Electrical accidents can be devastating to one’s life. Depending on the severity of the incident, injuries can range from a minor shock, to severe burns, to death. Understanding how to protect yourself against, and avoid, such accidents can be life-saving. It is also important to understand your rights if you have been electrocuted. This article will discuss each of these issues in turn.

Types of Electrical Accidents and Keeping Yourself Safe

Types of Accidents

There are many different types of accidents which result in electrocution. Some of the more common situations where an adult or a child can be electrocuted include:

• Using electrical items near water – Kitchen appliances, hair dryers, curling irons, and several other items are often used in close proximity to a sink. If these items get wet while plugged in then they can cause electrocution. These types of accidents can occur in places other than your home. Many hotels, for example, provide hair dryers and have electrical outlets which are quite close to the room’s sink. The risk that this creates is obvious.
• Frayed cords or other malfunctioning items – Frayed electrical cords or malfunctioning items can create sparks and can be dangerous to even touch in some circumstances. This is especially true if they are in a room with carpet and static electricity builds up as a result of you walking on the floor. 
• Faulty or aged electrical wiring – Most people who own a home or lease some type of commercial space typically cannot tell you how old the wiring is. Also, few conduct a full inspection to make sure that their wiring is up to code when they rent from a residential or commercial landlord. In addition to creating a fire risk, faulty wiring can result in someone being electrocuted when they plug an item in, when they flip a switch, etc.
• Failing to child-proof a building – If it is foreseeable that children will be in a home or other building then it should likely be childproofed. This includes putting protectors in electrical outlets, ensuring cords are out of reach, etc. If a child sticks their finger, or worse a metal object, into an unprotected socket then the risk of electrocution is obvious.

Safety Tips

There are several steps you can take in order to protect yourself and your loved ones from the risk of electrocution. These steps include:

• Ensure adequate space between electrical cords and water – If you are using an item such as a hair dryer then it is suggested that you utilize it near a mirror that is not next to a sink. Simply keeping electrical items away from water is one of the best possible safeguards. If you are in a facility such as a hotel, and have no other option for an outlet or mirror, then ensure that the cord is folded and away from the sink. Also ensure that the sink is dry and that the water is not running.
• Replace frayed cords or other items – It can be common practice to wrap a frayed cord in electrical tape. This tape, however, can easily come off. Also, it is common for people to continue to use electrical items which are not operating properly. Rather than trying to get a little more life out of a cord or an appliance, it is best to replace them.
• Have an electrician inspect the wiring – If you are renting or leasing a residence or commercial space then ask for documentation showing the last time that the wiring was inspected. If it has not been inspected recently, or if the previous inspector was not a licensed contractor, ask your landlord for a fresh inspection.
• Proper child proofing – Ensure that any place which may conceivably be exposed to children has covers on the electrical outlets. Also, make sure that there are not easily reachable metal objects near any outlets. Finally, to the extent possible, make sure the areas with in-use electrical plugs are blocked so children cannot unplug items and plug them back in.

You Have Rights If You Were Electrocuted 

If you have been the victim of an electrical accident then you may be entitled to compensation. If the accident occurred on someone else’s property then the property owner may have breached their duty to provide a safe environment for their invitees. As a result, you may be able to bring a premises liability action against them. If you were electrocuted in your own home, while using an appliance or electronic items as it was intended to be used, then you may be able to file a product liability case. The type of claim you may be able to bring, and whom you will file it against, will always depend on the specifics of the situation. 

The first step in protecting your rights is to seek immediate medical care. It is also important to document as much of what has happened as possible. This can include taking photos of where the incident occurred, writing down your memory of what happened as soon as possible, and asking those who witnessed the event to write down their account of it. If you were injured by an appliance or other item then it is strongly suggested that you keep and preserve it. You should then consult with an attorney as soon as possible. Counsel will take steps to demand that the responsible party preserve all available evidence. Your representative will also contact the insurance companies so that he or she may deal with them directly. This will allow them to focus on your case while you focus on regaining your health.

Call a Florida Personal Injury Attorney Today

If you have been injured in an electrical accident then you should contact a lawyer as soon as possible. Our firm is dedicated to protecting the rights of injury victims and we will work quickly to identify the possible defendants in your case. We understand that this is a serious time in your life and we will give your case the attention it deserves. Call us today at 561-285-8745 or contact us online to speak with a Florida personal injury lawyer.

The post The Dangers of Electrical Accidents in Florida and How to Stay Safe appeared first on Searcy Law.

Florida Governor Ron Desantis signed House Bill 837 into law in March of 2023. This change to our legal structure overhauls several important aspects of how personal injury cases are handled in our state. Perhaps the most important of these changes is that the new law abolishes Florida’s old pure comparative negligence system and replaces it with a modified comparative negligence system. This article discusses the recent change in Florida law as well as the complications which this can cause for plaintiffs in a personal injury case.

