Articles & FAQ

What to Know About Hiring a Spinal Cord Injury Lawyer

Category: Articles & FAQ |

Spinal cord injury in Florida? This article will help you understand what to know before hiring a spinal cord injury lawyer. Spinal cord injuries are some of the most severe injuries that can happen to your body. They can result in partial or total paralysis in some instances. When someone else’s negligence or intentional actions cause your injuries, you may have a valid personal injury claim. Because of the serious nature of spinal cord injuries, it’s not recommended that you pursue a claim on your own. Instead, retain a proficient Florida spinal cord injury lawyer who understands how these cases work. Why Is It Critical to Hire a Lawyer with Experience Handling Spinal Injury Cases? At Abrahamson & Uiterwyk, we have over three decades of experience handling personal injury matters throughout Florida, including spinal cord injuries. We understand how complex these injuries are and have the experience required to build a strong case against the liable parties.   Not all lawyers have experience dealing with cases involving severe injuries to the spine. These are typically very complicated and expensive cases to build and bring to trial if necessary. Additionally, your attorney must have the resources to advance fees and costs. For example, an attorney just starting their practice may not have the funds to hire the expert witnesses you’ll need. A spinal cord injury case is about more than just seeking financial compensation from the negligent parties. It’s also about working on your recovery.  We want to make sure our clients receive the best treatment possible, while also fighting to pursue the maximum compensation they deserve. Return to top ↑ What Are Some Examples of Spinal Injury Cases That Abrahamson & Uiterwyk Has Handled? We have handled numerous spinal cord injury cases. Some have resolved through skillful negotiations during litigation, while other cases were resolved through a jury award. Two settlements in spinal injury cases we’ve handled include: $5,000,000 verdict for a client who became a quadriplegic after being struck by a large truck; and $750,000 for a 69-year-old client who was paralyzed after the defendant lost control of their vehicle. Featured case result: $525,000.00 / T-Bone Accident / Spinal Injury / Citrus County, Florida This unfortunate accident occurred while our client was traveling north on County Road 491 in Citrus County, Florida. The defendant driver was exiting a funeral home headed west. For unknown reasons, the defendant pulled out directly into our client’s path. Our client veered left to try and avoid the collision, but the defendant kept moving west causing a T-bone impact with our client. Our client was taken to Ocala Regional Medical Center with significant injuries. While at the hospital, she was diagnosed with broken ribs and a contused right lung. Shortly after the accident, she began to also experience pain in her neck, back and left knee and sought additional treatment. She underwent multiple injections into her cervical and lumbar spine. Unfortunately, the pain continued and she came under the care of an orthopedic spine surgeon who eventually performed additional injections including a procedure for her lower back known as a radiofrequency ablation, which involves heating up the nerves that exit from the spine in order to relieve the pain. This too failed to adequately relieve our client’s lower back pain. She eventually underwent the permanent implantation of a spinal cord stimulator to relieve her pain. The insurance company hired counsel and fought the case hard. They argued that the injuries were pre-existing and not caused by the accident. Their initial offer was $40,000.00. We eventually persuaded them to engage in a mediation settlement conference where a neutral third-party mediator was hired to try to get the parties to agree to settle the claim. After a lengthy multi-day negotiation, we were able to convince the insurance company to pay substantially more than they had previously offered. The case eventually settled several days after the mediation for $525,000.00. The settlement amount was over 10x their original offer. We were pleased to be able to get our client properly compensated for their injuries. These are just two of the settlements and verdicts for spinal injury cases we’ve handled. It’s important to understand that every case is different. Your potential settlement value is dependent on the type of spinal injury you have, what level it’s at, and what your prognosis is. Return to top ↑ How the Level and Type of Spinal Injury Impacts Your Case When your attorney or medical professional refers to the level of your spinal cord injury, they are talking about where on your spine the injury occurred. It is categorized by the region of the spine—cervical, thoracic, or lumbosacral. The level is then completed with the number of the particular vertebrae in that region like C1, T2, or L3. You’ll find that spinal cord injury types are classified into two broad categories — complete or incomplete. A complete spinal cord injury means that the spinal cord is completely severed, and therefore there is no function below the injury. An incomplete injury means that only a portion of the spinal cord is severed. Therefore, some functionality may exist below the injury site. These are not the only way to classify a spinal cord injury. Your medical records will go more in depth and explain the specifics of your injury. They will refer to which part of the spine (front, middle, or back) was injured and your paralysis (quadriplegic, paraplegic, etc.). This information has a significant impact on the value of your case. A complete C1 level spinal cord injury means the spinal cord at the first vertebrae in your neck was severed entirely and that you are paralyzed from the neck down. An incomplete L5 level injury means the injury site is the 5th vertebrae in your lumbar region and that you have at least partial movement in your legs. Return to top ↑ What Types of Accidents Most Commonly Cause Spinal Injuries? Spinal cord injuries can occur in a wide variety of accidents. Any...

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How Much Can I Get in a Rear-End Collision Settlement?

