covid 19 coronavirus broward attorney

COVID-19 Action on Accident and Insurance Legal Claims

by Personal InjuryPersonal Injury ClaimsSurgeryTechnologyTraumatic Brain InjuryVacation Injuries

At The South Florida Injury Law Firm, we stand in support of the many brave men and women working in our hospitals, as well as our first responders fighting against COVID-19. We are taking care of our clients, our employees and our families and are doing whatever we can during these unprecedented times.

 

 

In order to help you through this trying time, we’ve put together some information on commonly asked COVID-19 legal questions:

 

Should I Get Medical Treatment During This Pandemic?

Yes. The most important thing to do after an auto accident is to obtain proper medical treatment. Your health is most important, and we want to ensure your concerns are safely addressed. In both Dade and Broward County, all medical practices are expected to follow proper health procedures to prevent the spread of disease

 

How do I file my car insurance claim during the new Coronavirus outbreak?

When filing a claim during this time, there is a very good chance you will have to meet with an adjuster virtually, instead of in person. In some cases, it may be that compensation for damage to your car, medical bills, and more may be delayed, since several insurance companies are struggling to adjust and appropriately deal with the virus. That being said, you can have peace of mind knowing that our experienced team at the South Florida Injury Law Firm will represent your interests every step of the way to help ensure you receive the compensation you need to get back on your feet again.

 

 

How can I contact my car insurance company during the COVID-19 outbreak?

Many businesses, including insurance companies, are now working remotely and are not going into their offices, which means that if you want to speak with your insurance company, you will most likely have to do so either over the phone, on their website/mobile app, or through email. Unfortunately, certain aspects surrounding the claims process may also be delayed, since local body shops and other businesses associated with car accident claims are now, for the most part, closed to the public.

 

 

Should I Settle My Case?

For many of you, you are the family worried about how they will pay their bills while in quarantine. This may cause you to accept the first offer from the insurance company without considering whether it’s enough.

Don’t let panic and desperation coerce you into accepting the insurance company’s first offer. They’re looking out for them and you should speak to your attorney who is looking out for you.

 

 

Do Not Delay Your Personal Injury Case Because Of COVID-19

Even with any roadblocks that could be encountered along the way, if you wait until after this crisis passes to call us a delay in hiring an attorney could hurt your case. Even a few days of delay in starting treatment can significantly reduce case value.

 

We Can Handle Your Case Remotely, Thus Reducing Your Exposure To The Coronavirus

The team at the South Florida Injury Law Firm all take calls from injured clients 24/7, 365 days a year and located in Fort Lauderdale, Florida. We’re happy to speak with you by phone, and not have to worry about going to another public place, risking germ exposure.  However, if you have the need, one of our  personal injury lawyers can visit you in your home or, if necessary, in the hospital. To contact an accident lawyer, you can call The South Florida Injury Law Firm anytime at 954.764.7377 – seven days a week, 24 hours a day. Or fill out the convenient online form for a free case evaluation. Remember, the consultation is free and you will owe nothing until recovery of benefits is made.

We understand how significantly the virus has impacted our nation and others, which is why it is crucial you stay calm, stay inside, and practice good hygiene until the virus is eliminated.

south florida covid19 injury law firm

Living Through The Consequences of the Coronavirus Epidemic

by Personal InjuryPersonal Injury ClaimsSurgeryTechnologyTraumatic Brain InjuryVacation Injuries

The Coronavirus (COVID-19) pandemic has completely changed the way of life for people all over this country. The court system has been dramatically affected, and those with ongoing personal injury lawsuits are having to make adjustments. COVID-19 is bringing numerous businesses, healthcare facilities, and court systems to a standstill. From a legal standpoint, the coronavirus will present both short term and long-term complications to personal injury claims.

 

 

There are so many unknowns with the current situation. Never before have we been faced with a pandemic of this magnitude. Every aspect of our lives is impacted. And the legal process and institutions are no exception.

