A truck accident can have a devastating impact on the current state of your life as well as your future. Choosing the right lawyer to assist you can make the difference between you receiving the compensation you deserve and you receiving nothing. When you are interviewing firms to take your case, we suggest that you look for certain red flags which will help you know which firms to avoid. We also suggest that you look for certain signs that can indicate that a firm is capable of providing you with the representation you need.

This article will discuss the following in regard to choosing a lawyer to handle your truck accident case:

• The need to avoid firms that do not focus on personal injury law
• The need to avoid firms which do not see cases through to the end of litigation
• The need to retain a firm with the resources necessary to handle your case
• The need to look at the potential lawyer’s track record in similar cases

We will discuss each of these points in turn.

Avoid Law Firms Which Do Not Focus On Personal Injury Law

There are law firms that focus on personal injury. There are others that simply take personal injury cases. The latter of these two tend to be firms that are of a “general practice” nature, meaning that they will handle almost any type of case. They also tend to be firms that focus on other areas, such as family law or criminal defense but will take a personal injury matter if the opportunity presents itself. While all attorneys must have a minimum level of competence to continue in the practice of law, the complicated nature of trucking accident cases can potentially present problems to a firm that lacks experience in such matters. This complicated nature includes the fact that trucking cases often involve multiple defendants and complex issues of comparative fault.

Trucking accidents are different from many other personal injury matters in that they often involve multiple defendants. Such defendants can include the driver, the truck’s owner, third-party management companies, and others. As we discussed in our article on identifying the defendants in a truck accident case, failing to name a defendant can result in the victim not receiving their full amount of compensation. An experienced attorney will be familiar with the various layers of liability which often exist in such cases and they will work to ensure that all the responsible parties are named in the case.

The number of defendants in a trucking accident case also greatly complicates the calculation of comparative fault. As we discussed in our article on comparative fault in truck accident cases, the determination of how much fault a party should bear can be subjective. Having an attorney who is experienced in arguing such cases to the jury is important in making sure that the correct parties are assigned their fair share of the blame.

By retaining a firm that focuses on personal injury law, you improve the chances that you are retaining counsel with experience in handling issues unique to trucking accident cases. 

Retain a Firm Which Will See Your Case Through to the Completion of Litigation

There are some personal injury firms that do not handle cases through the litigation process. These are firms that consider themselves “pre-litigation” only. They typically partner with other lawyers who will initiate and handle a lawsuit if the case cannot be settled prior to litigation. Dealing with a lawyer who does not also handle the litigation process can mean that you will have to switch attorneys during the process. This can be disruptive to you and your case for several reasons. Retaining a firm that handles both “pre-litigation” and “litigation” can help ensure against such disruptions.

Retain a Lawyer With the Resources Necessary to Handle Your Case

Trucking accident cases can be highly expensive to litigate. Costs involved can include fees paid to various experts, extensive discovery costs, and more. Your attorney will not be reimbursed for these costs until your case is either resolved at trial or a settlement is reached. When you retain a law firm, it is important to retain one with the financial resources necessary to see your case through the entire process. If your attorney lacks adequate resources to handle the matter, then you run the risk of experts not being retained or other problems that can put you at a disadvantage. While it is ethically questionable for attorneys to take cases that they lack the resources to handle, the truth of the matter is that such situations do occur. This is why it is important to ensure that your firm has the financial resources it needs.

Consider Your Potential Lawyer’s Track Record

Your potential lawyer’s track record in other large cases they have handled, including those involving trucking accidents, can help with deciding whether or not you should retain them. It is, therefore, strongly suggested that you speak with your potential counsel about similar cases they have handled and how that experience will relate to your case. It is also strongly suggested that you speak with the State Bar of Florida to determine if the attorney has a history of prior reprimands. Finally, we suggest utilizing public reviews on websites such as Google to see the experiences that others have reported. Do not simply take the attorneys’ word for it that they will handle your case properly. Take the time to research your potential counsel.

Contact Us Today To Speak With a Florida Truck Accident Attorney

If you or a family member have been hit by a semi-truck, it is important that you retain a lawyer as soon as possible. Retaining the right counsel can make a significant difference in your case. Our firm is dedicated to protecting the rights of those who have been injured and we pride ourselves on providing the highest level of service. Contact us online or by telephone at 800-780-8607 for a consultation with our Florida truck accident attorney.

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Recently, numerous women have sued hair product companies like Revlon and L’Oréal for selling dangerous chemical hair straighteners. The reason for this is that these hair straightening products have been shown to significantly increase users’ risk of developing uterine cancer. Product manufacturers can be held accountable when they put customers’ health or safety at risk, and holding them accountable starts with filing a lawsuit in court.

