Articles & FAQ

What Is the Average Motorcycle Accident Settlement in Florida?

Feb 5, 2020 | Category: Articles & FAQ | By Abrahamson & Uiterwyk

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?

Feb 4, 2020 | Category: Articles & FAQ | By Abrahamson & Uiterwyk

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 Are Some Examples of Walmart Settlements That Abrahamson & Uiterwyk Has Achieved? Here at Abrahamson & Uiterwyk, we understand the complex nature of slip and fall claims, and we put our in-depth knowledge to work for you. Slip and Fall / Walmart / Neck Injuries / Hillsborough County, Florida Our client was shopping at Walmart in Tampa when she slipped and fell on a clear liquid substance that Walmart had allowed to accumulate on the floor on their store.  She suffered injuries and began to incur medical expenses, so she hired our firm to help her with her case against Walmart. Our investigation revealed that due to the fact that the flooring was extremely smooth and did not apparently possess any non-slip characteristics, the presence of the liquid created a significant and latent slipping hazard for customers.  As a result of the fall, our client sustained disc herniations in her neck and her back. She sought treatment with a chiropractor and an orthopedic surgeon.  She underwent injections and a procedure known as radiofrequency ablation, which involves heating the nerves in the neck in order to deaden the pain. We eventually presented a detailed demand package summarizing the case to Walmart which set forth their negligence and our client’s injuries, medical bills, lost wages and pain and suffering. Not surprisingly, Walmart disagreed with our settlement suggestion.  Instead, Walmart consistently argued that the accident was not their fault since they claimed to have no notice of the condition before our client fell. Even though Walmart consistently took the position that they were not responsible for our client’s injuries, we persisted with our efforts.  We continued to press the case forward. Because of our efforts, ultimately, we were able to prevail upon Walmart to recognize that they had liability for the accident, and the case was settled for an amount that paid all of our client’s medical bills and netted her a significant recovery. $689,000.00 / Premises Liability / Walmart / Back Injury / Pinellas County, Florida We recently obtained a $689,000 premises liability settlement for a client in Pinellas County. This client sustained a back injury when he slipped and fell at Walmart. Although we cannot legally disclose the details of most premises liability settlements, you can review some of our other recent slip and fall case injury settlements on our website. The experienced personal injury lawyers at Abrahamson & Uiterwyk have assisted more than 20,000 injury victims over the past 30 years. To date, we have recovered more than $300 million for our clients. We aggressively pursue a fair settlement, and we aren’t afraid to fight your case in court, if necessary. We handle every aspect of your case, so you can focus on healing and recovery. If you recently lost a loved one due to a Walmart slip and fall injury accident, we can also assist you with a Walmart wrongful death claim. Time is of the essence due to Florida’s two-year statute of limitations. Contact us today to preserve your legal rights. 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...

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

Dec 2, 2019 | Category: Articles & FAQ | By Abrahamson & Uiterwyk

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. 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 Reject Your Case Your Injuries Are Not of a Serious Nature Car accidents are terrible, and if you walked away from one without serious injuries, consider yourself...

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Truck Accident Settlements in Florida

Nov 26, 2019 | Category: Articles & FAQ | By Abrahamson & Uiterwyk

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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What You Need to Know About Florida’s Statute of Limitations for Personal Injury Claims

