Articles & FAQ

An Overview of Florida Medical Malpractice Laws

Category: Articles & FAQ |

Injuries from medical malpractice in Florida? This article will help you understand the next steps to take for your injuries and damages. If you or a loved one has sustained injuries at the hands of a doctor, nurse, nursing home worker, or another medical professional, you may be entitled to compensation. The circumstances of your case could give rise to a Florida medical malpractice claim. Unfortunately, the legal definition of medical malpractice under Florinda law can be difficult to understand, as it has become somewhat murky. So how do you know whether you have a valid medical malpractice claim? The medical malpractice attorneys at Abrahamson & Uiterwyk have over 100 collective years of experience fighting for the rights of injured victims throughout Florida. We can help you answer this question and many more. In this article, we will discuss the standard for medical malpractice in Florida, what to do if you are injured, and where to go for help. What Constitutes Medical Malpractice in Florida There are four basic elements you need to prove in a Florida medical malpractice claim:  The health care professional owed a duty to use an ordinary standard of care, skill, and treatment; The health care professional breached that duty;  You suffered harm or damages; and The health care worker’s breach was the “proximate cause” of your damages.  It may be difficult to prove that all four of these elements exist in your case. However, it is absolutely necessary, as you cannot win your medical malpractice case without proving the existence of all four. While you can typically prove that you suffered damages and that a duty existed with little to no difficulty, the greatest hurdles to overcome will often be proving that the medical professional breached their duty of care and that this breach was the cause of your injuries. Thus, it is important to have someone in your corner who knows what to look for and how to prove your case. What You May Not Know About Medical Malpractice Laws in Florida Proving a medical malpractice claim in Florida can be difficult. If you have never dealt with a medical malpractice claim before, you may not even know where to start. However, having a basic understanding of medical malpractice laws in Florida can help you improve your chances of success. When Medical Malpractice Often Occurs Medical malpractice is unfortunately all too common. People often believe that medical malpractice occurs only in hospital settings, but this is not necessarily the case. Medical malpractice claims can arise in hospitals, nursing homes, and anywhere a healthcare provider has breached their duty of care to another, resulting in damages. However, this can be extremely difficult to prove and will almost always require the testimony of a medical expert witness. The standard of care that Florida law requires all health care professionals to abide by is defined as, “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” This lengthy definition can be difficult to interpret and apply to the facts of your specific circumstances. However, below are some examples of situations in which medical malpractice claims routinely arise: Improper or negligent administration of anesthesia;  Prescription drug errors when providing a patient with an incorrect dosage or wrong medication entirely;  Unsanitary conditions or equipment leading to infections;  Surgical errors, such as incorrect incision site or leaving a foreign object inside the body; and Misdiagnosis or failure to diagnose.  Being able to recognize common instances of medical malpractice can help you identify whether you may have a valid claim. If any of the above happened to you or a loved one, contact us today so that we can evaluate your case. What Damages Can I Pursue for Medical Malpractice in Florida? If you can prove all four elements of your medical malpractice claim, you will be entitled to damages. In general, a victim in a medical malpractice case can recover compensatory damages that are designed to make them “whole.”. These are separated into two categories: economic and non-economic damages. Economic damages are typically based on monetary losses incurred as a result of the malpractice These will include: Past and future medical expenses; Past and future lost wages; and Loss of earning capacity. It is critical to seek an accurate amount to cover all of your economic damages. This will allow you to fully and properly recover from your injuries. In addition to economic damages, a victim in a medical malpractice case may receive compensation for their non-economic damages. Non-economic damages include compensation for: Pain and suffering; Permanent impairment or disfigurement; Loss of consortium; and  Loss of enjoyment of life.  Whereas economic damages are typically easier to quantify, non-economic damages can be much more difficult to assign a monetary value to due to their subjective nature. However, victims can often recover an even larger amount for their non-economic damages than for their economic damages. Thus, it is important to understand that these damages may exist so that you don’t miss out on any potential compensation you may be entitled to recover. An experienced medical malpractice attorney can help you assess your damages and fight to ensure you get what you deserve. Recent Changes to Florida Medical Malpractice Law—Damage Caps Florida’s medical malpractice statutes limit recovery for non-economic damages in most cases to $500,000 per claimant. However, where the medical professional’s malpractice resulted in the death or permanent vegetative state of the victim, the damage cap is extended to $1 million. Despite these statutory limitations, the Florida Supreme Court recently rejected such caps of a victim’s non-economic damages, making Florida medical malpractice cases even more difficult to navigate. In North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017), the Florida Supreme Court held that these types of caps “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.” The court ultimately held that statutory caps on personal injury non-economic...

