Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be broken down into three categories. These categories include economic damages, medical costs, and possibly punitive damages. Understanding how each of these types of damages are calculated is important to understanding what to expect as your case moves forward. 

Injury Victims Are Entitled to Past and Future Economic Damages

The victim in any personal injury case is entitled to past and future economic losses. These damages include income that has been lost to date due to the injury, as well as income that is expected to be lost in the future. It also includes money which a victim has paid out, or can expect to pay, as a result of the injury. The determination of these damages will depend on the circumstances of a particular case.

The calculation of past lost income is not always straightforward. For someone who receives an hourly wage or set salary then it can be a matter of simply adding up the missed time from work. If you are self-employed, or if you are an employee whose earnings greatly vary, then determining the losses you have already incurred can involve projections which can be open to dispute. This is due to the fact that such jobs and careers involve compensation that is not directly related to the number of hours worked.

The calculation of future lost income will often require the use of expert witnesses. Vocational and economic experts will be required to state what you could have expected to earn for the remainder of your life had the accident not occurred. They will then state what you can expect to earn, given your medical issues, and the difference between these two numbers will be your future economic losses.

Recovering Past and Future Medical Expenses

You will also be entitled to past and future medical expenses. As with economic losses, computing past medical expenses is simply an issue of adding up bills already incurred for care. This includes components such as ambulance rides, medications, and more. Determining future medical expenses will require the testimony of a medical expert. Such professionals will conduct their own medical examination and will issue a report stating the extent to which you can be expected to make a full recovery (which will be relied upon by the vocational experts), and the extent to which you will need future care. This will include a projection of future surgeries, future rehabilitative therapy, the cost of future medications, etc.

Damages For Pain And Suffering

There is more to a personal injury case then the amount of money you have lost from work or paid out for medical expenses. You are also entitled to compensation for physical pain you have incurred, as well as anguish and frustration, as a result of the accident. This is also true in product liability cases. Determining your pain and suffering will involve consideration of several factors. The first is the actual physical pain and discomfort you have suffered. This includes pain and discomfort that occurred during the accident, during any emergency treatment, as well as ongoing pain. It also includes the feelings of fear, distress, and more that occur as well as the aggravation of knowing that you are going through this situation. If you have suffered a serious injury, which has long-term ramifications on your health, then compensation for your diminished quality of life can be substantial.

There are multiple forms of evidence which will be offered in order to prove your pain and suffering. First, your testimony will be relevant as you are the only one that can discuss how the situation has made you feel. It will be necessary to provide specifics, such as time spent driving to and from medical appointments, time spent in waiting rooms, etc. Keeping a detailed daily journal of how the accident has impacted your life can help you with ensuring that you offer all relevant facts to the jury. Second, a medical expert can offer testimony as to how much pain people in your situation typically endure. The testimony of such experts can be important as it establishes that you are not exaggerating or embellishing the situation.

Recovering Punitive Damages

Punitive damages are the rarest form of compensation awarded in a personal injury case. While the types of damages discussed above are meant to compensate a victim for what they have been through, punitive damages are meant to punish the wrongdoer for what they have done. These types of damages are typically only awarded if the wrongdoer acted intentionally or with reckless disregard for the safety of others. While punitive damages are rare, they can be gained in product liability cases when a large corporation had reason to know that their product was dangerous or if they cut back on safety precautions in order to boost profits. 

As with the other types of damages discussed above, any punitive award will be determined by the jury. The jurors will hear the evidence in the matter and decide a) if the defendant should be punished for what they have done and b) the amount of money necessary to dissuade them from future conduct. The award of punitive damages is one of the most disputed issues in any personal injury case – especially those involving product liability.

Contact Our Florida Product Liability Attorney Lawyer

If you have been harmed by a defective product then it is important to seek medical care as soon as possible. The next step is to retain a lawyer with the experience and resources necessary to handle your matter. Our firm believes in protecting the rights of individuals over those of companies. We are proud of the level of service we offer and we look forward to speaking with you. Contact us online or at 800-780-8607 to speak with a Florida product liability attorney.

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Product liability cases are some of the most complicated matters which arise in personal injury law. Such cases involve complicated issues regarding the design, manufacture, and foreseeable uses of products. A Plaintiff will in all likelihood be unable to prove their case at trial without the use of expert witnesses. It is, therefore, important to understand the role that experts play in a product liability trial.

Florida’s Rules of Evidence Require Expert Witnesses To Testify In Regard to Complex Matters

The rules of evidence require the use of experts for testimony which relates to issues involving specialized knowledge, skill, or training. No individual will be permitted to testify in relation to such issues unless they are first deemed an “expert” by the Court. The determination of whether or not someone is an expert is made outside the presence of the jury. A person can be an expert on the basis of education, work experience, etc. Each side will be given the opportunity to present expert testimony – meaning that the defense will have the right to offer experts whose opinions differ from those offered by the Plaintiff’s experts.

