Articles & FAQ

What Is the Average Settlement for Spinal Fusion Personal Injury Cases?

Category: Articles & FAQ |

Spinal injuries can devastate your life. They often require extensive medical care and leave you unable to work. If you sustained injuries that require you to have spinal fusion surgery, you might want to consider pursuing legal action against the at-fault party. A spinal fusion lawsuit settlement can ensure you get the treatment you need and cover your expenses when your injuries prevent you from working. To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. Talking to a personal injury lawyer can help you understand your options. An attorney can also advise you of what your claim value might be. What Types of Accidents Can Lead to Spinal Fusion Surgery? Although any type of serious accident can lead to devastating spinal injuries, the most common causes include: Car accidents, Motorcycle accidents, Truck accidents, Pedestrian accidents, Bicycle accidents, Slip and fall accidents, Medical malpractice, Construction accidents, and Defective products. Depending on the nature of your injuries, you may require fusion surgery for your cervical spine (the neck area) or your lumbar spine (the back). Any accident that caused significant jolting or jarring to your spine can lead to vertebral fractures, herniated discs, and similar types of damage. For many accident victims, spinal fusion surgery is the only way to treat these injuries successfully. Return to top ↑ Is There an Average Settlement Amount for Spinal Fusion Injury Claims? No two spinal injury cases are alike. For that reason, it is impossible to determine an average claim value for fusion surgery cases. Even personal injury settlement calculators cannot evaluate all the details of your case. These are clickbait; they do not accurately assess your case. You could get a better idea of what your case is worth by looking at the outcome of similar cases. The only way to know the actual value of your case, however, is to have your case evaluated by an experienced spine injury attorney. Return to top ↑ What Factors Influence the Value of a Spinal Fusion Surgery Settlement? The value of any personal injury claim depends on the actual damages suffered by the victim. Some of the most common types of spinal injury damages include: Medical treatment costs, Lost wages and benefits, Diminished earning capacity, Diminished quality of life, Pain and suffering, and Emotional trauma. Whenever a victim requires surgery after a personal injury, this factor typically increases the value of their claim. The more serious the surgery is, the more compensation you likely stand to recover. Your claim value can also vary based on your prognosis. If your injuries require ongoing care in the future, your claim will include those estimated costs. Likewise, if you cannot return to work, you deserve compensation for those losses also. The at-fault party’s negligence can also affect the value of your settlement. For example, a commercial truck driver who drank before getting behind the wheel might be guilty of gross negligence. In that case, your lawyer might pursue punitive damages on your behalf. Another important consideration is whether you settle your case instead of going to court. Verdicts awarded by a jury are often higher than pre-trial negotiations. However, going to court means that you will receive your compensation later, and it also carries the risk that you could lose. Return to top ↑ Is Spinal Fusion Surgery Considered a Permanent Injury? Although spine fusion surgery can improve your condition, it rarely restores your function fully. After fusion surgery, you could experience a permanent loss of mobility and other potential problems, including: Loss of sensation, Decreased strength, Nerve damage, Bone graft rejection, Surgical site infection, and Chronic pain. Depending on the nature and extent of your complications, you may not be able to return to work. Even if you can go back to work, you may have to accept a lower paying job if you physically cannot resume your prior duties. As a result, you might qualify for full or partial disability. Whether your disability is short-term, long-term, or permanent will influence the value of your spinal fusion claim. Return to top ↑ Does Having Spinal Fusion Qualify Me for Pain and Suffering Damages? Only your spinal injury accident attorney can answer this question for certain. However, many personal injury victims recover compensation for physical and emotional pain and suffering. Physical pain and suffering refer to what your body endures as a result of your injuries and the subsequent spinal fusion surgery. Emotional pain, also known as psychological pain, can refer to mental and emotional distress such as: Stress, Fear, Anxiety, Depression, and Anger. Additionally, some spinal injury victims can even develop post-traumatic stress disorder (PTSD) as a result of their injury accident and its aftermath. Often, severe spinal injuries leave victims unable to enjoy their favorite sports and leisure activities, perform household chores, or engage physically with their partner. If these conditions are present in your case, your attorney may increase your demand for compensation. Return to top ↑ Examples of Spinal Fusion Injury Settlements Achieved by Abrahamson & Uiterwyk $875,000/ Motor Vehicle Accident/ Pinellas County, Florida Our client was traveling south on East Lake Road in Palm Harbor, FL when she stopped at a traffic light.  The defendant negligently failed to come to a stop and caused a rear end collision with our client’s vehicle. After treating for her injuries for about three months, she realized that she needed legal help to fight the insurance company. After seeing our firm’s advertising and looking at our website, she hired Abrahamson & Uiterwyk. Our client had immediate complaints in her neck and back after the accident, and she sought treatment shortly thereafter. Even though it was fairly clear who was at fault for the accident, the case presented many, many challenges. Challenging cases are something we are accustomed to. One problem is that our client did not visit the emergency room on the day of the accident. The case was further complicated by the fact that our client had seen an orthopedic...

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What Is the Average Motorcycle Accident Settlement in Florida?