 

At The South Florida Injury Law Firm, we are closely monitoring the effects of COVID-19 and monitoring how the virus is affecting our current cases. Accordingly, we are advising our clients on how best to stay on track with their medical treatments throughout the coming weeks.

 

 

 

How Does The COVID-19 Pandemic Affect My Personal Injury Lawsuit?

Our personal injury lawyers know several elements of your case could be affected by the pandemic, but the most important things to know are: You should not delay seeking medical treatment or consulting with an attorney. These are the quickest ways to jeopardize your health and reduce the value of your claim.

 

To help stay on track with your personal injury case, we recommend:

Continue medical treatment, if possible.

With many closures, appointments are likely to be canceled. Elective surgeries are canceled. If your medical provider can provide treatment or appointments through telemedical, and you can meet with your provider though video conference or phone, do so. If not, it’s important to be diligent in rescheduling any appointments that may be canceled. If you can receive medical treatment, we recommend following the advice and recommendations from the CDC and practice social distancing, frequent handwashing, and other precautions.

Keep your legal team Informed.

As appointments get canceled or rescheduled, it is important to keep your lawyer up to date on your treatment plans. Your case and its value can depend on continued treatment.

 

 

Living Through The Consequences of the Coronavirus Epidemic 1 Personal Injury Claims South Florida Injury Law FirmThe vast majority of personal injury cases are settled before they go to trial. However, the COVID-19 pandemic will also affect the negotiation and settlement process. Due to staying at home orders and social distancing efforts, most aspects of case preparation could be altered or delayed. This includes investigation, seeking witnesses, and taking depositions, and more.

This is an unprecedented time for Florida and the rest of the United States, but that will not stop our dedicated team of attorneys from working to obtain compensation for personal injury victims.

  • If you are involved in an auto accident or suffer a personal injury, it is important to keep receiving your doctor-recommended medical treatment or therapy. We understand that many people are hesitant to receive treatment at an emergency room or local hospital during the coronavirus pandemic.
  • If you are involved in an auto accident that results in injuries, you must not wait to receive medical treatment. If you wait until this crisis has lessened, it may be too late to receive appropriate medical care,  your insurance company may not pay and could jeopardize the compensation you would otherwise be entitled to for your injuries.

We understand that this is a difficult time for you and your family. Rest assured that we will continue to monitor every case we take. This includes keeping track of court deadlines and court closures.

spring break car accident tips

Tips To Protect Yourself From A Spring Break Accident in South Florida

by Auto AccidentsNo-Fault LawsPersonal InjuryPersonal Injury Claims

 

Every year between late February and early April, traffic fatalities rise in certain areas of the country.

Why? What’s happening?

 

Two words: spring break.

 

Those findings are from a new study that illustrates the spike in deadly auto accidents specific to “spring break destinations.

 

  • Traffic fatality rates in these areas during this time rise significantly for
    • Drivers under the age of 25
    • Among those who travel from other states
  • No increases are noted for areas that are not destinations for spring break

 

 

Below, we’re going to detail how Florida personal injury claims work if you are hurt in a spring break car crash.

 

Filing a Florida Claim after a Spring Break Car Crash

 

If you’re injured in an auto accident, the first thing you need to do isn’t file a claim, but seek medical care. Not only is this a good way to make sure your injuries get taken care of and that you aren’t hurt more than you realize, it increases your chances of winning compensation as well.

Your medical record will be a key piece of evidence in proving that the crash caused your injuries and that you deserve compensation for your medical expenses.

Next, your best course of action is to consult with a knowledgeable Florida injury attorney. He or she will be able to evaluate your case, and will make sure that you adhere to and understand the process.