Florida Previously Employed a Pure Comparative Fault Negligence System

Florida previously was among a minority of states which employ a pure comparative fault negligence framework. Under this legal standard, a victim could recover damages regardless of the extent to which they were partially responsible for the accident. The recovering victim’s damages would be reduced by their share of the fault. This means, for example, that if a car accident victim suffered $100,000 in damages, and the jury believed that the victim was ninety-five percent responsible for the wreck, then the victim could still recover $5,000 ($100,000 – ninety-five percent). This system, by and large, protected the victims of serious injury cases against receiving nothing. Such victims may include those who have suffered a traumatic brain injury, damage to their neck or spine, and surviving family members in a wrongful death case.

Florida Now Employs a Modified Comparative Fault Framework

Our state’s new negligence framework is more similar to what is employed in most other states. Under a modified comparative fault framework, a victim’s damages are still reduced by their share of fault for the accident. Such an individual may not recover damages, however, if the jury finds that they were more than fifty-percent responsible for the wreck. 

Suppose Joe is approaching an intersection and has a yellow turn signal. Without looking or paying attention, Joe turns. Now suppose that Jack was approaching from the other direction. Jack is driving fifteen miles an hour over the speed limit and is texting while driving. A drug test also shows that he is high on marijuana while driving. Jack runs into Joe and causes Joe serious injuries. It is true that Joe was negligent in that he turned without looking at oncoming traffic. Given these facts, however there is a chance that the jury may find that Jack was more at fault for the accident than Joe. If this is the case then Joe would still be able to seek compensation. Given that Jack is likely more responsible for the wreck, he will not be able to recover damages. He may have been able to under our former pure comparative fault system.

Establishing Which Party is More at Fault Can Complicate a Personal Injury Case

The allocation of fault to each party can be quite subjective. It can be common for two people to look at the same set of facts and reach different conclusions. One person, for example, may believe that the parties share equal blame while another person may find that one party was more at fault than the other. The difficulty in determining fault means that Florida’s new law will make things more complicated for those dealing with insurance adjusters prior to filing a lawsuit. It can also change how a case is presented to a jury. Each of these issues will now be discussed in turn.

Insurance Adjusters May be More Likely to Deny Personal Injury Claims

The first step in gaining compensation for a personal injury is to submit a demand for payment to the defendant’s insurance company. It is common for insurance adjusters who handle such claims to assert that the Plaintiff bore some responsibility for the wreck. While the level of responsibility was a point of negotiation under the old system, it can now allow an adjuster to outright deny a claim under the new framework. It can largely be expected that adjusters will be quick to initially deny claims as a starting point of negotiations.

It is strongly suggested that you speak with an attorney before dealing with an insurance adjuster. It is common for adjusters to contact you immediately following an accident. They will often attempt to claim that you should deal with them directly and that there is no benefit to hiring counsel. Given this common practice, there is a high possibility that some accident victims will simply believe that their claim is denied and that they have no recourse. The truth of the matter, however, is that counsel will go back and forth with the adjusters. If an agreement for a settlement cannot be reached, then your attorney can file a lawsuit on your behalf.

Jurors Will Decide the Issue of Comparative Fault at Trial

If your matter does not settle then it will be necessary to file a lawsuit. In the event that the case goes to trial then the decision of how to apportion fault will be up to the jury. This means that your attorney must be able to present a clear, concise, and easy to follow narrative when presenting the case to the jurors. Furthermore, during closing arguments your counsel must be able to tie all of the evidence together in a way that clearly spells out fault. Retaining an attorney with extensive trial experience, and who is versed in personal injury law, is vital to ensuring that your case is presented to the jurors correctly.

Call a Florida Personal Injury Attorney For Assistance

If you have been injured in a car accident, a truck accident, or through some other form of negligence then you need quality representation. Our firm practices exclusively in the area of personal injury law and we understand that this is an important time in your life. We will make your case a priority and we look forward to being of assistance. Call us today at 561-285-8745 or contact us online to speak with a Florida personal injury lawyer.

The post What You Need to Know About Florida’s Pure Comparative Negligence System appeared first on Searcy Law.

One of the most important aspects of any personal claim is establishing the extent of your damages. Proving your damages is crucial due to the fact that, contrary to what some believe, a jury does not simply pull a number out of thin air when awarding money to a Plaintiff. Instead, the jurors will consider medical expenses, lost wages, and other factors when deciding on an award. This article will discuss the importance of medical documentation as a component of this process.

Medical Documentation Assists With Assigning a Value to the Plaintiff’s Injuries

How Damages Are Calculated in a Personal Injury Case

A jury will consider past and future lost wages, past and future medical expenses, as well as pain and suffering when it is determining the amount of damages to award a Plaintiff. In regards to the medical component of this equation, the amount for past medical expenses is straightforward. It simply involves tallying all issued bills. An award of future medical expenses will include money to pay for needed surgeries, rehabilitation, other medical appointments, medication, reimbursement for travel and time expended on attending appointments, etc. The determination of these future amounts will often require testimony from an expert witness.

Medical Documentation Helps to Prove a Victim’s Pain and Suffering

The type of medical documentation used in a personal injury case goes beyond bills and statements which list an amount to be paid. Such documentation also includes doctor notes, hospital records, and more. These types of detailed records, which document what all a patient went through, can help to give the jury a feel for the amount of pain, suffering, and inconvenience the Plaintiff has endured. When deciding the amount which a Plaintiff will receive for the distress they have suffered, a methodical presentation of medical records can be vital.