5 Reasons Why Women Are Suing Over Chemical Hair Straighteners

If we examine the evidence, we can see exactly why so many women are suing over chemical hair straighteners. Not only is the scientific link between these hair straighteners and uterine cancer strong, but uterine cancer caused by chemical hair straighteners can also lead to significant financial and non-financial losses:

1. Many Hair Straighteners Contain Chemicals That Can Cause Cancer

Hair straighteners are popular products, especially among Black and Latina women. As a result, several companies sell these products—and they do so in various formulations and under various brand names. Some examples include:

• Africa’s Best
• African Pride
• Crème of Nature
• Isoplus
• Just for Me
• Mizani from L’Oréal
• Organic Root Stimulator (ORS) Olive Oil
• ProfectivMegaGrowth
• Silk Elements
• Soft & Beautiful
• SoftSheen Carson (SSC) from L’Oréal
• SSC Dark and Lovely from L’Oréal
• TCB Naturals

Many chemical hair straightener brands contain chemicals that can cause cancer. This is not uncommon—many personal care products contain chemicals known to cause cancer, and they don’t necessarily put consumers at risk. The cancer-causing chemicals may exist in such small quantities that they aren’t of concern, or the way in which these products are used (i.e., rubbing them on the skin) may not present a significant risk of absorption. But chemical hair straighteners are different.

Currently, many chemical hair straighteners are known to contain at least three cancer-causing chemicals: bisphenol A, formaldehyde and parabens. Due to the strength of these products, these chemicals are used in quantities sufficient to increase users’ risk of cancer resulting from absorption. Additionally, with chemical hair straighteners in particular, the risk of absorption through the scalp is greater due to many users experiencing “burns and lesions caused by straighteners.”

2. These Chemicals Can More Than Double Women’s Risk of Uterine Cancer

This combination of factors—the presence of cancer-causing chemicals and the risk of absorption through burns and lesions in the scalp—increases women’s risk of developing cancer significantly. Studies have focused specifically on the risk of developing uterine cancer as a result of using chemical hair straighteners, and the results have been alarming.

According to a study published by the National Institute of Environmental Health Sciences (NIEHS), which is part of the National Institutes of Health (NIH), women who have used chemical hair straighteners are approximately 2.5 times more likely to develop uterine cancer during their lifetime. The study followed more than 33,000 women over an 11-year period and found that while the authors “estimated that 1.64% of women who never used hair straighteners would go on to develop uterine cancer by the age of 70; . . . for frequent users, that risk goes up to 4.05%.”

A ”frequent user” is defined as someone who uses a chemical hair straightening product at least four times a year.

In other words, the study found that women who use chemical hair straighteners every few months are more than twice as likely to develop uterine cancer. This is alarming, and, as discussed below, it is an outcome for which hair product companies can—and should—be held accountable.

3. Hair Product Companies Should Have Known that These Chemicals Were Dangerous

Hair product companies should have known that the chemicals in their hair straightening products were dangerous. It has long been known that bisphenol A, formaldehyde, and parabens, and when testing their products, these companies should have discovered that they can cause burns and lesions in the scalp. Putting these two facts together, these companies should have known that women who used them would be at increased risk for developing uterine cancer.

Yet, as is so often the case, they sold their products anyway. In 2019, the researchers behind the NIEHS study released preliminary findings linking chemical hair straighteners to cancer. But these products are still on sale today—and they are still putting women at risk. The evidence has been out there, but the hair product companies have simply chosen to ignore it.  

4. Even if They Didn’t Know, They Can Be Held Liable for Selling Dangerous Products

But let’s say they didn’t know. Let’s imagine for a moment that there wasn’t any prior evidence of the link between chemical hair straighteners and uterine cancer. Even in this scenario, women who developed uterine cancer could still file chemical hair straightener lawsuits.

This is because dangerous and defective products are governed by the law of products liability. Under the products liability laws in Florida and other states, product manufacturers can be held strictly liable for selling dangerous and defective products. This means that proof of negligence is not required. If a company sells a dangerous and defective product, and if its product causes harm to consumers, the company is liable for consumers’ losses.

5. The Costs of Living with Uterine Cancer Can Be Substantial

These losses can be substantial. Uterine cancer is a serious disease, and tragically, it can prove fatal in some cases. Even when it doesn’t prove fatal, women who develop uterine cancer can suffer from various symptoms, and their diagnosis can impact all aspects of their day-to-day lives. Treatment can also be incredibly expensive. When women suffer these financial and non-financial costs, the companies that are responsible deserve to be held fully liable.

Speak with an Attorney at Searcy Denney for Free

If you or someone you love developed uterine cancer after using a chemical hair straightener, we encourage you to contact us for more information about your legal rights. For a free, no-obligation consultation with an attorney at Searcy Denney, please call 800-780-8607 or request an appointment online today.

The post Why Are So Many Women Suing Over Chemical Hair Straighteners? Examining the Evidence appeared first on Searcy Law.

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head injuries, and even a wrongful death. While financial compensation cannot undo the harm that has been done, it can ensure that you are protected from the financial fallout of an accident. This article will discuss how damages are calculated in a motorcycle accident case as well as other issues that impact one’s final award. If you are in need of assistance, it is important that you contact a lawyer as soon as possible.

