Truck accident lawsuits are far more complicated than cases involving ordinary car accidents for a number of reasons. Because trucks are commercial vehicles, accidents tend to bring lawyers onto the scene with unbelievable speed, and accident victims can end up forfeiting their rights before they have a chance to understand what those rights are.

Because the trucking company will bring in a team of experienced attorneys, it only makes sense for accident victims to obtain their own legal advisors as soon as possible after an accident. Experienced attorneys understand the tactics the defense lawyers and insurance companies use to trick victims into saying or doing something that can jeopardize their right to recover damages for their injuries, and they know how to safeguard the rights of victims.

Once you waive a right—even without meaning to—that right can be lost forever. So, it is vital to understand your rights after a truck accident in Tallahassee. Securing guidance and representation from a skilled attorney is the most effective way to protect your rights and provides you with an advisor who can explain your rights in detail. If you have not yet chosen an attorney, here are some general guidelines regarding the rights of victims in truck accident lawsuits.

You Have the Right to Talk to an Attorney Before You Answer Questions from the Trucking Company

Insurance companies and investigators who work for the trucking company will often try to contact accident victims early and often. While they have a legitimate right to gather information about the truck accident, that is only part of the reason they start calling. They want accident victims to say something that can be used to deny liability or limit the value of a claim. They are very skilled at seeming friendly and sympathetic, and that is one reason their tactics are so often successful.

An experienced truck accident lawyer will know how to avoid potential pitfalls and provide the information the investigators are entitled to have without saying anything that could jeopardize the victim’s right to recovery. When you start working with an attorney soon after your accident, you can allow your lawyer to handle the questioning, protecting your rights and allowing you time in peace to focus on your recovery.

You Have the Right to Investigate the Factors That Caused the Accident

To recover damages for losses suffered in a Tallahassee truck accident, you need to present evidence to show that another person’s negligence, recklessness, or deliberate wrongdoing caused the accident and your injuries. It takes time and intense investigation to obtain this evidence, but you have the right to undertake the investigation. The trucking company will not willingly give up information that could lead to a finding of liability. However, you have the right to use legal discovery tools to request information, and you have the right to seek evidence, such as footage from traffic cameras that could show the incidents leading up to and during the accident. A seasoned truck accident lawyer will understand where to look for evidence, how to obtain it, and how to preserve it for use in negotiations or at trial.

You Have the Right to Seek Medical Care

Truck accidents often result in devastating injuries that can lead to long-term pain and diminish your ability to work, undertake daily activities, or even enjoy simple hobbies such as watching movies. It is important to get a prompt and thorough medical exam after a truck accident and to obtain follow-up care as needed so that you can work toward your maximum recovery. If you don’t have health insurance, your attorney may be able to assist in arranging care that can be settled at the end of your legal claim.

You have the right to work toward your maximum physical and emotional recovery. Your attorney can help you find providers to meet your needs and to secure evidence to support your claim for damages.  

You Have the Right to File a Lawsuit to Seek Compensation for Up to Two Years After the Truck Accident

The Florida statute of limitations is not as generous as it once was, but the law still usually allows you to file a claim anytime within two years after a truck collision. In some cases, if the truck is affiliated with a government agency, the deadline could be much shorter, so it is important to ascertain the applicable statute of limitations as quickly as possible after an accident.

Even if the insurance company insists that you must accept the settlement they offer or you will get nothing, you are not required to accept a settlement. Insurance companies usually offer far less than a claim is worth until they see that you have the evidence and legal arguments prepared to win in court.

You Have the Right to Obtain Compensation Even if You Were Partially at Fault for Causing the Accident

Under Florida’s comparative fault rule, the fact that your own actions may have contributed to the cause of your accident and injuries does not prevent you from seeking damages from the other parties at fault. As long as your share of fault is less than 50% of the cause of the injuries, you can seek compensation from the others involved. Your share of damages will be reduced by the share of responsibility allocated to you, but your actions do not take away your right to recovery.

Let Searcy Denney Protect Your Rights After a Tallahassee Truck Accident

When your life has been turned upside down by an accident involving a tractor-trailer, dump truck, delivery van, tanker, or other type of truck, you need to work on preserving your right to damages at the same time you are also working to recover your health and rebuild your life. Let the experienced team at Searcy Denney take on the burden of building your legal case and protecting your right to damages while you take care of yourself. For a free consultation to learn more about the ways we can help you recover after a truck accident, contact us online or call 888-549-7011 now.

The post Recovering Damages in Tallahassee Truck Accident Lawsuits: Understanding Your Rights appeared first on Searcy Law.

