Category: Firm News

Seeking compensation for a car crash that was not your fault is not as simple as it seems. Beyond the physical injuries and damages, the aftermath of a car accident may leave you with significant financial strain. When insurance companies refuse to pay a fair settlement, you can seek a personal injury lawsuit to pursue what you believe your case is worth.

Understanding the legal process can help you prepare for what lies ahead.

About Florida’s no-fault law

Florida operates under a no-fault system, wherein victims seek recovery from their own insurance provider after a car accident, regardless of who caused the collision. To avoid potential complications with a claim, promptly reporting the incident to the insurance company is best. Following an investigation, the insurer will typically extend a settlement offer that covers a portion, not all, of the incurred medical bills and lost wages.

Often, the initial offer is not enough to fully address a victim’s financial losses, necessitating a claim with the at-fault driver’s insurance carrier. However, these insurance companies tend to negotiate a lower payout.

If your injuries are serious or permanently disabling, scarring, or disfiguring and you find the settlement offer unsatisfactory, you might consider filing a lawsuit. However, this complex and lengthy process can take months to conclude. Engaging the help of a competent attorney is usually advisable.

Filing a Personal Injury Lawsuit After a Car Crash

In Florida, you have four years from the date of the accident to initiate a lawsuit. Missing the deadline may forfeit your right to sue.

Should you proceed with a lawsuit, the first stage you will encounter is the discovery phase. Both parties collect and request evidence to support their claims during this stage. Evidence typically includes medical records, police reports, witness statements, and other relevant documents crucial for demonstrating the extent of damages and establishing fault.

Settlement negotiations may occur even before trial starts, with many cases reaching an agreement to save on time and resources. If you still cannot reach an agreement, your case will go to trial. Here, a judge and jury will hear arguments from both sides and determine the compensation.

Pursuing a car accident lawsuit is a chance to pursue the compensation you deserve, but it is not without its challenges. Quick action and thorough preparation are crucial to navigating a lawsuit successfully. A skilled personal injury attorney can help steer you in the right direction.

It is easy to minimize your injuries after a vehicle crash, what with all the other concerns you have to deal with simultaneously. But apart from your car, you should also have yourself checked. Even if you feel fine, seeking medical assistance right after an accident offers benefits beyond ensuring you are well.

Delayed symptoms are common after a car crash

Many vehicle accident victims only start to experience delayed symptoms after days or weeks have passed. They may have also aggravated their injuries by failing to seek medical attention earlier.

Treating injuries way after an accident happens is not only expensive but can also be frustrating, knowing that it was not your fault. However, because you took too long to go to a doctor, it is possible that you will not be able to hold the driver who caused your injuries liable.

Visits to the doctor serve as proof of injury

The sooner you go to the doctor after an accident, the easier it will be to demonstrate that the accident was the cause of injury. The at-fault motorist’s insurance provider will make every effort to avoid paying you or to pay you less than you are entitled to. If you wait too long before obtaining medical treatment, they may blame your injuries on anything else other than their client.

Similarly, if you wish to take legal action to recover the cost of your damages and medical expenses, putting off treatment will make it very difficult to establish that the other motorist was to blame. The court may determine that your injuries are not as severe as you claim since you did not feel the need to seek medical assistance right away.

After an accident, some people avoid medical attention because they either downplay their injuries or are afraid of being told the truth about the severity of their injuries. However, doing so has no benefit. Instead, you would be endangering your health and losing any claim you have to sue. Knowing about your injuries sooner is preferable to paying much more expensive bills later on because they have gotten worse.

How Many Car Accident Can Cause Big Problems

When we think of a serious car accident, most people think of high-speed collisions, trucking wrecks, and rollovers. Most people do not think of fender benders, rear end collisions, or sideswipes. This is why after a minor collision the participants may decide to not call the police or not get medically evaluated. Other individuals may believe that a minor pain or ache at the scene of a car accident is nothing more than a temporary inconvenience. While this is sometimes true, our Tampa Bay car accident lawyers at Dumas & Sanclemente know this is not always the case.