Category: Articles & FAQ |

Did you or a loved one sustain injuries in a Florida motorcycle accident? If so, you might be curious about the potential value of your claim. If someone else’s negligence or recklessness caused your accident and injuries, you have the right to pursue compensation for your damages. You may be eligible to recover the cost of your medical treatment, lost income, pain and suffering, and more. Because the value of your claim will depend on the details of your case, a Florida injury lawyer can help you determine what your potential settlement value might be. How Is a Potential Motorcycle Accident Settlement Calculated? The value of your potential settlement depends on the types of injuries you sustained and how they will affect your life in the future. If you suffered significant injuries that potentially affect your ability to work, these factors would typically increase your claim’s likely value. If you sustained a disabling injury or if you need long-term treatment and care, you might also expect a more substantial award. On the other hand, if you suffered minor injuries and can go back to work quickly, your claim’s value might be smaller. Personal injury attorneys calculate the value of motorcycle accident claims based on actual damages sustained by the victim. Your damages might include: Medical care and treatment costs, Lost wages and benefits, Costs to repair or replace your bike, Pain and suffering, and Emotional damages. In addition to the amount of your actual damages, the at-fault party’s level of negligence could affect the value of your claim. For example, in the case of gross negligence, juries often award punitive damages to send a stronger message. Finally, your settlement amount could vary depending on whether you settle out of court or go to trial. Most injury accident victims have the right to pursue financial, physical, and emotional damages from the at-fault party. A Florida motorcycle accident lawyer can calculate the value of your claim based on the facts of your case and help you recover compensation. Return to top ↑ Is There an Average Florida Motorcycle Accident Settlement Amount? In Florida, motorcycle injury victims can pursue compensation for all actual damages they sustained. However, because of the many variables involved, settlement amounts range from modest to substantial. You might find sites online that offer free motorcycle accident settlement calculators. Approach these generic calculators with caution. No one can accurately estimate the value of your potential settlement without understanding the nuances and details of your case. Automatic injury settlement calculators can provide misleading answers. Talking to a Florida motorcycle accident attorney is the only way to determine what your case value may be. Return to top ↑ What Evidence Is Used to Build a Motorcycle Accident Case? As we have established, the details of your accident and injuries determine motorcycle accident compensation amounts. Your lawyer will investigate your case and gather evidence to substantiate your damages. Using this information, the legal team can calculate your claim’s value. Evidence that may apply to your case includes: Police reports, Witness statements, Photographs and videos, Expert opinions, and Accident scene reconstructions. To substantiate your damages, your lawyer will assemble information that may include: Medical bills, Wage and income statements, Tax returns, and Vehicle repair bills. Establishing the value of future damages you may suffer often requires the opinions or testimony of subject matter experts. Medical experts can provide opinions about your prognosis and future treatment requirements. Vocational experts provide opinions on your ability to return to work. These experts also address whether you will be able to resume your prior job duties or require accommodations. Economic experts shed light on the future value of lost income and benefits, should you have diminished earning capacity. Return to top ↑ Why Do I Need a Motorcycle Accident Lawyer to Help Me? Florida does not require injury accident victims to have a lawyer. However, having an experienced motorcycle accident lawyer from Abrahamson & Uiterwyk on your side provides several advantages. We Investigate and Document Your Case. We have extensive resources at our disposal, and we put those resources to work for you. We investigate every aspect of your claim and assemble as much evidence as possible to build your case. We Establish Fault and Demonstrate Liability. In any personal injury case, you must prove that the defendant owed the victim a duty of care. You must demonstrate that, by failing to uphold the duty of care, the defendant’s actions caused your accident and subsequent damages. Our team uncovers the evidence we need to prove the defendant’s negligence. We Handle Every Aspect of your Case. When you trust us to handle your motorcycle accident case, you can relax and focus on getting well. We handle everything on your behalf and keep you updated on the progress of your case. We Deal with All Parties, Including the Insurance Company. With us on our side, you won’t have to deal with other lawyers, the insurance company, or any other parties in your case. We handle all communication and negotiate on your behalf to obtain the best possible settlement. We Help Protect Your Legal Rights. We take great pride in protecting the legal rights of our clients. The insurance companies want to minimize their liability and pay you the smallest settlement possible. We compel the at-fault party to negotiate in good faith. If the defendant’s insurance company will not engage in good faith negotiations, we may recommend filing a lawsuit in Florida civil court. Return to top ↑ Examples of Motorcycle Accident Settlements Achieved by Abrahamson & Uiterwyk $1,330,000/ Motor Vehicle Accident/ Pinellas County, Florida Some of the most significant injury cases that we handle are the result of motorcycle accidents. This case is one such example. Our client was traveling on his motorcycle when the defendant pulled out of a drive causing our client to hit the vehicle broadside. The defendant was cited by the police for violation of right of way. Our client suffered extensive injuries, including a severe...

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Walmart Slip and Fall Settlements: How Much Can I Get?

