There are 400,000 car accidents in Florida each year, earning the state has the dubious distinction of ranking near the top in the United States. According to the Florida Department of Highway Safety and Motor Vehicles, of the 400,000 accidents, 46,000—or 28 percent—result in personal injury. Over 9,000 accidents injure pedestrians. Florida averages a little over 1,000 car accidents a day; the potential for personal injury is high. Regardless of the high number of accidents and injuries in the state, dealing with the legalities of fighting for an injury settlement can be a tricky business.
The factors leading to accidents are many, including:
If you are injured in a car accident or if you have injured someone, there are basic steps you need to take immediately. Without them, you and even the best attorney will have a hard time proving your case. These steps include:
You’ve covered all the bases and believe your injury case is solid. Remember, the “other guy involved in the accident” has done the same. That’s when a personal injury attorney becomes invaluable—organizing and analyzing key evidence and records; employing a network of investigators and experts to support your case; and utilizing practiced negotiation skills to ensure the best legal outcome.
Attorneys look for available insurance coverage that exceeds what is being presented. There may be coverage that you have no idea existed. It can mean the difference between a small award and one in the thousands in settlement money.
“Pain and Injury” is another area factored into settlements. In Florida, it is generally calculated by a “multiplier method.” The economic damages are multiplied by a number 1 to 5 depending on the severity of the injury. It takes a good attorney to accurately factor pain and suffering into the final settlement equation.
Depending on case details, an attorney strives to achieve an out-of-court settlement through negotiation. Court trials can get messy; even solid evidence, if expertly refuted by an opposing attorney, can end up costing you the case. While you may not be all that astute about your best interests, smart attorneys have the wisdom and experience to know when a trial is appropriate and when out-of-court negotiations are the best way to go.
The average injury settlement in Florida is $15,000, lower than the average $18,500 in other states due to Florida’s no-fault insurance laws. No-fault significantly lowers out-of-pocket medical bills. Of course, severe disabling injuries suffered in a car accident can result in awards in the hundreds of thousands. One attorney reported that 75% of clients who had surgery as a result of a car accident received a settlement of $100,000 or more.
Each year, the Injury Assistance Law Firm helps hundreds of clients to get the settlements they deserve. If you live in the Orlando or Winter-Haven areas and think you have an injury claim, call us now. Our expert attorneys and their extensive legal experience are here to help.
In Orlando:
823 N Thornton Ave
Orlando, FL 32803
Call: 321-8781-8307
In Winter-Haven:
20 3rd Street S.W.
Suite 302
Winter Haven, Fl 33880
Call: 321-234-2900
email: [email protected]
When we think of brain injury, we think of a catastrophic medical event that too often leaves victims in a vegetative state. As brain injury attorneys know and understand, long-term care can cost thousands, but the emotional toll such injuries take on patients and their families is hard to measure in dollars. Still, when such a tragedy comes about as a result of negligence, monetary compensation is the only means of holding the responsible parties accountable.
According to statistics, a lifetime of care for a mild brain injury may cost over $85,000; a moderate TBI can cost $900,000. Severe brain injury and its long-term medical implications run as high as $3 million—most victims need the maximum allowed.
There are several types of brain injuries, trauma, and other conditions, including:
Not all of these conditions may be related to someone's negligence. However, you’d be surprised to learn how often they are: a physician’s misdiagnosis, carbon monoxide poisoning, the negligence of another driver, the product of an overzealous sports coach or organization, and an injury from an aggressive attack by another person.
Last year brain injury settlements ranged from 900,000 to 16,000,000. A rule of thumb is that intangible damages are calculated by multiplying the total amount of the tangible costs by 1.5 to 5 times, depending on the severity of your brain injury and the circumstances of your case.
Many times, intangible damages far exceed the actual cost of a traumatic brain injury. Only a good personal injury attorney can ensure that your pain and suffering, loss of consortium (social life), and mental anguish are accurately factored into your settlement. While each injury has a specific monetary value assigned to it, the full impact of the intangibles must be calculated into the final settlement figure.
Brain injury attorneys file the volumes of paperwork associated with a claim. They are also familiar with and can fight divisive insurance company tactics. It is the job of personal injury lawyers to ensure that all survivors receive the money needed to pay related bills and to continue their quality of life as usual.
Brain injuries and their medical aftermath can be difficult to prove. You need a lawyer well versed not only in the legal complexities of such suits but also one prepared for any counterarguments from attorneys employed by the medical community – the relentless teams of lawyers hired by insurance companies to defend against your claim.