A Victim’s Records Will Be Sent to the Insurance Carrier as Part of a Settlement Demand

Many personal injury cases settle without the filing of a lawsuit. The first step in reaching a settlement is to send a demand for payment to the insurance adjuster. This is typically done once a victim’s long-term prognosis is reasonably ascertainable. The demand for payment will state the amount which the victim is requesting, how that amount was calculated, and it will include documentation supporting the request. Among this documentation will be medical records and billing statements.

Medical Documentation Can Show That a Plaintiff’s Injuries Were, in Fact, Caused by the Accident

It is common in personal injury cases for the defense to claim that a victim’s injuries were not caused by the subject accident. Such claims typically hinge on an argument that a) the victim’s injuries were pre-existing, or b) that the injury occurred during some other event which happened after the subject’s accident. Proper medical records can be used to dispel such claims. 

Proving That Your Injury Was Not Pre-Existing

The medical evidence which can be provided at a trial goes beyond the records relating to the accident itself. Records of prior checkups and doctor visits can be used to show that the injury did not exist before the subject accident. It is easy for your attorney to obtain these records. Counsel will simply have you sign a HIPPA release and your records will then be obtained from the provider. Your physician may be subpoenaed to testify in regard to the fact that the injury did not exist pre-accident.

Proving That Your Injury Did Not Result From Some Other Event

Defendants will sometimes claim that your injury was sustained due to some other event which occurred after the accident. This practice is especially common in instances where a victim does not immediately go to the hospital after an accident. By seeking immediate medical care, and providing documentation of it, you can eliminate any claim that the injury was not caused by the accident. Also, documentation of all medical appointments you have had, from the accident to now, can show that you did not go to the hospital for some other injury in the meantime.

It goes without saying that if you are seriously injured then you will likely be taken to the hospital by an ambulance. Even if you believe you are fine, it is important that you do not decline the care. Also, it is important that you immediately go to the doctor even in less serious cases where an ambulance is not necessary. Even if you believe that you are suffering no effects from the accident, some symptoms may take time to materialize. By going to the hospital immediately, you begin the process of documenting the severity of your injuries.

Medical Documentation Will Go Beyond Billing Statements

As explained above, medical documentation can show what you have had to endure as part of the treatment process. If you have been put through surgery, for example, then notes from the procedure will specifically state what was removed, what was repaired, the number of stitches used, etc. This can give a jury context when they are considering your request for damages.

Consider the following example: Joe is involved in a car accident and sustains severe damage to his knee. Joe has to have his meniscus partially removed, a ligament replaced, and has fifteen stitches put in his knee as a result of surgery. At trial, Joe will show the scar to the jury. Seeing records, and having the doctor testify in regard to the documentation, can help the jury understand what Joe has been through and the amount of pain he has endured.

Call a Florida Personal Injury Attorney

If you or a family member have been injured due to the negligence of another then it is important that you speak with a lawyer as soon as possible. You only have a limited amount of time in which you may file your claim. If you fail to meet your statute of limitations then you will be barred from recovery. Our office is devoted to protecting the rights of victims over those of insurance companies. We take pride in the level of service which we offer and we look forward to speaking with you. You may reach us by telephone at 561-285-8745 or you may contact us online to speak with a Florida personal injury attorney.

The post The Importance of Medical Documentation in a Personal Injury Claim in Florida appeared first on Searcy Law.

It is normal and reasonable to believe that all of the products on sale at a store are safe. The overwhelming majority of companies take the necessary steps to ensure that this is so. There are instances, however, when a product poses a danger to a consumer or their loved ones. Understanding the responsibility that manufacturers and retailers have in a product liability case is important to understanding your rights after you have been injured.

This article will discuss three specific topics. Issues which will be discussed include:

• The responsibility of manufacturers to ensure the safety of a product
• How retailers may be found liable for a product defect
• The complicated nature of such cases

Each of these points will be discussed in turn.

Manufacturers Have a Responsibility to Ensure the Safety of a Product

Liability can extend to every entity in the chain that interacts with a product. This includes the company which manufactures it. Manufacturers have a responsibility to ensure that they do not produce a faulty product. They also have a responsibility to not knowingly manufacture a defective product which is based on another company’s faulty design. 

Manufacturers Must Ensure That They Are Not Manufacturing a Defective Product

Companies which design a product provide specifications to the manufacturer. These specifications include the types of materials to be used, processes to be followed, and more. If the manufacturer fails to follow these specifications, and the result is a dangerous product, then they can be held liable if the dangerous condition leads to an injury.

Consider the following example. A cell phone company designs all aspects of their products and they outsource the manufacturing process to a third-party. The design of the company’s latest product calls for there to be a certain amount of space between the battery and the phone’s rear cover. This space is necessary so that the battery does not overheat. Unfortunately, the manufacturing company’s automated assembly process was not set correctly and the phones are shipped with rear covers that are pressed on too tightly. This creates a problem where the batteries begin to overheat and some phones explode. Under this scenario, the manufacturer would clearly be liable for failing to follow the design specifications.

