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Car Accidents At Home

Car Accidents At Home 1 Personal Injury 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.

826 expressway modifications being made

826 Palmetto Expressway and I-75 Lane Closure and Construction Schedule 2019

 

Dade and Broward county roads are about to become a bit more confusing and request drivers to be more attentive to the road and the scheduled construction plans on the 826 Palmetto Expressway and I-75 throughout August 2019, while making room for a new Express Lane on the 826 Palmetto Expressway.

As auto accident attorneys with years of experience winning cases throughout South Florida, we know how important it is to constantly be aware of all new laws affecting drivers. We’ve put together a list below that outlines the lane closure dates and available detours provided by the Florida Deportment of Transportation (FDOT) to help you plan ahead and avoid potential hazards.

 

LANE CLOSURE SCHEDULE FOR DADE/BROWARD COUNTY ROUTES ON SR 826/PALMETTO EXPRESSWAY,  AND I-75:

 

August 8th , 11PM to August 9th 5AM

  • On I-75 two southbound outside lanes will be closed between NW 170 Street and SR 826/Palmetto Expressway.
  • On I-75 two northbound outside lanes will be closed between SR 826/Palmetto Expressway and NW 170 Street.

 

 August 8th , 9AM to August 9th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

August 8th  10PM to August 9th 5AM

  • On I-75 two southbound inside lanes will be closed at SR 826/Palmetto Expressway.

 

 August 8th  9PM to August 9th 5AM

  • On SR 826/Palmetto Expressway one northbound inside lane will be closed between West Flagler Street and NW 25 Street
  • On SR 826/Palmetto Expressway one southbound inside express lane will be closed at Okeechobee Road.

 

August 9th  9PM to August 12th 5AM

  • On SR 826/Palmetto Expressway, the entrance ramp from southbound I-75 and westbound SR 924/Gratigny Parkway will be closed.

Available Detours:

  • Take the northbound SR 826/Palmetto Expressway entrance ramp
  • Exit NW 154 Street westbound
  • Take the entrance ramp to SR 826/Palmetto Expressway

 

August 9th  10PM to August 10th 5AM

  • On West 20 Avenue one northbound lane north of West 44 Place will be closed.

 

August 12th  9AM to August 16th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

Stay alert when driving and especially through these areas.  Avoid any driver who is obviously not paying attention to the road. Never get into a car driven by someone who has been drinking and watch out for traffic from local bars and/or clubs. Steer clear of any driver who refuse to yield the right-of-way, don’t obey traffic signals, tailgate or pass improperly.

In the event you are involved in an accident, know what to do and your rights. With the help of an attorney, you can hold the guilty party responsible

Find out more about what to do after a car accident in South Floridatruck accident attorney law firm

 

Always remember that how you respond following an accident can be the difference between being properly compensated for all damages or potentially not obtaining what you deserve in terms of a financial settlement. Auto insurance companies deal with accident claims daily and the claims adjusters are obligated to the company and their client first. Always select a law firm that specializes in auto accidents with a solid track record of results for their injured clients to make the most impact to your claim. A skilled attorney can help you obtain compensation for medical bills, lost wages, and overall pain and suffering.

The South Florida Injury Law Firm is a trusted car accident law firm serving Dade, Broward and Palm Beach counties. We’re proud to provide each of our clients with high-quality legal representation. We’re committed to helping you receive the compensation that you deserve and owed. Helping you stay on the right track and safe on the road.

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Why Is the 4th of July Such a Dangerous Holiday for Florida Drivers?

Why Is the 4th of July Such a Dangerous Holiday for Florida Drivers?

July 4th tends to evoke backyard barbecues, poolside cocktails, and fireworks at dusk. We usually think of spending this holiday with family, and staying close to home. On the contrary, AAA pegs the fourth as one of their busiest days.

Did you know the average distance traveled on July 4th is 617 miles?

What’s more, analysis over a five-year study period shows the day is Florida drivers’ deadliest – just edging out New Year’s Day.