Category: Articles & FAQ |

If you sustained injuries due to a slip and fall at Walmart, you might be considering legal action. You might also be wondering how much of a settlement you could recover. Walmart has almost 5,000 stores across the United States, almost 30 of which are located in central Florida. With an average size of over 100,000 square feet, shoppers can encounter slipping, tripping, and falling hazards of all types. For that reason, Walmart and its insurance carriers face a constant stream of personal injury claims and lawsuits. If the store’s negligence or carelessness caused your injuries, you deserve compensation. Talking to an experienced premises liability lawyer is the best way to determine the value of your potential settlement. Having a knowledgeable slip and fall attorney on your side will also protect your legal rights. An attorney can also help you get the compensation you deserve. How Much Is the Average Walmart Slip and Fall Settlement Amount? Slip and fall accidents in Walmart and other large retail outlets can cause serious injuries, disability, and even death. In Florida, slips and fall accidents are the number one reason that residents go to the emergency room or are admitted to the hospital—and the second leading injury cause of death. Because the resulting injuries can be so extensive, Walmart slip and fall settlement amounts are often higher than for other types of personal injury cases. For example: A Georgia jury awarded one plaintiff $7.5 million for a broken hip. The Georgia man’s foot became lodged in a pallet that was used to support a produce display, causing him to fall and sustain serious injuries. A Florida man received a $970,000 settlement for injuries he sustained at Walmart after he slipped on water in the garden center. Another Florida plaintiff received a Walmart settlement of $1.3 million after slipping in spilled body wash and hitting her head on a display rack. Although these awards might not be typical or representative of your Walmart slip and fall case, you deserve compensation for your injuries and other damages. However, because slip and fall settlement amounts can vary so greatly, it is important to seek help from a Florida slip and fall accident lawyer for assistance. Return to top ↑ What Should You Do If You’re Injured at a Walmart? If you sustain slip and fall injuries at Walmart or any other retail location, your next steps could affect your ability to recover damages. Personal injury lawyers recommend the following steps: Seek medical treatment immediately; Identify the hazard(s) that caused your fall; Take photographs of the scene; Identify witnesses and obtain their contact information; Write down everything you can remember; Notify the store manager of your accident; and Contact a Walmart slip and fall attorney ASAP. If you require emergency treatment and cannot document the scene of your accident, you won’t be able to take photos or talk to witnesses. Ask someone who was with you or who witnessed the accident to assist you and contact an attorney immediately for legal advice. Return to top ↑ How Will the Value of My Walmart Slip and Fall Claim Be Determined? Just like any type of personal injury claim, Walmart slip and fall settlements amounts depend on the nature and extent of your injuries. You might have the right to pursue compensation for damages such as: Medical bills, Lost income, Pain and suffering, and Other losses specific to your case. Walmart slip and fall attorneys calculate claim values based on the nature of your injuries and how those injuries will affect your life. Some of the most common injuries that result from Walmart slip and fall accidents include: Neck and back injuries, Broken bones, Sprains and strains, Dislocations, and Traumatic brain injuries. In any personal injury case, you are entitled to recover your actual damages from the at-fault party. This might include some or all of the following: Emergency transport and treatment, Hospital stays, Physician services, Medical testing, Prescription drugs, Physical therapy, Lost income and benefits, and Pain and suffering. If your injuries are severe enough to prevent you from going back to work, or if you require long-term treatment or care, you may also have the right to pursue damages for: Future loss of income, Diminished earning capacity, Future medical treatment, and Diminished quality of life. Ultimately your settlement value will depend on how your injuries will affect your future. Return to top ↑ Does Walmart Carry Sufficient Insurance to Pay My Claim? In most cases, Walmart personal injury settlements result from negotiating with the company’s liability insurance carrier. Because Walmart is such a vast enterprise, they formed their own captive insurance company to provide coverage. Like any insurance carrier, Walmart’s insurance arm is dedicated to reducing its potential liability and payouts in any way possible. When negotiating your slip and fall claim, the insurance company may start by proposing a low-ball settlement offer. The insurer’s attorneys hope that unsuspecting injury victims believe that’s all they can recover. Once you sign a settlement agreement, you have no further right to pursue compensation. Having an attorney on your side is the best way to protect your legal right to pursue fair compensation for your damages. Return to top ↑ How Long Will It Take to Settle My Walmart Personal Injury Claim? Just as there is no typical or average Walmart slip and fall settlement amount, we cannot accurately predict how long it will take to settle your case. Rest assured, however, that we work diligently to get you the maximum compensation as quickly as possible. For most of our clients, we successfully negotiate a fair settlement with Walmart’s insurance company without having to go to court. This ensures you get the funds you need at the earliest possible time. If we cannot compel the insurance company to engage in good-faith negotiations on your case, however, we will not hesitate to file legal action and fight for you in court. Return to top ↑ What Are Some Examples of Walmart Settlements...

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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 Slip/Trip and Fall Lawsuits in Florida?