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What to Do If You Were Injured at a Publix Supermarket in Florida

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Injured at a Publix in Florida? This article will help you understand the next steps you should consider and how a personal injury attorney can help you. If you or someone you know has sustained injuries in a Publix supermarket, you may be entitled to compensation. However, if you have been involved in a slip and fall accident, you may be wondering what steps you need to take to recover the compensation you deserve. Navigating a Florida slip and fall case can feel overwhelming, especially if you have never been involved with one before. Fortunately, you don’t have to handle this on your own. The slip and fall attorneys at Abrahamson & Uiterwyk have worked with countless personal injury victims in Tampa and throughout Florida. We have helped our clients receive the compensation they deserve, and we are ready to fight to do the same for you. Why It Is Important to Hire a Personal Injury Attorney When Hurt in an Accident Hiring a personal injury attorney will be crucial to the success of your case against Publix. While you can always try to handle your case without any assistance, the benefits of having an experienced attorney in your corner cannot be overstated. Primarily, a personal injury attorney with extensive knowledge of slip and fall laws in Florida can be your advocate and argue the law on your behalf. This will allow you to stay focused on what matters most—your recovery. A Personal Injury Lawyer Can Help You Interpret and Apply Florida Slip and Fall Laws Florida slip and fall laws can be complicated. It can be very difficult to prove that Publix is liable for your injuries without an in-depth understanding of the law in this area. Florida’s slip and fall statute states that a business establishment, like Publix, will be liable if: It had actual or constructive knowledge of a dangerous condition on the premises; The dangerous condition caused a person to slip and fall, resulting in injuries; and  The business establishment should have taken action to remedy the dangerous condition.  The statute anticipates that actual knowledge of a dangerous condition can be difficult to prove. Thus, constructive knowledge can also be used to prove liability. You can prove constructive knowledge using circumstantial evidence showing that: The dangerous condition existed for so long that “in the exercise of ordinary care, the business establishment should have known” that the condition existed; or  The condition occurred regularly, making its existence foreseeable.  As you can imagine, it is often very difficult to prove that the above requirements exist in your case. Making matters more difficult, there are additional intricacies in the law to consider. An experienced personal injury attorney will know the relevant law and apply it to the specific circumstances in your case. How an Attorney Can Help You Prove Your Publix Slip and Fall Claim How do you prove that Publix had actual or constructive knowledge of the dangerous condition that caused your fall? While it is true that this can be difficult to prove, it is not impossible. An experienced personal injury law attorney will know where to look to obtain critical evidence that you will need to prove your claim. Key pieces of evidence include: Video footage of the premises;  Photos showing substances left on the floor;  Employee logs detailing instances and frequency of cleaning; and Witness and employee statements. A personal injury attorney can help you gather this evidence through the use of formal procedural rules. The more evidence you have to support your claim, the greater your chances will be for success. An Attorney Will Help You Determine What Settlement Amount You Can Recover According to the CDC, one out of every five falls will cause a serious injury. Common slip and fall injuries include:  Soft tissue injuries, Head injuries,  Traumatic brain injury (TBI), Hand and wrist injuries, Hip fractures, and Back and spinal cord injuries.  If you have sustained any of the above injuries as a result of a Publix slip and fall accident, you may be entitled to compensation. A personal injury attorney can help you determine what compensation might be available so you can maximize your settlement amount. In a personal injury lawsuit, there are many damages for which you might receive compensation. Damages are the monetary award that a personal injury victim is entitled to as compensation for their loss or injury. In a slip and fall case, available damages might include: Past and future medical expenses; Lost wages or diminished earning capacity;  Loss of consortium; and  Pain and suffering.  While expenses like hospital bills and lost wages are not too difficult to calculate, things like pain and suffering can be more complicated to assign a monetary value to. An experienced slip and fall attorney can help you identify the damages that exist in your case and determine what amount you may deserve. Examples of Slip and Fall Lawsuits and Settlements Against Publix There have been many slip and fall lawsuits against Publix supermarkets. At Abrahamson & Uiterwyk, we believe that understanding the outcome of past lawsuits and settlements is imperative. While our firm did not represent the clients in the cases below, analyzing the courts’ decisions will allow us to better represent our clients in future slip and fall cases against Publix. Schaap v. Publix Supermarkets, Inc. In Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st Dist. Ct. App. 1991), a customer in a Publix supermarket slipped and fell on a piece of a cookie left on the floor. The Court in this case ruled in favor of Publix, reiterating that a plaintiff in a slip and fall case must prove that the owner of the premises had actual or constructive knowledge that the dangerous condition existed. Although the plaintiffs provided testimony of the assistant manager acknowledging that the premises flooring was dangerous when food was present, the Court ultimately found that they failed to provide sufficient proof that Publix could or should have been aware of...

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What to Know About Hiring a Spinal Cord Injury Lawyer

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

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

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

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

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

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

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

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

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

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