If a matter goes to trial then the jury will determine the level of weight, if any, that is to be given to an expert’s testimony. The jury may decide that one expert is more credible than the other. The jury may also decide that no value should be given to the testimony of either side’s experts. Finally, the jury may decide to accept part of an expert’s testimony while disregarding the remainder. The level of weight which the jury will give to a particular expert’s opinions will always depend on the specifics of the case.

Expert Witnesses Will Be Required To Establish Liability

Establishing a defendant’s fault in a product liability case will require you to show that a product was designed, manufactured, or marketed in a way which led to harm. The expert needed to prove fault in such a matter will depend on the theory of liability which is being pursued.

Using Expert Witnesses To Prove Faulty Design

If you are claiming that a product had a design flaw then it will be necessary to utilize an engineer, or other design professional, as an expert witness. Suppose, for example, that an electronic toy overheats and explodes in the hand of the child. This overheating was caused due to poor battery placement. An engineer who can testify in regard to the need for proper ventilation in the toy, to prevent overheating, can offer their opinions as to whether the toy was improperly designed.

Proving a Product Was Defectively Manufactured

It is possible to bring a product defect case if an item was manufactured in a way that did not live up to the manufacturers specifications and the error caused injury to an end user. Suppose a cell phone producer’s equipment is not calibrated properly and the back of the phones are secured tighter than what the design specifications called for. This causes the battery to overheat and explode. Under this set of facts, it may be necessary for the Plaintiff to retain an expert who can testify in regard to how the manufacturing equipment should have been calibrated as well as quality-assurance steps which should have been taken by the manufacturing company.

Proving a Product’s Marketing Was Defective

A product’s marketing is defective if it leads an end user to utilize the item in a way that was not intended by the designer. In this type of case, it may be necessary to retain marketing professionals as well as engineers to establish a) how the product was intended to be used and b) how the public could be expected to use the product in light of the marketing that was presented.

Expert Witnesses Will Often Be Required to Prove a Victim’s Damages

Proving the amount of wages a victim has lost to date is relatively straightforward. The same is true for the amount of medical costs they have incurred to date. Each of these is simply a matter of adding up the missed earnings and medical bills. Future lost wages and medical expenses, however, will require the use of expert witnesses. 

A medical expert will be required to establish the extent, if any, to which a victim can expect to recover from the injuries. The medical expert will also offer opinions as to the need for future care, future surgeries, and the amount of pain the victim can expect to endure. Based on these long-term medical projections, a vocational expert can offer testimony as to how much the victim can be expected to earn for the remainder of their life. This will be compared to the amount which they could have expected to earn had the injuries not occurred.

Presenting Expert Testimony to the Jury

It is important to remember that presenting expert testimony to jurors requires that the information be presented in a way that is easily digestible. Many experts tend to speak in technical and complex language. Retaining an attorney who is experienced in dealing with experts, and presenting such testimony is important to making sure that vital information is not “lost in translation.”

It is also important that your attorney be able to adequately cross-examine the defense’s expert witnesses. As stated above, the defense will be permitted to present their own expert testimony. If the jury finds these experts more believable than yours, then your case may suffer a negative outcome. This is why your attorney must be able to show that the defense experts should not be seen as credible.

Contact a Florida Product Liability Attorney Lawyer Today

If you have been harmed by a defective product then it is important to retain an experienced lawyer to assist you. Experienced counsel will be familiar with the steps involved in securing expert testimony and in presenting complex facts to the jury. Our firm is dedicated to protecting the rights of accident victims and we pride ourselves on providing quality service. Contact us online or at 800-780-8607 to speak with a Florida product liability attorney.

The post The Role of Expert Witnesses in Product Liability Cases in Florida appeared first on Searcy Law.

Florida has beautiful weather year round. This means that people are likely to spend more of the year outside and are also likely to spend more time on the road. While there are many benefits to this, one downside is that more time on the road equates to a higher potential for car accidents. Understanding where some of the greater “danger spots” are can assist with you avoiding a wreck. If you have been in an auto accident, however, it is important to know what steps to take next.

Florida’s Ten Most Deadly Intersections

According to Speedwaymedia, the following were the ten most deadly intersections in the state of Florida as of July, 2022. 

1. Dixie Highway and Commercial Boulevard in Fort Lauderdale – Eight fatalities occurred just in 2017 at this intersection. This made the particular intersection the most lethal in Broward County.
2. Hillsborough Avenue and Fletcher Avenue in Tampa – Since 2012, this intersection has seen fifteen deaths and thirty-six total injuries. It is considered one of the most dangerous areas in Hillsborough County.
3. Highway A1A in Fort Pierce – Fort Pierce has been a hot spot of accident activity for some time. It has seen seven fatalities since 2016.
4. Jefferson and Palmetto Boulevards in Palm Beach – One of the most dangerous locations in all of Florida, this intersection saw fifteen deaths in 2016 alone
5. South Dixie Highway – This area is considered highly dangerous due to the high volume of traffic which it sees on a regular basis.
6. Brickell Avenue and Southwest 2nd Street in Miami – This is one of the deadliest intersections in Miami-Dade County. It saw five deaths in 2016 and it has continued to see a slew of accidents since then.
7. Pensacola Boulevard and Fairfield Drive in Pensacola – A lack of traffic lights is credited as being one of the reasons why this intersection has seen five deaths and thirty-one injuries.
8. North Federal Highway – This intersection has no traffic lights or other traffic regulating mechanisms. As a result, it was credited with eight fatalities in 2016.
9. Flamingo Road and Stirling Road in Pembroke Pines – This intersection saw twenty-one injuries in 2012 and is credited for eleven deaths.
10. Alton Road and Dade Boulevard in Miami – This intersection saw fifteen deaths in 2017. This included two accidents which were only separated by one day.