The Injury Assistance Law Firm in Orlando and Winter-Garden, FL is ready to assist you in getting the best settlement, the one you deserve. You or your loved one have fought through a lot. Don’t let some well-paid insurance lawyer or any other factor deny you the compensation you deserve. You are entitled to it. A part of your life has been taken; the person or entity responsible must be held accountable.
In Orlando:
823 N Thornton Ave
Orlando, FL 32803
Call: 321-8781-8307
In Winter-Haven:
20 3rd Street S.W.
Suite 302
Winter Haven, Fl 33880
Call: 321-234-2900
email: [email protected]
www.injuryassistancelawfirm.com
Florida is the perfect state for bicycle riders year-round. Whether you depend on your bike to get you from place to place or just enjoy the activity itself, it is crucial to understand the risks of riding your bicycle. Thankfully, we have outlined everything you need to know if you ever find yourself in a bicycle accident, unsure of what to do.
If you are involved in a bicycle accident, the first thing you need to do is file a claim to your insurance company with the other party involved. If the other party involved was driving a motor vehicle, you might have to include an auto insurance policy. Sometimes, you will also be able to use your own auto insurance coverage (even if you were the one biking at the time of the accident).
Once a claim is open, an auto insurance adjuster will be assigned to the case. In the process, they will represent the insurance company's financial interests. So, they will most likely try to resolve the issue by giving you as little compensation as possible. Because of this, you must always be cautious and vigilant in taking notes while on the phone with them.
Because Florida is a no-fault state (regarding accident claims), it is your auto insurance's responsibility to handle your medical coverage. You may also file a legal negligence claim. You can still try to file a claim for 1% of damages, even if you were at fault for the other 99% of the damages.
Individuals suffering from injuries caused by bicycle accidents may request compensation for the damages. This compensation can include medical costs, pain and suffering, and loss of present or future wages. To limit the amount of money a single injured person can receive in a personal injury case, Florida enforces specific damage caps. While these caps do not apply to medical malpractice compensation, they are entirely implemented in punitive damages.
In Florida, the statute of limitations (or time limit) lasts for four years following the date you were injured. If the claim is filed against a public entity (the city, county, or state), there will be a 180-day investigatory period followed by a three-year statute of limitations. If any of these scenarios involve wrongful death, the statute of limitations is reduced to two years.
Always do the right thing, so that your case has a better chance at succeeding. If you make all the right choices, the amount you recover and the general outcome will look much better for you. To do so, you have to keep in mind that creating the strongest case begins as soon as the accident occurs. So, if you are involved in a bicycle accident, you must complete the following tasks:
It is essential to hold on to all the documents relating to your case. These documents can include any police reports, medical records, receipts, recorded statements, check stubs, payments, and any other relevant documents for your case.
If you or someone you know were involved in a bicycle accident and would like to speak with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
Florida is the 4th most populated state due to the sunny beaches and tourist attractions. It also is surrounded by vast bodies of water, making it a major international center for trade. Because of this, Florida’s roadways are filled with freight trucks used for importing and exporting goods.
Considering the number of trucks filling Florida's highways, locals are used to hearing news of truck collisions and accidents. Because of the nature of these accidents, they are almost impossible to predict; however, that doesn’t mean they can’t be prevented.
Thankfully, we've created a basic rundown of the essential information you should know if you or someone you love is involved in a truck accident in Florida. You must know your rights and the steps to follow once the accident occurs.
In addition to stopping and exchanging the necessary information with all parties involved, Florida state law requires that all capable drivers also provide "reasonable assistance" to anyone injured in the accident. So, if a person's injuries restrict them from exchanging their information with you, you are then required to contact law enforcement and report the accident. If you flee the scene without completing these steps, you could be charged with a third-degree felony. Even worse, you could face a second-degree felony if the other person's injuries are considered severe or serious.
For crashes that caused property damage, Florida law requires drivers to file a written crash report to the Department of Highway Safety and Motor Vehicles. Otherwise, law enforcement is required to report any other crashes involving commercial motor vehicles or any others resulting in inoperable vehicles, injury, or death. Therefore, every single truck accident in Florida will require a written report by law enforcement. Even if the truck accident doesn’t cause any property damage or injuries, the law still requires you to stay at the scene and report the accident to law enforcement.
However, it is important to note that state laws are always subject to change. If you are unsure of the current laws regarding your case, make sure to talk to a qualified, experienced attorney.