 

Some important things to know:

 

  • Florida’s Injury Statute of Limitations.
    Under Florida law, you must file an injury lawsuit no more than four years from the date of the accident. File outside of that timeline and your case will likely be dismissed.
  • Florida’s Pure Comparative Negligence Rule.
    When discussing your possible compensation amounts with a personal injury lawyer, it’s important to know that the amount may be adjusted according to the pure comparative negligence rule. This rule says that winning plaintiffs will receive compensation for their injuries according to their percentage of fault in the accident.

 

Filing a Florida Claim after a Spring Break Car Crash

 

For example, if a drunk driver hit you and caused your injuries, but you were speeding at the time of the accident, the court may determine that you are 30 percent at fault for the accident. This means that any compensation you receive will only be 70 percent of the awarded total. If your total award is $100,000, you will be eligible to receive $70,000 due to the 30 percent reduction under the pure comparative negligence rule.

 

  • Florida’s No-Fault Car Insurance Law.
    In the majority of traffic accidents, each driver’s insurance company will be responsible for up to $10,000 in various expenses like medical bills and lost income – no matter who is at fault for the accident.

 

It is only when serious injuries occur that you can sue for additional damages. The requirements include the following types of injuries resulting from a car crash:

 

  • Significant or permanent bodily function loss
  • Significant or permanent disfigurement or scarring
  • Permanent injury

 

A skilled attorney will know if your injuries meet the serious injury threshold, and therefore will be eligible for greater compensation.

 

  • Damage Limits in Florida Personal Injury Lawsuits.
    In car accident lawsuits, Florida courts set limits on the amount that can be compensated for punitive damages, which often apply to non-economic damages like pain and suffering.

 

You can file for the greater of either triple the amount of damages or $500,000. This normally applies only to extreme cases where the behavior of the driver was exceptionally reckless or dangerous.

 

How a Florida Personal Injury Attorney Can Help You Fight Back

 

If you are hurt in a Florida spring break car crash due to another’s negligence, you shouldn’t be stuck with all the bills for a serious injury. Unfortunately, dealing with insurance companies is often a tough challenge, and you have additional hurdles if you were injured on a visit to Florida as so many spring breakers are.

 

firm-attorneys-injuyr law

 

A skilled Florida personal injury attorney can ease your burden in dealing with all of this and help you fight to get the compensation you deserve. Reach out today for a free case review. We will look over the details of your situation and let you know what options are available to you.

 

 

When your life has been turned upside down due to another’s negligence and you are drowning in bills and struggling to recover, you want to make sure you work with the best law firm you can find.

What is the difference between a high-quality injury firm and one that will only do the bare minimum? The people who work there. That is why The South Florida Injury Law Firm is made up of some of the most well-respected and successful injury attorneys around.

Our lawyers have more than 60 years of combined injury law experience, and they have handled just about every type of Florida injury case you can imagine. They are members of the Million Dollar Advocates Forum, an elite group of attorneys who have helped settle injury cases worth more than a million dollars. They have been named to Florida Trend’s Legal Elite. They are recognized by the Florida Workers’ Advocates group.

Perhaps even more importantly, they have received glowing reviews from clients – and they get results.

 

 

 

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

by Children Injuries & AccidentsConstruction AccidentsHurricane Property DamageInsurance ClaimsParking Lot AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury Law SuitPersonal Injury LawyerPremises LiabilityProperty DamageWork Related InjuriesWorkers CompWrongful Death

Crane Accidents and Construction Injuries 2 Personal Injury Claims South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents

 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights

Crane Accidents and Construction Injuries 4 Personal Injury Claims South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation

 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help

 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

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Car Accidents At Home

by Auto AccidentsAutomobile SafetyChildren Injuries & AccidentsMulti Car AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury LawyerProperty DamageWrongful Death

Car Accidents At Home 5 Personal Injury Claims South Florida Injury Law Firm

Car accidents can happen anywhere. Especially where you least expect it. Parking lots, driveways, parking garages, and drive-thrus are well-known for accident scenes.
Even your own living room.