Manufacturers Must Not Produce a Product Which They Believe Has a Design Flaw

Manufacturers can also be held liable for a product defect if they produce an item which they believed had a design flaw. Manufacturing companies are typically aware of all aspects of a product’s design. This is often a necessity so that they can design their production process. If a manufacturer analyzes a product for production, and they find the design to be inherently dangerous, then they may be held liable if they go ahead with the manufacturing. Whether a manufacturing company had reason to know that a design was inherently flawed is a highly fact specific issue.

Retailers May Be Liable For Not Ensuring That Products Are Safe

Retailers have a duty to take reasonable steps to ensure that the products which they sell are safe. Stores often make sure that designers and/or manufacturers go through a quality and safety check process before sending items to a retailer. In addition to requiring that companies have a quality control process, many retailers provide feedback as to what they require in order for a company to place products on their shelves. Finally, if a retailer learns that a product it’s selling is dangerous, then the retailer will generally have a duty to remove the items from shelves as soon as possible. A retailer who fails to take adequate steps to ensure that products are safe, may face liability.

Let’s continue with the example from above. A cell phone manufacturer secures the back of the devices too tightly and, as a result, there is a risk of the batteries exploding. Now suppose that consumers, as well as news outlets, begin to report that phones are overheating and some are exploding. Now suppose that the retailer does not remove the defective model of phone from the shelves until a week after reports about the problem begin to surface. During that week, someone buys a phone from the retailer and it subsequently explodes next to the person’s face. This causes burns. Under this scenario, the retailer may face possible liability for continuing to sell the phone after it knew of a potential problem.

Product Liability Cases Are Highly Complicated

Bringing a claim against the manufacturer of a defective product can be a highly complicated affair. Such cases will typically require the use of one, if not several, expert witnesses. These experts will review every step of the process which brought the product from its conception to the retail shelf. They will offer an opinion as to whether the manufacturer was negligent in their own right or if they had reason to know they were assembling a product with a design flaw. 

Bringing a successful case against a retailer can be even more complex. This is due to the fact that the retailer has the least to do with a product’s defective state of all the companies up and down the chain. While successfully suing a retailer is difficult, it is not impossible. 

In addition to the use of expert witnesses, product liability cases will also require your attorney to perform extensive discovery. Evidence obtained through the discovery process may include internal memoranda, company emails, correspondence between manufacturers, retailers, and other entities, and more. While the type of evidence needed will always depend on the specifics of the situation, retaining counsel with extensive experience in such matters will be crucial.

Call a Florida Product Liability Attorney

If you or a family member have been injured by a defective product then you may have a cause for action against several companies. These can include manufacturers as well as retailers. Retaining a lawyer with experience in such matters is important to ensuring that all liable parties are held to account. Call us today at 561-285-8745 or contact us online to speak with a Florida product liability lawyer.

The post The Responsibility of Manufacturers and Retailers in Florida Product Liability Cases appeared first on Searcy Law.

If you have been injured by a defective product then you may feel overwhelmed and unsure as to how you should proceed. While this is understandable, it is important that you take immediate steps to protect your interests. One of the first steps to take is to speak with an attorney who can handle your matter. This article will discuss how to choose a product liability lawyer. We will discuss specific things to consider about a firm as well as perspective questions to ask your potential lawyer.

Consider the Lawyer’s Area of Practice, Resources, and Communication Style

Select a Firm That is Devoted to Personal Injury Law

When you are choosing a lawyer then it is strongly suggested that you choose a personal injury firm as opposed to a firm which takes cases in personal injury law. By this we mean selecting counsel who devotes their entire practice to protecting the injured, as opposed to a firm which takes other types of cases (i.e. criminal defense, family law, etc.). Choosing a personal injury specific firm can be beneficial as product liability cases can be incredibly complex. An experienced PI firm will be more likely to have relationships with necessary experts. They will also be more likely to have experience which helps them to identify important issues in your case.

Select a Firm With the Financial Resources Necessary to See the Case to Completion

Product liability cases can be extremely expensive to handle. The costs incurred in handling such matters can include large fees paid to multiple experts, investigator expenses, court reporter fees stemming from depositions, and more. The firm which you hire will pay these expenses up front and will typically not be reimbursed unless you prevail at trial or settle the case. Given that the attorney may have to pay advance fees that can be as high as seven figures, it is important that you hire a firm with the resources to see the case through to the end. Unfortunately, it is not uncommon for an attorney to take such cases even though they lack the financial backing to do so. This can result in the attorney having to withdraw from your case while it is proceeding. Such a withdrawal can hurt your chances of being compensated.

How Often and How Well the Firm Communicates With You is Important

One of the most common complaints made against attorneys is that they fail to communicate with their clients. This can be especially problematic in product liability cases due to the complex nature of such matters. This complexity means that there will be many “moving parts” in the case and it is important that you be kept aware of the status of your situation. A firm with a stated policy with regards to returning phone calls, replying to emails, etc. is important. Also, it is important that your attorney discusses the matter with you in a way that is easily understandable. If counsel simply uses legalese in relaying information then the communication is not much more useful than if they had failed to communicate at all. Your initial consultation is an excellent opportunity to gauge how often and how well the attorney will communicate with you.