When you get injured in an auto accident in Florida, recovering the costs of your injuries is essential for protecting your health and your finances. You need to make sure you get the treatment you need, and you also need to make sure that you do not bear the costs of your treatment (along with your other injury-related costs) unnecessarily. Hiring an experienced Florida car accident lawyer is the first step in this process.

When you hire a Florida car accident lawyer, your lawyer will carefully calculate the compensation you are entitled to recover, and your lawyer will gather the evidence needed to prove your legal rights. Several factors can influence the value of your auto accident claim, so it is critical to ensure that you have all of the evidence you need.

7 Factors that Determine How Much You Can Recover After an Auto Accident

What are the factors that will influence the value of your auto accident claim? Here are seven key factors for determining how much you can recover:

1. Your Diagnosis

Your diagnosis is a key factor for determining the value of your auto accident claim. The nature and severity of your accident-related injuries will play a direct role in determining not only the financial costs of the accident, but the non-financial costs as well. While the law does not assign specific dollar values to broken bones, concussions and other types of injuries; generally speaking, the more serious your injuries, the more you are entitled to recover.

Another important factor in auto accident cases is Florida’s “no fault” auto insurance law. To file a claim outside of personal injury protection (PIP), you need to be diagnosed with a “significant” or “permanent” injury. If none of your injuries qualify as “significant” or “permanent,” then you will be limited to seeking coverage under your PIP policy—and most PIP policies have coverage limits of $10,000. But, if you have a “significant” or “permanent” injury, you can seek to recover all of your costs from the accident.

2. Your Medical Treatment Needs

The nature and severity of your injuries will determine your medical treatment needs. Medical care can be incredibly expensive; and, even if you have health insurance, you could still find yourself paying thousands of dollars (if not more) out of pocket. No matter what, your PIP policy should apply, and you should be able to use this to help cover your treatment costs.

If you have a claim outside of PIP, you can seek full coverage for your medical treatment needs—both now and in the future. Your emergency room bills, surgery costs, medications, and other treatment costs should all be covered.

3. Your Psychological or Psychiatric Treatment Needs

If you are struggling with chronic pain, post-traumatic stress or any other effects of the accident that impact your mental health, your claim should include coverage for your psychological or psychiatric treatment needs. Many accident victims face mental health struggles during (and after) the recovery process, and it is important to make your mental health a priority.

4. Your Income and Benefits

Auto accident victims in Florida who are unable to work due to their “significant” or “permanent” injuries are also entitled to just compensation for their lost earnings. Here, too, the amount you are entitled to recover is unique to you. You are entitled to just compensation for your lost income and benefits. So, the more you earn, the more you are entitled to recover for each day, week or month you are off the job.

5. How Long You Will Be Unable to Work

The number of days, weeks or months you are unable to work also plays a key role in determining how much you are entitled to recover. If you miss a few days of work, then you will be entitled to a few days of lost income and benefits. If you are never able to return to work, then you will be entitled to just compensation for your lost income and benefits through your projected date of retirement.

6. How Else Your Injuries Impact Your Life

Along with the financial costs of your auto accident, if you suffered “significant” or “permanent” injuries, you are entitled to just compensation for your non-financial costs as well. These include things like:

• Emotional distress
• Pain and suffering
• Scarring and disfigurement
• Loss of companionship and consortium
• Loss of enjoyment of life

There are formulas for calculating just compensation for these types of losses that take into account the severity of your injuries, your long-term treatment needs and other relevant factors. When you hire an experienced Florida car accident lawyer to represent you, your lawyer will use his or her experience to build a strong claim for maximum compensation based on your personal circumstances.

7. Whether You Were Partially at Fault in the Accident

The final key factor that will influence the value of your auto accident claim in Florida is whether you were partially at fault in the accident. Under Florida law, being partially at fault reduces the amount you are entitled to recover, and in some cases it prevents you from recovering just compensation entirely.

If you are deemed 50 percent or less at fault in your auto accident, the value of your claim will be reduced based on your percentage of fault (i.e., if you are deemed 25 percent at fault, you will be entitled to recover 75 percent of your losses). However, if you are deemed more than 50 percent at fault, you will not be entitled to any financial compensation. The insurance companies routinely try to blame auto accident victims for their own injuries, and this is yet another important reason to have an experienced Florida car accident lawyer on your side.

Discuss Your Claim with a Florida Car Accident Lawyer at Searcy Denney

Are you wondering how much you are entitled to recover for an auto accident in Florida? If so, we encourage you to contact us promptly. To discuss your claim with a Florida car accident lawyer at Searcy Denney, call 800-780-8607 or request a free consultation online now.

The post Factors That Influence the Value of Your Auto Accident Claim in Florida appeared first on Searcy Law.