Damages Will Include Economic Losses, Medical Expenses, as Well as Pain and Suffering

Economic Losses

An accident victim is entitled to past and future wages which were lost as a result of the wreck. Determining wages that have been lost to date can be relatively straightforward for someone who works a job with a set salary or who is paid an hourly amount. It is simply an issue of adding up the time that has been missed. Calculating future wages can quickly become more complicated. If someone is permanently unable to work, they will be entitled to what their future lifetime earnings would have been. If they are unable to return to their former career but are able to work in some other capacity, then they will be entitled to the difference between what they would have earned in their former career and what they can be expected to earn in their new one. Projections as to what future earnings would have been will require the use of expert witnesses, which is discussed below.

Determining past and future losses can be more complicated when someone is self-employed or has an income that is highly variable. The defense is likely to argue that the amount that would have been earned is lower than what the injured individual will claim. As with all damages, the determination of any amount will be made by the jury.

Medical Expenses

Injury victims are entitled to past medical expenses incurred as well as the cost of future care. As with lost wages, determining expenses incurred to date is simply a matter of adding up past bills. Determining the cost of future care when one has been seriously injured will require obtaining a long-term prognosis from a medical professional. One will be entitled to the costs associated with future surgeries, rehabilitation, medication, travel to and from appointments, hospital stays, etc.

Pain and Suffering

Compensation for pain and suffering will include payment for physical pain endured as a result of the accident, ongoing pain that occurs throughout past and future medical treatment, as well as general discomfort. It also includes compensation for the stress and aggravation that one has been through, as well as the time involved in dealing with the situation. Given the level of disruption that can be caused to one’s life by a motorcycle accident, damages for pain and suffering can be substantial. This is especially true in cases involving serious injuries, head trauma, paralysis, etc.

Expert Witnesses are Often Necessary for Proving Damages in a Motorcycle Accident

In cases that involve serious injuries, it will often be necessary to retain experts for the determination of future medical needs as well as lost earnings. This is due to the fact that the rules of evidence require someone to be deemed an expert before they can offer opinions on topics involving specialized training, knowledge, experience, or skill. Calculating future lifetime earnings will typically require the use of an economist and/or vocational specialist. Also, the determination of the type of care that will and will not be needed in the future will require the utilization of medical professionals. The Plaintiff in a motorcycle accident case will retain his or her own experts who will offer their opinions on these issues. The defense will retain its own experts who will offer differing opinions. The amount of weight, if any, given to either side’s experts will be left to the jury in the event that the case goes to trial.

Comparative Fault Will Impact the Award of Damages

We have previously discussed how comparative fault impacts motorcycle cases. It must be understood that a victim’s award will be reduced by any amount to which the jury believes they were responsible for the wreck. If, for example, the jury finds that an injured motorcycle rider is thirty percent responsible for the accident and that they suffered $100,000 in damages then they will receive $70,000 ($100k – 30%). If, however, the victim is found to have been at least fifty-one percent responsible for the accident then they will recover nothing. The allocation of fault is made by the jury and can be highly subjective. It is important that your attorney be experienced in presenting such issues in Court.

The fact that a plaintiff cannot recover damages if they were fifty-one percent responsible for the accident, is due to a recent change in Florida law. Prior to 2023, a victim could recover some level of damages regardless of how much fault they shared for the accident. This change makes it more difficult for a victim to receive at least some level of compensation. This makes retaining experienced counsel even more important.

Contact Us To Speak With a Florida Motorcycle Accident Attorney

If you or a family member have been in a motorcycle wreck, the first step is to seek immediate medical care. It is strongly suggested that you then retain a lawyer. Given the serious nature of such cases, it is strongly suggested that you choose a firm with an emphasis on personal injury law. We are dedicated to protecting the rights of individuals over those of insurance companies and we will give your case the attention it deserves. Contact us online or call us at 800-780-8607 to speak with a Florida motorcycle accident attorney.

The post Calculating Damages in a Florida Motorcycle Accident Case appeared first on Searcy Law.

In 2023 Florida changed its legal framework in regard to comparative fault. There may be no area of personal injury law where this will have a greater impact than matters which involve a motorcycle accident. Given that such cases often involve serious injuries, and the issue of blame is often hotly disputed, it is important to understand how our state’s new laws impact riders who have been hit by a car or other vehicle. This article will discuss how the new law impacts the rights of a victim. If you or a loved one are in need of assistance, contact our office today to speak with a lawyer.

This article will address multiple points. Subjects which will be discussed include:

• Understanding Florida’s new comparative fault law
• The importance of comparative fault in motorcycle accident cases
• How not wearing a helmet can impact a victim

Each of these topics will be discussed in turn.

Florida Has Adopted the “Modified Comparative Negligence” Standard

Governor Desantis signed legislation in 2023 that moved Florida from a system of “pure” comparative negligence to a system of “modified” comparative negligence. These two systems are similar in that they allow a victim to receive compensation even if they were partially to blame for the accident. Any compensation received will be reduced by the victim’s share of the fault. So, for example, if a victim suffered $100,000 in damages, but was ten percent responsible for the wreck, then they would receive $90,000 ($100k – 10%). The determination of fault is made by the jury in cases that go to trial.