Questions to Ask Your Prospective Product Liability Lawyer

The questions which you should ask of your prospective lawyer will depend on the specifics of your situation and the nature of your case. For obvious reasons, you should ask them extensively about the topics discussed above. It is also strongly suggested that you ask them specifically about cases they have handled and steps they will take to identify the defendant(s) in a product liability lawsuit.

Ask Your Attorney About Cases They Have Handled

When you are consulting with prospective lawyers it is important to ask them about specific cases they have handled related to product liability. Questions about the cases they have handled should revolve around the outcome, how long the matter took to complete, and what the more challenging issues were. This will allow you to understand whether the attorney has actually handled such matters as opposed to whether product liability is simply a practice area which he or she advertises in. It will also help you to understand whether the attorney has also handled complicated product liability cases, as opposed to matters which have simply settled quickly.

When your attorney is describing other cases they have handled, they should be able to do so in a way that relates to your matter. They should, for example, be able to explain how other matters were similar to your case or how they were different. This is a sign that the attorney is able to identify the important issues in cases like yours.

Ask Your Attorney About Steps They Will Take To Identify The Defendants

Product liability cases can involve numerous defendants. Parties named in the case can include a manufacturer, a retailer, a distributor, marketing agencies, and more. Identifying each of the potential defendants, and how they share in liability, will be vital to making sure that you receive your full compensation. Steps included in identifying the defendants can include a detailed analysis of public records, retaining a forensic accountant to peel back the layers which exist when companies own other companies, and more. Your attorney should be able to provide a detailed explanation of how they will identify those who have helped cause your injury.

Call a Florida Product Liability Lawyer

If you or a family member have been injured by a defective product then it is crucial that you take immediate steps to protect your rights. Immediately contacting a qualified attorney is crucial. Our firm assists with such matters and we will give your case the attention it deserves. This includes staying in regular communication with you and making sure you know what to expect as the case moves forward. Call us today at 561-285-8745 or contact us online to speak with a Florida product liability lawyer.

The post How to Choose the Right Product Liability Lawyer in Florida appeared first on Searcy Law.

Dealing with insurance companies is something which will begin immediately after a car accident and will not conclude until your case settles or goes to trial. Knowing what to expect from these companies is important to making sure that you are protecting your rights throughout the process. This article will discuss the roles which insurance companies play in a Florida car accident case.

Car Accident Victims Are Often Quickly Contacted By Insurance Adjusters

It is common for an adjuster from the defendant’s insurance company to contact you immediately following a car accident. These adjusters will typically claim that you do not need legal representation and that it is best for you to deal with them directly. They will also often claim that having an attorney will not increase the amount which you will receive as a settlement. The truth of the matter, however, is that these adjusters are employees of the insurance company. Their role is to protect the profits of the insurance company and not to ensure that you receive the full amount of compensation which you are entitled to. It is not uncommon for adjusters to initially deny liability in a case, only to make a settlement offer after the victim retains an attorney. For these reasons, it is strongly suggested that you speak with an attorney immediately and that you inform any adjusters who contact you that they may deal with your representative.

A PIP Claim Will be Filed Against Your Insurance

Florida is a “no fault” accident state. Under this system, any registered vehicle must carry personal injury protection (PIP) insurance. When a victim is injured they must first file a claim against their own PIP coverage. If their damages exceed the amount to be paid by their PIP coverage then they may file a claim against the defendants insurance. The mandatory amount of PIP coverage is $10,000. A victim’s damages will likely be above this amount in any case involving a serious injury. Examples would include cases involving traumatic brain injury, neck or spine damage, matters involving broken bones, etc.

Your PIP coverage will only cover eighty percent of your medical expenses and it does not provide compensation for pain and suffering. This means, for example, that if a victim is in a minor wreck and has soft tissue damages which resulted in $10,000 of medical expenses, then the victim will receive $8,000. Furthermore, your PIP coverage will only cover sixty percent of your lost wages, up to a $10,000 cap. So if a victim suffers $5,000 in lost wages, PIP will reimburse them $3,000 ($5,000 * .6).

A Demand Letter Will Be Sent to the Insurance Adjusters Once Your Damages are Reasonably Ascertainable

Your attorney will send a settlement demand to the insurance adjuster once your damages are reasonably known. This demand will state the amount you are requesting and a breakdown of how that amount was calculated. It will also include supporting documentation such as medical bills, paystubs, etc. It is important to understand that your damages will not be reasonably ascertained until more is known in regard to your long-term recovery. Suppose, for example, that the doctors will not be sure as to whether you will regain mobility for at least six months after a surgery. For obvious reasons, the amount you will demand for a settlement will be far greater if you will be suffering from a long-term disability. It will be less if you regain full mobility. Substantial time, therefore, will lapse before a demand is made to the adjuster since the amount you will demand, and what the insurance company will pay, depends on knowing your recovery prognosis.