If you have a claim after an auto accident in Florida, it is up to you to make sure you receive the financial compensation you deserve. You need to take action promptly, but you also need to be very careful to avoid mistakes that could get in the way of recovering your financial and non-financial losses. What are the mistakes you need to avoid? Keep reading to find out from an experienced Florida accident lawyer.

What Not to Do When You Have an Auto Accident Claim in Florida

Protecting your legal rights after an auto accident in Florida starts with avoiding some all-too-common mistakes. Here are some examples of what not to do if you need to seek financial compensation for your accident-related injuries:

1. Do Not Ignore Your Pain or Other Symptoms

First and foremost, if you are experiencing pain or any other symptoms after your accident, you should seek medical treatment as soon as possible. There are several reasons not to ignore pain or other symptoms after an auto accident, including:

• Your injuries could get worse or lead to unnecessary complications without prompt treatment;
• You may be suffering from internal injuries that require emergency medical care; and,
• If you don’t seek medical treatment promptly, it will be more difficult to prove that your injuries are accident-related.

Proving that your injuries are accident-related is critical for recovering the financial compensation you deserve. If the auto insurance companies have valid grounds to dispute the cause of your injuries, they aren’t going to cover the costs of your treatment and recovery.

2. Do Not Wait to Contact Your Insurance Company

Speaking of the auto insurance companies, you should not wait to contact your insurer. Your insurer will need to investigate the accident in order to process your claim; and, here too, delays can lead to denials of coverage.

Even if you believe the other driver (or someone else) was at fault in your auto accident, you still need to report the accident to your insurance company. Not only is this required, but this is also an essential step for securing personal injury protection (PIP) coverage. Under Florida’s “no fault” auto insurance law, you are entitled to PIP coverage under your policy regardless of who was at fault in your collision.

3. Do Not Underestimate the Costs of the Accident

If you were injured in your auto accident, it will be important not to underestimate the costs of your injuries. Accident-related injuries can lead to substantial costs, including medical bills, costs for prescriptions and medical supplies, and lost earnings.

Accident-related injuries can lead to long-term pain and suffering, permanent scarring, and other non-financial costs as well. If you have a liability claim outside of PIP, these are all costs that you can—and should—recover with the help of an experienced Florida accident lawyer.

4. Do Not Make Assumptions About Your Legal Rights

Another all-too-common mistake you need to avoid is making assumptions about your legal rights. Too often, auto accident victims assume that either:

• Recovering the compensation they deserve from the insurance companies will be easy; or,
• There is no point in trying to file an insurance claim because the insurance companies are just going to refuse to pay.

These assumptions can be equally costly. If you trust the insurance companies to treat you fairly, you are almost certainly going to be leaving money on the table—and you may end up having your claim unjustly denied. If you decide not to file an insurance claim, you will have no hope of recovering the financial compensation you deserve.

5. Do Not Misunderstand Your Auto Insurance Claim

Since it is important to file an insurance claim, it is also important to make sure you understand the insurance claims process. We mentioned Florida’s “no fault” auto insurance law above. While this law limits accident victims to filing PIP claims in some cases, there are also many circumstances in which auto accident victims can file fault-based liability claims to recover full compensation for their accident-related losses.

6. Do Not Let the Insurance Companies Take Advantage of You

If you are not proactive about protecting your legal rights, the insurance companies may take advantage of you—especially if you have a claim outside of PIP. This can leave you without the financial compensation you deserve, and this can leave you paying for the costs of someone else’s mistake for months or years to come.

When dealing with the insurance companies after an auto accident in Florida, you need to be very careful. You should not rely on the insurance companies to determine liability, and you should not rely on the insurance companies to determine how much you are entitled to recover.

7. Do Not Try to Handle Your Auto Accident Claim on Your Own

Given the various challenges involved in filing a successful auto accident claim, you should not try to handle your claim on your own. Instead, you should hire an experienced Florida accident lawyer to represent you. You can hire a lawyer to handle your claim at no out-of-pocket cost, and you can rely on your lawyer to handle your claim with your best interests in mind.

From receiving less than you deserve to receiving no compensation at all, there are lots of things that can go wrong when it comes to dealing with the insurance companies. Protecting your legal rights requires an unbiased investigation and an accurate calculation of the damages you are entitled to recover—and this means you need an experienced representative and advocate on your side.

Get Help from an Experienced Florida Accident Lawyer at Searcy Denney

If you are concerned about making mistakes when dealing with the insurance companies, we strongly encourage you to contact us for a free, no-obligation consultation. To get the help you need from an experienced Florida accident lawyer at Searcy Denney, call 800-780-8607 or tell us how we can reach you online now.