Category: Articles & FAQ |

There is no clear average slip/trip and fall settlement amount in Florida. Florida slip/trip and fall settlements depend on the circumstances unique to each case. Several factors that might affect a Florida slip/trip and fall settlement include: Negligence of the business or landowner; Existence of a dangerous condition on the premises; Ability to prove that the business or landowner created the hazardous condition, knew of the condition, or should have known of the condition; Whether the business or landowner failed to repair the condition or to warn others about the condition; Contributing negligence of the injured party; Whether the injured party was lawfully on the premises; Severity of the injuries; Ability to prove the injuries were caused by the slip/trip and fall; and Extent of damages, including past and future lost wages, medical bills, and pain and suffering. Because Florida slip/trip and fall settlements depend on the specific facts of each case, it’s best to discuss the details of your situation with our personal injury attorney. TOPICS COVERED HERE What is the Average Settlement for Slip/Trip and Fall Lawsuits in Florida? Examples of Abrahamson & Uiterwyk Slip/Trip and Fall Settlements What Factors Will Most Impact the Amount of my Florida Slip/Trip and Fall Settlement? What Evidence is Most Critical in a Florida Slip/Trip and Fall Case? How Do I Know If I Should Hire a Lawyer for my Florida Slip/Trip and Fall Claim? Speak with an Experienced Slip and Fall Attorney About Your Claim Examples of Abrahamson & Uiterwyk Slip/Trip and Fall Settlements Abrahamson & Uiterwyk has represented over 20,000 injury victims, recovering hundreds of millions of dollars in settlements and verdicts for our clients. Here is an example of a recent trip and fall accident settlement we won for our clients: $300,000.00/ Trip and Fall Accident / Shoulder and Wrist Injuries / Lee County, Florida In late 2018, our client was walking into the clubhouse at her condominium complex. Our client tripped over a rug that had been rolled up and placed in the doorway. The rug had been placed there by an employee of the complex. As a result of her trip, the client fell onto her left side and badly fractured her left shoulder and wrist. The shoulder and wrist each required surgery and inpatient rehabilitation. After the client was released from the rehabilitation facility, the complex’s insurance company reached out to the client and assured her that they would “take care of everything.” When communication with the insurance company broke down, the client called Abrahamson & Uiterwyk. It was only after Abrahamson & Uiterwyk sent the insurance company a formal demand for payment that the insurance company became open to negotiation. As a result of several subsequent telephone conferences with the insurance company, Abrahamson and Uiterwyk settled the claim for $300,000.00. $850,000 Premises Liability Settlement  Our 49-year-old client was injured when she sat on a fitting room bench at a department store. The bench collapsed, and the Plaintiff fell to the ground. As a result of this incident, the Plaintiff suffered multiple injuries to her hip and back. We settled her premise liability case for $850,000. $689,000 Slip and Fall Premises Liability Settlement Our client sustained a back injury when he slipped and fell at a Wal-Mart. We settled this case for $689,000. $650,000 Trip and Fall Premises Liability Settlement We obtained a $650,000 settlement for our client who tripped over cables and fell headfirst into a concrete barrier. Feel free to browse other premises liability case results featured on our website. Return to top ↑ What Factors Will Most Impact the Amount of my Florida Slip/Trip and Fall Settlement? Whether you can settle your premises liability claim may depend on whether you can prove the defendant’s negligence. To provide liability for your slip/trip and fall, Florida requires that you establish the following: You were legally on the property, The business or landowner had a duty to inspect the property and to keep it reasonably safe, The business or landowner breached this duty by failing to take reasonable steps to remedy the danger, and This breach caused your injuries. Also, the following factors can affect the amount of your settlement: The extent of your damages and The amount that your negligence contributed to your injuries. Our lawyers can help maximize your settlement amount by assisting you in showing that the defendant is liable. We can also help you calculate your damages for a fair settlement. Return to top ↑ What Evidence is Most Critical in a Florida Slip/Trip and Fall Case? As the plaintiff, you and your attorney must present evidence of the defendant’s liability for your fall. Evidence that is critical in a Florida slip/trip and fall case can include: Photographs of the dangerous condition and the surrounding area, Statements from eyewitnesses, Physical evidence like the shoes and clothing you were wearing at the time, Surveillance footage of the accident, Expert opinions and statements, and Medical bills and treatment plans. The evidence you gather can increase your ability to prove your claim and maximize your slip/trip and fall settlement. Our experienced premises liability attorneys can help you gather and present critical evidence in your case. Return to top ↑ How Do I Know If I Should Hire a Lawyer for my Florida Slip/Trip and Fall Claim? Hiring a lawyer is your best option to ensure you get the most favorable outcome in your case. Premises liability and personal injury laws are complicated. Also, negotiating a fair settlement is difficult for people inexperienced with negotiating tactics. Without the help of a lawyer, you risk losing out on compensation that you deserve. If your case involves any of the following, seek legal assistance as soon as possible: Your accident resulted in severe, long-term, or permanent disabilities; You have substantial medical bills, lost income, and pain and suffering; or An insurance company refuses to negotiate a settlement offer. Our attorneys can help you navigate the legal process, giving you more time and energy to recover from your injuries....