Pure and modified comparative fault systems differ in that the former will allow a victim to receive damages even if they were largely to blame for the accident. The latter, which is our new system, will prevent a victim from recovering any compensation if they are more than fifty percent to blame for the wreck. So, if a victim is found to be fifty-one percent, or more, responsible for an accident, then they will receive nothing regardless of the extent to which they have been injured.

Comparative Fault Can Have an Important Impact on Motorcycle Accident Cases

Comparative fault is an important issue in any auto accident. This includes car accidents as well as truck accidents. The issue is especially important, however, in motorcycle accidents. This is due to the fact that it is much more common for a defendant to claim that the motorcycle rider was partially at fault. Such claims may involve accusations that the rider was weaving in and out of traffic, that they were too close to one side of the lane or the other, that they were following too close, etc. The determination of fault is largely subjective. One jury may view a set of facts and say that the victim was ten percent responsible for the wreck while another set of jurors may assign a larger portion of the blame to the victim.

Consider the following example. Joe Rider is following too closely behind a car. The driver of the car is not paying attention to what is in front of them. They slam on the brakes to avoid hitting another vehicle. The motorcycle rear-ends the car and Joe flies off of his bike, over the car, and suffers extreme injuries. Both Joe and the driver were both clearly negligent. It is possible that one jury will split the blame fifty-fifty. Another may say the driver is more to blame while a third jury may assign the bulk of the fault to Joe. The allocation of fault, again, is left for the jurors to determine based on the evidence and their own opinions of the matter.

How Florida’s Motorcycle Helmet Law Impacts a Comparative Fault Determination

Florida does not require a motorcycle rider to wear a helmet as long as he or she is carrying insurance providing for “…$10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.” Fla. Statute 316.211(b). This means that, unlike some other states, a rider is not automatically barred from receiving compensation for their failure to wear a helmet. Not wearing a helmet, however, is a factor that can be considered when fault is being allocated to each party. While not wearing a helmet should not be seen as the cause of the accident, it may result in a finding that the injuries were the fault of the victim.

Suppose a motorcycle rider is not wearing a helmet and is hit by an oncoming car. The rider was following all applicable traffic laws. The rider lands on his side and suffers serious injuries to his shoulder and arm. While how the jury will rule will depend on the given case, this scenario should not result in damages being limited due to the rider not wearing a helmet; wearing a helmet would not have prevented the injuries. Now suppose, instead, that the victim landed on his head and suffered a traumatic brain injury (TBI). The evidence shows that the head injury would have been far less severe if the rider had been wearing a helmet. Under this scenario, the jury may well find that the rider is more than fifty percent responsible for his own injuries. In this case, the rider would be barred from recovering damages.

Contact Us Today To Speak With a Florida Motorcycle Accident Attorney

If you or a family member have been in a motorcycle wreck, serious injuries have likely been sustained. It is important that you contact a lawyer as soon as possible. Failing to immediately protect your interests can leave you or your family without the money needed to make up for lost income and to cover future medical expenses. Our firm focuses on personal injury law so you may focus on moving your situation forward. Contact us online or call us at 800-780-8607 to speak with a Florida motorcycle accident attorney.

The post Comparative Fault’s Impact on Florida Motorcycle Accidents appeared first on Searcy Law.

Florida is like most other states in that a victim can still receive compensation even if they were partially liable for a trucking accident. In early 2023, however, our state adopted a system that is known as “modified comparative negligence.” This change in the law continues to allow a partially liable victim to recover damages but limits the circumstances under which they may do so. This article will discuss the recent change in Florida law and how it applies to those who have been hit by a semi. If you are in need of assistance, contact our office today to speak with a lawyer.

Florida Has Adopted the Modified Comparative Negligence Standard

Florida followed the “pure comparative negligence” standard prior to 2023. Under this old system, a victim could recover damages regardless of their share of fault for an accident. The damages awarded would be reduced by the victim’s share of the blame. This means, for example, that if a victim suffered $1m in damages and was considered 90% responsible for the wreck, the victim would recover $100,000 ($1m – 90%). This standard was especially important in trucking accident cases as the victims in such matters often sustain very serious injuries. 

In 2023, Governor Desantis signed a bill that abolished the pure comparative negligence standard and replaced it with modified comparative negligence. Under this system, a victim may still recover damages if they were partially at fault and the award will still be reduced by their share of the blame. The key difference, however, is that the victim will recover nothing if it is found that they were more than fifty percent responsible for the accident. This means that if a victim suffers $1m in damages, and it is found that they were at least fifty-one percent responsible for the wreck, they would recover nothing. If a case goes to trial, then the determination and allocation of fault will be reached by the jury.

The foregoing is best explained by way of example. Suppose Joe Driver changes lanes without signaling and is hit by a truck that is in the new lane. Joe’s car spins out, slams into a barrier, and Joe suffers $500,000 in damages. Now suppose that the truck driver was speeding and evidence shows that he was looking at his cell phone and not the road at the time he hit Joe. Joe is negligent for failing to signal the lane change. The jury, however, believes that the trucker still could have avoided the accident. The jury finds the trucker 70% responsible for the wreck and that Joe should bear 30% responsibility. Under this scenario, Joe would recover $350,000 ($500,000 – 30%). If, however, the jury finds that Joe should bear fifty-one percent of the blame, then Joe will recover no damages.