The post Common Mistakes to Avoid When Filing an Auto Accident Claim in Florida appeared first on Searcy Law.

West Palm Beach, Florida– Best Lawyers has been regarded by lawyers and the public for more than 40 years as one of the most credible measures of legal integrity and distinction in the United States. Recognition by Best Lawyers is known for signifying excellence in the legal practice.

The milestone 30^th edition of The Best Lawyers in America® has been released, as well as the accompanying “Lawyer of the Year” recognitions, in addition to the fourth edition of Best Lawyers: Ones to Watch® in America. Twenty-nine lawyers from the law firm of Searcy, Denney, Scarola, Barnhart & Shipley PA are included in this year’s award recognitions.

Inclusion in The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America is based on comprehensive peer-review surveys, which this year, comprised of more than 16.1 million confidential evaluations by top attorneys. Nearly 58,000 voters, this year alone responded to the award surveys. The purely peer review methodology is at the core of the company’s credo, as they believe that the best lawyers know who the best lawyers are.

Best Lawyers in America award recipients include attorneys Chris Searcy, Jack Scarola, Greg Barnhart, Ted Babbitt, Sia Baker-Barnes, Hardee Bass, 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, Donald J. Ward and Cal Warriner.

Best Lawyers “Ones to Watch” include Juan Diaz Avila, Jordan Dulcie, Adam Hecht, Yasmeen Lewis, Gaetano Murphy, Elise Sherr Allison, David P. Vitale, Jr., Boris Zhadanovskiy.

Individual recognitions included Jack Scarola as “Lawyer of the Year” in West Palm Beach for Personal Injury Litigation: Plaintiffs and Mass Tort Litigation: Plaintiffs; and James Gustafson as “Lawyer of the Year” in Tallahassee for Product Liability Litigation: Plaintiffs.

The post Best Lawyers in America® Names 29 Lawyers from the Law Firm of Searcy Denney Scarola Barnhart and Shipley in their Prestigious Annual Award Recognitions appeared first on Searcy Law.

If you have an auto accident claim in Florida, how long will it take to receive the financial compensation you deserve? Not only will settling your claim for just compensation ensure that you have the financial resources you need in the future, but it will also allow you to move on with your life. As a result, it is critical that you do everything you can to secure a fair settlement as quickly as possible, and this starts with hiring a Florida auto accident attorney to represent you.

So, how quickly can you expect to obtain a settlement? The short answer is, “It depends.” Several factors can impact the timeline of the settlement process—and, while some of these factors are in your control, others are not. Although the settlement process will be over in a matter of weeks or months in many cases, it can also take much longer.

7 Factors that Could Impact the Settlement Timeline of Your Auto Accident Claim

If  you need to seek financial compensation for an auto accident in Florida, here are seven factors that could play a role in determining how long it takes for you to receive a settlement:

1. Is It Clear Who was at Fault in Your Auto Accident?

One of the first steps toward obtaining an auto accident settlement is proving that you are entitled to financial compensation. This means proving who was at fault (unless you are limited to filing a PIP claim, as discussed below). If it is clear that someone else was at fault in your auto accident, this could be a relatively straightforward and efficient process. But, if fault isn’t clear, it could take much longer to convince the insurance companies to accept responsibility.

2. How Severe Are Your Accident-Related Injuries?

The severity of your injuries is an important factor as well. If your injuries are relatively minor, it may also be relatively easy to calculate your long-term costs. But, if your injuries are severe, then making sure you know how much you will need in the future could be a more difficult—and longer—process.

3. Are You Limited to Filing a Personal Injury Protection (PIP) Claim?

Under Florida’s “no fault” auto insurance law, auto accident victims are limited to seeking coverage under their own personal injury protection (PIP) policies unless they can prove that they suffered a “significant” or “permanent” injury. Since PIP is “no fault” coverage (meaning your insurance company is supposed to pay regardless of fault), securing  this coverage is typically quicker than seeking fault-based compensation. With that said, you should not assume that you are limited to filing a PIP claim, as your PIP insurance won’t cover all of the financial and non-financial costs of your injuries.

4. Do You Have a Claim Outside of Auto Insurance?

In addition to determining whether you have an auto insurance claim outside of PIP, you also need to determine if you have a claim outside of auto insurance entirely. Do you have a claim against the other driver’s employer? Do you have a claim against an auto manufacturer for a vehicle defect? Do you have a claim against the government for an issue with the road?

These are all claims that can provide access to additional compensation.  But, they are also claims that can add to the settlement timeline. Ultimately, however, you need to focus on what is best long-term, and this means working closely with an experienced Florida auto accident attorney to ensure that you are seeking the full compensation you deserve.