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Understanding Florida’s Wrongful Death Statute

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The sudden loss of a loved one from another’s carelessness can leave family members wondering how to find justice. A wrongful death claim might be the answer. TOPICS COVERED HERE Understanding Florida’s Wrongful Death Statute What is a Florida Wrongful Death Claim? What Are the Common Causes of Wrongful Deaths in Florida? Who Can File a Wrongful Death Suit in Florida? What Damages May Be Claimed in a Florida Wrongful Death Lawsuit? What Must Be Proven to Win a Wrongful Death Case in Florida? Speak With an Experienced Wrongful Death Attorney at Abrahamson & Uiterwyk What is a Florida Wrongful Death Claim? A wrongful death claim is a legal action brought by the survivors of a person killed by the negligent, intentional, or reckless behavior of another person. Money cannot bring a loved one back. However, a wrongful death suit can hold the defendant accountable and offer some comfort to grieving family members. Deciding to file a wrongful death claim after the death of a loved one is a deeply personal choice. When you are ready to talk with a wrongful death attorney, our legal team at Abrahamson & Uiterwyk is here to help you pursue justice. Return to top ↑ What Are the Common Causes of Wrongful Deaths in Florida? Wrongful death claims arise out of many types of conduct. However, several common causes of wrongful death include: Car accidents, Pedestrian and bicycle accidents, Unsafe working conditions, Unsafe commercial and residential premises, Medical malpractice, Dangerous products, Preventable child deaths including accidental drowning, and Accidental poisoning. If your loved one died because of another person’s misconduct, contact our wrongful death lawyers. You might be able to file a wrongful death claim. Return to top ↑ Who Can File a Wrongful Death Suit in Florida? The Florida wrongful death statute allows the victim’s estate to sue on behalf of the surviving family members. The personal representative can bring a case against a person whose “wrongful act, negligence, default, or breach of contract or warranty” caused the victim’s death. If the victim lived and could have recovered damages against the defendant, then the personal representative might have a wrongful death claim on behalf of the estate instead. Under the wrongful death statute, Florida permits a personal representative of the victim to sue. If the victim appointed a representative in a will, that person can act as the plaintiff. If the victim did not leave a will, the personal representative is the surviving spouse or one of the victim’s other family members. The personal representative is the plaintiff in a wrongful death action. However, the representative recovers any damages for the benefit of the victim’s surviving family members and/or the estate. Return to top ↑ What Damages May Be Claimed in a Florida Wrongful Death Lawsuit? Damages That Can Be Claimed by Relatives In Florida, wrongful death damages available to surviving relatives are set out in Florida Statute section 768.21. Mental pain and suffering Certain surviving family members might recover damages for their personal pain and suffering caused by the death of their loved one. Not all relatives can recover for pain and suffering. A surviving spouse and a child under the age of 25 are generally eligible for these damages. However, an adult child can recover pain and suffering damages if there is no surviving spouse, except in medical malpractice claims. The surviving parents of the victim can recover these damages if there is no surviving spouse or minor children, unless medical malpractice is the basis for the wrongful death claim. Loss of companionship and protection Certain surviving relatives can also recover damages for loss of guidance, instruction, cooperation, and support. A surviving spouse and a minor child are eligible for loss of companionship and protection damages. An adult child might recover these damages, but only if there is no surviving spouse. Loss of support and services Each surviving family member might recover lost past and future contributions of the deceased. Contributions include money, property, and physical labor. For example, a surviving spouse might recover the value of housekeeping services that the deceased spouse contributed and would have continued to contribute if not for their unexpected death. Medical bills and funeral expenses  Any family member who pays for the victim’s medical and funeral expenses might recover those expenses as damages. If the decedent’s estate paid the costs, the estate can recover the loss in damages. Damages That Can Be Claimed by the Estate The deceased’s estate might also recover the following damages: Lost earnings The estate might recover future lost earnings of the victim. Future lost earnings include, for example, pension benefits that the deceased likely would have earned. Lost accumulation of value of the estate The estate also may be able to recover the value of investments or income that the estate would have accumulated if the victim had not died. Return to top ↑ What Must Be Proven to Win a Wrongful Death Case in Florida? In a claim for wrongful death, Florida law requires the plaintiff to prove the following elements: The defendant’s tortious conduct: The defendant’s intentional, negligent, or reckless actions amount to a claim for damages under personal injury or contract law. The victim’s right to sue the defendant: The victim would have been able to bring a personal injury claim against the defendant for damages if the victim had survived. Identification of the representative and family members: A personal representative of the victim’s estate and the surviving family members have been identified. Causation and damages: The defendant’s conduct caused personal or financial injuries to the surviving family members or the victim’s estate. Return to top ↑ Speak With an Experienced Wrongful Death Attorney at Abrahamson & Uiterwyk If your family member has died because of someone’s carelessness, you may feel confused and overwhelmed, and understandably so. At Abrahamson & Uiterwyk, our compassionate attorneys are ready to discuss your options for moving forward with a wrongful death suit. Losing your loved one is immeasurable in dollar amounts....