What To Do If You Have Been In a Car Accident

Seek Immediate Medical Care

The first step after any car accident is to seek immediate medical care. If you have been seriously injured then it is important that you do not decline an ambulance ride to the hospital. Even if you do not believe you are seriously injured, and no ambulance has been called, you should go straight to the hospital as symptoms of injuries can take time to display themselves. It is important that you seek immediate care as failing to do so can allow the defense to argue that your injuries were, in fact, caused by an event which occurred between the wreck and the time at which you sought care. Going to the hospital immediately can help to foreclose such an argument.

It is understandable that some people may decline care out of concern over expense. In most personal injury cases, however, medical providers are willing to accept a lien against an eventual settlement. This means that you will not have to pay up-front and out-of-pocket for care in many situations. Your lawyer can assist you with the handling of any liens related to your care. When selecting counsel, it is highly suggested that you retain a firm with a personal injury focus as they will have extensive experience in such matters.

Contact an Attorney Immediately

It is common for insurance adjusters to immediately contact a victim after a car accident. This can happen within as little as a day or two. The adjusters will often attempt to settle with you directly and will attempt to dissuade you from retaining counsel. They will often attempt to claim that retaining a lawyer will not help to obtain a higher settlement. It must be remembered, however, that these adjusters are employees of the insurance company. Their purpose is to protect the insurance company’s profits and it is not to ensure that you receive all of the compensation which you are entitled to. An attorney will serve as your representative and is charged with protecting your interests. Contacting counsel immediately is, therefore, vital.

Take the Advice of Your Attorney

Many accident victims wish to put the matter behind them as quickly as possible. This is understandable. This desire for a swift resolution can result in individuals accepting a “quick” settlement. Doing so can be detrimental as it may leave the injured individual without the money they need for future medical care and living expenses. Your attorney will advise you as to when is the best time to settle a case. Your counsel is charged with protecting your interests and they will offer honest advice as to whether an offer is the best you can expect in a particular situation. 

Your Right to Compensation In a Car Accident Case

If you have been involved in a car accident then you may be entitled to past and future lost wages, past and future medical expenses, and compensation for pain and suffering. The amount of compensation to which you will be entitled will always depend on the specific facts of your situation. An experienced lawyer will give you an honest assessment as to whether they believe the other side will be found liable, whether comparative fault is an issue in your case, and what the financial value of your case may be.

Contact a Florida Car Accident Attorney

If you have been involved in a wreck then the first step is to seek immediate medical care. You should then contact a lawyer immediately. Our firm understands that you are in a stressful situation and we will make sure that your rights are protected throughout the process. Contact us online or by telephone at 800-780-8607 to schedule a consultation with a Florida car accident attorney.

The post The Most Dangerous Intersections for Car Accidents in Florida appeared first on Searcy Law.

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s carrier. Understanding the workings of this system, as well as what to expect from dealing with insurance in general, can help you to understand what to expect from the process as your matter moves forward.

Florida’s No-Fault Insurance Law Requires You To Carry Personal Injury Protection (PIP) Coverage

All vehicles registered in the state of Florida are required to carry personal injury protection (PIP) coverage. This is a policy on your own insurance, against which you will make a claim, if you are injured by another driver. The minimum required amount of PIP coverage is $10,000, although a driver can opt for a greater policy. If your damages are in excess of the amount covered by your PIP coverage then you may file a claim against the other driver’s insurance. For all practical matters, any case involving serious injuries is likely to be in excess of this $10,000 threshold. 

There are several aspects of Florida law which you should be aware of when it comes to your PIP coverage. First, you must submit your PIP claim within two weeks of the subject accident. Second, only medical expenses incurred within the first two weeks, following an accident, will be eligible for PIP reimbursement. Also, PIP coverage does not reimburse you for one-hundred percent of your losses. Only eighty percent of your medical expenses will be reimbursed and the same is true for sixty percent of your lost wages. Furthermore, pain and suffering can be included in a claim against your PIP coverage. If your damages are in excess of the $10,000 cap then you may include pain and suffering as part of your claim against the defendant.

While dealing with your PIP coverage may sound relatively straightforward, it is strongly suggested that you retain a personal injury attorney to assist you. Mishandling a PIP claim can result in problems for your larger case, if not barring you from recovery altogether. By retaining experienced counsel, you help to ensure that your case is handled correctly.