If you would like to discuss your truck accident with an experienced attorney, call The Injury Assistance HYPERLINK "https://www.injuryassistancelawfirm.com/"Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
Although motorcycle accidents don't necessarily occur more often than other types of accidents, they are, unfortunately, more likely to result in more severe injuries. Sometimes, motor vehicle accidents can also lead to death. According to the federal government, there were 35 times more deaths from motorcycle accidents than car accidents in 2006. Because of this alarming rate, motorcyclists should learn about these accidents' most common causes to reduce their risk of getting into an accident.
56% of motorcycle accident deaths involve the motorcycle and another vehicle. In 78% of these cases, the car crashes into the motorcycle from the front. In 5% of these, the car rear-ends the motorcycle. Unfortunately, head-on collisions are often fatal to motorcyclists.
The most dangerous position for a motorcycle to be in is passing a driver attempting to make a left-hand turn. These collisions make up 42% of all motorcycle-vehicle accidents. Most commonly, the car making a left-hand turn hits the motorcycle when the motorcycle is:
While left-hand turn collisions are common with regular cars, the small size of motorcycles increases the risk of serious injury. Drivers making left-hand turns have a harder time seeing the oncoming motorcycle. Drivers can all be surprised by motorcyclists attempting to overpass them in the same lane. Because they are harder to see, this maneuver puts the motorcyclist in great danger.
Most of the time, insurance companies and the court will find the driver making the left-hand turn at fault if they hit another vehicle. However, motorcyclists need to know that they may also be at fault for the accident. If they are found speeding or in the wrong lane, they may be liable for the accident as well. When this occurs, most states will give the motorcyclist less compensation for their injuries obtained during the accident; however, other states may revoke their right to any compensation at all (assuming the motorcyclist's behavior caused the incident).
Lane splitting is a term used to describe when a motorcyclist drives between two lanes to get ahead of stopped or slowed cars. This commonly leads to accidents because:
In this type of accident, the fault is determined by whether the state allows lane splitting, how the judge and police officer view lane splitting, and how the accident occurred due to the driver and motorcyclist's actions.
Speeding and alcohol use, unfortunately, cause frequent auto accidents. Even worse, roughly half of all accidents involving a single motorcycle also involve speeding and alcohol use. Because of a motorcycle's lack of protection for the rider, motorcycle accidents caused by speeding and alcohol often result in serious injury or death.
Motorcycles crashing into fixed objects account for about 25% of motorcycle deaths. The other statistics show that this rate is much higher than car crash deaths caused by colliding into fixed objects because motorcyclists are less protected. Often, motorcyclists are thrown far from their vehicle with no protection.
Motorcyclists are in greater danger when it comes to road hazards because their vehicles are smaller and more unstable than regular-sized cars. For example, slick pavement, potholes, dead animals, uneven roads, and other conditions are extremely dangerous for motorcycle riders to encounter.
High-performance motorcycles can be split into two categories: supersport motorcycles and sport motorcycles.
Supersport motorcycles are designed for racing platforms and later modified for use on highways. These models are considered high-speed due to their lightweight design. They can even go up to 160 mph. However, most supersport motorcycle owners are under 30, and it is proven that younger motorcycle riders are much less cautious and make riskier choices.
Sport motorcycles are similar to supersport motorcycles except, their power to weight ratio is decreased. Even more, most sport motorcycle riders are under the age of 24.
Most motorcycle owners and riders are about 40 years old or older. Because the riders of these high-performance motorcycles tend to be younger, the death rate for supersport motorcycle accidents is four times greater than conventional motorcycle accidents and two times greater in sport motorcycles.
Motorcyclists are at a much greater risk of severe and fatal accidents than drivers for various reasons. Yet, they can better protect themselves and those around them by learning about the risks and applying caution every time they ride. Motorcyclists should always ride with caution. This can include avoiding road hazards, resisting the want to speed, and taking extra precautions, in general.
If you would like to discuss your motorcycle accident with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
You need a permanent injury to be entitled to compensation for most (not all) car accident cases in Florida. This is stated in Florida's law as follows:
“In order to recover damages in tort against the owner or operator of a motor vehicle (with respect to which security has been provided as required by Florida Statutes ss 627.730-670.7405), the plaintiff may recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury, only if the injury consists of:
To receive any compensation for any losses or damages, you must first prove that the driver responsible for the accident was negligent. While you may have to sue other parties involved, roughly 95% of car crashes result from careless driving.
Compensation for suffering, mental anguish, inconvenience, and pain are known as non-economic damages. Unfortunately, in Florida, most motor vehicle accidents will only provide the plaintiff money if they suffer a permanent injury (or another injury listed above). This permanent injury requirement is also known as the tort threshold.