 

On Wednesday, August 21st, an accident involving two cars ended up crashing into a Miami Gardens home. One of the drivers was air lifted to a nearby hospital.

The resident, who was inside his home at the time of the crash, stated:

“This isn’t the first time something like this has happened”

 

He’s right.  In just the last few months of 2019, there have been multiple car accidents in South Florida that have also caused damages to a home. In March, a driver smashed into a house in North Lauderdale in the middle of the day.  Another driver was hospitalized in April after crashing into a house in Lauderhill. Another driver attempting to avoid a collision drove straight into a Miami home in May.

 

Unfortunately, these instances are becoming too common throughout Dade, Broward and Palm Beach counties. It’s important to pay attention while on the road and arm yourself with knowledge, whether you’re the driver or passenger in a car accident or inside a home and have sustained damage or injuries from a car collision.

Know Your Rights

 

Under Florida Law, you may be entitled to monetary damages if you have been injured through the negligence or recklessness of another person. Damages may include reimbursement or compensation for:

 

  • Past and future medical costs
  • Home damage liabilities
  • Pain, suffering, and inconvenience
  • Lost wages or economic opportunities
  • Funeral expenses
  • Grief and suffering

 

A Personal Injury Case Begins Before You Leave the Scene of a Crash

 

While the circumstances behind each of these accidents are different, one fact holds true for all—the time immediately following the crash can be stressful and confusing.

 

Here are the seven most important things to do if you are involved in a South Florida auto accident.

 

  • Remain at the scene.
    If an accident has occurred, it is essential for you to remain at the scene. It is your legal obligation to stop if you collide with anything, even if you do not think there is any damage.
  • Prioritize safety.
    Take steps to ensure the safety of you, your passengers, and other drivers. If your vehicle is causing a major traffic obstruction, move it out of the road to a safe location and turn on hazard lights. Check for injuries and determine if anyone needs major care.
  • Contact the police.
    Even if the accident is minor, call the police. When cops arrive at the scene of the accident, request that a police report be filed and get the names and badge numbers of the cops involved.
  • Document information.
    Document as much information about the accident as you can while limiting discussion of the incident with the other driver.
  • Report the incident to your insurance company.
    Notify your insurance company as soon as possible. Many insurers have a policy that requires you to report the accident within a certain time frame in order for the incident to be covered.
  • Seek medical attention.
    Even if you do not notice any serious injuries at first, you should seek medical attention as soon as possible. This is particularly true if you notice any pain or strange effects in the aftermath of an accident, but it’s not uncommon to begin feeling more pain a day or two after a car collision, and you don’t want to wait that long if you can help it.
  • Consult with an auto accident attorney.
    Even if your case seems straightforward, it’s highly advised to consult with a car crash lawyer after an accident. Working with an attorney can improve your odds of obtaining the maximum amount of compensation. If a settlement cannot be reached, your attorney will be ready to take your case to court.

 

Find out more on what do after a car accident in South Florida

 

Help protect your friends and family by giving them the one essential tool they need to drive safely—knowledge.

 

Get The Help You Need

 

If you’ve been hurt in a vehicle accident in a parking lot, drive-thru, parking garage or inside a home where an accident has occurred, you may be eligible for compensation for your injuries. The South Florida Auto Accident and Personal Injury Lawyers understand your needs and dedicated to helping their clients get the maximum compensation for medical bills, lost wages, and pain and suffering.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

by Personal InjuryPersonal Injury ClaimsPersonal Injury Law Suit

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

If you have recently suffered a personal injury and are currently considering filing a claim, you are likely asking yourself whether the effort will be worth your time. Frankly, the answer to that question depends on what the incident has cost you.

In a personal injury case, when a judge or jury finds there is a person or company legally responsible for the incident, and subsequently, your injury, monetary damages can be awarded to you.

There are four general ways personal injury damages within a claim will be classified, and in this post, we will share information about each category and provide examples for each of them.