PIP Coverage and Wrongful Death Claims

If a driver is killed in a car accident, their PIP coverage will typically pay out up to $5,000 for funeral costs. For obvious reasons, a wrongful death case is likely to have a value well in excess of the PIP policy limits. This means that the surviving family members of the deceased will be able to bring an action for the loss of companionship, earnings which the deceased could have expected to earn during their lifetime, as well as incurred medical expenses. Also, the defendant will be liable for pain and suffering which the deceased endured as well as the trauma suffered by the surviving family members.

Dealing With Insurance After Filing a PIP Claim

Submitting a Settlement Demand to the Insurance Carrier

If your damages exceed the limits of your PIP policy (again, they typically will), then your attorney will quickly inform the defendant’s insurance carrier that you are represented by counsel. The insurance carrier will then deal with your lawyer directly so that you may focus on your treatment. Your lawyer will submit a settlement demand to the insurance carrier once your long-term prognosis and chances of recovery are reasonably known. This demand will state the amount of compensation you are requesting, the basis of your calculations, and it will include documentation which supports your request. Your lawyer and the insurance carrier will then engage in back and forth negotiations. If a settlement cannot be reached then a lawsuit will be filed on your behalf.

Significant time may pass between the time of your accident and the time at which a settlement demand is sent to the insurance company. This is due to the fact that, as stated above, your long-term prognosis must be reasonably ascertainable before sending a demand. If you accept a settlement, without being more certain of your recovery, then you run the risk of settling for less than what you would actually be entitled to. An example of this would be if you were suffering from dizziness and headaches, following a wreck, and you believe that this problem will clear up. You accept a quick settlement and, when the neurological issues do not go away, you are unable to return to the workforce. The reduced settlement you accepted could very well leave you without the money you need to support yourself, and to pay for future medical care.

When deciding whether or not to accept a settlement, the most important thing is to take the advice of your attorney. Your lawyer’s goal is to get you the largest amount possible. Counsel will give you an honest assessment as to whether a current settlement offer is “the best you can do” or if it is better to wait for a larger amount.

Dealing With Insurance After a Lawsuit Has Been Filed

The defendant’s insurance carrier will continue to be involved in the case after a lawsuit has been filed. Your attorney will continue to negotiate a possible settlement, while they are litigating your case, through the insurance company’s lawyers. The insurance lawyers will be reporting directly to the insurance carrier and the insurance adjuster will need to approve any final amount. 

Contact a Florida Car Accident Attorney For Assistance With Your PIP Claim

If you have been in an auto wreck then you only have a limited amount of time in which you can submit a claim against your PIP policy. Retaining a lawyer as soon as possible is the first step to making sure that your case is handled correctly. Our firm is dedicated 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 car accident attorney.

The post What You Need to Know About Florida’s No-Fault Car Insurance Law appeared first on Searcy Law.

If you have been involved in a truck accident then you have likely suffered serious injuries. Even if your injuries are more minor, however, it is important that you seek immediate medical attention. Failing to do so can potentially result in you receiving less than the full amount of compensation to which you are entitled. In some situations it may even result in you being denied compensation altogether.

Obtaining Medical Treatment After a Truck Accident

Most truck accidents involve serious injuries to a victim. The reason for this is obvious, given that the typical passenger car is no match for an oncoming semi. After a wreck, an ambulance will often arrive on the scene to take the victim to an emergency room. It is important that this ride to the hospital, and subsequent care, not be refused. While some may be tempted to refuse this care, out of concern for its expense, cost should not be a deterrent for reasons explained later in this article.

There may be a temptation to avoid going to the hospital if you were involved in a truck accident but were not seriously injured. This may involve a situation in which you received cuts, bruises, or other injuries but the incident was not severe enough for an ambulance to be called to the scene. Reasons for not going to the hospital can include believing that it is not necessary or concern over the expense. 

Not obtaining immediate medical care after a truck accident can harm your case for the reasons explained below. It is, therefore, important that you not refuse an ambulance ride if one is offered. If you believe your injuries are not serious, and no ambulance ride is offered, then you should still go straight to the hospital for examination. Many injuries can have symptoms which do not manifest for some time.

Falling to Obtain Medical Care Can Result In the Defendant Claiming That Your Injuries Were Not Caused by the Accident

If you do not seek immediate medical care after a truck accident then the defendants are likely to claim that your injuries were not caused by the wreck. They will typically claim that, instead, your injuries were caused by some event which occurred in between the wreck and the time that you sought care. This can result in the insurance adjuster for the defendant attempting to deny your claim or in their offering you an extremely reduced settlement. If the matter proceeds to litigation, it can result in the jury potentially believing an argument that you were, in fact, not injured by the subject accident.

There are several steps the defense may take to create a narrative that you were not injured by the wreck. Suppose, for example, that two weeks pass in between the accident and the time at which you seek care. The defense can use discovery to request all of your bank records for that time. If they see that you are spending money in public locations, or on activities, then they may attempt to claim that you were in fact injured in a fall or while engaging in some type of event. The best way to foreclose these types of arguments is to go straight to the hospital after any accident.

