If you’ve lost a loved one too soon and a corporation is to blame, it can be hard to accept what has happened. Far too often, corporations put their profits before people’s safety—whether this means selling dangerous products, ignoring the need for maintenance or repairs, or forcing their drivers to spend too many hours behind the wheel. The only solace for families in this situation is that corporations can be held legally accountable, and holding them accountable starts with hiring a Florida accident lawyer to file a wrongful death claim on your family’s behalf.

5 Key Legal Considerations for Families Coping with a Loved One’s Wrongful Death

When you hire a Florida accident lawyer to file a wrongful death claim, your lawyer will assess all potential grounds for seeking just compensation on your family’s behalf. Your lawyer will also walk you through the process of filing a wrongful death claim and explain what you can expect during (and after) the process. While there are unique aspects to every family’s circumstances, the following are some of the key considerations for protecting your family’s legal rights:

1. Filing a Wrongful Death Claim Starts with Identifying the Corporation that is Responsible

Filing a wrongful death claim against a corporation in Florida starts with identifying the corporation that is responsible for your loved one’s untimely passing. While this can be fairly straightforward in some cases, it is often easier said than done.

This is one of the first areas in which an experienced Florida accident lawyer can help. By conducting a comprehensive investigation, your lawyer can identify the corporation that is to blame for your family member’s death. While this might involve conducting an on-scene investigation or examining the vehicles or property involved, it might also involve obtaining internal corporate records and other forms of documentation. The key is to preserve the available evidence before it disappears—which is one reason why it is important to speak with a lawyer as soon after a fatal accident or incident as possible.

2. Even After a Wrongful Death, Corporations Will Still Put Their Profits First

Even after a wrongful death, corporations will still put their profits first. Unfortunately, no matter what happened, you should not expect the corporation that is responsible for your loved one’s death to do the right thing. You will need to be proactive about asserting your legal rights, and you will need to hire an experienced Florida accident lawyer who can protect you and your family against the corporation’s defense tactics.

3. You Can (and Should) Rely on Your Florida Accident Lawyer to Seek Accountability on Your Family’s Behalf

When you hire a Florida accident lawyer to represent your family, you can (and should) rely on your lawyer to seek accountability on your family’s behalf. To do so, your lawyer will take several steps, including (but not limited to):

• Investigating the Fatal Accident or Incident – As we mentioned above, it is important to investigate a fatal accident or incident as soon as possible. This is true whether your loved one was killed in a vehicle accident, in a maritime or aviation accident, in a product or premises-related accident, or due to medical malpractice.
• Filing Your Family’s Wrongful Death Claim – Once your lawyer investigates and identifies the corporation that is responsible for your loved one’s untimely death, your lawyer will file a wrongful death claim on your family’s behalf. While this may involve suing the corporation in court, it may also involve dealing with the corporation’s commercial liability insurer.
• Presenting Evidence of the Cause of Your Loved One’s Death – Your lawyer will use the evidence gathered during the investigative process to prove the cause of your loved one’s death. Proving “causation” is a key step in the process. If the corporation’s insurance company accepts liability, then the next step is usually to focus on settlement negotiations. If it denies liability, then it may be necessary to take your family’s case to court.
• Seeking a Just Resolution – Whether through the settlement negotiation process or at trial, your lawyer will seek a just resolution on your family’s behalf. Your lawyer will use his or her experience to establish accountability, help you make an informed decision about settlement (if a settlement offer is on the table), and prove that the corporation is liable in court if necessary.

Along with taking these steps, your lawyer will also undertake the extremely important step of determining how much your family is entitled to recover. Losing a loved one can impact the rest of your life in ways you couldn’t have previously imagined, so it is important to ensure that you are seeking the full financial resources you and your family will need for the future.

4. You Should Expect the Process to Take Time

Given all of the steps involved, you should expect the process to take time. You will need to resist the temptation to focus on resolving your family’s case quickly instead of focusing on maximizing the corporation’s financial liability. We know it can be difficult, but taking this approach will be worth it in the end.

5. While Settling May Be the Best Option, Your Family May Also Be Able to Secure More Compensation at Trial

In this same vein, a settlement offer can seem like the light at the end of the tunnel, and in some cases, it is. But, not all settlement offers are reasonable—and, as we’ve said above, corporations will put their financial interests first. If going to trial is the best option for seeking justice for your family, then rejecting an unreasonable settlement offer is the right thing to do.

Discuss Your Family’s Wrongful Death Claim with a Florida Accident Lawyer at Searcy Denney

If you need to know more about the legal considerations involved in filing a wrongful death claim against a corporation in Florida, we encourage you to contact us for a free consultation. To speak with an experienced Florida accident lawyer at Searcy Denney in confidence, please call 800-780-8607 or tell us how we can help online today.

The post Filing a Wrongful Death Claim Against a Corporation in Florida: Legal Considerations appeared first on Searcy Law.

Collisions involving cars, trucks, and other vehicles cause extremely serious injuries on an almost constant basis in the Tallahassee area. What is scary to realize is that very often, those suffering from severe or even life-threatening injuries often do not realize that they have been hurt.