Your Attorney Will Engage In Negotiations With The Insurance Adjuster

Back and forth negotiations will commence once the settlement demand has been sent to the insurance adjuster. The adjuster may attempt to deny liability on the grounds of comparative fault. The adjuster may also dispute the amount of damages which you are claiming. These disagreements can sometimes be resolved by submitting additional documentation which supports your claims. The more severe and complex your injuries, then the more that negotiations are likely to drag on before a settlement is reached.

The Case Will Proceed To Litigation if a Settlement is Not Reached

If your attorney cannot reach a settlement with the adjuster then a lawsuit will be filed and the case will proceed to litigation. This, however, does not mark the end of settlement negotiations. The adjusters, through the insurance company’s lawyers, will continue with settlement negotiations. These negotiations can be ongoing as the case proceeds. Also, if discovery establishes additional proof of the defendant’s fault then the insurance company will often soften its posture on the case. Very few cases actually proceed to trial. If a lawsuit is filed in your matter then there is a good chance that the case will settle before the matter proceeds to trial.

If your case does proceed to trial, and a verdict is issued in your favor, then the insurance company will issue the appropriate payments. You must note that the insurance company will not pay out more than the defendant’s policy limits. If a verdict is for an amount in excess of these limits, then any difference can be the subject of a separate collection action against the defendant.

Contact a Florida Car Accident Attorney

If you were involved in a wreck then it is strongly suggested that you contact a lawyer as opposed to dealing with insurance yourself. If you accept a quick settlement then there is a chance that the amount you receive will not cover your full losses. Our firm takes pride in the level of service which we provide to our clients and we are devoted to protecting the rights of individuals over insurance companies. Contact us online to speak with a Florida car accident attorney or call us at 561-285-8745 today. We look forward to speaking with you.

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The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law enforcement’s determination is not the final word on the matter. A defendant will often claim that the victim’s own negligence contributed to the accident or that the victim was the cause entirely. Fortunately, there are steps which an attorney can take to assist you with the establishment of liability in a car accident case. 

This article will discuss the following:

• The use of discovery to establish liability
• The use of expert witnesses to establish liability
• The importance of building a case in regard to fault

Each of these topics will be discussed in turn.

Using Discovery to Gather Evidence of Liability

“Discovery” is the process by which information is gained from the other side in a lawsuit. This process provides multiple tools and each serves a specific purpose. The tools available through discovery include:

Interrogatories – These are written questions to which the opposing party must provide written answers. In a car accident case they can be used to have the defendant describe their version of the events and to articulate why they contend that they are not liable for the wreck. Also, they may be used to gain information which shows whether or not the defendant should be operating an automobile. For example, a defendant can be asked to list all medications which they are currently taking. The nature of such medications may assist your attorney in showing that the defendant should not have been behind the wheel of a car.  Interrogatories may be used to identify other potential sources of evidence.

Requests for Production – These are requests to the defendant for records, documents, and other tangible items. A defendant can be required to produce their bank records, for example. If such records show the defendant spent money at a bar just before the accident, then their sobriety can become an issue to raise. Furthermore, it is possible to obtain the defendant’s phone records, which may establish whether they were texting or talking on the phone at the time of the accident.

Depositions – Depositions involve a party or witness answering questions while in the presence of a court reporter and while under oath. This creates a record of the witness’ version of events. Should they attempt to change their testimony at trial then the transcript of their deposition may be used to demonstrate that they have previously testified differently. Besides the defendant, important witnesses to depose can include medical providers. Such providers who can testify as to whether the defendant has a medical condition which hinders their ability to drive. Also, if evidence shows that the defendant was in a bar or restaurant then it is possible to depose the wait staff as to how much alcohol the defendant may have consumed. These are just a few examples of how depositions can be useful.

Subpoenas – Subpoenas can be used to gain evidence from third-parties. Examples can include demands that medical providers provide the defendant’s medical records (after the defendant has signed a HIPPA release through a Request for Production). Such records can show if the defendant had a medical condition which hindered their ability to drive. Subpoenas may be served upon most third-parties and can be used to gather a wide range of information.

Using Expert Witnesses to Establish Liability

There are times when it is necessary to retain an expert witness to aid with the establishment of liability. An accident reconstructionist, for example, will visit the scene of the wreck and analyze other information so they may issue a report as to how the wreck likely occurred. Information reviewed by an accident reconstructionist can include police reports, an inspection of the wrecked vehicles, photographs of the scene, skid marks, etc. Should the matter go to trial then the expert will offer their opinions to the jury. The jurors will decide what weight, if any, should be given to the expert.

It is important that you choose a firm with significant financial resources when you are selecting a personal injury attorney to handle your case. Expert witnesses can be expensive and these fees are paid up front by your lawyer. Furthermore, your lawyer will typically not be reimbursed for these fees if you do not prevail at trial or otherwise settle. Retaining an attorney who lacks the necessary resources to hire such a professional can mean being forced to go without needed testimony at trial. This, in turn, can result in a negative outcome for your case.

