amount of no-fault coverage. In this situation there are two options for motorists.

    Option 1: Commence a Legal Action

    Where the personal injuries sustained are more than the PIP limits of a policy, a victim may commence a personal injury action where he or she suffered a “serious injury” against the at-fault driver. This is a threshold consideration that keeps mild or moderate injuries out of litigation and in the no-fault realm. It is important to seek a lawyer’s assistance to determine if you have a serious injury and may be entitled to compensation in a Florida lawsuit.

    Option 2: UM/UIM Coverage

    Uninsured (UM) or underinsured motorist (UIM) coverage, sometimes referred to as supplemental uninsured/underinsured motorist (SUM) coverage, is an additional and voluntary option for motorists to purchase on top of their PIP. This policy add-on covers a driver and his or her family if the damages go above the PIP and bodily injury liability (BIL) coverage that the at-fault driver has. The total amount of UM/UIM is the total amount of compensation that a victim may be entitled to recover. This means if you have a total of $100,000 in medical bills and obtain $10,000 from PIP, you would be entitled to recover another $90,000 (total $100,000) if your UM/UIM policy was for $100,000.

    This coverage is only for the individual who purchases it, meaning buying this coverage benefits just you and your family. Our Tampa Bay auto accident lawyers recommend obtaining as much UM/UIM as you can reasonably afford, trying at least for $200,000 in coverage in possible but $400,000-$500,000 is best.

    When Workers Compensation Could Apply

    In addition to no-fault insurance paying medical bills, if a victim was injured while within the scope of employment workers compensation may be the exclusive remedy. This is tricky because it can usurp no-fault insurance. It is also not preferred, as workers compensation will place a lien on your file and if you are able to collect compensation in a lawsuit against a defendant, you may have to pay back all or a portion of your workers compensation lien.

    Do You Have Medical Bills After a Florida Auto Accident? Ask Us for Help

    At Dumas & Sanclemente Law, we understand that being involved in a Florida auto accident can be a frustrating and confusing time. This is particularly if your medical bills are higher than the policy coverage, or if an insurance adjuster is undervaluing or even disclaiming your valid claim. This is why our Tampa Bay auto accident lawyers offer free consultations to advise you of your rights and, if we accept your case, there is no upfront fee for our lawyers to begin to work on your case. We also pay all upfront costs and disbursements of litigation. We only get paid our counsel fees and reimbursement of costs and disbursements if we recover compensation for you. This means there is no financial risk for you to hire our law firm.

    Learn more about how we can help you today during a FREE case evaluation by dialing (844) 400-2667. You can also send us a message with our convenient and easy-to-use message box at the bottom of our contact us page available here.

  • What To Do After A Car Accident?

    BAM! You have been in a car accident. Shock is the natural reaction we all feel at that moment, but what do we do once the shock fades and we need to address the reality of the situation? Once all involved parties are in a safe place, dial 911. While police reports are not admissible in Florida courts, a police officer’s initial investigation will bear great weight in determining who was at fault for insurance purposes.

    Once the police are on their way, take pictures if you can. Take not only pictures of the vehicles involved, but of your surroundings. These initial pictures will go a long way if the involved parties have different versions of the accident.

    Next, if you’re injured, seek medical help as soon as possible. Failing to be proactive in addressing your injury needs could potentially harm your case and you could miss out on benefits you are entitled to. Finally, call us at Dumas & Sanclemente law.

    We will fight for your COMPensation → 1-844-400-COMP (2667).