Category: Articles & FAQ |

Rear-ended in Florida? This article will help you understand the factors that most impact the potential settlement amount for your injuries and damages. Rear-end collisions can leave unsuspecting victims with multiple injuries. Some of the most common injuries in these accidents can occur to the neck, back, head, and rotator cuff. Most people think about head and neck injuries in a rear-end accident. However, they may not realize their shoulder pain may also be related. If you injured your rotator cuff in a car accident, you might be entitled to reimbursement for your damages as well as your pain and suffering.  When you retain a professional Florida car accident attorney, we will help you fight for compensation for all of your injuries, time off work, pain and suffering, and more. Is There an “Average” Rear-End Accident Amount? It’s important to understand that if you’re presenting a claim after being rear-ended, the settlement amount will vary in each case. There is no average settlement amount for a rear-end accident or any other type of personal injury claim. The reason for this is that each claim is unique, and the accident circumstances aren’t always the same. Return to top ↑ What Types of Injuries are Most Common in Rear-End Car Accidents? Depending on the severity of the collision, the types of injuries will differ. Some of the most common ones include head, neck, back, and shoulder injuries. Concussions can happen regularly in rear-end collisions as your head may strike something in the vehicle. Head injuries are not always immediately apparent either. Sometimes it can take 24 hours for someone to realize they have a concussion. In more severe collisions, you may suffer a traumatic brain injury. Symptoms like headaches, blurry vision, sensitivity to light, or an inability to concentrate can be telltale signs of a head injury. Many plaintiffs overlook their shoulder pain and mistakenly assume it’s just sore. Torn rotator cuffs are painful and more common than people realize in rear-end accidents. Symptoms of a rotator cuff tear include: Shoulder and muscle weakness; Radiating pain down your arm; Limited range of motion in your shoulder; Clicking or popping sound when you move the painful shoulder; Struggling to raise your arm above your head; Swelling in your shoulder area; Neck or upper back pain; and Severe or sudden pain on the outer side of your shoulder. Your back and neck pain may only be soft tissue damage, or there could be something more serious going on. Having x-rays and even MRIs may be necessary to determine the extent of your injuries. Spinal injuries may be severe and cause pinch nerves, leaving you in excruciating pain and unable to walk. If conservative treatment options fail, you may need steroid injections or even surgery.   Return to top ↑ How Does the Type of Injury Sustained Impact the Amount of the Settlement? The type of injury you sustained will impact the overall rear-end accident settlement value in multiple ways. Your amount of medical bills is a primary example. Consider someone who has $200,000 in medical bills compared with someone who has $2,000 in bills. The plaintiff with several hundred thousand in bills will be asking for far more than the other person. Some injuries are more serious and therefore may be entitled to a higher dollar amount for pain and suffering. Someone who suffered only a mild case of whiplash will not receive the same settlement as someone who had to undergo multiple neck and back surgeries. Case values are based on a combination of other factors as well, such as loss of earnings, future treatment, disability, and physical vehicle damages. This is why no two rear-end collision settlements are the same.  Return to top ↑ Is the Driver Who Rear-Ends the Other Vehicle Always at Fault? No, the driver who rear-ends someone isn’t necessarily at fault. One common example of this is with a multi-car rear-end collision. The car that rear-ended you may have been pushed into you by the vehicle behind them. There are several other situations where the driver who rear-ends the vehicle in front is not entirely at fault. Perhaps the front vehicle suddenly reverses, or it has no working brake lights and stops suddenly. Or perhaps the front vehicle broke down and the driver didn’t put their emergency flashers on or try to pull the vehicle off the road. In situations like this, the driver in front may be at least partially at fault for the accident.  Return to top ↑ What Evidence Is Most Critical in Determining Fault in a Rear-End Collision? Determining fault in a rear-end collision is not always straightforward. While skid marks, witness statements, and scene photos are important pieces of evidence, they don’t always tell the whole story. Sometimes you need an expert to review the physical vehicle damages and witness statements. This can be accomplished by retaining an accident reconstructionist. These experts conduct a thorough review of the accident and provide a scientific answer as to how the collision occurred. They may also go as far as recreating the accident to duplicate the crash conditions in a controlled environment. The use of experts is typically reserved for cases with severe injuries and/or disputed liability. Return to top ↑ What Are Some Examples of Rear-End Cases That Abrahamson & Uiterwyk Has Handled? Our Florida car accident attorneys have handled numerous rear-end collision cases in our over 30 years of experience. Many of these cases resolved with six-figure settlements for our clients. Several rear-end collision settlement examples are: $875,000 for a 36-year-old female who suffered cervical and lumbar spine injuries; $750,000 for a client who sustained multiple injuries; $550,000 for a client who suffered severe injuries after the defendant failed to observe stopped traffic ahead; $525,000 for a 62-year-old man who had multiple surgeries to repair shoulder and cervical spine injuries after a serious rear-end collision; $500,000 for a 21-year-old passenger injured in a rear-ended vehicle who sustained herniations to their neck and back that required...

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What to Do (and Mistakes to Avoid) After a Slip and Fall Injury