This is by no means an exhaustive list of examples within each category of damages, and an experienced Florida personal injury lawyer will be able to help you understand the best way for you to financially recover from your personal claim.

Economic or Special Damages

These are the actual costs of medical treatment, estimated future medical expenses, lost earnings, future lost earnings, property damage, or other out-of-pocket expenses.

The medical portion of damages should include every expense that the plaintiff has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be. These amounts alone can add up quickly, especially in cases in which a plaintiff has become permanently disabled and is in need of adaptive devices or lifelong nursing care.

Lost wages calculations will usually factor both work the plaintiff had to miss due to treatment (whether it was paid or unpaid time off) and work that will likely be missed in the future. Further, when a plaintiff has become permanently unable to work – or their capacity to work has been permanently reduced – lost wages over their lifetime may be calculated into the award.

Non-economic or General Damages

These are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium (companionship of husband, wife, or partner), or loss of enjoyment of life.

Pain and Suffering is one form of general damages which juries tend to award generously. Often responsible parties (and their insurers) are inclined to offer a settlement to avoid this. During the settlement process, insurance companies typically employ a “pain multiplier” strategy in order to arrive at a fair and reasonable number which involves the total of actual financial losses multiplied by a number the insurer deems appropriate, usually between 1.5 and 5.

Emotional distress is often related to pain and suffering damages, but is usually a bit more difficult to prove. Psychiatric records and medical diagnoses of post traumatic stress disorder are a couple of ways you can provide evidence.

Loss of companionship or consortium is another one that can be tied closely to pain and suffering. These damages are sought when an injury has significantly altered the relationship between the victim and family member(s) or when a wrongful death has occurred, which means the complete loss of the relationship.

The previous two categories of damages are considered “compensatory” – or compensation for damages incurred through the case injury. But there are also two additional types of damages that are usually utilized by the courts to maximize the effects the proceedings may have on the defendant, specifically as it pertains to the deterrence of future similar actions.

Punitive Damages

These are specifically designed to punish the defendant for grossly negligent or particularly egregious actions, and are awarded at the discretion of the court. Often the judge wishes to make an example of the defendant, and feels compensatory damages aren’t enough to deter the offender or others from the same actions in the future. Another situation in which punitive damages may be awarded is if a judge does not believe that the other damages amount to a reasonable punishment.

Treble Damages

Treble damages are similar to the way an insurer might come to a settlement number, but these damages are determined by the court, as well. Under special circumstances, when the court rules in your favor, you may be awarded up to three times the amount of certain damages.

One scenario is that the offender must have knowingly and deliberately committed the acts. Another would be a case where the defendant violated the public good – excessive or repeated drunk driving charges which finally result in a fatality, for instance.

Fort Lauderdale Personal Injury Law Suit

Additionally, when a defendant explicitly requests this type of award up front in the initial lawsuit, and can clearly establish intentional malice, judges and juries will deliberate on the request very seriously. In most cases, treble damages are awarded when punitive damages are not involved in the suit.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

My Brakes Went Out and I Crashed – Who's Responsible in FL?

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

by Auto AccidentsPersonal InjuryPersonal Injury Claims

My Brakes Went Out and I Crashed – Who's Responsible in FL?

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective.  If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

South Florida Car Accident Claims

 Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Hurt on Vacation in Florida - What to Do Next to Protect Yourself

Hurt on Vacation in Florida? What to Do Next to Protect Yourself

by Personal InjuryPersonal Injury ClaimsPersonal Injury LawyerVacation Injuries

 

Most seasoned travelers have at least one crazy story of a mishap or injury that occurred while traveling. Unfortunately, vacation injuries and illnesses are relatively common, and they are particularly difficult to deal with in an unfamiliar place.

If you are injured on vacation, you may be forced to cancel the rest of your vacation, and could even be left with debilitating injuries. Fortunately, you can mitigate these risks by being aware of common causes of vacation injuries, and by knowing what to do in the event of an injury.