The Importance of Building a Case in Regard to Liability

If you have been in an accident then it is vital that your attorney utilizes the discovery process discussed above. They should also retain an expert if they deem it necessary. Contrary to what is depicted in popular media, television, and movies, cases are not won with “surprise” evidence that is only uncovered at the last minute. Instead, cases are won at trial by presenting evidence which has been methodically obtained throughout the process. If you do not engage in this process then you will be without needed evidence at trial. The process of accumulating evidence can be lengthy. It is, therefore, important that you retain an attorney at the outset of your case so they may begin gathering evidence.

Contact a Florida Car Accident Attorney Today

If you have been involved in a wreck then it is important that you retain a lawyer with extensive experience in handling such matters. Qualified counsel will know what steps to take to establish the defendant’s liability and will quickly begin the process of doing so. Our firm is devoted to handling such matters and we believe in protecting the rights of individuals who have been harmed by another. Contact us online to speak with a Florida car accident attorney or call us at 561-285-8745 today.

The post How to Prove Liability in a Car Accident Case in Florida appeared first on Searcy Law.

All auto wrecks can result in severe harm to a victim. This is especially true in cases involving a truck accident. It almost goes without saying that the typical passenger car is no match for an oncoming semi. Understanding the different types of injuries which can result from such an accident is important to knowing what you should expect from the legal process. This article will discuss the most common injuries which truck accident victims suffer, what to expect while you are treating your injuries, and how your damages will be calculated in such a matter.

Common Injuries in Truck Accident Cases

Wrongful Death

It is common for trucking accidents to result in the wrongful death of the victim. If a semi hits a passenger car at a higher speed, there is a good chance that the victim’s vehicle will be propelled a significant distance. Furthermore, if a truck makes an illegal lane change and crushes a car into a barrier then it is possible that the victim’s vehicle will be completely crushed. Even in situations where the victim does not pass away at the scene, complications from severe injury can lead to the unfortunate loss of life. 

Head Trauma

If a victim suffers a severe blow to the head then they may suffer a traumatic brain injury (TBI). This can result in permanent memory loss, a lack of equilibrium, problems using one’s extremities, and more. Even if one does not suffer such a serious brain injury, they may very well receive a concussion. This can cause grogginess and a loss of mental acuity. Even minor head injuries can have symptoms which linger for a long period of time. 

Spine and Neck Injuries

Injuries to the neck and spine can result in damage which ranges from short-term tingling in your joints to permanent paralysis. Treatment for these types of injuries can involve numerous surgeries as well as the permanent fusing of joints. If an accident has caused your neck or spine to be compacted, or twisted in an unnatural way, then it is vital that you seek immediate medical care. 

Other Injuries

There are several types of serious injuries besides those listed above. Being hit by a semi truck can easily result in broken bones, extreme damage to your joints, cuts, and emotional trauma. The rehabilitation from any serious injury can be lengthy and the victim may very well suffer permanent scarring. Furthermore, it is not uncommon for a victim to be not quite the same again if they require reconstructive surgery.

Treating Your Injuries After a Truck Accident

Those who have suffered any of the injuries listed above will likely face a lengthy treatment process. Victims often have to undergo multiple surgeries and it is typically not known for some time whether or not they will make a full recovery. The fact that a victim must treat for a significant period of time is a significant consideration in such matters. This is due to the fact that no settlement offer should be accepted until you have a reasonable degree of certainty as to the extent to which you will fully recover. If you accept an early settlement, out of a belief that you will make a full recovery, then you will go without needed compensation if you do not fully regain your health. This can mean not having needed money for lost wages, medical expenses, and more.

Damage Calculations For Injuries Sustained in a Truck Accident

There are several aspects which factor into the calculation of your damages after a truck accident. A victim will be entitled to remuneration for past and future lost wages, past and future medical expenses, as well as pain and suffering. If the driver of the truck, as well as the owner, were truly reckless in the conducting of their affairs then punitive damages may also be appropriate. While tallying medical bills which have already been paid, and wages which have already been lost, is straightforward, the determination of future losses is not. An assessment of future medical needs, as well as of future lost wages, will typically require an assessment from expert witnesses. Should the matter go to trial, then the weight of an expert’s opinion about the future will be determined by the jury.

The damages awarded for a serious injury can be substantial. If, for example, the victim is unable to return to the workforce then they must be compensated for a lifetime of lost earnings. This is in addition to the emotional trauma which will accompany having to live life in such a state. In extreme cases, which result in wrongful death, the surviving family members may bring an action. In addition to being compensated for a lifetime of lost earnings and incurred expenses, such family members can be compensated for the loss of companionship.

A final point on the topic of damages is that any award will be reduced by the victim’s share of fault for the accident. Under Florida’s comparative fault law, if a victim is no more than fifty percent responsible for the accident then they can still receive compensation. If, for example, a victim suffers $100,000 in damages, and the jury finds that they were twenty percent responsible for the accident, then the victim will recover $80,000 ($100,000 – 20 percent). If it is found that the victim was more than fifty percent at fault for the accident then they will recover nothing. 