Category: Articles & FAQ |

Slip and fall injury in Florida? This article will help you understand what to do and what not to do after a slip and fall injury in Florida. No one leaves the house thinking that today is the day they are going to fall down and injure themselves. A slip and fall injury can occur anywhere. You might be at the market, a hotel, the mall, a parking lot, or even at your job when you suddenly find yourself on the floor. It’s understandable that you may be confused about what to do after a slip and fall accident. Taking the right action is vital. If you make any mistakes, it can ultimately compromise your case. This is one reason why retaining an experienced Florida slip and fall injury attorney right from the start is so important. When you have a knowledgeable lawyer representing you, they will guide you through the entire claims process. Your attorney will keep you from making mistakes and jeopardizing your case going forward. 4 Steps to Take After a Slip and Fall Injury No matter the circumstances surrounding your slip and fall, there are some necessary steps that you need to follow. 1. See a Doctor Right Away One of the most critical steps after an injury accident is to get medical attention right away. Ensuring you are ok should always be your top priority. If you are seriously injured, you may need to be transported to the hospital directly from the scene. 2. Take Scene Photos Taking scene photos immediately after the accident is ideal. However, if you are seriously injured and cannot move, do not further risk your health and safety. If you are with someone else, ask them to take photos before being transported to the hospital. 3. Report the Incident to the Manager or Owner You must report the slip and fall as soon as possible. If your injuries aren’t severe enough that you are taken away by ambulance, reporting it right away is best. You need to let someone with authority know what happened. That can be a store manager, landlord, security officer, etc. If the incident occurred while at work, you need to let your boss and human resources know right away. 4. Contact a Florida Slip and Fall Injury Attorney One of the next steps should be to retain a Florida slip and fall injury attorney. You need to concentrate on your recovery and getting back to work. When you hire Abrahamson & Uiterwyk to represent you, our team of premises liability lawyers will be there to explain every step of the process. We will get to work right away on inspecting the scene, speaking with witnesses, and gathering all evidence that supports your claim. If we need to hire an expert to support your version of the facts, we have the contacts and resources to make that happen. Return to top ↑ Key Mistakes to Avoid After a Slip and Fall Accident Knowing what not to do after a slip and fall injury is essential and can help prevent you from putting your claim at risk. Insurance adjusters and defense attorneys almost always dispute slip and fall injury claims. Presenting the most persuasive case possible will make the difference on how much compensation you ultimately get. Here are some of the most common mistakes people make after a slip and fall injury: Do not report the claim timely or at all; Fail to obtain contact information for witnesses; Forget to get scene photos or collect any evidence; Don’t seek timely medical attention; Don’t report to their boss or human resources in work-related slip and falls; Give a recorded statement to the other side’s insurance company; Sign a release at the scene; Skip doctors’ appointments and therapy treatments; and Don’t hire a Florida premises liability attorney. Even if you made one of these mistakes, your attorney might be able to repair the damage. If you didn’t retain an attorney right away, be sure you pay close attention to your conversations with the property owner’s insurance adjuster. They may try to make you believe that they are on your side, but their top priority is finding a way to deny your claim outright. Their client is the property owner, and their job is to save the insurance company money.    Return to top ↑ After a Slip and Fall FAQ Understandably, we get a lot of questions from potential clients after a personal injury incident. We’ve compiled answers to some of the most frequently asked questions on slip and fall injuries. When Should I Go to the Doctor After a Slip and Fall? If you are not transported from the scene directly to the hospital, you should make an appointment right away. It’s best if you can see a doctor on the same day or the following day. You may have injuries that are not immediately visible, like internal bleeding or organ damage. How Long Do You Have to Go to the Doctor After a Slip and Fall?  The amount of treatment needed after a slip and fall varies. Your doctor will advise you on how long you will need treatment and your future prognosis. What Should I Do/Know If My Slip and Fall Happened at Work? If your slip and fall occurred at work, you need to let your boss know right away. You may need to report the claim to your human resources department as well. Reporting is crucial, even if you don’t think you are injured at the time. In most circumstances, you will need to file a workers’ compensation claim to recover any damages. Once your claim is reported, you will be contacted by the claims adjuster who will let you know what to do next. They will provide you with a list of approved workers’ compensation doctors that can treat you. For most work-related injuries, your sole source of recovery may be the payments received through your employer’s workers’ compensation policy. However, some workers’ compensation...

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What to Expect and How to Prepare for Your Free Personal Injury Consultation

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Personal injury consultation in Florida? This article will help you understand you should expect and questions to ask. When you have been injured in a personal injury accident, choosing the right attorney can feel daunting. Don’t let the fear of making a wrong choice keep you from retaining a lawyer. Almost all Florida accident lawyers offer a free consultation. If you are searching online for a “personal injury lawyer near me” with free consultations, be sure to contact us at Abrahamson & Uiterwyk. Our lawyers have over 30 years of experience handling personal injury and accident claims throughout Florida. Before you meet with Abrahamson & Uiterwyk, make sure you are well-prepared. Be sure to gather all pertinent information and have a list of questions written down to ask during your consultation. To get you started, we’re sharing how to get prepared and what to expect at your initial personal injury consultation. Information You Should Gather for Your Consultation Make the most of your initial consultation by bringing as much information and evidence about your case as possible. Some of the most important documentation to have with you includes: Government-issued ID, Accident or incident report, Scene photos, Police citation, Insurance information, Insurance company correspondence, Injury photos, Witness information, Emergency room records, Doctor reports, Diagnostic lab results, Receipts for accident-related expenses, Pre-existing medical conditions, List of current prescriptions, Your notes, and Any other pertinent information. Some of these may not apply to your situation, which is fine. For example, you may not have the accident report back yet or the police may not have issued a citation. If you haven’t already written down notes about the accident, start now. It’s not uncommon to forget small details as time goes on. You should write up a comprehensive account of everything that happened at the scene of the accident. Having all of this documented in one place will help your future attorney as well.   Return to top ↑ Questions the Attorney Will Likely Ask You When you meet with an injury attorney for your free consultation, most of that meeting will be spent discussing what happened during the accident. The attorney wants to know your version of events and what injuries you sustained. An experienced attorney will ask you plenty of questions to learn more about your case. Attorneys also use this time to assess you as a potential client. They do this as a way of evaluating how you will appear on the stand or during a deposition.  The attorney will likely ask you about the following information during your consultation. Timing One of the first questions your attorney will ask before proceeding is when the incident or accident occurred. Attorneys need to find out whether the statute of limitations has already passed. In most cases, this may not be an issue. However, there are some claims where the statute of limitations is about to expire or already has. In those situations, it’s nearly impossible to get the court to accept your filing, so an attorney may decline to take your case. Facts of the Case Expect that you will be asked about specific details of your accident. They want to know whether you received a traffic citation or if criminal charges were filed.  The attorney will probably ask if you previously provided a recorded statement to the insurance adjuster and what you said. They are trying to determine whether you may have inadvertently admitted fault or said something that could harm your case. Medical History Your attorney needs your prior medical history to understand what your life was like before the accident. When you bring all that documentation with you, it saves time and allows the attorney to move on to the next set of questions. Return to top ↑ Questions That You Ought to Ask the Attorney Use your list of prepared questions to help assess whether a firm is the right fit for you. Some clients come to us after disappointing meetings with other firms. There are several reasons for this. It may be because they were caught off guard by something said or their case was transferred to an attorney with less experience. We want you to be happy and feel secure in your decision to retain Abrahamson & Uiterwyk. When you have a list of questions to ask us at the initial consultation, you can make an educated decision on whether our firm is right for you.    Questions you should be asking at your first meeting include: What will happen after this free consultation? How long do you think my case will take to resolve? Will you be the attorney assigned to my case? What is your background with these types of cases? How long have you been practicing? What is your record at trial for similar cases? What is your billing structure? Who will deal with my current medical bills? What is your timeframe for returning client calls and emails? How long do I have before we need to file a lawsuit? Do I need to do anything else after this meeting? How are you different from other Florida personal injury firms? When will I receive payment after my case settles? How much will you take from my settlement? There may be some other questions to ask that are specific to your case. Perhaps you have been negotiating with the insurance company already, and they extended an offer. You may have questions related to that offer and whether it’s fair. It’s better to have more questions on your list than not enough.   Return to top ↑ Contact a Florida Accident Lawyer for a Free Consultation  If you have been injured in a Florida personal injury accident, don’t attempt to resolve your case on your own. Retaining an experienced attorney can help you maximize your case value. We can also help expedite the claims process.  We understand that this is a stressful and confusing time for you. We offer professional, yet compassionate, legal representation. We want to help...