Injuries to the brain or internal organs are not always apparent, even to the trained eye of a paramedic. If you don’t receive a thorough medical evaluation after an accident, you risk suffering serious consequences, both to your health and finances. It is not so much a question of whether to seek medical treatment but when and how to do so. Based on our years of experience helping accident victims recover their health and financial resources after collisions, we know that a visit to the ER after an accident is often a wise move, but you need to be aware of your other options.

Call 911 and Let First Responders Do Their Job

Even if you feel fine after a collision, it is always a good idea to contact emergency services and get professional help on the scene. Police can set up a protective perimeter and analyze the scene, reporting details that can provide valuable evidence later. Medical personnel can assess injuries and treat or stabilize conditions as necessary. If paramedics recommend that you be transported to the hospital in an ambulance, follow their guidance. They know more about the situation than you do. For instance, they may know that if you arrive at the hospital in an ambulance, you will be examined by doctors within a few minutes, whereas if you drive yourself to the emergency room, the crowded conditions will require you to wait hours even to see a nurse.

Remember, however, that paramedics and other first responders have nowhere near as much medical training and experience as doctors and nurses. If they tell you that you’re “fine” or don’t seem injured, that should not be the final word on the subject. You still need to undergo a thorough medical examination, but you may not need to ride in an ambulance, particularly if the ambulance is needed for someone with more obvious injuries.

A Thorough Medical Exam May Detect Hidden Injuries

Some injuries do not show symptoms immediately after they occur, and it is not until hours or even days later that they cause problems that are readily detectable. Other injuries display very subtle symptoms that can only be detected by a doctor with the right training, equipment, and experience. Injuries that may be overlooked at the scene of a collision include:

• Head injuries, including traumatic brain injuries
• Damage to internal organs
• Soft tissue injuries such as whiplash
• Damage to the spine, such as a herniated disk
• Bone fractures
• Emotional trauma such as PTSD

It is important to receive a comprehensive medical exam after an accident to detect these and other types of injuries. One of the easiest ways to see a doctor for this type of exam is to go to the emergency room (ER), which hospitals sometimes refer to as the emergency department (ED). 

So that the doctor knows what to look for, explain that you were in a car accident and describe any sensations that you have noticed, no matter how slight. If you have pictures of the accident scene and your vehicle, you can show them to the doctor to give the physician an idea of where your body may have received the greatest impact.

A Trip to the ER Could Preserve Your Right to Legal Recovery

Receiving a thorough medical exam from a doctor at the hospital can not only protect your physical health but also your financial future. When you’ve suffered injuries in a collision that was caused by the negligence or recklessness of another, you may be eligible to receive compensation to cover a multitude of losses and to provide resources to meet your needs for the future. However, to receive damages for your medical bills, lost wages, pain, suffering, and other losses, you need proof that your injuries were caused by the collision. 

Receiving a complete medical exam right after the accident gives you written medical records of your condition and can be used to show that physical and mental health problems suffered are the result of that accident. If you wait a long time before seeing a doctor, the insurance companies and attorneys for the others involved in the collision will argue that your injuries were caused by something else. Medical records from a visit to the emergency room can show both the severity of your injuries and the causal connection you need for recovery.

Visiting an Urgent Care Facility Instead of a Hospital Emergency Room

In recent years, numerous small facilities have started offering “urgent care” with shorter wait times than hospital emergency rooms. If you go to one of these facilities after an accident, you may receive evaluation and treatment much sooner than if you make the trip to the hospital. But is it a good alternative?

Generally, urgent care facilities do not have the ability to conduct many diagnostic tests, and you may be seen by a nurse practitioner rather than a physician. Medical staff may either not recognize a serious injury or be unable to treat it and refer you to the hospital. While treatment at an urgent care facility is better than not receiving any medical care at all, after a car accident, it is probably not your best option. If you are unable to get to the hospital or to your regular doctor right soon after the accident, make a note of the reasons why, such as bad weather or car trouble. Try to get a thorough exam within 72 hours of the accident if possible.

Don’t Wait to Contact an Attorney

After you take steps to receive the necessary medical diagnosis and treatment, it is also a good idea to protect yourself by contacting a personal injury attorney for advice as soon as possible. At Searcy Denney, our experienced legal team provides free case evaluations. We offer advice to help you avoid mistakes that could jeopardize your right to recovery and assistance in gathering evidence to support your claim for damages. 

Insurance companies try to take advantage of you while you’re in a vulnerable position, so it is important to understand and protect your legal rights immediately after an accident. To learn more about the ways we can assist you or to get an evaluation of your claim, call us now at 888-549-7011 or contact us online.

The post Should I Go to the ER After a Collision? appeared first on Searcy Law.

When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts who can help prove both: (i) that your family is entitled to just compensation; and (ii) how much your family is entitled to recover.

Expert witnesses play a vital role in all types of wrongful death cases. Whether you lost a loved one due to driver negligence, medical malpractice, or any other form of negligence or wrongdoing, you will need a wrongful death attorney in Florida who has strong working relationships with expert witnesses skilled in helping prove families’ legal rights. At Searcy Denney, we have been representing Florida families in wrongful death cases for decades, and we work closely with numerous experts who have extensive experience helping our clients secure just compensation in settlement negotiations and in court.