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

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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. TOPICS COVERED HERE What to Do After a Car Accident That’s Not Your Fault Safety Considerations Call the Police Gather Information and Evidence Be Mindful of Your Statements to Others Contact Your Own Insurance Company Seek Medical Treatment Have an Attorney Evaluate Your Claim Contact a Respected Personal Injury Attorney at Abrahamson & Uiterwyk Safety Considerations 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. Return to top ↑ Call 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. Return to top ↑ 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. Return to top ↑ 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. Return to top ↑ 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. Return to top ↑ Seek Medical Treatment 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. Return to top ↑ Have an Attorney Evaluate Your Claim 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 not your fault. Contact an attorney before you speak with an insurance adjuster. Insurance adjusters may seem friendly and cooperative. However, remember that the adjusters work for the insurance company, not for you. It is in the insurance company’s best interest to avoid paying your claim. The insurance company will often record your statements to use against you later....

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9 Reasons Why a Florida Car Accident Lawyer Might Not Take Your Case

Category: Articles & FAQ |

Learn the common reasons why a Florida car accident lawyer might not be able to take your case. Florida drivers experience around 400,000 auto accidents a year. With all those crashes, one or more drivers are at fault. Florida is a no-fault state, meaning a driver’s insurance must pay for their injuries regardless of fault. However, even in a no-fault state, the driver who caused the accident can still face a lawsuit.  A Florida driver’s legally mandated personal injury insurance only covers 80% of their medical costs and 60% of lost wages. The personal injury insurance caps benefits at $10,000 for medical and disability benefits and up to $5,000 for wrongful death.  Because medical bills and lost wages from a car accident usually exceed those limits, the injured party is likely to sue. The driver responsible for the accident (or their insurance company) should pay for the injuries they caused.   If you experienced a car accident, we recommend consulting with a Florida car accident lawyer. Over the past 30 years, our car accident attorneys have represented over 20,000 injured victims and won millions of dollars of compensation.  However, car accident lawyers can’t take every client. Here are the most common reasons why a Florida car accident attorney may not be able to take your case: FLORIDA CAR ACCIDENT LAWYERS 9 Reasons Why a Car Accident Lawyer Might Decline to Take Your Case Your Own Negligence Played Too Big a Role in the Accident The Statute of Limitations has Expired The Accident Didn’t Take Place in Florida Your Injuries Are Not of a Serious Nature Your Case Presents Medical Care Issues You Are Shopping Around for a Lawyer Who Promises the Most Money You Refuse to Take Your Lawyer’s Advice You Have Unrealistic Expectations About the Value of Your Claim Your Case is too Financially Risky to Pursue REASON 1: Why a Florida Car Accident Attorney Might Reject Your Case Your Own Negligence Played Too Big a Role in the Accident Florida is a pure comparative fault state. Florida law on comparative negligence explains, “contributory fault chargeable to the claimant diminishes proportionately…for an injury attributable to the claimant’s contributory fault, but does not bar recovery.” (Florida Statutes Title XLV. Torts § 768.81) This means that even if you contributed some fault to your car accident, you can still recover for your injuries. You recover the portion of damages that corresponds to the other driver’s fault. For instance, if you were 20% at fault for the accident, you could recover 80% of your damages from a personal injury lawsuit.  At some point, this sliding scale pushes out the economic feasibility of a lawsuit. For instance, if you were 90% at fault, a Florida car accident lawyer probably wouldn’t accept your case. A plaintiff who is 90% at fault for an accident doesn’t seem very persuasive to a judge or jury. Plus, it’s not likely worth the cost of litigation to sue for only 10% fault. However, this equation all depends on the settlement amount at stake. Return to top ↑ REASON 2: Why a Florida Car Accident Lawyer Might Reject Your Case The Statute of Limitations has Expired After an accident, you only have a certain amount of time to file a lawsuit. This is called the statute of limitations, and your Florida car accident attorney must abide by this law. The statute of limitations varies depending on the reason behind your lawsuit and the state law. Lawmakers create statutes of limitations because they don’t want victims to sue years after an accident. Judicial efficiency requires lawsuits to proceed soon after the accident. Also, witnesses and medical exams are likely to be more accurate and persuasive soon after your accident. For these reasons, statutes of limitations make sense, even if they don’t seem fair to victims. In Florida, a statute of limitations applies to car accident injuries. This means you can’t wait too long to file your lawsuit, or a judge may toss your lawsuit out. To avoid the Florida statute of limitations, contact a Florida car accident attorney soon after your accident. Get a Free, No Obligation Case Review The truth is, speaking with a Florida car accident attorney about your case is a no-risk, all-reward proposition. If you’ve been injured in an accident, it’s well worth your time to consult with an attorney so that you can learn your best path forward, even if that doesn’t mean hiring a lawyer. Let’s discuss your case 800-753-5203 Prefer to communicate online? Simply complete the short form below and a member of our staff will follow up with you quickly. Return to top ↑ REASON 3: Why a Florida Accident Lawyer Might Reject Your Case The Accident Didn’t Take Place in Florida You’ll want to consider where your accident took place when choosing a law firm. That’s because tort law differs from state to state. In the United States, we have federal law and state law. Federal law governs things like civil rights, tax fraud, and copyright violations. However, state law governs most aspects of personal injury cases, like the statute of limitations or non-economic damages caps. Also, you must file a lawsuit in the proper jurisdiction, which means the court allowed to hear the case. In general, you should file your lawsuit in the state where your accident took place. Other options include filing your lawsuit in the defendant’s home state or in your state if certain exceptions apply. You can sue in federal court if you have at least $75,000 in damages, and you and the other driver are from different states. Our Florida car accident attorneys are experts in Florida law, where we have decades of experience. If your accident took place in Florida, we can explain the Florida laws that apply to your accident injury.  Whether you were injured in Florida or another state, give us a call, and we can discuss your out-of-state car accident case. Return to top ↑ REASON 4: Why a Car Accident Lawyer Might...