Comparative Fault In Trucking Cases Which Involve Multiple Defendants

Truck accident cases often involve multiple defendants. As explained above, Florida recognizes the concept of comparative fault. Our state, however, has also done away with the concept of joint and several liability. It is important to understand how these two legal frameworks impact each other in cases that involve multiple defendants.

Under the concept of joint and several liability, a victim could choose which of the defendants against whom they would collect their damages. Suppose, for example, that a truck driver was found to be seventy-five percent responsible for a wreck. Now suppose that their employer was found to be twenty-five percent responsible and the victim suffered $1m in damages. Under joint and several liability, the victim could recover their entire $1m from the employer or the victim could recover from the defendants in any proportion they wished. This allowed victims to receive their full compensation and protected against a party (the driver in this instance) lacking the assets needed to pay the award.

Florida’s abolition of joint and several liability means that a defendant will not have to pay a share of the damages that is greater than their share of the fault. This means that if a victim is found partially responsible for the accident, then a particular defendant may be required to pay very little. Suppose, for example, that a victim suffers $1m in damages and is 50% responsible for the wreck. The truck driver and his employer are found to be ten percent responsible and a third-party loading company (who improperly loaded the truck) is found to be forty percent responsible. Under this scenario, the truck driver and his employer would only pay $100,000 in damages. If the third-party loading company lacks insurance or resources to pay the judgment, which would be in the amount of $400,000, then the victim will receive no additional compensation.

The Importance of Retaining an Experienced Truck Accident Lawyer

Trucking accident cases often involve numerous defendants as well as issues of comparative fault. The allocation of fault can be highly subjective and it is important to present your case to the jury in a way that is clear, concise, and easy to follow. Retaining a firm with experience in such matters can be vital to ensuring that your case is presented to the jury in “the right way.” When you are selecting a firm to represent you, we suggest retaining lawyers who practice solely in the area of personal injury law and who have the resources and experience necessary to handle such a matter.

Contact a Florida Truck Accident Attorney For Assistance

If you have been involved in a truck accident, you need a lawyer with the experience necessary to deal with any issues of comparative fault. Properly presenting your case can make the difference between you receiving compensation or being awarded nothing. Our firm is dedicated to protecting the rights of the injured and we believe that everyone deserves quality representation. Contact us online or by telephone today at 800-780-8607 for a consultation with our Florida truck accident attorney.

The post The Impact of Comparative Fault in Florida Truck Accident Cases appeared first on Searcy Law.

Trucking accidents can have a devastating impact on the victim’s life. This is, in part, due to the fact that passenger cars are no match for an oncoming semi. While such accidents often result in greater injuries than a typical car wreck, they also often involve higher levels of complexity. One of the reasons that trucking accident cases are more complex is the fact that they often involve multiple defendants. This article will explain why such cases involve numerous parties and the importance of identifying each of them. If you have been injured, then it is important that you contact an attorney immediately to assist you.

Trucking Accidents Often Involve Multiple Defendants and Numerous Theories of Liability

Car accident cases are typically a straightforward matter in which the owner of one car is liable for the damages suffered by the driver of another car. Trucking accidents are different in that there are layers of liability that extend to multiple parties. This flows from the fact that business owners are liable for the acts of their employees and are potentially liable for the acts of those whom they contract with. This means that if the owner of the truck employs a driver to operate it then the owner will also be negligent for any acts committed by the employee. If the owner employs a third-party management company, who in turn hires the driver, then the management company can be held liable for the driver’s negligence. The owner may also face liability for hiring a negligent management company. These are just a few examples of how several entities may be liable for the negligence of a truck driver.

Truck accident cases can be further complicated by the fact that different theories of liability may exist against the various defendants. As explained above, the employer of the driver can be held liable for the driver’s negligence. The employer may also be held liable if it is shown that they were negligent in their hiring of the driver or if they failed to adequately supervise them. Examples of negligent hiring can include not performing drug tests, not checking driving histories, etc. Examples of negligent supervision can include not monitoring how often the driver is taking breaks, a failure to perform ongoing drug testing, etc. Additionally, the owner and/or any hired management companies may face additional liability for failing to properly maintain the truck’s equipment, any failures to inspect safety features, and more. These are just a few examples of how different causes of action can exist against different defendants.

Steps to Identifying the Defendants in a Truck Accident Case

There are numerous methods and tools available for identifying the possible defendants in a truck accident case. The first involves your attorney determining who owns the vehicle and whether it is a different person or entity from the driver. This can be accomplished by researching Motor Vehicle and Secretary of State Records. If the vehicle is owned by a party other than the driver, then the owner’s insurance carrier will often provide necessary information to identify any third-party management companies that were utilized. If this information is not acquired through insurance or dealing with the truck’s owner, then it will be possible to obtain it later through the discovery process. These are just some of the steps that an experienced attorney will take in order to identify all necessary defendants.