Knowing why the 4th of July is such a dangerous holiday could prevent you from becoming a statistic, so today we’re sharing some of the reasons for holiday crashes.

Florida’s Annual July 4th Crash Statistics

Florida ranks third, only behind Texas and California, for most fatal car crashes in the nation, according to the Insurance Institute for Highway Safety. More than three thousand deaths occur annually on the roadways across the state.

These are average statistics for the whole year. So, what seem to be the most common culprits over this holiday in particular? Let’s look at contributing factors for 4th of July accidents – both at home, and those we find more often out on the open road…

Fourth of July Car Crashes Close to Home in Florida

Besides the everyday distractions and issues one faces behind the wheel on Florida’s city streets, two primary causes stand out above the rest specifically on the 4th of July: road rage and drunk driving.

Road Rage

With so many more traveling than one would generally expect, clogged road arteries leave locals frustrated and angry. Road rage is proven to increase both your chances of getting into an accident and the severity of the crash if you do.

Focusing on another driver’s driving subtracts from calculating and judging the roadways. This can lead to speeding and other aggressive maneuvers like cutting off other drivers, tailgating, and driving between lanes.

Further, research shows 50 percent of drivers who start out as road rage victims become aggressors themselves. If you don’t anticipate a response from a fellow driver, you could be toast.

Drunk Driving

“It’s not that far.”

“I haven’t had that much to drink.”

While drunk driving is always one of the main contributors to fatal crash statistics across this state, on Independence Day there is a big uptick in justification for driving under the influence.

As a result, 40 percent of total vehicle fatalities over the holiday are due to driving drunk. This puts not only you at risk, but everyone else on the roadways you travel.

Wrecks on the Open Road in Florida

As we said, Florida roadtrippers abound over the Fourth, so what happens when you’ve traversed the inner-cities safely enough, and have finally made it out onto the open road?

Most accidents over long road trips in Florida can be chalked up to stranded motorists, and the fatigue that tends to creep in after hours on the road.

Stranded Motorists

An estimated 520,000 motorists are stranded in Florida over the Independence Day holiday on average. Flat tires, overheating, dead batteries, keys locked in cars – these are all common issues.

Regardless of the exact cause, motorists stranded on Florida’s rural roadways simply equate to more pedestrians outside of the car. More people on road shoulders lend to the increase in out-of-town car crashes.

Highway Hypnosis

Finally, we face the fatigue of trekking hundreds of miles, often for only a day or two of fun. Seems like a good idea when you set out, but often doesn’t feel that way a few hours in.

Fatigue can come in many forms, including highway hypnosis – a condition that typically gets bundled into drowsy driving, but it can actually occur without being sleepy. Flying down an otherwise mundane roadway – no turns, no traffic lights – your brain goes into autopilot.

South Florida Car Accident Attorneys

Ultimately, as safe as you can be personally, you can’t control other drivers on the road. If you do wind up in an accident this Independence Day holiday, first, seek medical attention. Then, reach out to your South Florida personal injury attorney to ensure you receive the attention you need.

 

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.

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

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

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?

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

 

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 2 Personal Injury 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.

Boca Raton Personal Injury Attorney

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.

Why So Many Floridians Suffer Falls on Halloween

Why So Many Floridians Suffer Falls on Halloween

Why So Many Floridians Suffer Falls on Halloween

Halloween is fun for kids and adults alike. Most of us have fond memories of trick-or-treating as children, and look forward to taking our own children out to load up on sweets. The fun for adults starts after the porch lights go out and Halloween parties begin. Unfortunately, both of these festivities increase the risk of injuries, including slips, trips, and falls.

 

So what causes Halloween fall injuries, and how can they be prevented? Moreover, if you are injured on someone else’s property, how can you take action?

 

What Causes Halloween Fall Injuries?

 

Fall injuries are common for trick-or-treaters and partiers alike due to a number of factors, most of which are preventable.