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Truck Accident Settlements in Florida

Category: Articles & FAQ |

If you or a loved one has been involved in a collision with an 18-wheeler in Florida, you may be wondering how much the settlement might be worth. Getting into a truck accident is devastating. You may be facing serious injuries and feel unsure where to turn. Large commercial trucks, such as 18-wheelers, are involved in accidents more than most of us would like to think. Many times, these types of cases settle before going to trial. A fair settlement is often the fastest way to get the compensation you need after your accident. In this article, we’ll go over everything you need to know about commercial truck accident settlements. At Abrahamson & Uiterwyk, we have years of experience handling truck accident cases, and have settled numerous cases for clients involved in these accidents. We’ve helped our Florida clients get substantial compensation from 18-wheeler accident settlements. We can help you make sense of this uncertain time and get the financial recovery you truly deserve. We invite you to contact us anytime for a free consultation about your case. TOPICS COVERED HERE Florida 18-Wheeler Truck Accident Settlements Is There an Average Settlement Amount for Truck Accidents? Example Truck Accident Settlements That Our Law Firm Has Achieved Case Study: Florida Truck Accident Settlement Example Who Can Be Liable for Damages in Truck Accident Cases? What Factors Most Impact How Much My Truck Accident Settlement is Worth? Commercial Truck Accident Settlements Are Often Large Due to the Serious Nature of These Accidents Why Is It Critical for Truck Accident Victims to Hire a Lawyer? Contact an Experienced Truck Accident Attorney to Assist in Your Claim Is There an Average Settlement Amount for Truck Accidents? The facts and circumstances of each truck accident are vastly different, which makes it impossible to point to an average settlement amount for truck accidents. Semi-truck accident settlements can be all over the map. It is difficult to predict how commercial truck accident settlements will go. What you receive in your truck accident case will be dependent on many different factors. The important thing is to hire an experienced attorney who understands how to craft your case, so you get the maximum amount possible. Return to top ↑ Example Truck Accident Settlements That Our Law Firm Has Achieved Abrahamson & Uiterwyk has fought hard on behalf of truck accident victims to get our clients everything they deserve. We obtained a recovery of $5,000,000 for one of our clients who was severely injured when a truck hit her on the highway. We also obtained a $2,500,000 recovery for another client who was rear-ended by a truck, sustaining severe injuries. Return to top ↑ Case Study: Florida Truck Accident Settlement Example $530,000 Settlement / Truck Accident / Sumter County, Florida On October 17, 2017, our client was working in a construction area on Interstate 75 in Sumter County, Florida when a utility trailer being towed by a passing truck became dislodged from the truck and careened into a truck that our client was working in. The defendant was cited by the police for careless driving in that he negligently failed to secure his load. Our client suffering immediate and severe injuries was transported to the emergency room where he was diagnosed with a fracture to his lower back. An MRI of his back revealed several disc injuries, as well. After conservative treatment failed, he underwent nerve ablation surgery followed by a lumbar spine fusion several months after his accident. The parties to the case agreed to submit to a voluntary mediation before the filing of a lawsuit. With the assistance of a trained mediator, the parties negotiated. However, the defense was unwilling to come above $400,000.00. After mediation impassed, our law firm continued to push the case forward and were eventually able to convince the defense to pay an additional $130,000.00, and the case settled for $530,000.00. Abrahamson & Uiterwyk has the experience to understand your case thoroughly and get you what you deserve. You can read more on our case results page. Please note that any potential recovery depends upon the facts of your specific case and that past results do not guarantee a similar outcome in your case. Return to top ↑ Who Can Be Liable for Damages in Truck Accident Cases? If you were injured in a truck accident, you might be wondering who can be liable. Unlike motor vehicle accidents, where it is usually just two drivers on the road, there can be multiple parties liable in a truck accident. Semi-truck accident settlements can involve many different parties. Truck drivers Generally, the first party most people think of for legal liability is the truck driver. If the case goes to trial, the court will examine the circumstances surrounding the accident. In other words, just because a truck driver and a motor vehicle driver got into an accident doesn’t mean the truck driver is automatically responsible in the eyes of the law. If the truck driver was driving under the influence, or fell asleep, or was driving dangerously, they can be liable. These are common causes of truck accidents. Often, truck drivers are exhausted and overworked. They may also fail to check for other cars. In some cases, the companies that hire truck drivers do not properly train them, making them a danger on the road. These are all circumstances that can lead to plaintiffs receiving compensation through commercial truck accident settlements. Truck companies The truck driver’s employer may also be legally liable. For example, as noted above, drivers may be improperly trained or overworked. In those cases, the victim may go after the truck company, as well. The truck company is also responsible for ensuring that their drivers follow all the rules and regulations required of truckers. If a truck has too much cargo, or the driver didn’t properly inspect the truck’s equipment, this could legally come back on the trucking company. Semi-truck accident settlements often involve the truck companies, along with the drivers. Loading companies In...