Yes, minor car accidents can cause very serious personal injuries. Sometimes these injuries are not immediately obvious and can take days, weeks, or months to manifest themselves. Unfortunately, victims who have not taken the crash seriously may have a difficult road to both recovery and a successful claim under Florida law.

Common Examples of Minor Car Accidents in Florida

There are many ways that a minor car accident could be caused by the reckless or careless actions of another driver. Sometimes the inconvenience is just a dent or abrasion of a vehicle panel, while other times it is a temporary headache. But there are instances where even a minor, low-impact collision could cause big problems for victims.

Some of the most common examples of minor crashes that could cause big injuries to include the following:

• Sideswipe accidentsthat ricochet off and do not cause a direct impact, but still a violent rocking movement
• Rear end collisionsthat cause a person’s head to whip back-and-forth violently causing whiplash or even a more serious traumatic brain injury known as a coup-contrecoup injury
• Parking lot accidentstypically result in one vehicle’s momentum being struck by a vehicle going in another direction
• Striking a pedestrianeven at a low speed could break bones and propel a victim into the pavement
• Backing out crashes when another vehicle is backed into and a victim is not expecting the collision or bracing for impact
• T-bone collisionsare always dangerous even at a low speed because the heavy front end (engine block) of one vehicle is colliding into the thin side panel of another vehicle
• Motorcycle taps or bicyclist tapscould also be devastating because even a minor tap could launch a rider off a bike and into the pavement, and
• Other types of collisions could appear minor but cause disabling injuries.

Common Injuries in Minor Collisions

Our Tampa Bay car accident lawyers know that even minor collisions could result in serious injuries. The two most common injuries in minor collisions could all result in debilitating surgery and permanent disability or range of motion restrictions. These three injuries include the following:

Brachial Plexus Injuries

The brachial plexus is a complex network of nerves that originates from your cervical spine (neck vertebrae) and extends to your shoulder girdle then down to your fingertips. These nerves can be injured in even a minor collision because of the way a seatbelt can pull and yank at the shoulder girdle. This could cause nerves in the neck or below the shoulder to stretch and even tear. As a result, victims could lose sensation or motor function either temporarily or permanently. This decrease could be minor, moderate, severe, or a complete loss of sensation or function.

Whiplash Injuries

A violent back-and-forth motion of the head and neck is called whiplash. This is a type of soft tissue injury that can cause damage to the nerves, muscles, tendons, ligaments, and other tissues around the spinal column and at the base of the head. Some injuries can cause impingement on nerves that result in excruciating pain in the neck or back.

Other types of whiplash injuries can actually occur inside the skull when the brain violently slides forwards and backward. This is because the brain is suspended in cerebral spinal fluid to cushion a powerful impact, but it can also cause the brain to move and strike the inside of the hard skull causing damage. This type of injury is known as a coup-contrecoup brain injury and can be very dangerous because it could increase intracranial pressure that could result in a permanent brain injury.

Injuries to Children in Minor Collisions

Even if you believed that a collision was minor, if you have children in the vehicle it could be another story for them. Even low-speed or low-impact collisions could be significantly more devastating for children. Although their bones are generally considered more flexible than adults, children are susceptible to soft tissue or nerve injuries like brachial plexus injuries. Children could also have damage to growth plates or other parts of their body that rattle around during a collision which could result in significant, long-term damages.

Injured in a Minor Collision in Tampa Bay? We Can Help

There is no such thing as a minor collision when a person is physically injured. But insurance adjusters will do everything in their power to further minimize the force of the collision to undervalue your damages claim. At Dumas & Sanclemente, we will not let that happen. Learn how our Tampa Bay car accident lawyers can fight back to protect your rights under Florida law by dialing [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] to schedule your FREE case review. You could also use our message box at the bottom of our contact us page available here.

Injured by a Drunk Driver in Florida? Here is What You Need to Do to Protect Your Claim

Drunk driving is one of the most avoidable types of motor vehicle accidents in the United States, if not the world. However, our Tampa Bay car accident lawyers know that drunk driving is still one of the most common causes of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), over 10,000 people die each year in the United States due to drunk drivers. Right here in the sunshine state, Florida Highway Safety and Motor Vehicles (FLHSMV) statistics reveal that approximately 7,700 people are injured each year due to drunk drivers. Of those injured, 378 victims tragically pass away and another 425 individuals are permanently incapacitated.