Contact a Florida Truck Accident Attorney Today

If you have suffered a serious injury due to another’s negligence then it is important that you immediately protect your rights. This is especially true in cases involving a semi as such matters can involve multiple parties and will become quite complicated. Our firm is dedicated to protecting the rights of individuals and we take pride in the service we offer. Contact us online to speak with a Florida truck accident attorney or call us at 561-285-8745 today.

The post The Different Types of Injuries Resulting from Truck Accidents in Florida appeared first on Searcy Law.

Truck accidents and auto wrecks occur every day in the United States. Unfortunately, Florida has been shown to be more prone to experiencing truck accidents on our highways than other states. If you have been hit by a semi on one of these highways, then you may be entitled to compensation. Contacting an attorney is the first step in ensuring that your rights remain protected after such an event.

This article addresses the following topics:

• Identifying the most dangerous highways in Florida
• The common causes of truck accidents on these highways
• What to do if you have been involved in a trucking accident

We will address each of these issues in turn.

Florida’s Most Dangerous Highways

Florida is home to five of the ten most dangerous highways in America, per ValuePenguin. Specifically, the deaths on each of these highways, from highest to lowest, ranked as follows::

1. US-1 
2. I-95 
3. US-41
4. I-75
5. US-27

As shown on this list, US-1 was the worst and on this road alone 570 deaths stemmed from 534 crashes. The worst portion of this loss occurred in Brevard County, which saw 87 deaths. Miami-Dade County saw 75 deaths, while Monroe County experienced 72 fatalities.

570 people were killed in 534 crashes, resulting in 106.7 deaths per 100 crashes. Most of these deaths (87) occurred in Brevard County, followed by Miami-Dade County (75) and Monroe County (72). These numbers only include deaths, however. They do not account for the large number of people who suffered serious injuries on these highways. Furthermore, the numbers do not account for the extensive amount of property damage which occurred.

Common Causes Of Truck Accidents

Truck accidents can be caused by a number of events. Each of these events can result in liability against the truck’s driver, its owner, and potentially other third-parties. Some of the more common causes of truck accidents include:

• Negligent operation of the vehicle – Truck drivers have the same duty as anyone else to pay attention to the road and to be mindful of their surroundings. This duty also includes an obligation to consider the speed at which the truck can take a corner, the amount of time needed to safely change lanes, etc. If the driver of a semi fails to exercise proper safety then they, and the owner of the vehicle, may face liability.
• Distracted Driving – All drivers have an obligation to pay attention to the road. This extends to truck drivers. Unfortunately, the rise of smartphones has led to an increase in distracted driving. If a truck driver is texting, reading email, or looking at social media then they are breaching their duty of care. An examination of phone records, and social media accounts, may be able to show that the driver was engaging in such activities at the time of the accident.
• A failure to screen and supervise drivers – The owner of a semi truck has an obligation to adequately screen their employees before hiring them. They must also properly train and supervise their employees after they are hired. These obligations can include pre-employment drug screening, ongoing drug testing, and closely monitoring the hours which the driver logs on the road. While the owner of the truck will be vicariously liable for the driver’s negligence, they can face additional liability if they fail to adequately screen and supervise their employee.
• Faulty or improperly maintained equipment – The driver of a semi-truck as well as the owner have an obligation to ensure that the big rig’s equipment is properly maintained. This can include, for example, ensuring that the tires are not overly worn and prone to blow outs. This obligation can also include regularly checking the braking system, turn signals, and other necessary safety equipment. An examination of the truck, after the wreck, may reveal whether necessary safety equipment was faulty.

What To Do After a Truck Accident

If you have been involved in a trucking accident then there is a good chance that you have been seriously injured. The victim of such an accident will often be transported to the hospital by ambulance. Even if your injuries are not as severe, it is important that you do not refuse medical care. Doing so can provide the defendant(s) with an opportunity to claim that your injuries, in fact, did not stem from the accident.

Once you have received immediate medical care, the next step is to speak with an attorney as soon as possible. Counsel will immediately help you to file a claim against your personal injury protection (PIP) insurance. This is a necessary first step under Florida law. Once it is established that your injuries are in excess of your PIP coverage then counsel will assist you in identifying all possible defendants and submitting a demand for payment. If a settlement is not reached then counsel will file a lawsuit on your behalf.

It is important that you follow your attorney’s advice while the case progresses. Matters which involve serious injuries can take some time to settle. If you do not allow this process to run its course, and you accept a “quick” settlement, then there is a chance that you will not receive the money you need to cover your future financial losses and medical expenses. Remember that your attorney is charged with protecting your best interests. They will give you an objective opinion as to when is the optimal time to accept a settlement offer.

Contact a Truck Accident Attorney For Assistance

If you or a family member have been hit by a semi then you should contact a personal injury lawyer as soon as possible. Counsel will take the immediate steps necessary to file a PIP claim and deal with the insurance adjusters. This allows you to concentrate on regaining your health. Our firm is proud of the level of service which it provides and we look forward to speaking with you. Contact us online to speak with a Florida truck accident attorney or call us at 561-285-8745 today.

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