Types of Expert Witnesses in Florida Wrongful Death Cases

There are many different types of expert witnesses who can assist with different aspects of proving grieving families’ legal rights in Florida wrongful death cases. To effectively prove your family’s legal rights, it may be necessary to engage multiple experts who can prepare reports and provide testimony on various aspects of your family’s wrongful death claim. Some examples of the types of expert witnesses we frequently engage to assist with proving our clients’ legal rights include:

• Accident Reconstructionists – Accident reconstructionists use various forms of data and evidence to piece together the events leading up to a fatal accident. They rely on specialized knowledge and state-of-the-art technology to create extremely accurate computer models of vehicle collisions, building collapses, aviation and railroad accidents, and other incidents resulting in wrongful death.
• Engineering Experts – Engineering experts assist with families’ wrongful death claims by examining the vehicles or structures involved to determine what went wrong and who (or what company) is to blame. In fatal auto accident cases, for example, we will engage engineers to examine each of the vehicles involved in order to assess factors such as the speed and direction of impact and whether any vehicle maintenance issues or defects played a role in the collision.
• Financial Experts – Financial experts assist with families’ wrongful death claims by calculating and documenting the long-term financial costs of a loved one’s untimely passing. This includes direct out-of-pocket costs such as psychological care and costs for childcare, cleaning, landscaping, and other services, as well as loss of the victim’s income and benefits through his or her anticipated date of retirement.
• Medical Experts – Medical experts can provide reports and testimony regarding the specific cause of death. They can also provide reports and testimony regarding whether the family’s loved one survived for a period of time; and, if so, the physical pain and emotional trauma he or she experienced before passing away.
• Mental Health Experts – Mental health experts can provide additional insight into the fear, anxiety, and trauma fatal accident victims experienced in their last moments of life, which are all key factors in wrongful death cases under Florida law. They can provide reports and testimony regarding family members’ emotional losses and psychological harm as well—which are also losses for which substantial financial compensation may be warranted.

Depending on the nature of your family’s case, it may be necessary to work with other experts as well. Additionally, within each of the broad areas listed above, there are different types of specialists in different fields. For example, while some engineers have expertise in vehicle design or product manufacturing, others specialize in areas such as construction, aviation and railroad safety. An experienced wrongful death attorney in Florida will be able to determine what types of experts are needed to help prove your family’s claim, and then your attorney will be able to work with these experts to prepare and present the evidence needed to present a strong claim for damages.

How Expert Witnesses Can Help with Your Family’s Wrongful Death Case

Broadly speaking, there are three ways that expert witnesses can help with wrongful death cases under Florida law. The role of an expert witness will typically be to assist with one (or more) of the following:

1. Demonstrating the Victim’s Cause of Death

The first way expert witnesses can help is by clearly demonstrating the victim’s cause of death. This is an essential step in all wrongful death cases under Florida law. Whether through accident reconstruction, medical examination, or other means, relevant experts can use their knowledge to conclusively establish what happened and who (or what company) is to blame.

2. Clarifying Technical Issues Related to Liability

Expert witnesses can also help by clarifying technical issues related to liability. For example, in the case of a fatal truck accident, there may be questions as to whether the truck driver is responsible or an issue with the truck itself left the truck driver helpless to avoid a fatal collision. This is a critical distinction, as it will determine whether the truck driver’s employer or the truck’s manufacturer is liable. Similar technical issues can arise in other types of wrongful death cases as well; and, here too, relevant expertise will be critical.

3. Establishing the Family’s Claim for Damages

Finally, expert witnesses can help by establishing families’ claims for damages. This includes both determining what types of damages eligible family members are eligible to receive and how much they deserve to recover. While no amount of money can ever compensate for the loss of a loved one, seeking the full compensation you and your family deserve is essential for achieving some measure of justice and closure.

Contact Us to Speak with a Wrongful Death Attorney in Florida for Free

If you need to know more about filing a wrongful death claim, we encourage you to contact us for a free, no-obligation consultation. To discuss your family’s legal rights with a wrongful death attorney in Florida, please call 800-780-8607 or tell us how we can get in touch online today.

The post The Role of Expert Witnesses in Wrongful Death Litigation in Florida appeared first on Searcy Law.

Aggressive drivers often act like they are more important than everyone else on the road. One tactic they use is to follow so closely that the driver in front feels obligated to speed up. Other times, drivers tailgate to get ready to make a dangerous pass or simply to show their dominance. Regardless of the reason for tailgating, when a driver follows the vehicle ahead too closely, they are very likely to cause an accident.

When that happens, how do you prove that the tailgating led to the collision? How do you show that the other vehicle was following too closely? Our attorneys have extensive experience in handling car accident claims, and we use several strategies to prove the liability of drivers who tailgate. Every situation offers unique evidence and special opportunities to establish liability, but here are some of the most common means of proving that the vehicle behind was following too closely.

Look for External Video

Very often, a driver’s actions are recorded on video by traffic cameras, security cameras, or dash cams installed in a vehicle nearby. The trick is to find the video and take the right legal action to preserve the footage before it can be erased or recorded over.

A seasoned accident attorney will know where to check and locate video cameras that might show the driver’s behavior in the time leading up to the accident. New traffic cameras are being added all the time. When approaching businesses and homeowners about the footage on their security cameras, a request from an attorney often meets with more success than a request from an unknown private individual.