Oct 16, 2019 | Category: Articles & FAQ | By Abrahamson & Uiterwyk

How long do I have to file a personal injury claim in Florida? When someone suffers severe injuries, the consequences can be enormous. These injuries are life-changing, often resulting in expensive medical bills, property damage, loss of income, and other hardships. If someone else is at fault for your injuries, you shouldn’t have to bear these costs. Once an injury occurs, time is of the essence in bringing your case to court. That’s because, like all states, Florida has a statute of limitations for personal injury claims. What is the statute of limitations in Florida for personal injury claims? In Florida, the statute of limitations for personal injury actions depends on the claim type. The statute of limitations in Florida is usually two (2) to four (4) years and sometimes five (5) years, after an incident. The following list breaks down the statute of limitations for each of our practice areas.  What does “Statute of Limitations” mean? A statute of limitations is sort of like an expiration date on when a lawsuit can be brought. The statute of limitations is a law that sets the maximum amount of time you have to pursue a legal claim after an incident. If you do not file your case before the statute of limitations expires, your claim will be forever barred. The statute of limitations is different depending on the state and the type of case.  Why does Florida have a statute of limitations? The purpose of the statute of limitations is to make sure that parties bring their cases to court on time. In this way, potential defendants don’t have to worry about litigating something that happened decades ago. Imposing a time limit also ensures that important evidence isn’t lost over time, which is good for each party. The time limit just has to be “reasonable,” which is why the statute of limitations is different in each state. JUMP TO PERSONAL INJURY CASE TYPE Florida Statue of Limitations for: Automobile Accidents Motorcycle Accidents Bike and Pedestrian Accidents Slip and Fall Injuries Wrongful Death Medical Malpractice Nursing Home Abuse Dog Bites Construction Accidents Products Liability Other Types of Cases FLORIDA STATUTE OF LIMITATIONS FOR: Automobile Accidents Someone who suffers injuries in a car, truck, or motorcycle accident may have multiple options in bringing their case. The statute of limitations for car accidents in Florida depends on who is at fault and whether the accident resulted in death. Injury lawsuits against another driver have various deadlines. If another driver is at fault for carelessly injuring someone, the injured person has four years to file a lawsuit. However, if you have a claim against an uninsured motorist insurer that timeframe might be extended to 5 years. Also, there are tricky deadlines within which you must utilize your PIP coverage (no fault benefits) and these deadlines can be as short as 14 days. If a person is claiming that another driver damaged their car, they have four years to bring Property damage lawsuits. FLORIDA STATUTE OF LIMITATIONS FOR: Motorcycle Accidents For motorcycle accidents, the statute of limitations is four years for personal injury claims. In the event, a motorcycle accident results in death, the law allows two years from the date of death to file a lawsuit. FLORIDA STATUTE OF LIMITATIONS FOR: Bike and Pedestrian Accidents For bike and pedestrian lawsuits, the injured party has four years to bring suit against the person or organization that causes the accident. If the accident results in death, the statute of limitations is two years. If there is a case against an uninsured motorist insurer, the statute of limitations may be extended to five years. Finally, limitations apply the PIP (no fault) claims that can be as little as 14 days. FLORIDA STATUTE OF LIMITATIONS FOR: Slip and Fall Injuries For slip and fall injury lawsuits, the statute of limitations is four years for injury claims. For death claims, the limitations period is two years. FLORIDA STATUTE OF LIMITATIONS FOR: Wrongful Death If a loved one dies in an accident, the family has two years from the date of death to bring a wrongful death lawsuit. FLORIDA STATUTE OF LIMITATIONS FOR: Medical Malpractice The statute of limitations for medical malpractice is complicated in Florida. It generally runs two years from the date when you knew or in the exercise of reasonable diligence should have known that the injury was caused by medical malpractice. Florida also has another law, called the statute of repose, which sets an outer time limit of four years regardless of when you knew or should have known of the malpractice. The statute of repose begins to run on the date that the malpractice occurs. It is important to remember that the two-year statute of limitations will cut off a claim if you knew or should have known of the malpractice even though the four-year repose period may not have expired. There are two exceptions to the rules above. The first exception applies where the healthcare provider commits fraud, misrepresentation or concealment of the malpractice. In these rare cases, the statute of repose is extended to seven years. In such a case, the two-year statute of limitations still runs from when you knew or should have known of the malpractice. If the statute of limitations runs before you file your claim, even if the repose period has not expired, you will be barred. The second exception involves claims for children. The law says that the ordinary statute of repose will not cut off a child’s claim before the child’s eighth birthday. Again, however, the two-year statute of limitations is not extended, and will cut off a claim two years after the child’s parent or guardian knows or should know of the malpractice. FLORIDA STATUTE OF LIMITATIONS FOR: Nursing Home Abuse The statute of limitations for nursing home abuse is essentially the same as the statute governing medical malpractice. The only differences are that the repose period for cases involving fraud and misrepresentation is six years instead...

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