Here at Dumas & Sanclemente, we have built our firm around representing victims who have been seriously injured in auto accidents due to the negligence of another driver. When it comes to drunk driving, there may be no more reckless, careless, or negligent way of causing serious personal injuries to innocent people. These injuries affect not just the victims, but the entire family. If you or a loved one were seriously injured in a drunk driving accident in Tampa Bay or anywhere else in Florida, ask us how we can help you today.

Steps to Take After an Accident with a Drunk Driver

There are certain steps that you need to take to both protect your claim, but also to protect yourself and others on the roadways. These steps can help ensure that you recover the maximum amount of compensation that you may be entitled to under Florida law, while also doing your part to keep our roads safe.

Always Call Police, No Matter How Minor You Think the Crash Was

If you are involved in a motor vehicle collision with a motorist who you suspect is intoxicated, always call the police. Even if it was a minor accident and you do not think anyone was hurt, still call the police.

Not only is this creating a record of the accident to support your claim if injuries develop later, but drunk driving is illegal under Florida law and you would be summoning police to remove a dangerous driver who could potentially cause another accident after yours.

Never Negotiate or Argue With a Drunk Driver

If you suspect the other driver is intoxicated, do not try to reason with them. Just call the police and wait in your vehicle with the doors locked. Do not try to negotiate with an intoxicated driver who may try to “buy” your conscience to not call the police. Sometimes this is an effort to hide other illegal activities that could put you or others in jeopardy. This driver is already proven to be dangerous and could cause worse injuries to another person.

This also means never argue with an intoxicated driver. In fact, once the police are summoned it may even make sense to just agree with the other driver to keep him or her calm and non-violent. Do not escalate the situation any more than it already is.

Discreetly Take Photographs or Videos

Not only should you take photographs or videos of the damage to your vehicle, traffic signs or markings, injuries, and other damage, but also try to discreetly take photographs or videos of the other driver that may be intoxicated. Having visual evidence of intoxication such as slurring words or falling over can support your claim. However, if this is agitating the other driver stop immediately or keep recording with the phone in your pocket only for audio. Above all, be safe.

Get License Plate Information and Other Identifying Marks on the Vehicle

Intoxicated individuals are prone to doing erratic things, and that may mean a drunk driver will try to flee the scene. Make sure to get the license plate and any other identifying marks of the vehicle and driver to track him or her down later when the police arrive.

Get Evaluated at the Scene, and Get Transported if Recommended

Never play hero at an accident. You may feel fine, but if first responders are recommending that you go to the hospital for treatment or further evaluation, then you should go. This could not only save your life, but also helps to create a record for your claim and document your injuries related to the crash. Make sure to be detailed and explain anything that hurts, even a minor backache, side pain, or a headache. These injuries could quickly become worse over the next few days and may even require surgical intervention in the future.

Call an Experienced Tampa Bay Car Accident Lawyer 

Here at Dumas & Sanclemente, we know that drunk drivers are a serious problem on our roadways. They threaten us and our families by making clearly negligent choices to drive. Even though driving while under the influence or ability impaired is illegal, far too many drivers still do it. The only thing worse than this is that insurance companies fiercely advocate to defend and protect these dangerous drivers.

We think this is wrong. If you or your family were seriously injured due to a drunk driver in Tampa Bay or anywhere else in Florida, call us for a free consultation to learn how we can help protect your rights to compensation under the law. We will not stop until every drunk driver is held responsible for the damages they caused to innocent people. Learn how we can help you today by dialing (844) 400-2667 to schedule your FREE case evaluation or by using our convenient and easy-to-use message box at the bottom of our contact us page available here.

Tampa Bay Ridesharing Accident Lawyers Explain What to Do After Getting Injured in an Uber/Lyft

The advent of ridesharing apps like Uber and Lyft have made travel from one place to another in Florida more convenient. It has also made travel much safer by providing cheaper and more accessible options to get home after a night out with friends or colleagues. This is particularly true of younger generations who are more tech-friendly and apt to be out enjoying some of the Tampa Bay area’s night entertainment. However, while ridesharing has many benefits, our Tampa Bay car accident lawyers know that ridesharing apps also have some drawbacks. According to research from the University of Chicago and Rice University, ridesharing services have increased traffic deaths by 2%-3% in the United States since 2011. This equates to as many as 1,100 additional fatalities a year. While that may not sound like a lot, insurance statistics reveal that Florida is already the third-highest state in traffic fatalities with almost 3,200 wrongful deaths annually.