Attorneys also know how to subpoena to obtain footage and how to preserve it so it will be available when needed. We can isolate frames to present still pictures as well as moving images showing a driver’s dangerous tailgating behavior.

Look for Witnesses

Eyewitness accounts often provide the best evidence that a driver was following too closely. The witness could be someone from your own vehicle, another car or truck on the road, or a pedestrian or bicyclist in the area at the time. While the most effective testimony comes from impartial witnesses who saw the moments leading up to the crash and the impact itself, if someone noticed the driver’s tailgating behavior before the accident but didn’t see the accident itself, that testimony could still prove quite valuable.

After a collision, it is very helpful to have someone gather the contact information of every potential witness in the vicinity. Taking photos can help, too, because facial recognition software can be used to identify and locate witnesses later. These witnesses are often more willing to speak to an attorney contacting them in a professional capacity than to a private individual contacting them in a personal capacity, and our legal team often assists with locating and interviewing witnesses to accidents.

Remember, too, that the words of the driver who was tailgating might be used as evidence. If the driver admitted to a law enforcement official or someone else that they were tailgating or said that they were driving too slow, those statements could also help demonstrate their liability.

Get the Police Report

After an accident of any type, it is always helpful to call the police to the scene and get them to file a report on the incident. Police are trained to investigate and note important facts that provide clues to the cause of the accident. So, obtaining a copy of the police report provides you with a valuable source of information that can demonstrate that the driver who caused the accident was following too closely. Moreover, this evidence is considered of the highest reliability and is very difficult for insurance companies and defendants’ attorneys to refute or ignore. So getting a copy of the police report is a critical way to prove liability for a rear-end collision or other accident caused by tailgating.

Consult an Accident Reconstruction Specialist

Sometimes, the evidence available through the usual sources does not clearly demonstrate how the responsible driver’s actions caused an accident. In these types of cases, we will often turn to an accident reconstruction specialist who can serve as an expert witness. These specialists analyze the available photos and accounts to develop models and other tools to show what happened in the moments before and during the collision.

You Have the Power to Collect Valuable Evidence

If you are carrying a cell phone with you at the time of a collision, then you have a tool to gather essential evidence to show that the driver who caused the accident was following too closely. For instance, you can take photos of skid marks showing that the driver slammed on the brakes but that the effort failed to prevent the collision because they were too close. Photos of damage to the vehicles and other aspects of the surrounding scene can be used by an accident reconstruction expert to show what happened. In addition, photos of witnesses can be used to identify and locate them later to collect their testimony.

If you are too injured or dazed to take photos immediately after the accident, it is a good idea to send your attorney or another party to the scene to take pictures as soon as possible after the accident.

And, of course, if you have a dash cam in operation at the time of the collision, your footage could clearly provide valuable evidence of tailgating.

Searcy Denney Helps You Recover Maximum Compensation When a Tailgating Driver Causes an Accident

Injuries and damage from a car accident can change your life in an instant. While no amount of compensation can ease your pain or restore the time and abilities you lose because of your injuries, receiving a sizable damage award provides a sense of justice and gives you resources to meet your future needs.

At Searcy Denney, our team understands how to demonstrate liability efficiently and effectively so that you can receive full compensation for all of your losses after a car accident. We urge you to contact us for assistance and guidance as soon as possible after an accident so we can start gathering valuable evidence and building your case for recovery. Get started with a free case evaluation by calling 888-549-7011 or contacting us online now.

The post Tailgating: How to Prove That a Vehicle Was Following Too Closely appeared first on Searcy Law.

When you suffer serious injuries in an auto accident, proving what happened (and who was at fault) is essential for recovering the financial compensation you deserve. While Florida personal injury lawyers can use various forms of evidence to prove their clients’ legal rights, in many cases, one of the most important types of evidence is witness testimony.

Witnesses can help with auto accident claims in several ways. The key is knowing how witnesses can help in your case. When you hire a lawyer to represent you, your lawyer will investigate to determine who (if anyone) is available to provide testimony in support of your claim for just compensation.

5 Ways Witnesses Can Help with an Auto Accident Claim in Florida

With this in mind, here are five examples of roles that witnesses can play in Florida auto accident claims:

1. Corroborating Your Version of the Events

One way witnesses may be able to help with your auto accident claim is by corroborating your version of the events. Even if you know exactly what happened, you unfortunately cannot expect the insurance companies to take you at your word. They are going to second-guess you, and they are going to look for any evidence that might call your version of the events into question.

If a witness—who has no stake in the outcome of your auto accident claim—confirms what you tell the insurance companies or what you say in court, this can go a long way toward verifying your credibility. This, in turn, can make the insurance companies more likely to settle for the financial compensation you deserve.

2. Filling in the Gaps

If you are fuzzy on some of the details of your auto accident, witnesses may also be able to fill in the gaps. While some accident victims have time to see what’s coming, many people have no idea that they are about to get hit. If you don’t know exactly what happened in the moments leading up to your accident, eyewitnesses who saw the accident from an outside perspective may be able to provide critical details on your behalf.