Fortunately, there are exceptions to the tort threshold. Whether you qualify for compensation may depend on the specific types of vehicles involved in the accident. More specifically, you may or may not get compensation depending on whether:
If you are involved in an accident and obtain "a permanent injury within a reasonable degree of medical probability," you would have the most common injury meeting the tort threshold requirement. No law in Florida defines a "permanent injury within a reasonable degree of medical probability." Instead, it is defined and established by testimony given by medical experts.
Therefore, you should see a treating doctor to determine whether your injuries would be considered permanent. In Florida, they will be able to present and explain their conclusions about your supposed "permanent injury" to a jury. If your auto accident requires that you have a permanent injury for compensation, then the jury will be granted the opportunity to award you any damages for pain and suffering once a medical expert confirms so. Also, chiropractors are qualified and allowed to determine whether an injury is permanent or not.
If you are trying to sue a driver in a Florida car collision, their insurance company may want to have your medical records reviewed by their medical expert. However, make sure to give your medical records to the claims adjuster immediately following so that they can set the appropriate reserve. Doing so will help the case settle sooner.
In most cases, the insurance company's chosen doctor will conclude that your injury is not permanent. This scenario is especially true in cases where the soft tissues, bulging discs, or herniated discs are the injuries at hand following a car accident. Unfortunately, this will decrease the value of your injury claim and may result in less compensation. In the end, the jury will have to decide whether they believe your doctor or the insurance company's doctor.
Do You Need a Permanent Injury in a Florida Lyft Accident?
Because Lyft's insurance policy has PIP coverage for both its passengers and drivers, you will most likely need a permanent injury to get money for pain and suffering if you are a Lyft passenger and the Lyft driver was at fault in the accident.
As a Lyft driver, you will most likely need a permanent injury in your claim against the other driver to receive compensation for pain and suffering (unless the driver was not required to have PIP coverage).
As a driver who was hit by a Lyft driver, you will likely need a permanent injury to receive compensation for pain and suffering (unless the other vehicle was not required to have PIP coverage).
If you would like to discuss your permanent injury lawsuit with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
Unfortunately, tourists visiting Florida often make illegal, last-minute turns and drive over the speed limit because they are unfamiliar with the area. Tourists often have places to be and attractions to see, causing them to drive recklessly at the expense of Florida locals’ safety. This behavior becomes troubling for Florida residents because they have to deal with congested roadways and dangerous drivers.
If you're unfamiliar with Florida's roads, you have a higher risk of being involved in a car accident. You have to be aware of your surroundings and consider the safety of everyone around you. Therefore, it is essential to be aware of the most common causes of accidents in Florida so that you can do your best to prevent more.
Florida is filled with various drivers, including tourists renting vehicles, commercial truck drivers transporting goods, and state locals using motorcycles, bicycles, and public transportation. So, the most common car accidents in Florida are:
In 2016, there were 395,785 car crashes in Florida, according to the Florida Highway Safety and Motor Vehicles report. This statistic reveals that there were roughly 1,081 motor vehicle accidents every single day in Florida.
These alarming statistics reveal Florida's problem preventing car accidents.
However, Florida has one of the strictest DUI laws out of all the states. If someone is caught driving under the influence, they could serve up to six months in jail, lose their license, and receive fines tallying up to $2,000 in the first offense. Yet despite this, 5,223 car accidents involved alcohol or impaired driving.
Car accidents are scary, and dealing with any injuries from one can be traumatizing. The most common injuries obtained in Florida car accidents include:
Because car accidents are so unpredictable, people must understand the risks of their actions. Even though you may not prevent an accident you are involved in, you can still take the necessary precautions to make sure you are driving in the safest, most responsible manner.
If you would like to discuss your Florida car accident with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
Unfortunately, most drivers are involved in an auto accident at some point in their lives. However, not everyone knows how to handle the situation when they are faced with one. Failure to take all the necessary precautions may harm your chances of receiving full compensation for the damages. So, if you are involved in a Florida car accident and want to receive the maximum damages, you must follow these simple steps below:
If you would like to discuss your car accident with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
You may have a personal injury lawsuit if you recently slipped and fell due to hazardous property conditions. In other words, if any factors (e.g., spill, object) cause dangerous circumstances and result in a person acquiring injuries, they have the right to file a lawsuit. The property owner may potentially be held responsible for any compensation needed to cover any injuries, pain, and suffering.