Unfortunately, Florida ridesharing accidents not only increase the risk of wrongful death or injury but also the difficulty in handling these types of cases. That is because Uber, Lyft, and other ridesharing companies are not set up like a taxi company. Drivers are considered to be independent contractors rather than employees, meaning that the employer may not automatically be vicariously liable for the actions of their employees (known as respondent superior). Insurance companies know this and typically point fingers between the ridesharing company, the driver, and even back to the victim. Do not let this happen. Call the ridesharing accident lawyers at Dumas & Sanclemente to help with your motor vehicle accident in Florida.

Steps to Take After a Ridesharing Accident

There are some steps that should be taken before and after a ridesharing accident to ensure that a victim and his or her family recover the compensation that they need for medical bills, lost wages, future lost earnings, loss of consortium, and of course pain and suffering. Taking these steps will not guarantee success in your case, but it will greatly increase the likelihood that you will have a stronger claim than if you did not follow these steps.

Before Getting into the Ridesharing Vehicle

Since ridesharing accidents are not like other types of motor vehicle crashes due to the complex matrix of parties and liability, victims need to protect themselves because they cannot expect the insurance companies to play fair. This starts before you even get into the vehicle. Some important steps to take include the following:

1. Ensure the driver’s photo matches the driver who is picking you up. Some drivers may not be able to get an account but could use a friend or family member’s ridesharing account and vehicle. This is dangerous for several reasons because you do not know this individual, the ridesharing app does not either, and there may be reasons why the ridesharing app denied the application of the driver (i.e., suspended license). Also confirm the picture matches the person picking you up.
2. Confirm the license plate on the app to the license plate on the vehicle.
3. Keep the app open and active the entire time. Ridesharing apps will deny all coverage and responsibility if the ridesharing app is not active. If you are in an Uber or Lyft and your app unexpectedly freezes or closes out, this could be a ground that the ridesharing app will use to deny coverage.
4. Ensure your phone has sufficient battery life for the duration of the ride.

After a Ridesharing Accident

If you have been involved in a ridesharing accident, stay calm. Take these steps to protect your life and your claim:

1. Call 911 and attend to the immediate medical care of you or another in the vehicle. This includes first aid until help can arrive to take over. Do not delay in calling for help and be clear to ask for an ambulance if someone is hurt.
2. Tell first responders and police what happened. Be sure to explain and be clear that you were actively in a ridesharing app at the time of the accident and insist that this is put into the police report.
3. Gather information or ask the police to if you are too injured. This includes the insurance information of the ridesharing driver, and any supplemental insurance information that the driver may have with Uber or Lyft. Also make sure to get the insurance information of any other vehicle involved in the collision. Even if it may appear that it was not the other motorist’s fault, liability can be very tricky. Leave that determination up to a Tampa Bay ridesharing accident lawyer.
4. Take photographs and videos of the scene and injuries, including all debris fields, traffic markings, and points of impact on vehicles. If you do not have the ability to take photographs or videos, make sure to take down notes.
5. Take a screenshot of your ridesharing status. This is super important because if the ridesharing app tries to claim that you were not actively in a ride, they will try to disclaim. But if you take a screenshot of the screen demonstrating the ride is still ongoing, and even better of the geographic/map location which matches the accident location, that will be irrefutable evidence of the collision.
6. Collect witness information from others that may have witnessed the crash from another vehicle, home, or pedestrian. Make sure to have two forms of contact (cell phone and email or address), and get a full name. This can be important to support your claim.
7. Contact a Tampa Bay ridesharing accident lawyer as soon as you can to protect your rights.