3. Disputing the Insurance Companies’ Allegations of Comparative Negligence

Witnesses can also help with disputing insurance companies’ allegations of comparative negligence. Under a change to Florida’s personal injury laws that took effect last year, the insurance companies can deny compensation to accident victims who are deemed more than 50 percent at fault in their collisions.

As a result, it is now even more common for the insurance companies to try to blame accident victims for their own injuries. If the insurance companies accuse you of being partially at fault, witnesses may be able to testify that there was nothing you could have done to avoid the collision. Other evidence may be available as well; but, here too, the first-hand account of an unbiased observer can be key evidence for protecting your legal rights.

4. Providing Photos and Videos They Took at the Accident Site

Another way witnesses may be able to help with your auto accident claim is by providing copies of photos or videos they took at the accident site. Even if you were able to take photos or videos with your phone in the aftermath of the accident, having another perspective could still be extremely helpful. If you weren’t able to take photos or videos, finding out if anyone else has documentation of the crash site could be especially important.

In many cases, witnesses will be more than happy to share their photos or videos—and they may even post them online. But, if necessary, your Florida personal injury lawyers can issue a formal legal request. This is a common part of the auto accident claim process, and the ability to secure necessary evidence through formal legal means is one of several reasons why it is critical to have experienced lawyers on your side.

5. Verifying Key Details Supported By Other Evidence

Finally, just as witnesses can corroborate your version of the evidence, they can also verify key details supported by other evidence. For example, let’s say you got rear-ended, and there are tire marks on the road that support this. You may even have photos showing your damaged vehicle in front of the other driver’s vehicle with a damaged front end. In this scenario, a witness may be able to confirm that you stopped safely, and that you were coming to a gradual stop (or perhaps already stopped) when you got hit.

Who Can Serve as a Witness in a Florida Auto Accident Case?

This discussion raises another important question: Who can serve as a witness in a Florida auto accident case? The short answer is that anyone who saw what happened can potentially testify on your behalf. Some examples of potential witnesses in auto accident cases include:

• Your passenger (or your driver, if you were a passenger)
• Other drivers
• Other passengers
• Pedestrians and cyclists
• Workers who were in the vicinity of the crash site at the time of the collision

While witness testimony is not strictly necessary when pursuing an auto accident claim, it can be extremely helpful. As a result, it is well worth hiring a team of experienced Florida personal injury lawyers to investigate and determine if any witnesses are available. Of course, if you were able to collect any witnesses’ information at the crash site, you should share this information with your lawyers as well. Since memories can fade quickly, it is best if you contact a law firm as soon after your accident as possible.

Contact the Florida Personal Injury Lawyers at Searcy Denney for Free

Do you need to know more about dealing with the insurance companies and protecting your legal rights after an auto accident in Florida? If so, we encourage you to contact us promptly for an initial consultation. To speak with the Florida personal injury lawyers at Searcy Denney for free, call 800-780-8607 or tell us how we can reach you online now.

The post The Role of Witnesses in Florida Auto Accident Claims appeared first on Searcy Law.

Many people are aware that if they are injured due to someone’s negligence in a car accident, slip and fall incident, medical malpractice, or other situations, an experienced personal injury attorney can file a legal claim to obtain financial compensation. However, the details of the process and the problems that can occur if you say or do the wrong thing are not well understood.

With decades of experience working to obtain the maximum damage award for those who have been injured by the wrongdoing of others, the team at Searcy Denney knows that it is a good idea for every accident victim to understand how to protect their right to recovery and what needs to happen in order for them to obtain full compensation. In many cases, a request for production is a key part of the process, so here’s what it means and how it works in the context of a personal injury lawsuit.

Information is Power in a Lawsuit

Whether you are the party suing to obtain relief or the party defending against the claim and trying to avoid paying damages, you want to obtain as much information as possible about all aspects of the claim and the incidents leading up to it. Knowledge is power, particularly when that knowledge is backed by evidence that you can introduce in court. Having the right information allows you to prove that you are entitled to compensation under the law—and how much compensation you should receive. If you are on the defense side, the right information can enable you to prove that you are not legally responsible and don’t need to pay anything.

Although people tend to picture lawyers arguing aloud in court when they think of lawsuits, the fact is that most of the work occurs long before anyone enters the courtroom, and the case is often won or lost based on the information gathered during the phase of the lawsuit known as discovery.

Lawyers Use a Variety of Discovery Tools to Acquire Information

After the lawyer representing the victim of a truck accident or other incident files a lawsuit against the individual or company responsible for causing the accident and injuries, that party has a chance to file an answer in court, and then the case enters what is known as the discovery phase. This phase is usually the longest part of the legal process.

During the discovery phase of a case, both parties investigate to determine what happened and why. They conduct independent investigations, but they also use legal tools to gain information from each other. These discovery tools include:

• Interrogatories
• Depositions
• Requests for Admissions
• Requests for Examinations or Inspections
• Requests for Production

Interrogatories are written questions submitted for written responses from the other party. Depositions are sessions where parties meet in person for oral question-and-answer sessions. When someone files a request for admission, they are asking the other party to admit to certain facts so that the scope of the case is more focused. A request for an examination or inspection involves getting an exam by a doctor or allowing the opportunity to examine tangible items held in the other party’s possession.