The statute of limitations, or amount of time you have to file a slip and fall lawsuit, is four years in Florida. Therefore, a person will have four years from the date of the accident to file a personal injury case. However, attorneys recommend that you file sooner than later because litigation can sometimes lead to finding other guilty parties.
The two variables that determine the amount a personal injury lawsuit is worth include the severity of the injury and the defendant's liability. When it comes down to it, the lawsuit's point is to gain compensation for any damages (e.g., medical expenses, pain and suffering, loss of income).
A great example of how awards for damages can be heavily based on the degree of injury is a 2019 case in Tallahassee. After acquiring injuries from slipping on water leaking from a convenience store's ice bin in 2016, the woman needed physical therapy and multiple surgeries to cope with the damages. Her medical expenses rack up to $111,000, and her doctors anticipate that her future medical bills can rise to about $350,000. In the end, the court awarded her 1.9 million dollars for the lifelong pain and permanent damage she will have to deal with forever.
The defendant is not automatically liable (at fault) just because someone falls. Instead, the plaintiff must prove a level of negligence and the fact that the property owner failed at maintaining the premises. Because proving liability may be challenging, you should take proper documentation after experiencing a slip and fall accident. Take pictures of the unkept area as this can help your attorney create a stronger case in your favor.
It is the property owner's responsibility to warn people of any hazardous conditions on their property. These warnings may include signage over wet floors or blocked off areas. However, you must prove your injury stemmed from the defendant's negligence to have a successful premises liability slip and fall case. As stated above, you must take pictures of the area and even request any security footage the defendant may possess. However, they will most likely not provide this unless an actual lawsuit has been filed.
Most of the time, courts will award damages because the property managers (defendants) are aware of the hazardous conditions and fail to prevent accidents. In the Tallahassee case above, the ice bin's water spilling caused another accident before the plaintiffs. However, they failed to put up proper signage or warn their customers of the danger.
Constructive notice is the concept that the defendant should be aware of the property's conditions. If a property manager failed to have their premises regularly inspected, this could be considered negligence. Even though they were not aware of the dangers, they are still liable for any injuries caused by their property's condition. This argument is valid in court because there is a reasonable expectation by people that the property should be safe.
Contributive negligence is the idea that both parties are at fault for the accident. For example, a person cannot prove a property owner's sole liability if they clearly saw an object and tripped over it anyway. In this case, it is no longer the property manager's fault alone. In Florida, there is a basic understanding and expectation that every person should make any effort necessary to keep themselves safe. So, improper shoe wear or distractions from a phone are all valid arguments the court will consider when holding both parties partially responsible. The jury will decide how much a person is responsible for their slip and fall accident, and the court will adjust the verdict accordingly.
If you would like to discuss your slip and fall injury with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
A personal injury lawsuit is a civil claim that allows a victim injured by another person to pursue financial compensation for the damages. Because no laws require those at fault to automatically and fairly compensate for the damages they caused, it is up to the victims to take the initiative and file a claim. Even more, they must file this claim within the time limit outlined by the state's statute of limitations.
The statute of limitations refers to the amount of time a person has to file a lawsuit claim against the defendant. In other words, it is a deadline with justice in mind and ensures that lawsuits are filed within a reasonable amount of time.
If you do not file a lawsuit within the time allotted in the statute of limitations, your claim will likely not be permitted, and you will forfeit your right to hold the defendant liable for any losses.
Although more serious crimes do not have a statute of limitations, most cases do. Depending on the circumstances, Florida’s statute of limitations on civil injury claims (also known as “torts”) can vary based on the following:
However, keep in mind that because these are simplified examples of statutes of limitations in injury-related cases, other factors may influence each case. For example, additional time limits may be applied to different types of civil claims, or one may be required to abide by other laws.
To ensure you understand these limitations and how they will be applied to your case, you should talk to an experienced, qualified attorney as soon as you can.
Depending on the individual facts of the case, the beginning of the statute of limitations varies. Although the time limits above apply to most civil injury cases, it is crucial to understand the various exceptions that can delay the clock.
While most personal injury cases in Florida must abide by the 4-year statute of limitations beginning the date the accident occurs, other circumstances may extend or shorten the deadline to file.
With all of these exceptions and legal details, you must speak to a qualified attorney as soon as possible.
If you would like to discuss your injury lawsuit with an experienced attorney, call The Injury Assistance Law Firm at (321) 234-2900 today.
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.
The Personal Injury Attorney Orlando Residents Trust
The Personal Injury Attorney Orlando Residents Trust
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