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How Much Should I Expect from My Florida Auto Accident Settlement?

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Car accident in Florida? This article will help you understand the factors that most impact the potential settlement amount for your injuries and damages. If you were injured in a car accident in Florida, you are probably wondering how much money you can recover from a car accident settlement. Many factors affect your car accident settlement amount. Every case is different, so your settlement entirely depends on the specifics of your accident, injuries and damages. At Abrahamson & Uiterwyk our car accident lawyers research the specifics of your case extensively and represent you during negotiations. Along with the factors that we will explain below, legal representation significantly affects your settlement amount. Due to our experience and expertise, our attorneys help clients achieve a higher average car accident settlement amount. The car accident attorneys of Abrahamson & Uiterwyk are ready to discuss your accident and settlement amount during a free case evaluation. If you’ve been injured in a Florida car accident we invite you to contact us by phone at 800-753-5203 or online anytime to get answers from our qualified legal professionals. What is the Average Auto Accident Settlement in Florida? Unfortunately, there is no average settlement amount for car accidents in Florida. This is because settlements depend greatly on the unique circumstances of each case. Several factors affect your settlement, including: Negligence of the at fault party, Any contributing negligence of the injured party, Extent of impact and property damage, Whether the at-fault driver was under the influence of drugs or alcohol, Amount of available bodily injury insurance coverage with the at-fault vehicle owner and driver, Amount of available uninsured/underinsured motorist insurance coverage with the injured party, their resident relatives, and the car they are in, Severity of your injuries, Extent of pre-existing injuries, Ability to prove the injuries were caused by the accident, and Extent of your damages including pain and suffering, past and future lost wages, and past and future medical bills. Since settlement amounts are highly contextual, it’s best to discuss the specifics of your case with one of our personal injury attorneys. Return to top ↑ Examples of Abrahamson & Uiterwyk Auto Accident Settlements At Abrahamson & Uiterwyk, we have recovered hundreds of millions of dollars in compensation for our clients. Here are several recent auto accident settlements we have achieved for our Florida clients: $525,000.00 / Motor Vehicle Accident / Spine and Back Injuries / Dade City, Florida On July 22, 2016, our client was attempting to make a U turn on Highway 301 in Dade City, Florida and was stopped in the median. The defendant was headed south on U.S. 301 when he left the roadway, crashed through a street sign and struck our client causing him to be pushed into oncoming traffic whereupon he was struck by a passing northbound vehicle. This photo shows the damage to our client’s vehicle as a result of the accident. The defendant later claimed that a phantom vehicle rear-ended him causing him to strike our client. Our client was transported to the hospital with back injuries and later followed up with several physicians. An MRI scan revealed large disc herniations in his lumbar spine. He exhausted all conservative care, including therapy and epidural steroid injections. Ultimately, he required a discectomy operation to relieve the pressure in his spinal canal. Our attempts to settle the case before a lawsuit were rebuffed by the insurance company, which acted unreasonably and refused to take responsibility for the accident. Therefore, we filed a lawsuit against the at fault party. During the course of the lawsuit, we pressured the insurance company to produce proof of their claims that they were not the at fault party, and that someone else had caused the accident. Eventually our pressure was successful, and we were able to force the company to pay $525,000.00 as compensation for our client’s injuries. $500,000.00 / Car Accident / Herniated Discs / Homosassa, Florida Our client was traveling on a main road in Homosassa, Florida, when a vehicle from her right, exited a private driveway directly into the path of our client. As a result of the other driver’s carelessness, our client impacted the side of the other vehicle. The impact was so severe that our client’s air bags deployed, and the vehicle was considered a total loss. This photo shows the damage to our client’s vehicle as a result of the auto accident. After the accident, our client was transported to the emergency room where she was diagnosed with neck pain, chest pain and right arm pain. Following her discharge from the hospital, our client began conservative care with a chiropractor and underwent an MRI of the cervical spine and the lumbar spine. The MRI’s revealed multiple herniated discs in the cervical and lumbar spine. Our client ultimately had surgery at both the cervical and lumbar levels. Based on the injuries sustained by our client, Abrahamson and Uiterwyk sent a demand to the defendant driver’s insurance company and they agreed to pay $100,000, which represented the full amount of the defendant driver’s insurance coverage. Abrahamson and Uiterwyk also sent a demand to the owner of the vehicle that the defendant was driving, which turned out to be a local car dealership. The dealership had loaned the vehicle to the defendant while the defendant’s personal vehicle was being repaired. The insurance carrier for the dealership attempted to classify the loaner vehicle as a “rental car,” which would have had the effect of lowering the applicable insurance coverage to only $10,000. Abrahamson and Uiterwyk conducted an extensive legal analysis of the insurance carrier’s position and was able to prove to the insurance carrier, that their opinion was not supported by Florida law. The insurance carrier agreed and after further negotiation, tendered their policy limits of $500,000. $300,000.00 / Rear-End Car Accident / Neck, Back, and Shoulder Injuries / Citrus County, Florida On August 18, 2016, our client was northbound on Suncoast Parkway in Citrus County, Florida near the intersection of Veteran’s Drive. Unfortunately,...

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What Is the Average Settlement for a Rotator Cuff Car Accident Injury?