5. Which Insurance Company (or Companies) Are Involved?

The insurance company (or companies) involved in your auto accident claim can also have a major impact on the settlement timeline. Some insurance settlements handle claims more efficiently than others, and some treat claimants more fairly than others as well. While this factor is completely beyond your control, it is an important factor to keep in mind as you go through the process.

6. Do You Have an Experienced Florida Auto Accident Attorney on Your Side

One factor that you can control is making sure you have an experienced Florida auto accident attorney on your side. When you hire an attorney to represent you, your attorney can deal with the insurance companies for you. Your attorney can also help make sure that you have adequate evidence of fault, and your attorney will work to settle your claim while helping you avoid mistakes that could jeopardize your recovery.

7. How Much Are You Entitled to Recover?

The final key factor that can impact the timeline of your auto insurance claim is how much you are entitled to recover. Generally, the more you are entitled to recover, the more the insurance companies are going to fight—and the longer it will take to secure the settlement you deserve. If your losses are substantial, accurately calculating your losses will take more time as well—though the extra time will be worth it in the end.

Remember: A Settlement is Not Guaranteed

While this article has focused on the settlement timeline in auto accident claims in Florida, it is important to remember that a settlement is not guaranteed. Simply filing an insurance claim is not enough to secure the financial compensation you deserve. To recover just compensation, you need to assert your legal rights effectively. You need to prove who was at fault and how much you are entitled to recover, and you need to convince the insurance companies that it is in their best interests to settle rather than taking your claim to court.

Discuss Your Claim with an Experienced Florida Auto Accident Attorney for Free

If you need to know more about the process of settling an auto accident claim in Florida, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced Florida auto accident attorney at Searcy Denney in confidence, call 800-780-8607 or contact us online now.

The post How Long Does It Take to Settle an Auto Accident Claim in Florida? appeared first on Searcy Law.

If you were injured in an auto accident in Florida, you are entitled to just compensation for your injuries. But, what if you also have pre-existing injuries from before the crash? While this can complicate the process of seeking just compensation, your legal rights are clear—and you should still be able to recover the compensation you deserve with an experienced Florida auto accident attorney representing you.

How a Pre-Existing Injury Can Impact Your Auto Accident Claim

When you get injured in an auto accident in Florida, you have three main options for recovering the costs of your injuries. Depending on the circumstances of your case, you may be able to file one or more of the following types of claims:

• Personal Injury Protection (PIP) – If you have auto insurance, you have personal injury protection (PIP) coverage. PIP is mandatory in Florida, and it provides limited coverage for accident-related medical expenses on a “no fault” basis.
• Bodily Injury Liability (BIL) or Uninsured/Underinsured Motorist (UIM) – If you suffered “significant” or “permanent” injuries in your auto accident, you may be able to file a bodily injury liability (BIL) or uninsured/underinsured motorist (UIM) claim to secure additional compensation. But, as both of these forms of coverage are optional in Florida, you will need to determine if this coverage is available in your case.
• A Third-Party Claim for Damages – If the driver who hit you was working at the time of the accident, or if your injuries are the result of non-driver-related factors, you may have a third-party claim for damages. If you have a third-party claim, an experienced Florida auto accident attorney will be able to help you seek full compensation for the costs of your accident-related injuries.

Regardless of which claim (or claims) you can file, the fact that you have a pre-existing injury does not impact your right to just compensation. If you have incurred medical costs and lost wages, if you are dealing with pain and suffering, or if you are dealing with any other effects that are a result of the accident, your legal rights are clear under Florida law.

But, while your legal rights may be clear, this doesn’t necessarily mean that the insurance companies will respect them. Unfortunately, the insurance companies routinely try to use accident victims’ pre-existing injuries as grounds to deny liability. Typically, the insurance companies will claim that either:

• An accident victim’s costs are related to his or her pre-existing injury, and not related to the crash; or,
• The accident victim cannot prove that his or her injuries are a result of the collision.

In both of these scenarios, it is up to you (and your attorney) to make clear that you aren’t backing down from seeking the financial compensation you deserve. Even if the insurance companies try to deny your claim initially, you should still be able to secure just compensation with an experienced attorney on your side, though there are no guarantees. Oftentimes, simply getting an attorney involved will be enough to convince the insurance companies to treat you fairly. But, if they still refuse to recognize that you have accident-related losses, then your attorney can use his or her experience to fight for just compensation on your behalf.