Call Dumas & Sanclemente for Ridesharing Accidents in Tampa Bay

Unlike other types of motor vehicle accidents, ridesharing accidents have layers of liability protection for companies like Uber and Lyft. These companies also have some of the largest insurance companies and law firms representing them. This is why it is imperative to hire a ridesharing accident law firm like Dumas & Sanclemente to protect your rights to compensation after a negligent rideshare driver or other motorist harms you.

Uber accidents and Lyft accidents are not normal types of car accidents, and the law on these types of cases is rapidly evolving and not well-settled. Call us today for a free consultation to learn how we can help you by dialing (844) 400-2667 to schedule your FREE case evaluation. You could also send us an email by using our message box at the bottom of our contact us page available here.

Protecting Your Rights in Florida: Steps to Take After a Rear End Car Accident in Tampa Bay

One of the most common types of motor vehicle crashes is a rear end car accident. This is when the frontend of one vehicle collides with the backend of a vehicle ahead of it. While most rear end collisions are nuisance fender benders, unfortunately some rear end collisions can result in serious personal injuries. What is worse is that many personal injuries from rear end accidents are soft tissue injuries that can take days, weeks, or even months to manifest themselves. This means that a victim may not immediately complain of the injury after a crash and the injury may not be documented until it is far enough from the collision that an insurance adjuster or defense lawyer will claim that it is not related. Our Tampa Bay rear end car accident lawyers have seen this scenario way too often.

This is why our lawyers at Dumas & Sanclemente want you to learn how to protect your rights to a claim after a rear end car accident in Florida. This is especially true if you do not believe you have suffered any personal injuries after a collision. Insurance companies train their adjusters how to minimize, undervalue, and outwards deny certain types of claims and rear end collisions are typically very defensible if injuries are not immediate. Learn what to do after a rear end car accident in Florida.

First Step is Understanding the Law

The first thing you should know about a rear end collision is that the following vehicle which hits from behind is usually at fault. There is even a presumption of that liability under Florida law. The relevant statute of Florida Statute section 316.0895 which governs “following too closely,” and provides under subsection (1) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.” Therefore, if a defendant hits you from behind it is likely this statute has been violated and it is very difficult for a defendant to escape liability.

Liability Can Be Automatic in Certain Instances

If a defendant rear ends your vehicle and causes personal injuries, it is likely that the defendant will be found automatically liable under the doctrine of negligence per se. This legal doctrine allows a plaintiff to hold a defendant liable where the following elements are met:

1. the defendant violated a statute
2. the statute was meant to protect the class of persons that the plaintiff was in (i.e., another motorist), and
3. the statute was meant to protect the plaintiff from the particular harm that occurred (i.e., injuries from a motor vehicle crash).

This is in addition to the common law principle of negligence, which is another viable cause of action or claim against a defendant. This principle requires all motorists to exercise reasonable care under the circumstances in the use or operation of their motor vehicle. A driver who rear ends another vehicle for following too closely is not operating a vehicle with reasonable care. While liability here is not automatic, it is still difficult to overcome.

How Insurance Adjusters Could Trick You

There are some defenses to rear ending another vehicle to escape liability or shift blame back to the plaintiff. And insurance adjusters know all of them and will try to get you to admit to each of them, sometimes right in order from a list. While you should not be talking to an insurance adjuster or defense lawyer without first hiring a Tampa Bay car accident lawyer, sometimes in particularly bad cases the insurance adjuster will reach out to you—sometimes even in the hospital—to pretend to be your friend, get incriminating statements, or even try to get you to settle for way less. Do not fall for that.

The most common defenses an insurance adjuster may try to get you to accept include the following:

• Slammed on the brakes
• Late directional signal to turn
• Avoiding an animal
• Braking or maneuvering to avoid a pothole or roadway damage
• Avoiding a pedestrian or cyclists
• Mechanical failure of your vehicle
• In a chain pileup, that you hit the vehicle in front of you too (which means you were following too closely or that it was impossible for the defendant behind you to stop), and
• Other tricky defenses.

Step Two is to Always Get the Accident Reported to Police

Whenever you are involved in a motor vehicle accident that is more than a little bumper tap, you should call the police. Whether or not you are injured, it needs to be reported to law enforcement. This allows for the creation of an official record of the accident, the parties involved, and the date and time. Police accident reports also allow you to indicate injuries. At this time if you have any minor pains or aches, even if vaguely, report it to responding officers. This creates a record of your injuries related to the crash.