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If you sustained a serious shoulder injury in a Florida car accident, you might be facing the prospect of rotator cuff surgery. A rotator cuff injury can cause extreme pain and require extensive rehab and recovery time. If the actions of another person caused your accident and injuries, you deserve compensation for your losses. Due to the nature of severe shoulder injuries, rotator cuff settlements can be substantial. Although it is difficult to estimate an average settlement for a shoulder injury, a car accident lawyer can help determine the value of your case. Contact one of the experienced Florida car accident lawyers of Abrahamson & Uiterwyk today to learn more.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ What Is the Rotator Cuff? This term describes a collection of tendons, cartilage, and muscles that surround the shoulder. These tissues support and stabilize the shoulder and keep the head of the humerus (the upper arm bone) correctly situated in its socket. More importantly, the rotator cuffs allow you to make overhead movements with your arms. Movements such as swimming, shooting a basketball, putting on a hat or reaching for an object on a high shelf wouldn’t be possible without the rotator cuff.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ What Does It Mean to Tear the Rotator Cuff? This injury typically occurs when one or more of the shoulder tendons detaches from the head of the humerus. Rotator cuff injuries are classified as either partial or complete tears, depending on whether any part of the tendon remains attached to the bone. The tear that occurs is more like a hole in the tendon. The severity increases as more of the tendon becomes damaged. Tearing a rotator cuff results in extreme pain. In addition, this injury severely impedes your ability to use your arm for lifting, reaching, and other common movements. If you suffer this type of injury, you could lose your ability to perform even the simplest of everyday tasks. These injuries can occur over time due to overuse. Rotator cuff tears can also happen suddenly, due to trauma from improper or heavy lifting or falling on an outstretched arm. A sudden, traumatic injury is known as an acute tear. However, some of the most common and painful causes of acute rotator cuff tears are car accidents and other motor vehicle collisions.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ What Are the Most Common Causes of Car Accident-Related Rotator Cuff Tears? Shoulder injuries are a common result of motor vehicle collisions of all types. Whether you were struck by another passenger vehicle, a bus, commercial truck, or delivery van, you face the risk of injuries such as rotator cuff tears. In Florida, some of the most common causes of car accidents include: Drunk drivers, Tired drivers, Distracted drivers, Speeding, Failure to yield, Failure to stop, and Failure to obey traffic signals. Single-car accidents, including rollovers, can also lead to severe injuries. Single-vehicle accidents are often caused by: Obstructions in the roadway, Road construction, Roadway debris, Poor road maintenance, Obstructed views, and Faulty vehicle components. Whether you had an accident with another vehicle, or another factor caused your car to crash, you have the right to pursue justice. If the actions of another person or party led to your accident, a personal injury attorney can help you recover the compensation you deserve for your damages.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ What Is the Average Rotator Cuff Tear Car Accident Settlement? Rotator cuff and other shoulder injuries can be complex to diagnose and treat. The prognosis for your recovery depends on the nature of your injury and how severe the tear is. These and other factors have a direct influence on the potential value of your claim. The unique nature of injury accidents makes it impossible to estimate an average settlement for a rotator cuff injury. Likewise, an online car accident settlement value calculator won’t be able to consider the details of your case or grasp all the damages you suffered as a result of the at-fault party’s negligence. To determine the approximate value of your rotator cuff car accident claim, contact one of our Florida injury accident lawyers at Abrahamson & Uiterwyk today.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ Will Requiring Rotator Cuff Surgery Affect the Value of My Personal Injury Claim? Many serious shoulder injuries require surgical repair. Some more fortunate victims can have this repair performed arthroscopically. For this procedure, an orthopedic surgeon makes a minor incision. Through this incision, the surgeon inserts a small camera (scope) and surgical instruments to complete the repairs. Other accident victims cannot have their injuries repaired using this minimally invasive procedure. In that case, the surgeon must access the shoulder using a large, open incision. If your injury requires surgical repair, your medical treatment costs will be exponentially higher—and that increases the value of your claim. In addition, surgery often means a long, painful recovery involving physical therapy and rehabilitation. The pain and suffering involved in your recovery can potentially increase your claim’s value. Finally, if your injury left you with diminished range of motion or other permanent damage, your lawyer can pursue compensation for your disability as a part of your rotator cuff surgery settlement.     ROTATOR CUFF TEAR CAR ACCIDENT SETTLMENT FAQ Do I Need a Car Accident Lawyer to Get a Rotator Cuff Injury Settlement? In Florida, you are not required to have a lawyer to recover a settlement for your injuries. However, rotator cuff settlements pose several challenges. Unless you have a legal background or experience negotiating with insurance companies, you want to consider having an attorney on your side. When you choose an injury accident attorney from Abrahamson & Uiterwyk to assist you, you will benefit from our 30+ years of experience. We have assisted more than 20,000 clients, recovering more than $300 million in settlements and jury verdicts. We treat every client as though they...

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Hit by Car as a Pedestrian: How Can I Maximize Compensation?