Proving That You Have Accident-Related Losses When You Also Have a Pre-Existing Injury

Fighting for just compensation when you have a pre-existing injury involves proving that you have additional costs as a result of your auto accident. For example, suppose you were recovering from a broken wrist at the time of your collision. If you suffered a broken ankle in the crash, you wouldn’t be entitled to compensation for any ongoing treatment or rehabilitation for your wrist, but you would be entitled to compensation for your ankle.

While this type of scenario is less likely to create issues during the insurance claims process, pre-existing injury cases can get much more complicated. For example, suppose you were suffering from chronic back pain before your auto accident, and in the accident you suffered a spinal cord injury (SCI). This is a scenario in which the insurance companies may try to avoid liability by claiming that your treatment needs pre-date the accident. To convince the insurance companies to pay, your Florida auto accident attorney may need to present evidence including:

• Your medical records and treatment expenses prior to the date of the accident;
• Your medical records and treatment expenses from after the accident; and,
• Additional evidence of your new injury’s effects above and beyond those caused by your pre-existing injury.

Additional medical expenses, loss of income, pain and suffering, and other financial and non-financial losses are all losses that you can—and should—seek to recover. Even if the accident only exacerbated a pre-existing injury, any additional costs you incur are still costs that you are entitled to recover under Florida law.

Protecting Yourself When You Have a Pre-Existing Injury

To protect yourself when you have a pre-existing injury, you should do everything you can to document the additional costs you incur as a result of your auto accident. While this is important in any case, it is especially important when you have a pre-existing injury that could come up during the insurance claims process. With this in mind, you should see a doctor promptly (if you haven’t already), and you should keep documentation of all of the additional costs you incur. You should start documenting your accident-related injury’s non-financial costs as well, such as your additional pain and suffering, emotional trauma, and loss of enjoyment of life.

Get Help from an Experienced Florida Auto Accident Attorney at Searcy Denney

If you have a pre-existing injury and need help seeking just compensation for an auto accident, we encourage you to contact us promptly for more information. We have decades of experience recovering just compensation for our clients. To get help from an experienced Florida auto accident attorney at Searcy Denney, call 800-780-8607 or request a free consultation online now.

The post The Impact of Pre-Existing Injuries on Auto Accident Claims in Florida appeared first on Searcy Law.

In most cases, seeking just compensation for an auto accident in Florida involves filing an auto insurance claim. Typically, you will be dealing with either the other driver’s insurance company or your own, and the amount you can recover will be limited by the amount of coverage that is available.

But, this isn’t always the case.

Sometimes, auto accident victims can file claims under Florida’s third-party liability laws. These laws allow accident victims to recover just compensation from parties that were not directly involved in their collisions. Due to the complexities involved, if you have a third-party claim, it will be especially important to have an experienced Florida accident lawyer on your side.

What is a “Third Party”?

In the context of an auto accident, a “third party” is any person or company that played a role in causing the accident even though it was not directly involved. Third parties can include drivers’ employers, rideshare companies, road construction contractors, bars and other establishments, vehicle manufacturers, dealerships, and even government agencies.

While third-party claims are less common than claims against negligent drivers, they aren’t as uncommon as you might think. As a result, if you were involved in an auto accident and you believe that your injuries may have resulted from something other than (or in addition to) driver negligence, it will be well worth talking to a Florida accident lawyer about all of the options you have available.

When Can You File a Third-Party Liability Claim?

In Florida auto accident cases, third parties can be held liable based on negligence, strict liability or vicarious liability. The type of third-party claim you need to file—and the types of evidence you need to prove your legal rights—will depend on the specific circumstances involved in your collision. With this in mind, some examples of potential third-party liability claims include claims against:

• The Other Driver’s Employer or Rideshare Company – Employers and rideshare companies can be held liable for negligently hiring or approving unqualified drivers. Employers can also be held vicariously liable for their employees’ negligence under Florida law. This means that if the driver who hit you was working at the time of the accident, you may have a claim under his or her employer’s or rideshare company’s insurance policy—which likely provides much more coverage than any auto insurance coverage that may be available.
• Bars and Other Establishments – Bars and other establishments can be held liable for drunk driving accidents in limited circumstances. Specifically, under Florida’s dram shop law, establishments can face third-party liability claims if they either: (i) willfully sell alcohol to someone who is under 21; or, (ii) willfully sell alcohol to someone who is “habitually addicted to the use of any or all alcoholic beverages.”
• Repair Shops and Dealerships – Vehicle repair shops and dealerships can face third-party liability claims for auto accidents when they perform negligent service work on customers’ vehicles. For example, if the driver who hit you lost control because his or her brakes failed, you could have a third-party claim against the repair shop or dealership that performed the driver’s brake job.
• Vehicle Manufacturers – Vehicle manufacturers can be held liable for auto accidents that result from vehicle defects. They can also be held liable when accident victims’ injuries result from vehicle defects (i.e., in the case of a defective airbag). Under Florida’s “strict liability” laws, proof of negligence is not required to pursue a third-party liability claim based on a vehicle defect.
• Government Agencies and Contractors – Government agencies and contractors can face third-party liability claims when road-related issues cause (or contribute to causing) serious auto accidents. These issues can include everything from negligent road construction to establishing dangerous road construction zones. However, third-party liability claims against government agencies are subject to special rules (including strict deadlines), so to protect your legal rights you will need to speak with a Florida accident lawyer right away.