The Defense May Attempt to Claim That You Did Not Mitigate Your Injuries After a Wreck

A defendant is liable for injuries which are caused by their negligence. A defendant will generally not be liable, however, for additional harm caused by neglecting to treat an injury. If the failure to seek immediate care results in your injuries being worse than they would otherwise have been, then it can be argued that you failed to mitigate your damages. This means, for example, that if your total losses are $1 million, but the jury finds that fifty percent of the harm came from you not going straight to the hospital, then it is possible you may only receive $500,000. While how a jury will rule in any given situation will depend on the facts of the matter, it must be understood that failing to seek immediate care can result in this type of situation.

The Cost of Medical Care Should Not Dissuade You From Seeking Immediate Treatment

It is possible that you may not wish to seek immediate medical care if you are concerned about the cost of treatment. This is understandable given the cost of healthcare in today’s society. Most personal injury victims, however, will be able to receive care without having to immediately pay the costs. Many medical providers are willing to place a lien on any eventual settlement in lieu of requiring immediate payment. This means that the hospital and doctors may wait until your case is resolved to be paid, as opposed to requiring you to pay the costs out of your own pocket. The possibility of utilizing liens, as opposed to paying for your care up front, is something you should discuss with your attorney.

In addition to the fact that costs can be deferred via a lien, it is also important to note that your attorney can often negotiate down the medical bills so that a settlement can be reached. This is common in situations where the high cost of medical bills need to be reduced so that an entire settlement is not eaten up by medical expenses, which leaves a victim with no motivation to settle. Such negotiations are common and an experienced attorney can help you with receiving such a reduction.

Seek Immediate Medical Care and Then Contact an Attorney After a Florida Truck Accident

If you have been hit by a semi-truck then it is vital that you seek immediate medical care. The second step you should take is to retain a lawyer as soon as possible. Our firm understands that this is a serious time in your life and we will give your case the attention it deserves. This includes staying in contact with your medical providers. If you need assistance then contact us online or by telephone at 800-780-8607 to speak with a Florida truck accident attorney.

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

Most people do not know what to do next after they have been involved in a truck accident. This is understandable given the extreme nature of such cases. Wisely, most victims immediately contact an attorney. It must be understood, however, that it may not be enough to simply call a lawyer. Your choice of counsel can have a dramatic impact on how your case is handled. This article will discuss the ways in which hiring an attorney with experience in such matters can benefit your case.

Truck Accident Cases Can Involve Multiple Parties and Multiple Theories Of Liability

An Experienced Attorney Can Identify The Relevant Parties In a Truck Accident Case

Trucking accident cases can involve multiple defendants. These parties can include the driver of the truck, the owner of the truck, any third-party management companies which the owner may have hired, entities who loaded the truck’s cargo, and more. Whether parties beyond the driver and their employer are liable, however, is a fact-specific inquiry which will depend on the particulars of the case. An experienced attorney will be able conduct an in-depth analysis of the facts and determine which parties should have claims brought against them. Given that failing to name a party can result in you not receiving your full amount of compensation, it is important to choose counsel who has the experience needed to analyze the situation.

An issue which can complicate the naming of all necessary defendants is the fact that trucking companies, as well as other relevant parties, may be part of a complex corporate structure. When an LLC is owned by a privately-held corporation, which is in turn owned by another LLC, then the possibility of not identifying all of the parties increases. By retaining an attorney with experience in such matters, you increase the likelihood that your counsel will be able to identify all of the relevant defendants.

An Experienced Attorney Can Employ Multiple Theories Of Liability

Numerous theories of liability can exist in truck accident cases. These can include claims of negligence against the truck’s driver, claims of negligent hiring and supervision against the driver’s employer, as well as claims against management companies and other third-parties. An experienced attorney will often be better suited to interpret the nuances in personal injury law which determine whether or not a particular theory of liability applies to your case. If all potential theories of liability are not explored then, again, you may not receive the full amount of compensation to which you are entitled.

An experienced attorney will also be familiar with the types of discovery needed to establish a particular theory of liability. Without conducting this discovery, a victim may find themselves believing that they have a particular claim against a certain defendant but will not have the evidence needed to prove it. This will result in the victim not being able to assert that claim even though the actual facts of the matter may support it.

Experienced Truck Accident Attorneys Will Be Able To Deal With Expert Witnesses

Expert witnesses are important in most truck accident cases. First, in regard to liability, such witnesses are often needed to establish whether the defendants were following industry standards in terms of maintaining the truck, etc. Also, an accident reconstructionist can be utilized to offer an opinion as to who was actually at fault for the wreck. Second, in regard to damages, medical and vocational experts will often be utilized to state the extent to which the victim has been damaged by the accident, whether they will be able to return to work, and how the situation has impacted their economic well being.

An experienced attorney will often have relationships with the type of experts needed to establish your claims in a truck accident case. Experienced counsel will also be more likely to know how to go about addressing any claims made by defense experts.