Third Step is to Get Evaluated or Go to Your Doctor for Treatment

Even if you do not think you have been injured, any minor pain needs to be addressed and documented by a healthcare provider. This is particularly true of any head injury. Even a minor headache could be the early signs of a deadly brain bleed, disabling concussion, or other catastrophic traumatic brain injuries (TBI). Even if you do not believe your head injury is serious, know that brain injuries can occur even if you do not hit your head and can slowly worsen due to chemical changes in the brain (due to an impact or injury to the head).

Other types of soft tissue injuries like neck pain, back pain, and some forms of shoulder or hip pain could be very minor and slowly become disabling. But in a matter of weeks a victim may be unable to move, sit up comfortably, or use the joint. In some instances, a cervical fusion or lumbar fusion may be necessary to stop debilitating pain. These are very serious and life-changing surgeries that result in permanent disability and range of motion restrictions. And if you do not have it documented with your physician, an insurance adjuster or defense lawyer will argue that it is not causally related to the accident. Sometimes a judge or jury could believe it too, which could really hurt your case.

Final Step is to Contact a Tampa Bay Rear End Car Accident Lawyer

Before you begin to negotiate a claim or try to handle a claim on your own with a well-trained insurance adjuster, who is often supported by a defense lawyer, know that hiring a lawyer is easier and not as expensive as you may think. This is because great personal injury law firms like Dumas & Sanclemente accept cases on a contingency fee agreement. This means that do not get paid until we win your case, and we only get paid a percentage of what we recover for you plus reimburse for ligations costs (mailing, photocopying, expert fees). There is no upfront financial cost to hiring our law firm, and no out-of-pocket risk to owe us any money.

We also offer free consultations to review your case against the law and advise you whether you have a valid claim under Florida law. If you or a loved one have been injured in a rear end car accident in Tampa Bay or anywhere else in Florida, pick up the phone and call us today by dialing (844) 400-2667 to schedule your FREE case evaluation. You could also send us an email by using our message box at the bottom of our contact us page available here.

Understanding Florida Insurance: Why You Need UM Coverage Before an Accident in Florida

Florida law requires all motorists to maintain a minimum amount of auto insurance in order to operate a vehicle on our roadways. This includes a minimum of $10,000 for personal injury protection (PIP) and $10,000 for property damage liability (PDL) for each vehicle. But considering that motor vehicle accidents are the most common cause of spinal cord injuries and the average first-year costs are over $375,000 for a minor spinal cord injury and almost $1.2 million for a severe quadriplegia injury, the minimum requirements are simply inadequate. Our Tampa Bay car accident lawyers know that just the ambulance and emergency department visit could cost more than $10,000 for generalized injuries, let alone if a victim suffered broken bones, organ injuries, nerve damage, and other personal injuries.

Fortunately, there are some ways for victims and their families to protect themselves from overburdening financial damages after a Florida car accident. This includes purchasing uninsured motorist (UM) or underinsured motorist (UIM) insurance policies to protect you and your family. But unfortunately, far too many people do not obtain this type of supplemental auto insurance just to save money on monthly premiums. Our Tampa Bay car accident lawyers want you to know that this could be a big mistake in ensuring that you recover the compensation you need after an unexpected and catastrophic accident in Florida.

What is UM/UIM Insurance?

There are two types of additional insurance policies or riders to policies that a motorist could obtain. Sometimes they are grouped together as supplement underinsurance motorist coverage (SUM), or collectively as (UM).

The first component is uninsured motorist coverage, referenced above as UM. This type of coverage protects a motorist from damages due to another driver who does not have valid auto insurance and is otherwise uninsured at the time of the car accident.

The second component is underinsured motorist coverage (UIM). This type of coverage adds higher coverage if the PIP or other bodily injury liability (BIL) is insufficient to cover your damages.

The important aspect of both UM and UIM, usually collectively referenced as UM, is that it is “inwards facing.” Meaning that whatever policy you take out with your insurance carrier is only meant to cover you and your family. An UM policy does not cover other motorists outside your vehicle that may be injured and seek compensation; that would be a BIL or umbrella policy for liability. This means that consumers should feel better knowing that their monthly premiums are being paid towards their own benefit if they ever need UM coverage in the future.