So, what is a request for production? It amounts to a demand for one party to hand over documents to the other party. Florida law requires parties to a case to cooperate in the discovery process, but sometimes, an attorney can present a legally valid reason for refusing to provide certain information or limiting the scope of the information.

What Kinds of Documents are Involved in a Request for Production?

Attorneys for both sides will usually file requests for the production of documents in a personal injury case. For instance, the attorney representing a person injured in a collision with a dump truck may request the maintenance records of the truck to find out when the brakes and other components were last inspected. Or the attorneys representing the trucking company may request the medical records of the accident victim to determine the severity of the injuries and their connection to the collision.

A request for production could include documents involving:

• Employment history of the victim (to determine damages for lost wages)
• The driver’s training and disciplinary records
• Company policies
• Records from individual doctors as well as medical facilities
• Maintenance logs
• Accident reports

In addition to requesting documents, a request for production could also involve a request to provide footage from surveillance cameras or other evidence.

What Role Do Requests for Production Play in Your Case?

As we noted above, information is power in a lawsuit, and a request for production is often one of the most effective ways of gaining information. However, you need to know what to ask for and how to examine the documents once you have them to obtain the details that are critical to proving your case. This is where the experience of your legal team makes all the difference. 

Attorneys with the right skills and experience will know which information to request initially and how to follow up with further requests based on the information revealed in the initial request. At the same time, they will know how to comply with requests from the other side without unnecessarily revealing information that could prove harmful to the case.

Our Legal Team Keeps You Informed Throughout Your Personal Injury Case

At Searcy Denney Tallahassee, we believe that when you work with our team, you have the right to be kept informed of the progress of your case. When we are in the discovery phase, it can seem like nothing much is happening, but we are busy working to obtain vital evidence to prove liability and gain the recovery you deserve. We keep you informed of the progress of the process and provide guidance on what you should do (and avoid doing) to give yourself the best chance of obtaining full compensation for pain, suffering, and other losses.

If you were injured in an accident caused by someone else’s negligence or other wrongful behavior, we invite you to schedule a free case evaluation and consultation. We can explain your options and help you better understand your rights and the legal process—including requests for production and other discovery tools that could be used in your case. Call us today at 888-549-7011 or contact us online to get started.

The post Request for Production: What it Means for Your Personal Injury Case appeared first on Searcy Law.

Federal government agencies such as the Federal Motor Carrier Safety Administration work vigilantly to research the causes of truck accidents and ways to improve safety for truckers and other motorists on the road. While the safety requirements have doubtlessly saved many lives and prevented or reduced the severity of accidents, the increased traffic on the roads today and the size and weight of modern trucks mean that federal regulations have not been able to eliminate injuries from truck accidents in Tallahassee.

However, the regulations can actually make it both easier and more difficult for truck accident victims to recover compensation. To understand why, it is important to understand these regulations, the basis for truck accident claims, and how successful attorneys work to recover compensation for those who suffer devastating injuries.

Types of Federal Trucking Regulations

Some trucking regulations are geared toward safety, while others are designed to regulate interstate commerce. For our purposes, we will just examine a few of the major regulations that pertain to safety. In many cases, the regulations apply not only to tractor-trailers on the interstate highways but also to trucks such as:

• Dump trucks
• Cement mixers
• Delivery vans
• Garbage trucks
• Tanker trucks
• Transport trailers and flatbed trucks
• Utility vans

While the majority of trucks on the road in Tallahassee are commercial vehicles, trucking regulations often apply to private vehicles as well.

Limits on Hours Drivers Can Operate

Because driving while fatigued can be just as dangerous as driving under the influence of drugs or alcohol, federal regulations set limits on how many hours a commercial driver can operate without taking a long off-duty break. Drivers hauling freight (as opposed to bus drivers transporting passengers) are required to take a 30-minute break after eight hours of driving. In addition, they are allowed to drive no more than 11 hours before they are required to take a break of at least 10 hours, and they cannot drive beyond the 14th consecutive hour after ten hours off duty. So even if a driver takes breaks, they still must have a long period of rest before driving again. The law also sets limits on how many days a driver can operate before needing to take at least 34 hours off duty.

Training Requirements and Operating Standards

Federal laws also require drivers to have additional training and certification to obtain a commercial driver’s license to operate certain types of vehicles or drive in certain situations. 

In addition, the laws set higher standards for those operating commercial vehicles. For instance, although drivers of private vehicles are generally allowed to operate after drinking alcohol as long as their blood alcohol level is below the .08% level, the level is lower for drivers with a commercial driver’s license.

Driving Log Requirements

Commercial truck drivers are required to log their activities while working, including breaks taken and results of inspections. Many commercial vehicles are now set up to record information automatically to comply with requirements.

Inspection Requirements

One of the most important sets of federal requirements involves inspections of vehicles. Regulations require drivers or other truck company employees to ensure that equipment is working properly at intervals. This includes:

• Lights
• Brakes
• Windshield wipers
• Mirrors
• Engine components

If any component of the vehicle is not operating correctly, operators are required to file a report and take corrective actions. However, drivers under pressure to stay on schedule can be tempted to skip inspections or ignore problems.