An Experienced Attorney Will Be More Likely To Have The Resources Necessary To See Your Case To Completion

Trucking accident cases can be extremely expensive for the law firm handling them. Your attorney will typically pay all of the litigation costs up front, including the costs of experts, and will not be reimbursed unless your case settles or you prevail at trial. Hiring a firm without the financial resources needed to see your case through to the end can result in counsel having to withdraw while your litigation is pending. This can delay your case or, worse, lead to a negative outcome. By retaining an experienced attorney, you hire a firm that will likely have a better understanding of the resources needed to handle such a matter. This makes them less likely to “get in over their head” which, unfortunately, happens from time to time in personal injury law. 

Ask Potential Attorneys About Their Prior Experience With Truck Accident Cases

It is important that you ask about prior experience when you are deciding which firm to retain for a truck accident case. Relevant questions can include asking the attorney about the percentage of their practice that is devoted to personal injury law. Are they a “personal injury lawyer” or are they a general practitioner who takes personal injury cases. It is also suggested that you inquire about prior truck accident cases the firm has handled as well as their financial capacity to retain necessary experts. Remember that your attorney works for you and it is entirely within your rights to ask such questions before hiring them.

Contact Us To Speak With A Florida Truck Accident Attorney

If you or a family member have been involved in a truck accident then it is important that you retain an experienced lawyer to assist you. Retaining experienced counsel, for the reasons explained above, can improve your chances of receiving the compensation you deserve. Our firm is dedicated to protecting the rights of individuals and we understand that this is a serious time in your life. Contact us online or call 800-780-8607 to speak with a Florida truck accident attorney.

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Insurance coverage is an important aspect of any personal injury case. The process of dealing with insurance adjusters can be complicated. This level of complication can be magnified for a number of reasons in truck accident cases. Understanding Florida’s no-fault insurance system, as well as the role of insurance companies in such matters, is important to ensuring that you receive the amount of compensation which you deserve.

Florida is a No-Fault Insurance State

Florida is one of a handful of states in the US which employs a “no-fault” insurance system. Under this system, all vehicle insurance policies must include a personal injury protection (PIP) provision and drivers must file a claim against their own PIP coverage before making a claim against a defendant. If a victim’s damages are less than the amount covered by their PIP coverage then the matter will be resolved. If their damages are in excess of what is covered by PIP (typically $10,000) then they may make a claim against the defendant’s insurance. It must be noted that PIP coverage does not offer compensation for pain and suffering and it only pays a percentage of medical bills and lost wages.

Truck Accident Victims May Have To Deal With Multiple Insurance Carriers 

An accident victim will have to deal with the defendant driver’s insurance in the typical car accident case. This is straightforward since such cases only involve one defendant – the other driver. Truck accidents, by contrast, can involve multiple defendants. This can involve the driver of the truck, their employer, the owner of the truck (if different than the employer), and other potential third-parties. While the driver of the truck and their employer will typically be covered by one insurance policy, other defendants will often have their own insurer. This can mean having to deal with adjusters from multiple insurance companies.

Consider the following example. Joe Driver is hit by Jack the truck driver. Jack is employed by a management company that was retained by the truck’s owner. It is determined that the accident was partially caused by a weight imbalance which stemmed from a third-party loading company improperly placing cargo on the truck. It is also shown that Jack, the truck driver, was under the influence of drugs at the time of the accident. Under this scenario, each of these parties may face liability. This could mean having to deal with one insurance adjuster for Jack and his employer, another for the owner of the truck, and another for the loading company.

Insurance Adjusters Will Often Contact You Immediately Following An Accident

It is common for insurance adjusters to contact accident victims and their families immediately after a wreck. These adjusters will often claim that you should deal with them directly and that retaining an attorney will not increase your eventual settlement. You must remember, however, that these adjusters work for the insurance company. Their goal is to protect their employer’s bottom line and it is not to ensure that you receive the money that you are entitled to. It is common for insurance adjusters to initially deny liability altogether, only to agree to a settlement once an attorney becomes involved. By retaining counsel you ensure that someone is looking out for your interests as opposed to the interests of an insurance company. This is why it is recommended that you retain an attorney and allow them to deal with the insurance adjusters directly.

Your Attorney and the Insurance Company Will Engage In Settlement Negotiations

Once you have retained an attorney, counsel will inform the insurance company about the representation. The insurer will then deal with your counsel directly. Once your long-term prognosis for recovery and damages can be reasonably ascertained, your attorney will send a demand for payment to the insurance company. This demand will include the amount you are requesting as a settlement, your basis for determining that amount, as well as documentation (such as medical bills) which support your request. Your attorney and the insurance company will then engage in back and forth settlement negotiations. If a settlement is reached then your case will be concluded. If an agreement is not reached then your case will proceed to litigation.

It is important to understand that settlement negotiations do not stop after a lawsuit has been filed. Your attorney will continue to try to reach a settlement while they are actively litigating the case. A difference is that, at this stage of the matter, they will primarily negotiate with the insurance company’s defense lawyers as opposed to the adjuster assigned to the matter. Any final decisions regarding settlement will still be made through the adjuster, however, and will simply be relayed through defense counsel. If you and your attorneys attend a settlement conference during the litigation, it is likely that the insurance adjuster will attend in addition to the insurance company’s defense lawyers. 