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If you or a loved one was struck by a car while you were on foot, you may have the right to pursue compensation for your injuries and other damages. To maximize your compensation, you must prove the driver’s negligence and thoroughly document all your economic and non-economic damages. An experienced Tampa pedestrian accident lawyer can help. Your attorney can build a persuasive case and fight to get you the maximum compensation possible. With your lawyer handling every aspect of your case, you can focus on healing and getting back to work.     PEDESTRIAN HIT BY CAR SETTLEMENT FAQ What Are the Most Common Causes of Florida Pedestrian Accidents? Although pedestrians can cause or contribute to an accident, motorists’ negligence is the most common cause of pedestrian accidents in Florida. At Abrahamson & Uiterwyk, our personal injury lawyers frequently assist accident victims who suffered injuries due to: Distracted driving, Impaired driving, Speeding, Failure to yield, Failure to stop, Aggressive driving, and Failure to obey traffic control signals. In some cases, motorists strike pedestrians due to other factors such as poor visibility or obstructed views. In these instances, a third party might have contributed to your accident and injuries.     PEDESTRIAN HIT BY CAR SETTLEMENT FAQ I Was Hit by a Car: How Much Money Will I Get? If you were a pedestrian hit by a vehicle, compensation can help ensure you get the treatment and resources you need to get your life back on track. It’s natural that you might wonder what your claim value could be worth. To determine what your case value might be, consult a pedestrian accident attorney for a consultation and case analysis. You may be eligible to recover compensation for: Medical bills, Lost income and benefits, Pain and suffering, and Emotional trauma. An attorney can also pursue compensation for any future treatment you need as well as any expected income losses. You could recover compensation for disfigurement, scarring, or disability you suffered as well as diminished earning capacity and diminished quality of life.     Featured case result: Pedestrian Hit By Car Settlement for Client Who Suffered Leg and Neck Injuries This unfortunate accident occurred in Madeira Beach, Florida at around 7 p.m. Our clients were walking to their car following dinner that night. As they were crossing a street in a marked crosswalk, they were both struck by a vehicle headed north. The case was difficult because the police officer found that our clients had run into the road while the driver had the right of way. Our clients denied running and stated that they had the right of way at the time they began crossing the street. We were able to show that our clients had crossed six lanes of traffic prior to being struck by the vehicle. One of our clients suffered a fractured sternum as well as a fibular fracture in her lower leg. She also sustained herniated discs in her neck and lower back and a torn meniscus in her right knee. Her partner broke his ankle badly and required a surgery known as an open reduction and internal fixation to repair the fracture. We were able to convince the insurance company (for the driver of the vehicle that struck them) that their driver had liability for the accident since our clients should have been visible to her as they crossed the road…and thus should have avoided the accident. As a result, the company paid its limit of liability insurance to each of our clients. PEDESTRIAN HIT BY CAR SETTLEMENT FAQ What Is the Average Settlement for a Pedestrian Hit by a Car? Being struck by a car can leave pedestrian victims with injuries ranging from cuts and bruises to traumatic brain injury—and everything in between. The severity of your injuries can be affected by factors such as the vehicle’s speed, the size and type of the vehicle, and the surroundings where the incident took place. Other factors that can affect the value of your claim are the severity of your injuries and how they will affect your life. Life-threatening and permanent injuries are typically valued more highly than injuries from which the victim fully recovers. If the victim’s actions contributed in any way to the accident, that could potentially affect the claim’s value as well. These and other variables make it impossible to determine an average settlement value for a pedestrian hit by a car. Discussing the details of your case with a knowledgeable attorney will provide you with the potential settlement value you might stand to recover.     PEDESTRIAN HIT BY CAR SETTLEMENT FAQ What Duties Do Motorists Have to Pedestrians? Motorists have a duty to act reasonably to protect others from harm. This duty extends to other motorists, bicyclists, and pedestrians. This means that drivers must pay attention behind the wheel, avoid driving when tired or impaired, and obey traffic laws and posted signage. When a driver behaves recklessly or is negligent, they fail to uphold their duty of care. If a driver’s negligence causes an accident, he or she is liable for any resulting damages suffered by the victim or victims.     PEDESTRIAN HIT BY CAR SETTLEMENT FAQ What Rights and Duties Do Pedestrians Have? Anyone who walks in the vicinity of vehicle traffic has the right to basic safety. For example, a pedestrian walking along the sidewalk should not have to worry about a distracted driver swerving, hopping the curb, and hitting them with their car. If a pedestrian observes the law and acts reasonably, they have the right not to be harmed. Pedestrians also have a duty to act with reasonable care to avoid being hit by a car. If someone fails to act reasonably and gets hit as a result, they may contribute to any resulting accident and subsequent injuries. Some examples of exercising reasonable care include using crosswalks, crossing only when the “walk” indicator is present, and not darting out between parked cars into the street. However, even...

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Herniated Disc from Car Accident: How Can I Get a Large Settlement?