 

For both young and old, costumes can significantly increase the risk of falling. Costumes that drag on the ground can easily be tripped on or become caught on decorations. People also tend to wear ill-fitting footwear with costumes, which can increase the risk of tripping. Finally, masks impair visibility, which can lead to increased risk of tripping over objects or on stairs, especially in the dark.

 

Trick-or-treaters are also often caught up in the fun and excitement of festivities, so may be more likely to trip on hazards such as uneven sidewalks or poorly-lit stairs. Further, Halloween decorations may pose an additional fall hazard.

 

During adult festivities, alcohol intake may impair the coordination of party guests, making falls more likely. Slip and trip hazards such as spilled drinks and discarded cups are also common at parties.

 

Protecting Yourself and Your Trick-Or-Treaters

 

To reduce the risk of costume-related fall injuries, ensure that costumes and footwear are properly fitted, and avoid trailing costumes that drag on the ground. Face paint or makeup may be a safer alternative to masks, but if masks are worn, ensure that they have properly fitted eyeholes.

 

For trick-or-treating, encourage children to carry flashlights, and closely supervise younger kids. Don’t allow younger ones to approach poorly-lit houses, and if a house is crowded with other trick-or-treaters, consider coming back later.

 

If you’ll be partaking in adult festivities, be sure not to overindulge in alcohol, and have a plan ahead of time to avoid Halloween drunk driving.

 

Preventing Fall Injuries on Your Property

 

To prevent trick-or-treater fall injuries, ensure that your front yard and porch are well-lit, and that there aren’t any uneven patches of sidewalk. If you have steps on your porch or walkway, install torch lighting, or use lighting decorations to light the way. Also be sure that any decorations are kept clear of walkways.

 

South Florida Halloween Injuries

If you’ll be hosting a party, check your house for slip, trip, and fall hazards ahead of time. During the festivities, make sure that any spills or debris are quickly cleaned up. If guests have begun to overindulge, politely encourage them to switch over to water.

 

If You Suffer an Injury

 

Most of the time when we trip and fall, we dust ourselves off and have a laugh at our own expense. However, fall injuries can also be quite serious, and are in fact are the third leading cause of unintentional death in the US.

 

Property owners are responsible for the safety of any guests invited onto their property, and for preventing unsafe conditions that could lead to injuries. If you or a loved one suffers an injury due to unsafe conditions, the property owner should be held liable for this negligence.

 

A personal injury attorney can advise as to whether seeking damages is appropriate for your case, and help you get the compensation you deserve for your injuries. Get in touch as soon as possible.

 

 

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 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.

 

5 Steps to Take When Negotiating a Bad Faith Insurance Claim

5 Steps to Take When Negotiating a Bad Faith Insurance Claim

5 Steps to Take When Negotiating a Bad Faith Insurance Claim

Getting denied by your insurance company can be extremely frustrating. You pay insurance so that when you need medical treatment, you can get reimbursed!

 

If your insurer is refusing to reimburse you for something you believe they should be responsible for, don’t just sit and stew over it. Insurers who refuse to pay out for medical expenses covered under the policy may be acting an unlawful manner and subject to a “bad faith” lawsuit.

 

What Is a Bad Faith Insurance Claim?

 

When an insurance company is negligent or performs unlawfully during your settlement, it is typically referred to as a case of “bad faith.” Insurance companies have a duty to negotiate in good faith with their clients. Failing to do so requires legal action and consequences.

 

But claims of bad faith don’t just arise from individuals who do not get the settlement they want. There are a few different reasons an insurance company may be sued for bad faith, including:

 

  • The claim is not thoroughly investigated
  • The claim is denied without a proper investigation
  • The claim is not paid within a reasonable time frame
  • The settlement is not negotiated or communicated within a reasonable time frame
  • The claim is denied without a reasonable explanation
  • There are no negotiations to settle the claim
  • The policy limits are not disclosed to the client

 

If you believe your insurance company is acting in bad faith, take the following steps:

 

Boca Raton Bad Faith Insurance Claim

Document the Claim. Before you take any action, collect and request all documentation concerning the claim’s denial. Who did you talk to? When did they deny your claim? What was their reasoning? Have they missed any calls or ignored any of your attempts to communicate? Include as many details of your correspondence as you can. This information will be important throughout the entire process of negotiating this claim.