Your Case Will Likely Be Concluded Through a Settlement

Very few personal injury cases go to trial. This is also true for truck accidents. Unless there is a very clear dispute over liability, the amount of your damages, or whether your injuries were caused by the wreck, your case will likely settle without seeing the inside of a courtroom. Given that all settlements must be approved by the defendant’s insurance carriers, their role in such matters is highly important.

Contact a Florida Truck Accident Attorney as Opposed To Dealing With the Insurance Adjusters Directly

As discussed above, if you have been in a truck accident then you can expect the defendant’s insurance adjusters to contact you almost immediately after the accident. It is strongly suggested that you inform them that you will be retaining a lawyer and that you do not deal with them directly. Our firm is dedicated to protecting the rights of individuals over those of insurance companies. We take pride in providing a high level of representation 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.

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Being hit by a semi-truck can leave a victim seriously injured and unsure as to what they should do next. Understanding how the law applies to your situation can quickly become complicated. This is, in part, due to the fact that the negligence of numerous parties will play a role in determining the amount of compensation which you will receive. Parties whose conduct will be considered include the driver of the truck, their employer and other third-parties, as well as yourself. If you have been injured then do not try to navigate the system alone. Instead, contact us today to speak with a Florida truck accident attorney.

The Driver of a Semi-Truck Can be Found Liable if Their Negligence Causes an Accident

All drivers have a duty to exercise reasonable caution when operating a vehicle. This includes those who are employed to drive semi-trucks and other big rigs. This duty includes, among other things, a requirement to obey speed limits, to signal before changing lanes, etc. In the case of a truck driver, it can also include making sure that the semi is not overloaded, that all safety equipment is properly functioning, and more. If a truck driver violates these duties, and another person is injured as a result, then the driver may be liable for the victim’s damages. 

An injured victim’s compensation can include payment for past and future medical expenses, past and future lost wages, as well as for pain and suffering. Punitive damages will typically not be awarded on the basis of negligence, as such damages are reserved for cases where a defendant acts intentionally or with reckless disregard for the safety of others. Also, as explained below, it is important to note that a truck driver may be relieved from liability for any portion of damages which were caused by the victim’s own negligence.

A Truck Driver’s Employer and Other Third-Parties Can Be Found Liable For Negligence After an Accident

Employers are considered responsible for the negligent actions of their employees. This means, for example, that if a truck driver’s negligence causes an accident then liability automatically flows through to their employer. Additional causes of action, however, for negligence may exist against the employer. One such cause of action can be for “negligent hiring and supervision,” if it is shown that the employer did not adequately screen, train, or monitor the performance of the driver and this failure contributed to the accident.

An example of negligent hiring and supervision can be an employer who fails to conduct drug testing as part of their hiring process. Now suppose that the employer also does not conduct regular drug screening after a driver is hired. If a truck driver causes an accident, and it is shown that he or she was high on narcotics at the time, then the employer will likely be liable for failing to adequately screen and supervise the employee. It should always be remembered, however, that how a Judge or Jury will rule in any given situation will always depend on the specific facts of the case.

Additionally, other third-parties can be found liable for negligence in a truck accident case. Depending on the circumstances, these may include a third-party who hired the trucking company, the individuals or business entities who were responsible for loading the truck’s cargo, and more. Whether any such party can be found liable for the accident is a fact-specific inquiry which should be discussed with an attorney.

When discussing the potential liability of third-parties, it is important to note that Florida has abolished the concept of joint and several liability. Under this legal concept, a party could be made to pay all of a victim’s damages even if the party was only partially responsible for an accident. A third-party, for example, could be required to pay one-hundred percent of the damages, even if they were only ten percent responsible for the wreck, if the victim was unable to collect from the other defendants. Given that Florida has abolished the doctrine of joint and several liability, no third-party will be made to pay more than their share of the damages.

A Truck Accident Victim’s Own Negligence Can Reduce Their Potential Compensation

Florida has adopted the concept of modified comparative fault. Under this concept, a victim’s damages will be reduced by the extent to which they, themselves, were responsible for the accident. If, for example, a victim suffers $100,000 in damages but the jury finds that they were twenty-five percent responsible for the wreck, then the victim would only receive $75,000 ($100,000 – 25 percent). Determination of the fault, if any, that will be attributed to each party will be an issue for the jury in the event that a case goes to trial.

A key concept of the comparative fault rule is that a victim will receive no compensation if they are found to be more than fifty-percent at fault for the accident. So if the jury finds that the truck driver was only forty-percent to blame for the accident, and the injured party was sixty-percent responsible, then the injured party will receive no compensation for their injuries. This concept of modified comparative fault was adopted in Florida in early 2023. Our state had followed the concept of pure comparative fault, which was far more forgiving to Plaintiffs, before this change. Under this concept, a victim would be entitled to damages regardless of how much blame they shared for the accident. For obvious reasons, this system was far more favorable to Plaintiffs. 