These are some of the most common examples of third-party liability claims in Florida auto accidents. They are not the only types of third-party liability claims you may be able to file. When you hire a Florida accident lawyer to represent you, your lawyer should evaluate all potential claims, and your lawyer should ensure that he or she is seeking to hold all appropriate parties accountable for your accident-related losses.

How Do You File a Third-Party Liability Claim?

Let’s say you have a third-party liability claim for an auto accident in Florida. What do you need to do to assert your legal rights effectively? To maximize your chances of recovering just compensation, you should:

1. Hire a Florida Accident Lawyer Right Away

Any time you need to seek financial compensation for an auto accident in Florida, it is important to hire a lawyer right away. But, as we mentioned above, this is especially important if you think you may have a liability claim against a third party.

2. Take Care of Your Medical Needs

Protecting your health will also help protect your legal rights. With this in mind, you should take care of your medical needs as soon after your auto accident as possible.

3. Keep Any Evidence You Have in Your Possession

If you have photos, videos, a copy of the police report or any other evidence from your accident, you should keep these to share with your Florida accident lawyer.

4. Follow Your Doctor’s and Lawyer’s Advice

As you work to move on from your auto accident, you should carefully follow your doctor’s and lawyer’s advice. If you ignore their advice and make mistakes, this could jeopardize your claim for just compensation.

5. Rely on Your Lawyer to Seek Just Compensation on Your Behalf

Finally, you should rely on your lawyer to seek just compensation on your behalf. Filing a successful third-party liability claim isn’t easy, and the process takes time. If you let your lawyer do his or her job, this will help to maximize your chances of recovering the full compensation you deserve.

Do You Have a Third-Party Liability Claim? Speak with a Florida Accident Lawyer Today

If you have questions about filing a third-party liability claim after an auto accident in Florida, we encourage you to contact us promptly. To speak with a Florida accident lawyer at Searcy Denney for free, call 800-780-8607 or request a consultation online today.

The post Understanding Florida’s Third-Party Liability Laws in Auto Accidents appeared first on Searcy Law.

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the costs of significant or permanent accident-related injuries. So, how is fault determined in Florida auto accident cases—and how do you prove that someone else was at fault in your accident? Find out from an experienced Florida auto accident attorney:

Two Ways to Establish Fault in an Auto Accident

Broadly speaking, there are two ways to establish fault in an auto accident in Florida. Most cases involve establishing fault based on negligence. However, in some cases, Florida’s “strict liability” law applies.

#1: Negligence

Negligence is the most common ground for seeking financial compensation after an auto accident in Florida. If someone else’s negligence is to blame for your injuries (and if your injuries exceed the “significant or permanent” threshold for filing a claim outside of PIP), then you are entitled to full compensation for all of your accident-related losses.

So, what is negligence?

Negligence can roughly be equated to making a mistake. However, not all mistakes rise to the level of negligence. Proving negligence requires evidence that the at-fault driver failed to adhere to the duty of care that all drivers owe on Florida’s roads. With this in mind, some of the most common examples of driver negligence include:

• Dozing or falling asleep behind the wheel
• Driving under the influence
• Driving while distracted
• Failing to look before turning or merging
• Failing to yield the right of way
• Running red lights and stop signs
• Speeding, tailgating and other reckless driving behaviors

While driver negligence is easily the most common form of fault in Florida auto accident cases, other parties’ negligence can cause (or contribute to causing) accidents as well. For example, trucking companies and other businesses can be deemed at fault for negligently hiring unqualified drivers. Similarly, repair shops and dealerships can be deemed at fault for performing negligent service work, and construction contractors can be deemed at fault for negligently constructing or repairing Florida’s roads.

#2: Strict Liability

Although proof of negligence is required to establish fault in most cases, there are exceptions. In certain circumstances, companies can be deemed at fault based on the law of “strict liability.”