 

Speak to a Supervisor. Up until this point, you have probably only been speaking with the adjuster who is handling your claim. The next time that you speak to your adjuster, ask to talk to their supervisor or someone in a higher position at the insurance company. Alert the supervisor of the situation and ask what can be done to receive a reasonable settlement for your claim.

 

At this point in the process, you should mention that you plan on filing a claim of bad faith. Often, notifying an insurer about a claim of bad faith is enough to get the company to negotiate with you and find a reasonable settlement.

 

Put It in Writing. If mentioning a bad faith claim over the phone does not prompt any swift action, be sure to put your intentions in writing. These letters are typically taken more seriously than a spoken intention. In this letter, you should express your concerns, detail the settlement that was offered, discuss the proper settlement you are asking for, and include any other reasons why you suspect the company is acting in bad faith. Let the insurance company know where you are in the process of filing a lawsuit, or the date you plan to take legal action if a settlement is not negotiated.

 

File a Lawsuit. Because the mere mention of a bad faith claim can quickly drive a successful negotiation, these cases rarely make it to the courtroom. If they do get to court, however, they’re not easy to win.

 

Be prepared with proper documentation, and any information on Florida law that supports your suspicions that the company is acting in bad faith. If it is found that the company is indeed acting in bad faith, the judge may require the insurance company to pay damages and court costs on top of the original compensation that you had asked for.

 

If you feel that it is necessary, you may still file a lawsuit after your settlement has been negotiated. In this lawsuit, you can ask for the damages that were acquired while your insurance company was acting in bad faith and not providing a proper settlement.

 

Boca Raton Personal Injury Lawyer

Contact Your Lawyer. This is not the final step – throughout the entire process of negotiating a bad faith claim, you should be in contact with a personal injury lawyer who has experience working with bad faith claims. Your lawyer will help you move through Florida’s insurance laws to negotiate your claim and obtain a reasonable settlement from your insurance company.

 

If you believe your insurance company has been acting in bad faith and would like to take action, reach out to us immediately for a free case review.

 

Boca Raton Personal Injury Attorney

Personal Injury? Why You Should Hire The South Florida Injury Law Firm

You might think that Florida personal injury lawyers are a dime a dozen. But while there are certainly a lot of us in the Sunshine State, it’s a lot harder to find an experienced, knowledgeable professional you’re willing to trust with your future.

 

At The South Florida Injury Law Firm, it is our mission to make sure Floridians get the settlement they deserve and that the liable parties are brought to justice. Whether you’ve been injured in a car accident, on a cruise, at work, because you used a faulty product or prescription drug, or any other scenario involving negligence, you deserve to be compensated for your injuries and your pain and suffering. Just as importantly, the responsible people or businesses should be held accountable for their actions so that others won’t be harmed in the same way.

 

With over 100 years of combined legal experience, our lawyers have successfully handled every possible type of personal injury case. This is important, because when you choose The South Florida Injury Law Firm, you know your case will be in qualified hands.

 

We Have the Experience You Need for Great Results. Our lawyers have distinct backgrounds that have prepared them with the skills necessary to get you your rightful compensation. We have a former public defender who can use that knowledge to your case’s advantage. One of our attorneys formerly worked for insurance companies, which means we know the best strategy and tactics to beat them at their own game. And we have accident lawyers who have exclusively practiced injury law and have been successfully helping victims since the beginning of their careers.

 

We Will Give Your Case the Attention It Deserves. Every personal injury claim is different. While you want an attorney who has experience with similar cases, you also want someone who will listen to the particular facts of your case and give you personalized attention and suggestions. Since we are a mid-sized law firm, we can give both you and your case our dedicated attention.