Category: Articles & FAQ |

For many victims who experienced a herniated disc from a car accident, settlement values can be substantial. Severe spine injuries typically require extensive treatment and rehabilitation, potentially affecting every aspect of the victim’s life. Recovering fair financial compensation for your damages will help ensure you get the treatment you need and provide peace of mind for the future.  To explore your options for filing an insurance claim or lawsuit, talk to a Florida car accident attorney.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ Understanding Herniated Disc Injuries Resulting from Car Accidents Spinal disc herniation refers to a condition that affects the rubbery cushions that separate the vertebrae. Discs (or disks) have a jelly-like center called the nucleus. When the rubbery covering (called the annulus) of the disc ruptures, some of the nucleus can ooze out, creating a herniation. In some cases, herniation causes no harm or notable symptoms. More often, however, the herniation pushes on one of the delicate and highly sensitive nerves of the spinal cord. The results can range from mild pain to lifelong debilitating symptoms. Car accidents are one of the most common causes of disc herniation and other spinal injuries. The force of a car crash—even a seemingly minor collision—exerts excessive and unusual force on the spine. In addition to car accidents, some of the most common incidents leading to disc herniation injuries include motorcycle crashes, truck accidents, and incidents involving specialty vehicles such as tractor-trailers, busses, commercial trucks, and construction vehicles. If you or a loved one sustained this type of injury in an accident that wasn’t your fault, you may have the right to pursue legal action.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ Common Symptoms of Herniated Discs The symptoms of a serious disc herniation can be overwhelming. The type of symptoms you experience can vary depending on which part and how much of the spine was affected. Common symptoms include: Neck pain, Back pain, Arm or leg pain, Numbness, and Weakness. The extent of disc-related injuries can be significant. Many spinal injury victims suffer significant neurological damage as a result of their accident, ranging from partial paraplegia to full paralysis, or tetraplegia. Many of these victims never recover fully, requiring a lifetime of pain management, treatment, and personal care. Spine injuries can also lead to complications that further degrade your health and quality of life. If a herniated disc compresses the nerve bundle at the base of the spine, you could experience truly debilitating pain, numbness or weakness. Other potential complications include: Bladder dysfunction, Bowel dysfunction, and Saddle anesthesia. Saddle anesthesia is the loss of sensation on the backs of the legs, the inner thighs, lower buttocks, genital and rectal areas—all the parts of the body that would come into contact with a saddle if you sat on one. Patients who experience these complications may require emergency surgery to avoid permanent damage.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ How Are Spinal Disc Herniation Injuries Treated? Spinal injuries require advanced treatment from qualified medical practitioners and specialists. To determine the appropriate treatment regimen, your doctor will perform a comprehensive exam to diagnose the nature and extent of your injury. This might require medical testing such as: X-rays, CT scan, MRI, Myelogram, Nerve conduction testing, or Electromyography (EMG). Based on the outcome of your testing, the doctor will recommend an appropriate treatment plan. Pain management is typically necessary to help victims cope with their symptoms. This could include prescription pain medication (opioids), muscle relaxers, and steroid injections administered directly into the spine. Unfortunately, pain management does nothing to improve the disc herniation itself. Even physical therapy cannot reverse the damage to the spine in most cases. For many back-injury victims, the only way to repair a damaged disc is through surgery. Herniated disc surgery takes many forms. The surgeon may remove some or all of the damaged disc. If the disc requires full removal, the surgeon may fuse the vertebrae together using metal rods for stability and bone grafting.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ What Is the Average Herniated Disc Settlement Amount? No two accidents or victims are alike. Consequently, every spine injury settlement is unique in nature and amount. Settlement values range from modest to substantial, based on the victim’s economic and non-economic damages. When choosing a car accident lawyer to represent you, ask potential attorneys about their experience with herniated disc injury settlements. Ask about the value of settlements and jury awards they obtained for past clients. This will help you determine if a particular attorney has the knowledge and experience to get the job done for you.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ Can a Herniated Disc Settlement Calculator Estimate Your Settlement Value? Do not trust these calculators. Without considering all the details of your case, no individual or automated injury settlement calculator can accurately estimate what your case might be worth. Once a personal injury attorney has the opportunity to evaluate your case and review the details of your injuries, you can get a better estimate of your claim’s potential value.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ What Factors Affect the Value of a Herniated Disc Car Accident Settlement? The value of your settlement will depend on your physical, emotional, and financial damages. You may have the right to recover compensation for some or all of the following: Doctor and hospital bills, Other medical care costs, Rehabilitation and therapy costs, Lost wages to date, Future medical and care costs, Loss of future earnings, Pain and suffering, Diminished quality of life, and Diminished earning capacity. You may also be entitled to compensation for any permanent injuries or disability you experienced.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ Do Steroid Injections Affect the Value of a Herniated Disc Settlement? If you require steroid injections as a part of your treatment, you may be able to recover more compensation for your injury. Having injections...

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Headaches After a Car Accident: Can I Get Injury Compensation?

Category: Articles & FAQ |

Car accidents commonly cause spine and neck injuries such as whiplash. However, victims don’t necessarily experience the symptoms of these injuries immediately. If you develop headaches or other symptoms days or even weeks after a collision, you might wonder whether you can still make a claim for compensation. If you experience headaches after a car accident, your symptoms could indicate a serious injury that requires medical attention. Consider consulting an attorney as soon as possible to protect your legal right to recover compensation. A Florida car accident lawyer can evaluate your case and explain what’s necessary for you to pursue a legal claim.     HEADACHE AFTER A CAR ACCIDENT FAQ What Causes Headaches After a Car Accident? The sudden and violent nature of motor vehicle collisions can result in a variety of severe injuries. Fractures, dislocations, contusions, and lacerations are all readily visible or can be easily identified with medical testing, such as x-rays, MRIs, or CT scans. Some other types of serious injuries are much more difficult to detect. In fact, you might not be aware of any damage until you develop symptoms such as headaches. Some of the most common causes of headache after a car accident are: Whiplash, Concussion, Traumatic brain injury (TBI), Soft tissue damage, and Nerve damage. Among these potential injuries, whiplash and brain injuries pose some of the most serious threats to your future health and well-being.     HEADACHE AFTER A CAR ACCIDENT FAQ Can I Seek Compensation for a Headache-Related Injury? If another party was at fault for your car accident, you have the right to pursue compensation for your damages. In most cases, injury accident victims can submit their claim to the at-fault party’s insurance company. This requires documenting your claim and damages and then negotiating to reach an acceptable settlement offer. If you can’t obtain a reasonable settlement through the insurance company, you have the option of filing a civil lawsuit and making your case in court. A car accident attorney can help you determine the viability of your case and explain the process through which you can recover compensation for your economic and non-economic damages.     HEADACHE AFTER A CAR ACCIDENT FAQ What Is the Potential Value of My Car Accident Headache Settlement? The potential value of your headache injury claim will depend on the details of your case. Car accident lawyers calculate the victim’s physical, financial, and emotional damages to arrive at an estimated settlement value. Because every injury accident is unique, it’s not possible to identify an average car accident claim value. You might find websites that claim the ability to calculate your settlement value. Do not trust these websites. Without having all the details about your injuries and how they affect your life and future, no one can accurately estimate what your claim might be worth. The best way to determine how much compensation you might be entitled to recover is to consult a headache injury accident lawyer. After evaluating your case, an attorney can provide you with a more accurate assessment of your claim’s potential value.     HEADACHE AFTER A CAR ACCIDENT FAQ What Evidence Do I Need to File a Headache Injury Claim? To build a persuasive case, car accident lawyers first obtain evidence to establish fault for the accident and liability for the victim’s damages. In some cases, establishing fault is fairly straightforward. For example, if another motorist rear-ended your car, the law almost always assigns liability to the driver who struck the other vehicle from behind. In other cases, however, your attorney may need additional evidence to establish fault and prove negligence. Some evidence that might be necessary to support your claim includes: Accident reports, Witness testimony, Accident scene photos, Expert opinions, and Accident scene reconstruction. To establish the value of your damages, your attorney might use some or all of the following documentation. Medical bills, Wage statements, and Vehicle repair estimates. You may also be entitled to recover compensation for pain and suffering, emotional trauma, scarring, disfigurement, or disability. If you cannot work because of your injuries, or if you require future treatment or ongoing care, your attorney will also consider the estimated cost of future treatment and care as well as the estimated value of future lost income and benefits.     HEADACHE AFTER A CAR ACCIDENT FAQ What Should I Do After a Car Accident? Because the risk of delayed onset injuries is so significant, personal injury lawyers recommend that accident victims seek medical attention immediately after a car crash. Even if you don’t believe you were hurt., seeking a full medical evaluation is important. If you do have a brain or soft tissue injury, seeking treatment immediately can help ensure your recovery. Having your condition documented by a qualified medical practitioner is also critical for documenting your injury claim. If you don’t see a doctor until days or weeks after an accident, the insurance company could claim that the accident wasn’t the cause of your injuries, or that your injuries weren’t that serious.     Talk to a Florida Car Accident Lawyer for Help Talking to an experienced personal injury lawyer will help you get the answers and assistance you need. In Florida, the personal injury lawyers of Abrahamson & Uiterwyk have been providing assistance to injury accident victims for more than three decades. To help you learn more about your options for pursuing legal action, we offer a no-cost consultation and case evaluation for Florida car accident victims. Contact us today for help with your car accident headache injury claim.  