Size Restrictions

Federal rules set limits on the length and weight of vehicles, and these can set restrictions on when and how a truck can operate. For example, if a truck has more than three axles, it generally must operate only in the right lanes at a speed of no more than 55 miles per hour. In addition, if a tractor-trailer exceeds 65 feet in length or weighs more than 80,000 pounds, it may not be permitted to operate or be required to operate with special assistance, such as protective signage, lights, and spotters.

If a truck exceeds the limits or operates without required protections, it can put those in other vehicles at serious risk of injury.

How the Regulations Impact Truck Accident Claims

To succeed in a lawsuit or obtain a fair settlement for injuries suffered in a truck accident, attorneys representing the victim generally need to establish that someone was negligent or reckless. A showing of negligence requires proving that:

• The person alleged to be negligent owed a duty of care to the victim
• The person alleged to be negligent failed to fulfill that duty and didn’t act with reasonable care
• The failure to act with reasonable care caused the truck accident
• The truck accident caused injuries to the victim

Usually, the most difficult aspects of an injury claim are demonstrating that the responsible person didn’t act the way they should have and that if they had acted appropriately, the accident and injuries would not have occurred.

When an attorney can show that a truck driver or trucking company did not follow the safety procedures required by federal regulations, that can be straightforward proof of a failure to act with reasonable care. It makes one step in the process easier. So, federal regulations can make it easier to demonstrate liability and recover damages in a truck accident claim.

However, sometimes, federal regulations can make it more difficult to demonstrate negligence. If the driver or trucking company complied with safety requirements related to the cause of the accident, an attorney may need to present expert testimony or other evidence to show why the company or driver should have done more to keep others on the road safe.

Find Out Whether Federal Regulations Can Make it Easier for You to Recover Damages After a Truck Accident

If you were injured in a truck accident, you may be entitled to compensation for not only economic losses such as medical bills, lost wages, and future needs, but you can also receive damages to offset your pain, suffering, and other effects on your life. These intangible effects are often compensated more highly than economic losses.

To find out what your case may be worth and whether the experienced team at Searcy Denney can use federal regulations to help prove liability in your case, we invite you to contact us for a free consultation and case evaluation. To get started, call 888-549-7011 or reach out through our website.

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Attorneys who handle significant numbers of truck accident cases in Tallahassee have noticed some new trends with regard to truck accident lawsuits. While an experienced attorney will be aware of the changing focus and new requirements, it is helpful for anyone who may have a truck accident claim to be aware of the trends as well.

Becoming informed about your rights, legal options, and the tasks needed to obtain recovery is the first step toward succeeding with a truck accident claim. Here are some recent trends to keep in mind.

The Increase in “Nuclear” Verdicts

The U.S. Chamber of Commerce Institute for Legal Reform reports a sharp increase in the number of truck accident lawsuits where victims received more than $10 million in damages. They refer to these as “nuclear” verdicts. Comparing data over decades, the research team noted that within recent years, incidents of truck accident cases with multi-million dollar verdicts or settlements have “skyrocketed.” It has become more common for truck accident lawsuits to involve liability from more interested parties as well.

While these are nationwide trends, the impact is particularly noticeable in the Tallahassee area because of the increase in both commercial and private traffic on the roads.  

Investigations and Claims Increasingly Rely on New Forms of Technology

Technology is changing all aspects of our lives, and truck accident litigation is no exception. Trucking companies are using a variety of tech tools to monitor trucks and track driver behavior. Among these tools are electronic logging devices that record the number of hours drivers work to ensure that they are complying with regulatory limitations. Many trucking companies also use video cameras and telematics to keep track of driver actions in real-time. When an attorney is able to access information obtained through these tech tools, it can provide valuable evidence of driver action (or inaction) in a truck accident case. However, it is important to be aware of privacy concerns to avoid restrictions on the use of this type of evidence.

The wealth of new technology and data it provides is shifting the focus of truck accident litigation. Analysts are able to determine how braking patterns, vehicle speed, and driver action before the accident lead to the collision. Companies sometimes use artificial intelligence to analyze data, identify patterns, and assess liability. Defense tactics have become more sophisticated, and attorneys representing victims need to understand and use increasingly data-driven arguments to demonstrate causation and override defense claims.

Increased Focus on Training and Fatigue Management for Drivers

All the technological advances so far have not been able to change the fact that errors by truck drivers continue to be a primary cause of truck accidents. In an effort to reduce accidents and limit their liability, trucking companies are putting more effort into programs to ensure that drivers have proper training and that they are not driving while overworked or fatigued.

As trucking companies point to their programs to support arguments that they should not be held liable for accidents, attorneys need to spend more time analyzing the effectiveness of programs so that companies are not able to shift all of the blame onto the individual drivers.

Federal regulations also set limits to decrease the odds of fatigued drivers causing accidents because of too many hours on the road. Attorneys monitor changes in the laws as well as compliance in a particular case to see whether a driver was putting others at risk by exceeding the limits.

More Cases are Being Resolved Through Alternative Dispute Resolution 

Another trend in truck accident cases is the use of alternative dispute resolution methods such as arbitration and mediation to resolve issues that are under dispute.  Trucking companies like methods that can control costs, and clients can still benefit if they are working with an attorney who understands the true value of the claim and knows when and how to draw in the line if a trucking company or insurer is not offering a fair settlement.