When Might I Use UM Coverage?

There are generally three scenarios when you may need to utilize UM coverage. The three common scenarios include the following:

Hit and Run Accidents – if you have been hit by another motorist who flees the scene and you are unable to find them or their insurance, your UM coverage may cover you for your losses.

No Insurance – if the defendant’s insurance lapsed, either accidentally or intentionally, your UM coverage may cover your losses due to a gap in the defendant’s coverage.

Excessive or Catastrophic Injuries – if you have suffered catastrophic injuries such as a traumatic brain injury, spinal cord injury, amputation, nerve damage, organ injury, blindness, or other serious and disabling damages, your UM/UIM may cover the gap in coverage between the existing policy and the amount of the UM/UIM coverage.

How Much UM Coverage to Get?

Like all types of insurance policies, the higher the coverage the higher the premium. It is recommended that motorists carry at least $100,000 to $200,000 in UM coverage, but ideally up to $400,000 or $500,000 if financially possible. This will insure that you and your family are covered if a defendant either fails to have auto insurance or fails to have a high enough policy to cover your damages.

Injured in a Tampa Bay Car Accident With An Uninsured or Underinsured Motorist? Ask Our Lawyers for a FREE Case Review What to Do Next

The adage is that an ounce of prevention is worth a pound of cure. That cannot be more true than it is with auto insurance. It is vital to ensure that you and your family are well-protected in the event that a reckless or careless driver harms you and either has no insurance, too little insurance, or flees the scene. But if this has happened to you, call our Tampa Bay car accident lawyers at Dumas & Sanclemente to learn how we can help protect your rights to compensation under Florida law.

Our law firm offers free consultations, contingency fee agreements (meaning we do not get paid until you get paid), and we cover the upfront costs and disbursements of litigation which are only reimbursed if we win your case. Get started with our firm by calling (844) 400-2667 to schedule your FREE case evaluation or send us an email by using our message box at the bottom of our contact us page available here.

Tampa Bay Slip and Fall Lawyers Explain When You May Have a Claim for Compensation in Florida

Many people do not consider a fall to be as catastrophic as a motor vehicle accident, but that is not necessarily true. In fact, according to the Center for Disease Control (CDC) falls are the leading cause of traumatic brain injuries (TBIs) in adults over the age of 65 and children 17 years and younger. Falls are also the second most common cause of spinal cord injuries. According to the World Health Organization (WHO), falls are the second leading cause of accidental or unintentional injury deaths in the world. Our Tampa Bay slip and fall lawyers have seen this first hand by handling many cases involving serious or catastrophic personal injuries, including wrongful death. Many of these injuries and deaths are preventable but caused by the reckless, careless, and negligent actions of another person, business, or municipal entity.

Not only are many slip and falls avoidable, but unfortunately many victims do not realize that they have a valid slip and fall case entitling them to compensation under Florida law. Rather, far too many victims blame themselves for a slip and fall accident on a wet floor, broken tile, or a slipped product on the ground. This could not be further from the truth. Anytime you have fallen on the property of another person, ask our Tampa Bay slip and fall lawyers at Dumas & Sanclemente for a FREE case evaluation to learn what your rights to compensation may be under the law.

Common Examples of Slip and Falls Where it May be a Landowner’s Fault (Not Yours)

A slip and fall case is a type of premises liability action, meaning a case that involves the use or occupancy of land. There are many different types of causes of slip and falls, but some of the most common in Florida include the following:

• Spilled products
• Holes in the ground
• Leaky AC units
• Wet cruise ship decks
• Leaking refrigeration units
• Food on the floor
• Broken curbs
• Uneven ground
• Excessive floor wax or soap use
• Debris or dirt on the ground
• Painted wood stairs without friction strips
• Poorly lit walkways and stairwells
• Tree roots lifting walkways
• Unsafe pool decks, and
• Many other common causes

Florida Law Regarding Slip and Falls

Under Florida law, all property owners, managers, and possessors must maintain their premises in a reasonably safe condition to avoid unnecessary harm to foreseeable entrants. This creates a flexible standard of care that depends on the class of entrant onto the property. Business owners are generally held to a higher standard because they invite individuals onto their property for the purchasing of goods and services. This includes places like grocery stores, department stores, and restaurants.