Below we discuss common causes of vacation injuries and how to avoid them, as well as how to protect your rights if you are injured.

Injury Risks Floridians Face While on Vacation

When vacationing, you are in an unfamiliar locale, possibly with other tourists from all over the world. Vacationers also tend to let their guard down to relax, and may also indulge in alcohol. These factors lead to an increased risk of accidents, and also make tourists an ideal target for criminals looking to take advantage of the situation.

Below are just some of the most common injuries and accidents people experience on vacation.

Car Accidents. Car accidents are the leading cause of death among healthy travelers. The Centers for Disease Control estimates that as many as 25,000 tourists worldwide are killed in car accidents annually, and many more are seriously injured. Car accidents become more likely on vacation because you’re driving in an unfamiliar place, and may be unaware of local driving laws and practices.

To decrease the risk of car accidents, use ridesharing services whenever possible. That way the driving is taken care of, and there’s also no need to worry about parking. If you do drive, be sure to pay full attention to the road – let your spouse answer the ever-present “Are we there yet?” coming from the back seat.

Slips, Trips and Falls. Thousands of people are admitted to U.S. emergency rooms annually due to slip, trip, and fall injuries, which can be quite severe. Slip, trip, and fall injuries are more likely while on vacation because you’re in an unfamiliar place, and due to hazards such as poorly maintained beaches, slick spills in restaurants and hotels, poorly maintained flooring, or uneven carpeting.

Illnesses. When you’re traveling, you’re coming in contact with other tourists from all over the country and world, so are likely to be exposed to all kinds of nasty bugs. This is especially true on cruise ships, where travelers are living in close quarters, and typically enjoy buffet-style meals. Cruise ships are particularly notorious for outbreaks of norovirus, especially if proper food safety and sanitation practices are not in place.

Hurt on Vacation in Florida? What to Do Next to Protect Yourself 6 Personal Injury Claims South Florida Injury Law Firm

To help avoid the risk of illness, make sure that you get the recommended immunizations before going, and are aware of hazards such as insect-borne illnesses endemic to the region. Finally, check the traveler’s health report for your destination before you leave.

Theft and Negligent Security. Unfortunately, tourists make easy targets for petty thieves and con artists. If your accommodations do not have appropriate security practices in place to mitigate hazards unique to the locale, these incidents become more likely.

What to Do if You’re Injured on Vacation in Florida

If you or a family member are injured on vacation, it’s important to take the right steps as soon as possible to ensure your family’s safety – and to protect your rights.

Notify. If you are hurt, notify the appropriate people as soon as possible. If you are injured in a place of business, notify an employee. If you get in a car accident or fall victim to crime, call the local authorities right away, and do not leave the scene of the incident if possible.

Document. Vacation accidents often happen in the blink of an eye, and may cause you to become flustered and miss crucial details. Fortunately, it’s much easier to document an accident in the era of smartphones. Take as many pictures as you can of the scene, your injuries, and any possible factors that could have contributed to the accident.

Collect information. Take down the contact information of witnesses or anyone involved in the incident. If you are injured in a place of business, ask the manager for their contact information. If you see a physician, be sure to collect their contact information as well, such that you can access your medical records later if needed.

Seek Medical Care. If you are injured, seek medical attention as soon as possible, even if you don’t feel that your injuries are severe. Adrenaline masks pain, so it’s likely that you’re hurt worse than you know. A physician can also look for injuries such as internal bleeding that may not be readily apparent at the scene of the accident. Seeking medical attention is also important in documenting your injuries.