 

We Know Florida Injury Law. Besides attention, The South Florida Injury Law Firm will also provide an in-depth understanding of Florida injury law and how things work in Florida overall. We have been representing injury victims in Florida for decades, so we know what will work for your case for the best possible outcome. Our knowledgeable injury attorneys will be able to decipher the nuances of your case and build an effective strategy to ensure you will be well compensated for your damages.

 

South Florida Work INjury Lawyers

Honesty is Our Best Policy for Injury Claims

 

When you hire The South Florida Injury Law Firm as your attorneys, you can be sure that we will always be honest with you. We will give you an honest review of your case and tell you which factors will work in your favor and which factors might hinder your case’s outcome. We will also tell you what we believe your case is worth and how we can help you get the settlement you need to be able to return to your regular life.

 

For 25 years, we have been Florida residents’ go-to personal injury law firm. We have a proven track record of success, and would be honored to add you and your case to that ever-growing list. If you have been wrongfully injured and want to recover damages in order to move on from this emotional and stressful time, contact our experienced and dedicated accident attorneys today.

 

 

5 Reasons to Hire a Personal Injury Attorney

5 Reasons to Hire a Personal Injury Attorney

5 Reasons to Hire a Personal Injury Attorney

Imagine you’ve been in an accident where you were injured due to someone else’s negligence. Now you’re stuck dealing with insurance companies who are clearly trying to lowball you with a pay out that doesn’t even begin to cover the cost of your recovery.

 

You know you’re going to be dealing with this for days and months to come, repeatedly calling insurance adjusters, dealing with doctors, and generally just feeling helpless. You’re missing work, and you’re starting to stress. Regardless of what kind of negligence led to your injury, you have the right to fair and just compensation. A skilled personal injury attorney can help you in a number of ways.

 

Evaluation. The best personal injury attorneys are really good at what they do, and they know when something should be pursued further and when to let it go. If you’ve recently been in an accident or injured on the job or a specific property, fill out a case review form to see if your insurance claim deserves more attention. This can help with a lot of stress and can cut down on wasted time and money if nothing is going to come of the claim. Injuries happen, but a personal injury attorney will tell you if a claim is truly worth considering.

 

Insurance. As mentioned above, sometimes insurance claims and payments can be difficult and frustrating. In some cases, insurers act in bad faith and you may never see a dime, and in others you are not paid what you’re rightfully owed. A personal injury attorney can make sure that you file your claim properly, and they will deal with the insurance companies in your stead so you can focus on getting better. The people who earn the largest settlements after an injury are those who are represented by a personal injury attorney, but if you’re unable to win your case most personal injury attorneys do not charge fees unless they earn you a settlement.

 

Mediation. Often times, you will only request an attorney well after your injury occurs. In this case, you will probably believe that the insurance company, or whichever establishment was involved in your injury, owes you restitution. When you bring in a personal injury attorney, this allows further discussions on payment, restitution, and opens the door for mediation and alternatives to meeting in court. Odds are the insurance agency or other involved organization has their own lawyers, and you will be on an “even playing field” with your own personal injury attorney working for you.

 

Boca Raton Personal Injury Lawyer

Court Case. If your case does have to go to court, it is definitely ideal to hire a personal injury attorney. He or she will know to work within court standards, will be familiar with how to deal with a jury (if there is one), and will be able to present your case in a much more professional manner. Self-representing injury cases very rarely make it to court, and if they do, they almost never win.

 

Stress. While many people may be concerned about the costs associated with hiring a personal injury attorney, odds are that the cost is greatly outweighed by the benefits. Not only will you have an expert handling your personal injury case who will have won countless cases like this before – you’ll have someone else handling it period. When you hire an attorney, it becomes his or her job to work through the details and obstacles that arise, rather than having it all placed on you while you attempt to heal, work, and deal with everyday life.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.