When strict liability applies, proof of negligence isn’t required. This is most often the case when a vehicle defect is responsible for causing an auto accident (or causing an auto accident victim’s injuries). For example, the following types of vehicle defects can all justify claims based on strict liability:

• Accelerator defects
• Airbag defects
• Brake defects
• Electrical defects
• Seatbelt defects

Again, these are just examples. If you have any reason to suspect that any vehicle defect may have played a role in causing your injuries—whether in your vehicle’s or someone else’s—you should be sure to discuss this with your Florida auto accident attorney. Strict liability claims against vehicle manufacturers are very different from negligence claims against drivers and their insurance companies, and your attorney will need to ensure that he or she collects the right types of evidence to prove your legal rights.

Collecting Evidence of Fault

When it comes to determining fault in a Florida auto accident, collecting evidence is a critical step in the process. Without evidence, you won’t be able to prove what happened, and this means that you won’t be able to prove who (or what company) is responsible for your injuries.

Collecting evidence of fault is typically a multi-step process that requires prompt action and deep legal knowledge. As a result, it is important that you hire a Florida auto accident attorney to get to work on your case as soon as possible. To collect the evidence needed to prove fault, your attorney may rely on:

Evidence in Your Possession

If you have photos, videos, a copy of the police report or any other evidence in your possession, you will want to share anything you have with your attorney. These could all provide valuable insight into what happened and what claim (or claims) you have grounds to file.

On-Scene Investigation

Your attorney will want to conduct an on-scene investigation as soon as possible. Evidence can disappear from the scene of an auto accident quickly; so, again, it is important to get started as soon as possible.

Further Investigation

After conducting the on-scene investigation, your attorney will continue to collect evidence from other sources as warranted. From surveillance camera footage to eyewitness testimony, various other forms of evidence may be available to prove fault in your auto accident.

The “Discovery” Process

If necessary, your attorney can seek to collect additional evidence through the “discovery” process. This is a formal step in personal injury litigation. Discovery can be used to obtain types of evidence such as cell phone records, employment records and maintenance records—among many others.

Accident Reconstruction

Accident reconstruction involves examining the available evidence to recreate the events leading up to a collision. The science of accident reconstruction has become remarkably sophisticated, and computer simulations of auto accidents can themselves serve as evidence of fault.

Establishing Fault in Insurance Settlement Negotiations (or in Court)

Once you have the evidence you need, the next step is to use the evidence to establish fault in settlement negotiations with the insurance companies. If the at-fault driver’s (or other at-fault party’s) insurance company accepts responsibility, then you can focus on proving your losses and negotiating a favorable settlement.

Of course, sometimes the insurance companies won’t accept responsibility—and it will be necessary to go to court. However, this is the exception to the norm. With an experienced Florida auto accident attorney on your side, you can maximize your chances of securing a fair settlement and recovering just compensation without the need to go to trial.

Request a Free Consultation with a Florida Auto Accident Attorney at Searcy Denney

If you need to know more about proving fault in an auto accident, we encourage you to contact us promptly. Call 800-780-8607 or request a free consultation online to speak with an experienced Florida auto accident attorney at Searcy Denney as soon as possible.

The post How Fault Is Determined in Florida Auto Accident Cases appeared first on Searcy Law.

Contact: Mary Victoria Falzarano
maryvictoria@constellationgroup.me
561-578-0697

FOR IMMEDIATE RELEASE: July 30, 2024 – What began as a joyous celebration quickly turned into a medical emergency for Jennifer Donaldson, a Treasure Coast resident, who was hospitalized after being served peanuts at a local restaurant despite informing the staff of her allergy.

Jennifer Donaldson was celebrating her 45th birthday with friends at Kyle G’s Prime Seafood & Steaks when she was served a shrimp appetizer that contained nuts. Despite notifying the server about her allergy and the allergen not being mentioned on the menu, the dish was served with nuts, leading to a severe allergic reaction.

Ms. Donaldson was transported to Cleveland Clinic Tradition Hospital, where she was intubated and placed on a ventilator for four days due to the severity of her condition. She remains under close medical supervision as she recovers from this life-threatening incident.

Attempts to reach the owner of Kyle G’s for have gone unanswered. However, the restaurant has since updated its menu to clearly indicate the presence of nuts in their dishes, aiming to prevent such dangerous oversights in the future. A complaint has been filed, and Attorney Ed Ricci of Searcy Denney Scarola Barnhart & Shipley is representing Ms. Donaldson in this matter.

The incident highlights the critical importance of clear communication and transparency in food service to ensure the safety of patrons with food allergies. This has been an extremely difficult time for Ms. Donaldson, and the community is reminded of the ongoing need for vigilance when it comes to food allergies.

The post Treasure Coast Woman Hospitalized and Intubated on a Ventilator After Being Served Peanuts at Local Restaurant appeared first on Searcy Law.