The Consequences of Not Identifying All Defendants in a Truck Accident Case

Failing to identify all of the necessary defendants can result in you not receiving the full amount of compensation to which you are entitled. This can stem from not being able to bring all the possible causes of action as well as the fact that Florida has abolished joint and several liability.

Failing to Name a Defendant Can Result in a Victim Not Being Able to Bring All Relevant Causes of Action

As explained above, the different defendants in a truck accident case may face various causes of action that do not apply to all of the parties. As an example, the owner may face liability for negligent hiring and supervision but this is not an action that can be brought against the driver. Also, if the owner or management company is not named then it may not be possible to hold the driver liable for equipment malfunctions.

Consider the following example. Joe is employed to be the driver of the truck. His employer informs him that all of the truck’s safety equipment has been inspected and maintained. Before getting on the road, Joe inspects the truck’s brake lights to ensure they are working, which they are. Unbeknownst to Joe, the owner has not changed the tail light signals for some time even though they told Joe they had done so. While on the road, the tail lights go out and this causes an accident. The victim only sues Joe and not the owner. Under this scenario, the jury may find that the driver had done nothing wrong and is not liable. Since the party at fault, the owner, is not named in the case it is possible that the victim will recover nothing.

Failing to Name a Defendant Can Result in Damages Not Being Fully Recoverable

Florida no longer recognizes the concept of joint and several liability. This concept allowed a defendant to recover all of their damages from any of the defendants regardless of that defendant’s degree of fault. So, for example, if Defendant “A” was found to be ninety percent responsible for the wreck and “B” was found to be ten percent responsible, the victim could recover all of their damages from “A” if “A” had more financial resources and better insurance coverage. Florida law, however, now only requires a defendant to pay an amount equal to their share of the harm. This means that if a defendant is not named then the victim may not be able to recover all of their damages.

Contact a Florida Truck Accident Attorney Today

If you have been involved in a truck accident, you need a lawyer with the experience necessary to identify and name all of the possible defendants. Our firm protects the rights of people over those of corporations and we will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida truck accident attorney.

The post Identifying the Defendants in a Florida Truck Accident Case appeared first on Searcy Law.

Car accidents can result in serious injuries and even the wrongful death of a victim. There are many instances, however, in which a victim does not seek immediate medical care. These can include situations where one either believes that they are not seriously injured or that they are completely uninjured. Failing to seek medical attention can limit the ability of a Plaintiff to gain the compensation which they deserve. Accordingly, this article will discuss why it is important to seek medical care and how failing to do so can hurt your case.

We will be addressing four different issues as part of this discussion. These issues include:

• Claims the defense will make if you fail to seek care
• Why you should seek medical care even if you believe you are uninjured
• The fact that many Floridians fail to seek care
• The ability to obtain medical care on a lien against your eventual settlement

Each of these topics will be discussed in turn.

The Defense Will Claim You Were Not Injured by the Accident if You Do Not Seek Immediate Care

If a car accident victim does not seek immediate care, then the defense is likely to claim that they were not hurt by the subject accident. The defense will often claim, instead, that the Plaintiff was injured sometime in between the accident and the time at which they went to the hospital. Such a delay in treatment may lead to an insurance adjuster denying liability. If the matter proceeds to litigation, then the jury may possibly believe that the injury was not the result of the accident. This can result in you failing to be compensated.

Consider the following example. Joe is involved in a car accident in which his head snaps forward. His neck is slightly sore, but he believes he is not seriously injured. He decides not to go to the hospital. Over the course of the next several days, Joe attempts to go to the gym and live his life as he normally would. Joe’s neck continues to get worse. Upon going to the doctor, it is revealed that Joe has suffered neck damage. While the damage was, in fact, caused by the accident, the defense will likely claim that Joe had hurt himself at the gym. If the jury believes this argument, then Joe will recover nothing.

It is Important to Seek Medical Care Even if You Believe You Are Uninjured

Those involved in large-scale car accidents often believe they are not injured at all. In May of 2023, a Florida man caused a multi-car pile-up on US-331 when he stopped in traffic to help a turtle. It was reported that there were no major injuries. It is understandable that some believe they do not need medical care when a) they believe they are uninjured and b) they have just been involved in an event that involves odd facts; the truth of the matter is that it is important to gain an immediate medical opinion. There are many forms of injuries that may not show symptoms for some time until after the accident. These can include head injuries, damage to ligaments or joints, trauma to the neck, and more. 

Many Floridians Fail to Seek Care Following a Car Accident

Florida has some of the most dangerous roads and highways in the country. Crash statistics from these areas demonstrate the fact that many Floridians fail to seek care immediately following an accident. In June of 2023, it was reported that Miami-Dade County had experienced over 25,000 crashes year to date. Less than 12,000 people, however, reported being injured. While hopefully it is true that many people were not injured in these wrecks, there is a good chance some people have, in fact suffered injuries which simply did not lead to immediate symptoms. If these individuals failed to seek immediate care, then they potentially hurt their chances of gaining compensation.