It is also important to understand the implications before agreeing to settle one or more issues through alternative dispute resolution. For example, in mediation, the neutral third party working to facilitate the negotiation of a solution does not have the authority to make a binding decision if the parties cannot agree. In arbitration, however, the arbitrator can act like a judge and make a determination, so it is important to ensure that arbitration is right for the issue before agreeing to be bound by the result.

Changes in Florida Tort Laws are Impacting Truck Accident Litigation 

Recent changes in Florida laws involving personal injury lawsuits are also having a major impact on truck accident litigation in Tallahassee. Instead of having four years to investigate the causes of a truck accident, which can often be extremely complex, accident victims and their attorneys must be ready to file a case within two years of the accident, thanks to a change in the statute of limitations for personal injury lawsuits.

In addition, lawmakers made changes to the comparative fault rule in Florida that can significantly impact a truck accident victim’s ability to recover compensation after suffering injuries. In many collisions, the actions of more than one party combine to cause the accident. Under the new rules, if an accident victim is found to be more than 50% responsible for the events causing the accident, then that victim cannot recover anything, no matter how severe their injuries may be.  

The Legal Team at Searcy Denney Stays on Top of Truck Accident Litigation Trends to Get the Best Outcome for Clients

Because truck accident claims are so much more complex than car accident cases, the experienced team at Searcy Denney works to stay aware of recent trends and predict new ones. This keeps us ready for the increasingly sophisticated efforts trucking companies use to shift liability to others so they can focus on profits without concern for the harm caused by their policies. We are ready to use these trends to our advantage to seek out the best opportunities to demonstrate the liability of trucking companies and to counter the defense strategies increasingly used in truck accident litigation in Tallahassee.

If you or a loved one suffered injuries in a truck accident, call 888-549-7011 or contact us online to schedule a free consultation with our team today. We can use our knowledge to help you achieve a full and fair recovery.

The post Recent Trends in Truck Accident Litigation in Tallahassee: What You Should Know appeared first on Searcy Law.

FOR IMMEDIATE RELEASE West Palm Beach, FL—August 20, 2024–Searcy Denney Scarola Barnhart & Shipley is thrilled to announce that 24 of our incredible attorneys have been recognized as “Best Lawyers in America” for 2025. This prestigious honor reflects the exceptional skill, unwavering dedication, and relentless pursuit of excellence that define our team.

The honored attorneys include Chris Searcy, Jack Scarola, Greg Barnhart, Ted Babbitt, Sia Baker-Barnes, Hardee Bass, Laurie Briggs, Brian Denney, Brenda Fulmer, Mariano Garcia, James Gustafson, Jack Hill, Joe Johnson, Cameron Kennedy, Andrea Lewis, Edward Ricci, Matt Schwencke, Carter Scott, Chris Speed, Karen Terry, DJ Ward, Cal Warriner, Katie Kiziah, and Lindsay Reinhart.

In addition to this recognition, Best Lawyers also selects a “Lawyer of the Year” in specific practice areas. We are proud to announce that two of our Tallahassee office attorneys, James Gustafson and Cameron Kennedy, received this prestigious award. James was recognized for his exceptional work in Mass Tort Litigation/Class Actions – Plaintiffs, and Cameron was honored for his leadership in Product Liability Litigation – Plaintiffs. Additionally, in our West Palm Beach office, Jack Scarola was awarded “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs, and Greg Barnhart was recognized in Personal Injury Litigation – Plaintiffs, further highlighting their excellence and leadership in their respective fields.

We are also excited to recognize the attorneys named as “Ones to Watch,” an award that highlights promising young lawyers who have demonstrated outstanding professional excellence early in their careers. This year, Juan Diaz, Jordan Dulcie, Adam Hecht, Yasmeen Lewis, Guy Murphy, David Vitale, and Boris Zhadanovskiy have been selected for this honor, showcasing the bright future of our firm.

For over 40 years, Best Lawyers has been esteemed by both legal professionals and the public as a premier benchmark for legal integrity and distinction in the United States. Consequently, being recognized by Best Lawyers is a testament to exceptional practice.

The “Best Lawyers in America” list is compiled based on an exhaustive peer-review process, highlighting the leading legal professionals in various practice areas across the country. Our attorneys’ inclusion in this list is a testament to their outstanding contributions, not only to our firm but also to the broader legal community.

“We are immensely proud of each attorney who has been recognized this year. Their commitment to delivering the highest standard of legal services is evident in their daily work and the remarkable results they achieve for our clients,” said Founding Partner Chris Searcy of Searcy Denney Scarola Barnhart & Shipley. “This achievement underscores the exceptional talent we have at our firm and our ongoing dedication to excellence in the legal profession.”

Our recognized attorneys come from a diverse array of practice areas, showcasing the breadth and depth of our firm’s expertise. We are deeply grateful for their hard work, leadership, and the positive impact they continue to make within the firm and beyond.

The post Searcy Denney Scarola Barnhart & Shipley Celebrates 24 Attorneys Recognized as “Best Lawyers in America 2025” appeared first on Searcy Law.