Contact a Florida Truck Accident Attorney If You Have Been Injured

If you or a family member have been injured in a trucking accident then it is important that you hire an experienced lawyer to assist you. Our firm prides itself on providing a high level of service and we are dedicated to protecting the rights of individuals. Contact us online or call us at 800-780-8607 to speak with a Florida truck accident attorney. We look forward to being of assistance.

The post Understanding the Role of Negligence in Truck Accidents in Florida appeared first on Searcy Law.

Boating is a popular pastime in Florida. While being on the water can lead to a great deal of enjoyment, it can also lead to injuries. Understanding our state’s boating laws can help you to ensure that you stay safe. It can also assist with knowing how to proceed if you have been injured in an accident.

Florida’s Boating Laws and Staying Safe on the Water

There are rules of the water which must be obeyed just as the rules of the road when you are driving a car. Some requirements explicitly spelled out under Florida law, which boat operators must follow, include:

No boating under the influence (BUI) – It is illegal to operate a boat while under the influence of alcohol, just as it is illegal to operate a car while intoxicated. Under Florida law, anyone with a blood alcohol content (BAC) of .08 or higher is presumed to be intoxicated. In addition to being liable for any accidents caused, a drunk boat operator can be arrested for a crime. The hazards of operating a boat while intoxicated are obvious. The best way to stay out of such a situation is a) to refrain from drinking if you will be operating the boat, and b) to not get on a boat when you know the operator has been, or will be, drinking. 

Required accident reporting – If the operator of a boat is involved in an accident then they are required to report it immediately under certain conditions. These conditions include instances where anyone was injured to a point that they require more than simple first-aid, damage of property equaling more than $2,000, etc. An individual who fails to report an accident faces possible criminal penalties. Furthermore, if a victim’s injuries are worsened due to not receiving immediate treatment, due to an operator’s failure to report, then the operator may be liable for the worsened condition. For obvious reasons, it is important to report any accident which you are involved in. Moreover, if you observe an accident then it is wise to report it even if you were not involved. 

Required boat registration – Boats on the water are required to be registered, similar to a car registration. The registration number is required to be displayed on the boat. Having this registration number appear allows for people to identify a boat which has been in an accident. Just as someone may take the license plate of a car after an accident, it is possible to get a boat’s registration. If you are involved in an accident then, if possible, attempt to get the registration number of the other boat.

Following posted speed limits – Florida’s boating lanes have posted speed limits as do the roads. Operating a boat in excess of these limits can lead to injury, liability, and a criminal charge. If you are operating a boat then ensure that you obey any posted speed limits. If you are a passenger then urge the operator to do the same.

Florida Boat Operators Must Also Exercise a Reasonable Duty of Care

Anyone operating a boat has a duty to exercise reasonable care and to follow reasonable safety precautions. An operator who breaches this duty can be held liable if their breach is the proximate cause of a person’s injuries. While proving that the driver of a car breached their duty of care is often straightforward, matters can be more complicated when it comes to boats. This is due to the fact that the waters are not as readily policed and there typically will not be as many (if any) witnesses. The steps which an attorney will take in any boat accident case, to establish liability, will always depend on the specifics of the situation.

What to do if You Have Been in a Boating Accident

If you have been involved in a boating accident then the first step you should take is to seek immediate medical care. It is important that you go to the hospital, even if you do not believe your injuries to be serious. Some injuries can have symptoms which take time to show and you risk making your condition worse if you do not seek immediate care. Also, you potentially give the defense room to argue that you were not as seriously injured as you now claim. Once you have received care, it is strongly suggested that you discuss your situation with an attorney as soon as possible.

The first step your attorney will take will be to inform the defendant’s insurance company of the representation. This will allow the insurance company to deal directly with counsel while you focus on treating your injuries. Once your long-term prognosis is reasonably known, your lawyer will send a demand for payment to the insurer. The two sides will go back and forth in negotiations and, if a settlement cannot be reached, then counsel will file a lawsuit on your behalf.

Calculating Your Damages in a Boating Accident Case

An injury victim’s compensation in a boating accident case will consist of past and future medical expenses, past and future lost wages, as well as compensation for pain and suffering. In a matter involving serious injuries, the compensation for pain and suffering can be substantial. Such injuries can include a traumatic brain injury, neck and spine damage, the loss of a limb, or even a wrongful death. In extreme cases, such as those involving a defendant who was operating a boat while drunk, punitive damages may be appropriate. The determination of damages will always be an issue for the jury and no two cases are the same.

Call a Florida Boating Accident Attorney Today

If you have been injured by another person’s negligence then it is important that you immediately retain representation. Our firm understands that you are dealing with a serious situation and we will make your case a priority. Call us today at 561-285-8745 or contact us online to speak with a Florida boating accident lawyer.

The post Florida’s Boating Accident Laws: What You Need to Know to Stay Safe on the Water appeared first on Searcy Law.