Medical Providers Will Often Accept a Lien In Lieu of Immediate Payment

One possible reason for which people may decline immediate care is a concern of having to immediately pay out-of-pocket medical expenses. Most care providers, however, will accept a lien against an eventual settlement. This means that the victim of an accident will often not have to pay upfront for the care they receive – the bill will not be due until the case settles. As such, concern about having to pay out money today should not prevent one from seeking the care they need.

Accident victims will often end a case without having to incur medical debt. As part of negotiating a settlement, personal injury attorneys will often negotiate the amount of any medical liens so that a settlement can be obtained. This is best explained by example. Suppose Jack is seriously injured and incurs $150,000 in medical expenses. There is a serious issue as to liability, however, and the maximum settlement Jack is going to receive is only $200,000. By the time Jacks’ legal expenses and medical expenses are paid, there may be little left for him. Fortunately, Jack’s attorneys are able to convince the care providers to accept $50,000 as payment in full. This allows Jack to receive settlement proceeds while having no medical debt. It is important to remember that the ability to negotiate a lien will always depend on the specifics of the matter. This example, however, does illustrate that liens can often be reduced.

Contact Us To Speak With a Florida Car Accident Attorney

If you have been hit by a car, then the first step you should take is to seek immediate medical care. The second step is to contact a lawyer to protect your interests. Our firm is dedicated to protecting the rights of individuals, and we will make your case a priority. We will work to stay in regular contact with your medical providers and, if necessary, will attempt to negotiate down any medical liens. Contact us online or by telephone at 800-780-8607 to speak with a Florida car accident attorney.

The post The Importance of Seeking Medical Attention After a Car Accident in Florida appeared first on Searcy Law.

If you have been involved in a Florida truck accident, then your world has likely been turned upside down. It is understandable that you likely do not know what steps to take next. To make matters worse, you are likely to be contacted immediately by the defendant’s insurance adjusters. Understanding how to protect your rights is key to making sure that you receive the full amount of compensation that you deserve.

This article will address four key ways in which you can protect your rights after a trucking accident. These four steps include:

• Seeking immediate medical care
• Not dealing with insurance adjusters directly
• Understanding that the process of gaining compensation can take time
• Only discussing your situation with your lawyer

We will discuss each of these topics in turn.

Seek Medical Care Immediately Following a Trucking Accident

If you have been hit by a semi-truck, then it will likely be necessary for an ambulance to arrive and take you to the hospital. It is vital that you not decline care even if you believe that you are not seriously injured. If the accident was minor enough that an ambulance does not have to be called, then it is important that you go straight to the hospital on your own. Failing to seek immediate care can result in the defense claiming that your injuries stemmed from some other event that occurred in between the accident and the time at which you went to the hospital. By going straight to the hospital, you can establish a fact pattern that shows that the truck accident is what caused your injuries.

One reason why some may not seek immediate medical care is a belief that they are “fine” following a wreck. Many injuries, however, can worsen over time or even have delayed symptoms. A common example of this can be a victim who has suffered a blow to the head. They may initially believe they are fine. As time goes on, however, they begin to experience worsening headaches, blurred vision, etc. Even if you believe that you have not been seriously injured, a trip to the hospital is vital to gain a better understanding of your actual health situation.

A second reason why some decline care is a fear of expense. While it is true that healthcare is becoming increasingly expensive, injury victims will typically not pay the expenses upfront. If you have been in an accident then medical providers will often be willing to place a lien on any eventual settlement in lieu of being paid immediately. This, in other words, means that you can seek care without having to pay the costs up front.

Do Not Attempt to Deal With Insurance Directly

Insurance adjusters for the defendants will typically contact you as soon as possible following an accident. These adjusters will attempt to settle with you directly and will claim that you should not retain an attorney. You must remember that these adjusters are employees of the insurance company. Their role is to get you to settle the case for as little as possible in order to preserve the insurance company’s bottom line. An attorney, by contrast, is charged with protecting your interests, and their goal will be to gain you the largest possible settlement. 

The insurance adjusters may attempt to claim that having an attorney will not increase the amount of any settlement which you will receive. The truth, however, is that it is common for these adjusters to attempt to deny liability, only to change course once an attorney becomes involved. By retaining counsel you help to ensure that your rights remain protected.

Understand That it Can Take Substantial Time to Reach a Settlement

No settlement should be reached until your long-term prognosis is reasonably known. Given that truck accidents can involve serious injuries, this means that substantial time may pass before your case settles. If you settle before reasonably knowing whether or not you will fully recover then you run the risk of accepting a settlement that is less than what you will need to cover future lost wages, future medical care, etc. 

Consider the following example. Joe is hit by a semi-truck and suffers spinal damage which will require multiple surgeries. Joe accepts an early settlement out of the belief that he will fully recover. After repeated surgeries, however, the doctors declare that Joe will not regain full mobility. He will be partially disabled for life and is unable to return to his former career. Joe’s lost earnings and medical bills will be substantially higher than what was foreseen in his original settlement. Unfortunately, these losses are now out of pocket for Joe as he cannot go back for more money after having settled. He could have prevented this problem by waiting to settle until his prognosis was better known.

