I’ve Been Hurt In An Auto Accident! Do I Have A Personal Injury Case?
A personal injury case is a civil lawsuit brought by you for injuries you sustained against the person or company that has been negligent. This allows you to be compensated for your medical bills, lost income, pain and suffering, and costs as a result of the accident. Before you contact a lawyer to file a claim you should be able to answer yes to one or more of the following:
Did I suffer a personal injury? This includes physically, mentally, or emotionally.
Was I injured because of someone’s or an entity's negligence?
Do you have damages from the accident that can be recovered financially? These include:
○ Lost wages
○ Medical bills
○ Physical pain and emotional suffering due to your injuries
○ Diminished quality of life
○ Future earnings and medical bills
○ Loss of companionship
What Does “Negligence” Mean?
In Florida, negligence is when the person or entity, as a result of their actions or even lack of action, causes an injury to another person that could have been avoided. Florida law defines negligence as a failure to act with a level of care that a reasonable... ...read full post
How Liability Is Determined In Florida And Beyond
In the state of Florida, fault is one of the most important aspects to any personal injury case. Whether it’s in regards to a slip and fall injury, or injuries sustained in a motor vehicle accident, fault determines who can receive compensation after a loss. The determination of fault can also make a difference in how much money is awarded for injuries sustained.
Percentage Of Liability
It’s not always easy to decide fault in a loss when liability falls in a gray area. Sometimes, multiple people can be held responsible for an incident. In some circumstances, even the injured party can be held partially responsible. The term comparative negligence means that it is possible for more than one party to be at fault when injuries occur as a result of an accident or incident.
Since 1973, Florida has been known as one of the 12 states that fall under a comparative fault system. This means that whatever the amount someone is found negligent in an incident, the recovered compensation will be limited by that amount.
For example, if you are involved in an auto accident with... ...read full post
How Do I Prove Liability In A Car Accident?
In most vehicle accidents, it has to be determined who is at fault, also known as who is liable for the accident. It may seem pretty clear cut to you that the other driver was at fault, but the state of Florida uses a comparative fault system to determine liability. Comparative fault assigns a percentage of liability to each driver and that is used to determine the compensation. In order to get the maximum amount that you are owed after an accident, you not only have to prove liability. You will also have to prove how most, if not all, of the fault lies with the other driver.
How Do I Prove The Other Driver Is At Fault?
It is very important that you prove the other person is liable for the accident. This is where a lawyer is vital. Fault is usually determined by insurance adjusters who have their company’s interests to consider and will try to assign as much fault to you as they can knowing they can pay less. In order to prove the... ...read full post
Getting Fair Compensation For Pain And Suffering
After an accident, dealing with injuries can put you on a long and difficult road to recovery. Broken bones, lacerations, burns, and other physical injuries can take months, sometimes years, years to heal. Physical ailments are tough enough to deal with, but what about the injuries that go beyond the physical?
What Does Pain And Suffering Mean?
Pain and suffering is a term that many people have heard of, but not everyone understands. Pain and suffering relates to the way an accident affects your quality of life. It can relate to the psychological trauma that occurs after the accident, such as anxiety, insomnia, fear, or depression. It can also relate to the stress and mental anguish that you feel as you try to rehabilitate from your physical injuries.
Pain and suffering compensation is different than the compensation you receive for medical bills and lost wages. It’s compensation for the loss of comfort and happiness that you would have had if the accident had not occurred.
Start With Medical Treatment
The most important thing that you can do after a car accident is to seek immediate medical treatment. Your... ...read full post
Five Most Common Causes Of Semi-Truck Accidents
Auto accidents involving a semi-truck are particularly devastating because of the sheer size of the vehicles. The average semi-truck is 57 feet long and weighs 80,000 lbs, when the average car only weighs around 4,000 lbs. When you get hit by a semi-truck, it can cause a lot of damage to your vehicle and put you at risk for really severe injury. What’s worse is that filing a claim to get compensation for your damages is more complicated because the laws around trucking accidents are more complicated.
What Causes Trucking Accidents?
The following are the five biggest causes of trucking accidents:
• Distracted Driving: Distracted driving is the number one cause for all motor vehicle accidents in the United States including trucking accidents.
• Poor Vehicle Maintenance: Commercial trucks can drive thousands of miles in a day. That creates a lot of wear and tear on the vehicle. If the vehicle is not properly maintained, it can cause a mechanical issue that ultimately causes an accident.
• Mechanical Failure: Like all motor vehicles, trucks can have mechanical issues. Their breaks can malfunction, their steering wheel can lock, or they can... ...read full post