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Wrongful Death Settlements in Florida

Category: Articles & FAQ |

This article attempts to explain the factors that influence the amount that families of deceased accident victims can recover in a Florida wrongful death settlement. If a loved one has been killed due to someone else’s negligence, you may be able to prevail in a wrongful death lawsuit. If you aren’t sure whether you have a wrongful death claim, you may be questioning whether to see an attorney. The truth is, an experienced attorney can always help assess your situation to see what recovery may be possible. If you do have a wrongful death claim, you may wish to better understand wrongful death lawsuit settlements. In this article, we’ll discuss everything you need to know about wrongful death settlements in Florida. Is There an Average Wrongful Death Settlement? Although you may wish to know what to expect in this uncertain time by examining average wrongful death settlement amounts, the truth is there is no such thing. Wrongful death settlements depend on the facts of the specific case. The circumstances surrounding your loved one’s death may be incredibly different from someone else’s. This makes it extremely challenging to come up with any average wrongful death settlement.It’s therefore incredibly important to discuss your potential wrongful death claim with an experienced attorney as soon as you can. Return to top ↑ Example Wrongful Death Settlements That We Have Achieved Although there may not be an average wrongful death settlement, at Abrahamson & Uiterwyk we are honored to have achieved substantial wrongful death settlements and verdicts for our clients over our 30 years in practice. In one case, a jury awarded our clients, the surviving spouse and children of a wrongful death victim, $34,697,465. We’ve also achieved recoveries of $15,310,000 (jury verdict), $11,500,000 (jury verdict), and $11,000,000 (jury verdict) for our clients in wrongful death cases based on product liability claims. Return to top ↑ Case Study: Florida Wrongful Death Settlement $1M Policy Limit / Wrongful Death / Motor Vehicle Accident / Brooksville, Florida On July 20, 2018, our client was northbound on Commercial Way in Brooksville, Florida near the intersection of Kelso Road. The defendant was headed westbound on Kelso Road, but failed to stop for the stop sign at the intersection. As a result, our client’s vehicle T-boned the defendant’s vehicle causing substantial damage to both vehicles. Among other injuries, our client suffered a cardiac contusion which his treating physicians believed led to a massive stroke after the accident. He remained hospitalized for approximately two weeks after the accident before being transferred to inpatient rehabilitation. Unfortunately, due to the serious nature of his injuries, our client passed away shortly thereafter. He was survived by his wife. We did an in depth investigation which helped convince the insurance company that the fault lay with their insured. We presented a comprehensive demand package which also convinced the insurer that our client’s spouse’s death was a direct result of the defendant’s negligence. We also invested considerable time and effort elaborating on the extent and depth of our client’s extreme losses as a result of the death of her spouse. We were able to resolve the case for an amount in excess of 1 million dollars. Unfortunately, our recovery was limited by the amount of insurance available. Based on our efforts, however, we were able to convince them to pay every dollar of available insurance in settlement of the case. Our deepest condolences to our client and their entire family. It was our honor to represent them for this tragic loss. The wrongful death attorneys at Abrahamson & Uiterwyk have the experience to understand your case fully and get you and your family what you deserve. You can read more on our case results page. Please be advised that any potential recovery depends upon the facts of your specific case and that past results do not guarantee a similar outcome in your case. Return to top ↑ Who Can Bring a Wrongful Death Claim in Florida? The surviving family members of a person killed by another party’s negligence can bring a wrongful death claim in Florida. The person who passed away is called the “decedent” under the law. The family members of the decedent, or deceased, need to be related to them in a specific way or have had a particular dependency relationship with them to recover. Under the Florida Wrongful Death Act, the following surviving family members may bring a wrongful death claim: Spouse Children Parents Blood relatives who were dependent on the person who passed away Adoptive brothers or sisters who were dependent on the person who passed away A child born out of wedlock, if their mother passed away A child born out of wedlock if their father passed away, only if it can be established that the father had taken responsibility for supporting the child Return to top ↑ What Factors Most Impact the Value of a Wrongful Death Settlement? The goal of financial compensation in a wrongful death claim is to shift the losses that the family experiences to the person who caused the death. In other words, in the eyes of the law, the surviving family members should not bear the losses of their loved one’s death. The person who negligently caused the death should be financially responsible. To avoid going to trial, the party that caused the wrongful death may offer a settlement amount. The settlement amount should take into account the same factors that the court would take into account if the case went to trial. If the case settles, the family members of the wrongful death victim agree to drop their lawsuit. It is very difficult, if not impossible, to calculate the value of someone’s lost life. In Florida, there are several factors that may help the surviving family members decide what is fair. Compensation in a wrongful death case may take into account the following: How old your loved one was when they passed away The amount of money your loved one was making at the...

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