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What to Do After a Car Accident That’s Not Your Fault

Category: Articles & FAQ |

If you were injured in a car accident that was not your fault, it’s essential that you take the proper steps – and avoid making key mistakes – in the period following the accident. A car accident can happen to any driver. Even drivers who are careful, attentive, and following the rules of the road can get into an accident. Often, the fault of others on the road can involve the most innocent drivers in an accident. As the innocent driver, you should understand what to do after a car accident that’s not your fault. Below are the steps you should take when you are in an accident that is not your fault.     WHAT TO DO AFTER A CAR ACCIDENT THAT’S NOT YOUR FAULT 🚧 Ensure Your Immediate Safety You should take steps to make sure you are safe, even if the accident is not your fault. To ensure that you and your passengers are safe, you should: Move your vehicle to safety and out of the flow of traffic, Turn on your car’s hazard lights, and Check for your injuries and injuries of passengers. Move your vehicle out of traffic, but do not drive away from the scene. If the other driver flees, stay on the scene and continue to the rest of the steps below. When you are not in the flow of traffic, stay in your car and turn on your hazard lights. Call 911 if you, your passengers, or another driver is injured.     WHAT TO DO AFTER A CAR ACCIDENT THAT’S NOT YOUR FAULT 🚔 Involve the Police If no one has injuries that need emergency medical care, call the police. Whether the accident was minor or there is considerable damage to your vehicle, call the police. For the driver not at fault, there are several benefits to calling the police to the scene. The police report will become part of your insurance claim. The report will include information relevant to your insurance claim. Important information includes where and when the crash happened, the drivers involved, and each driver’s account of the crash. Sometimes, an insurance company will require that you submit a police report to make a claim. In most cases, a police report is a reliable source of information to bolster your claim with the insurance company. Either way, a police record that you were not at fault is beneficial to your insurance claim.     WHAT TO DO AFTER AN AUTO ACCIDENT THAT WASN’T YOUR FAULT 🗂 Gather Information and Evidence You should first trade information with the other drivers involved in the collision. The driver who is at fault handles reporting the accident to their insurance company. However, you should not assume that they will do so. The other driver’s insurance information is important if you want to recover for things like medical bills and car repairs. Gather information from the at-fault driver, including: Name, address, and phone number; Insurance company contact information; Insurance policy number; The driver’s license number; and Their car’s license plate number. Document the scene by taking pictures of the vehicle damage and the surrounding area. If possible, ask eyewitnesses for their names, contact information, and their immediate memory of the events.     WHAT TO DO AFTER A CAR ACCIDENT THAT YOU DIDN’T CAUSE 🗣 Be Mindful of Your Statements to Others Pay attention to the statements you make to other drivers. You should avoid speaking with the other drivers. Decide if you or someone else needs emergency medical care. However, be careful not to admit responsibility. This includes statements that an adjuster could interpret as admitting or implying fault. Do not offer to pay for property damage or injuries and do not discuss fault. Statements you should avoid making include statements like: “I’m sorry,” “I didn’t see you,” and “I am perfectly fine.” The other driver will likely repeat these statements to their insurance company. These statements could supply the insurance company grounds to dispute their insured’s fault and could delay or diminish your compensation claim.     WHAT TO DO AFTER A CAR ACCIDENT THAT WAS NOT YOUR FAULT 📞 Contact Your Own Insurance Company Even when you are not at fault, it is prudent to contact your insurance company. In most cases, the at-fault driver’s insurance company will compensate you for your injuries and property damage. In other cases, your claim will involve your insurance company. For example, the other party’s insurance may later claim that you were at fault. In this situation, your insurance company will need your account of the accident and supporting evidence to challenge the other insurer’s denial of liability.     WHAT TO DO AFTER A CAR ACCIDENT NOT YOUR FAULT 🚑 Get Medical Treatment for All Injuries You should see a doctor after a car accident, even if you do not think you were injured. Injuries are often not apparent until at least several hours after the accident. If you have symptoms such as confusion, tingling in your arms or legs, or unconsciousness, call 911 as your injuries may be severe. If you experience stiffness, muscle soreness, neck pain, or back pain one to several days after the accident, consult a doctor. You may have whiplash or spinal injuries that can require medical attention. Document your symptoms in a record or journal. When you see a doctor, give your health care professionals an honest description of your experience. Insurance companies may accuse you of exaggerating or lying about your injuries. This can delay your compensation and create more issues in resolving your claim. If the insurance company gives you a hard time, having medical records will support your injury claim.     WHAT TO DO AFTER A CAR ACCIDENT NOT YOUR FAULT 🕵 Have an Accident Attorney Evaluate Your Case You should discuss your accident with a personal injury attorney as soon as possible. The personal injury lawyers at Abrahamson & Uiterwyk can help you understand what to do after a car accident that’s...

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