Only Discuss Your Situation With Your Lawyer

Only discussing your situation with your lawyer can help to ensure that your interests remain protected. Unfortunately, many accident victims unnecessarily talk about their case to friends, relatives, and they also share information on social media. Comments to others or posts made online, can often be taken out of context. Unnecessary disclosures to others may create a situation where the defense now has evidence to claim that the accident was your fault or that you are not as injured as you claim. It is important to remember that the defense may likely hire investigators and that they are capable of looking at your social media posts. By only discussing your situation with your attorney, you help to avoid potential problems.

Contact Us To Speak With a Florida Truck Accident Attorney

If you have been hit by a semi-truck, then you will likely be dealing with multiple defendants in a very complex case. You need an experienced lawyer at your side. Our firm is devoted to protecting the rights of individuals and we look forward to being of assistance. Contact us online or by telephone at 800-780-8607 to speak with a Florida truck accident attorney.

The post How to Protect Yourself and Your Rights After a Truck Accident in Florida appeared first on Searcy Law.

Product liability cases can be some of the most complex matters in the area of personal injury law. Such cases involve complicated fact patterns as well as various issues of law. Prevailing in these types of cases requires that you be able to prove that you were, in fact, injured by the defective product and that your injuries did not stem from some other cause. An important part of proving how you were injured is keeping and maintaining evidence immediately after the accident.

Why Keeping Evidence of How You Were Injured is Important

In order to receive compensation in a product liability case you must show that a product was defectively designed, manufactured, or marketed. You must also show that you were injured while using the product as it was intended to be used or in a way that you were led to believe that it could be used. This, in other words, means that you must have evidence of how the accident occurred. Failing to present such evidence can result in you or your loved ones receiving nothing at worst or a reduced compensation amount at best.

Preserving Evidence Allows You to Paint a Full Picture to the Jury

If your case proceeds to trial, then decisions regarding liability and damages will be made by the jury. In order to demonstrate that you were actually injured by the defective product it will be important to give the jurors a context of what you were doing and how you were using the product when the injury occurred. It will also be important to show you were immediately harmed by the incident. Presenting the actual defective product, photographs of the area in which the incident occurred, and other information helps give the jurors a “full picture” of what you have been through.

Establishing That Your Injuries Were Actually Caused by the Defective Product

It is common for defendants to claim that injuries they have suffered were not caused by the defective product. They will often claim that, instead, you already had the injury at the time of the incident or that you were injured by some event that occurred after the incident. Documentary and photographic proof of what occurred helps you to establish that your injuries were, in fact, caused by the defective product.

Establishing Your Pain and Suffering

Pain and suffering are a key part of any compensation which you may receive. Photos of your injuries as well as detailed notes as to how you felt each day, can help paint a picture of how the incident has actually impacted your life. This impact can include physical pain, time spent traveling to and from medical appointments, and other factors which have created stress, frustration, and aggravation. It is not enough to simply tell the jury that you have suffered. You need to be able to provide specifics.

How to Keep and Preserve Evidence After You Have Been Injured By a Defective Product

There are several ways in which you can preserve evidence after you have been harmed by a defective product. Each will be discussed in turn.

Keep the Product

One of the most important steps to take is to preserve the defective product itself as much as possible. If the product has exploded or burned, then an effort should be made to keep any remains. Also, in many situations, the product will be close to its original state. It is best to keep the product in as close a state as possible to how it was when the incident occurred. If possible, it is suggested that you keep it in some type secure box or other area where it will not be tampered with or damaged further.

Take Photographs and Record Video

Taking photographs and recording videos of what has happened can be compelling evidence. In today’s age of smartphones, making a record of the incident can be done with relative ease. It is strongly suggested that you take photos of the product itself, the surrounding area, and your injuries.

It will be important to ensure that your photographs and videos are backed up and that they are not stored on a single device. The former assures that your evidence is always available while the latter can lead to the loss of important information. Modern smartphones have auto backup features available which will store your information on the cloud. It is strongly suggested that a) you make sure these backup features are enabled and b) you utilize them.

Keep a Journal

It is important to write down what happened immediately after the incident. Doing so allows you to write a description while the event is still fresh in your mind. After that it will be important to keep a regular journal. You should make notes regarding all of your trips to the hospital or other care facilities. It is also suggested that you make daily notes as to how much pain you were in and how the incident is affecting your life.

Discuss All of Your Records With Your Attorney

It is important that you provide the defective product and all of your documented evidence to your attorney. This is true even if you think a piece of information is trivial or not relevant. It is not uncommon for a piece of information, which seems insignificant in nature, to have an important impact on the case. By erring on the side of providing your attorney with all possible information, you arm your counsel with more facts that can aid your case.

Contact Us To Speak With a Florida Product Liability Attorney

It is important that you contact a lawyer as soon as possible in addition to documenting the ordeal which you have been through. Counsel will take immediate steps to ensure that your interests are protected. We are proud of the level of service which we provide to our clients. Contact us online or by telephone at 800-780-8607 to speak with a Florida product liability attorney.

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