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Seek Compensation if Appropriate. In many cases, vacation accidents and illnesses could have been prevented by appropriate safety precautions. If you are injured as the result of someone else’s negligence, consider holding them accountable by seeking compensation. Keep in mind that any lawsuits will be filed locally, so you will need to contact a local personal injury attorney. An experienced Florida injury lawyer will also be familiar with local liability laws.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

10 Mistakes That Could Ruin Your Personal Injury Case

10 Mistakes That Could Ruin Your Personal Injury Case

by Personal Injury Claims

10 Mistakes That Could Ruin Your Personal Injury Case
When you’ve just suffered injury in a traumatic auto accident, it’s understandable that you feel a little shaken, panicked, and perhaps even a bit disoriented. But how you conduct yourself after an accident is a huge determining factor in your ability to file a successful personal injury claim. Below, we’ve listed some of the most common mistakes injured parties make that can result in claims being denied or significantly reduced in value.

 

Failing to call the police. When another driver causes an accident, he or she may try to convince you not to call the police. However, a police accident report is vital to your personal injury case, since it’s one of the clearest ways to demonstrate that you were not at fault. Without it, the other driver may try to manipulate the truth when speaking to their insurance company in an attempt to appear not at fault. Even in Florida, which is a no-fault state, this can be important for an injury claim.

 

Failing to seek medical attention. Medical documentation is very important to your injury claim. It’s essential to seek medical treatment after an auto accident as soon as possible—even if you feel your injuries were minor. Oftentimes, car accident injuries don’t fully materialize for days or even weeks after the accident. If you wait too long to see a doctor, insurance companies may argue that you couldn’t have been hurt that seriously, and therefore don’t deserve compensation, or that your injuries were sustained in another way.

 

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Failing to be honest with your doctor. While visiting a doctor after your injury, make sure to answer his or her questions as honestly as possible. Don’t try to conceal any previous injuries or illnesses, which can both impact the quality of care you receive and harm your legal case. If you supply doctors with false or partial information, you give insurance companies grounds to have their opinions invalidated in court.

 

Missing doctor’s appointments. Your medical records can be accessed by both insurers and juries. Your records will contain information about any missed appointments, and this information can be used as evidence of your lack of commitment to recovery or the minor nature of your injuries.

 

Neglecting to take prescribed medications. Much like missing appointments, neglecting to take prescribed medications or follow your doctor’s advice can demonstrate a lack of commitment to recovery, and severely harm your claim.

 

Ending medical treatment prematurely. If you stop your medical treatment too early, insurance companies may argue that you must be completely recovered from the accident. Similarly, if there are large periods of times between your treatments, insurers may argue that you could have recovered from your initial injury and may now be seeking treatment for an unrelated injury. It’s a good idea to continue treatment until you are confident in your full recovery, or a doctor advises you to do so.

 

Posting sensitive information online. Insurance companies are likely to search the internet for information that can invalidate your claim. If you use Facebook, Twitter, or other social media sites, refrain from posting details or photos of your injuries or the accident online in status updates, comments, or blog entries. Remove previous posts that could limit your claim, such as a post on an old injury.

 

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Losing important documents and information. To help your case, it’s highly advisable to keep track of medical treatments, doctor’s orders, and work restrictions. If possible, take photographs of your visible injuries—including scars and bruises—and the damage to your vehicle at the scene of the accident. This information will be invaluable when evaluating your case with your lawyer.

 

Giving in to insurance companies. To dissuade you from getting an attorney, insurance company representatives may contact you to try and reach a settlement. Without an experienced and aggressive attorney helping you, insurers know they will be able to get away with paying you a substantially smaller settlement. Always remember that insurance companies are first and foremost a business, and their main goal is to secure maximum profit for their company by paying you as little as possible. Never give a statement or sign a document with an insurance company before speaking with a lawyer.

 

Waiting too long to contact a lawyer. Under Florida law, you only are allowed a brief window of time to file a personal injury claim. That’s why it’s of the utmost importance to consult with an experienced Florida auto accident attorney as soon as possible. Your attorney can help you evaluate the true value of your claim, and keep insurers from bullying you out of the compensation you deserve. With your attorney’s assistance, you can fight for your right to compensation for medical bills, lost wages, and overall pain and suffering.