The next highest standard of care is owed to social guests who are coming onto the property of another for non-business related reasons. This includes guests into your home for a get-together, party, or it could extend to others just walking a dog on an adjacent sidewalk.

Finally, the lowest standard of care is owed to trespassers. The duty here is to ensure not to artificially cause intentional harm to a foreseeable trespasser. This could be placing animal traps in an area known to be a shortcut taken by children.

What if I was Partially at Fault?

Even if you believe you may have caused your own accident, you still may be entitled to compensation. Florida is a comparative fault state. This means the proportional amount of fault by the plaintiff is used to offset the total damages award. For example, if you recover $200,000 but were 10% at fault, your award would be reduced by $20,000 to a total recovery of $180,000.

Comparative fault is also a tricky subject that only a trained lawyer and jurist should evaluate. Therefore, do not try to gauge what your comparative fault is under the law. Let one of our lawyers evaluate your case for FREE and fight for your rights under Florida law to ensure you recover the maximum amount of compensation that you may be entitled to.

Elements of a Slip and Fall Case in Florida

In order to prove a slip and fall case in Florida, statutory law (made by the Legislature) and common law (judge-made law through written opinions and decisions) require that a victim must establish that 1) there was a dangerous or hazardous defect, 2) the defendant had notice of the defect, and 3) the defendant had a reasonable period of time to fix it.

The most contested element is usually notice. In order to prove notice, a victim must establish either one of the following:

• Creation – the defendant created the defect that was dangerous, defective, or otherwise hazardous including against building code
• Actual notice – the defendant was told about the defect or knew of its presence (i.e., walked by the spill and did not pick it up)
• Constructive notice – the defect existed on the ground for a sufficient period of time to inspect the premises, discover the defect, and repair or clean it (i.e., a jar spilled on the ground 2 hours before a slip and fall)
• Reoccurring condition – the defect habitually appeared when a certain condition occurred (i.e., the roof leaked on the floor every time it rained)

A victim only needs to establish one type of notice, but often times many different types of notice can be established in a case.

Do I Need to Prove the Elements “Beyond a Reasonable Doubt?”

Most people know about the “beyond a reasonable doubt” standard that dominates TV, movies, and the news. This is a burden of proof, also known as a burden of persuasion, that is required to be shown in order to win a case. The “beyond a reasonable doubt” burden requires proof establishing a claim by a very high 98% to 100% certainty.

Luckily, in civil negligence actions like a slip and fall case a victim only needs to establish a claim by a “preponderance of the evidence.” This requires a victim to establish that it is more likely than not that the victim’s case is true, which is a 51% certainty.

While this is certainly better for a victim than the “beyond a reasonable doubt” standard, that does not mean victims can handle a slip and fall claim by themselves without a lawyer. Or that victims and their families could use just any type of lawyer. This is because the law allows a defendant to just prove a defense by 50% or more, making it easy for a defense lawyer or insurance adjuster to argue against a victim’s compensation. This is why victims need to hire an experienced Tampa Bay slip and fall lawyer to protect their rights to compensation under the law.

Call Our Tampa Bay Slip and Fall Lawyers for Help Today

If you were injured on the property of another person, call Dumas & Sanclemente for a FREE case evaluation to learn what your rights to content may be under Florida law. We will not let an overzealous defense lawyer or aggressive insurance adjuster deny your claim and right to compensation. Fight back with our compassionate staff and experienced lawyers to ensure you recover compensation for medical bills, lost wages, loss of consortium, and your pain and suffering due to a slip and fall accident in Tampa Bay or anywhere else in Florida. Call (844) 400-2667 to schedule your case evaluation or send us an email by using our message box at the bottom of our contact us page available here.

Important Steps to Take After a Florida Car Accident to Protect Your Rights

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.

Learn the Signs of When You Need to Hire a Personal Injury Attorney to Protect Your Rights in Tampa Bay

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.