Valuing Injury Claims

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

May 12, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

What is the Average Settlement for a Herniated Disc From a Car Accident? If you’ve suffered a serious herniated disc injury from a car accident in Florida, near Tampa, or some other area of Florida, it’s your right to pursue the largest monetary settlement possible. At-fault parties must be held accountable for their actions. For many victims who experienced a herniated disc from a car accident, settlement values can be substantial. Severe spine injuries typically require extensive treatment and rehabilitation, potentially affecting every aspect of the victim’s life. Recovering fair financial compensation for your damages will help ensure you get the treatment you need and provide peace of mind for the future.  According to the herniated disc after car accident settlement examples listed on this page, the typical car accident settlement amounts vary greatly from $300,000 to $1,575,000. Unfortunately, there is no average settlement amount for herniated disc injuries after car accidents in Florida.  To explore your options for filing an insurance claim or lawsuit, talk to a Florida car accident attorney.     HERNIATED DISC FROM CAR ACCIDENT SETTLEMENT FAQ Understanding Herniated Disc Injuries Resulting from Florida Car Accidents Near Tampa Spinal disc herniation refers to a condition that affects the rubbery cushions that separate the vertebrae. Discs (or disks) have a jelly-like center called the nucleus. When the rubbery covering (called the annulus) of the disc ruptures, some of the nucleus can ooze out, creating a herniation. In some cases, herniation causes no harm or notable symptoms. More often, however, the herniation pushes on one of the delicate and highly sensitive nerves of the spinal cord. The results can range from mild pain to lifelong debilitating symptoms. Car accidents are one of the most common causes of disc herniation and other spinal injuries. The force of a car crash—even a seemingly minor collision—exerts excessive and unusual force on the spine. In addition to car accidents, some of the most common incidents leading to disc herniation injuries include motorcycle crashes, truck accidents, and incidents involving specialty vehicles such as tractor-trailers, busses, commercial trucks, and construction vehicles. If you or a loved one sustained this type of injury in an accident that wasn’t your fault, you may have the right to pursue legal action.     HERNIATED DISC CAR ACCIDENT COMPENSATION FAQ Common Symptoms of Herniated Discs The symptoms of a serious disc herniation can be overwhelming. The type of symptoms you experience can vary depending on which part and how much of the spine was affected. Common symptoms include: Neck pain, Back pain, Arm or leg pain, Numbness, and Weakness. The extent of disc-related injuries can be significant. Many spinal injury victims suffer significant neurological damage as a result of their accident, ranging from partial paraplegia to full paralysis, or tetraplegia. Many of these victims never recover fully, requiring a lifetime of pain management, treatment, and personal care. Spine injuries can also lead to complications that further degrade your health and quality of life. If a herniated disc compresses the nerve bundle at the base of the spine, you could experience truly debilitating pain, numbness or weakness. Other potential complications include: Bladder dysfunction, Bowel dysfunction, and Saddle anesthesia. Saddle anesthesia is the loss of sensation on the backs of the legs, the inner thighs, lower buttocks, genital and rectal areas—all the parts of the body that would come into contact with a saddle if you sat on one. Patients who experience these complications may require emergency surgery to avoid permanent damage.     AVERAGE SETTLEMENT FOR HERNIATED DISC FROM A CAR ACCIDENT FAQ How Are Spinal Disc Herniation Injuries Treated? Spinal injuries require advanced treatment from qualified medical practitioners and specialists. To determine the appropriate treatment regimen, your doctor will perform a comprehensive exam to diagnose the nature and extent of your injury. This might require medical testing such as: X-rays, CT scan, MRI, Myelogram, Nerve conduction testing, or Electromyography (EMG). Based on the outcome of your testing, the doctor will recommend an appropriate treatment plan. Pain management is typically necessary to help victims cope with their symptoms. This could include prescription pain medication (opioids), muscle relaxers, and steroid injections administered directly into the spine. Unfortunately, pain management does nothing to improve the disc herniation itself. Even physical therapy cannot reverse the damage to the spine in most cases. For many back-injury victims, the only way to repair a damaged disc is through surgery. Herniated disc surgery takes many forms. The surgeon may remove some or all of the damaged disc. If the disc requires full removal, the surgeon may fuse the vertebrae together using metal rods for stability and bone grafting.     HERNIATED DISC FROM A CAR ACCIDENT SETTLEMENT FAQ What Is the Average Herniated Disc Settlement Amount in Florida? No two accidents or victims are alike. Consequently, every spine injury settlement is unique in nature and amount. Settlement values range from modest to substantial, based on the victim’s economic and non-economic damages. When choosing a car accident lawyer to represent you, ask potential attorneys about their experience with herniated disc injury settlements. Ask about the value of settlements and jury awards they obtained for past clients. This will help you determine if a particular attorney has the knowledge and experience to get the job done for you.     HERNIATED DISC SETTLEMENT CALCULATOR FAQ Contact Us Can a Herniated Disc Settlement Calculator Estimate Your Settlement Value? Do not trust these calculators. Without considering all the details of your case, no individual or automated injury settlement calculator can accurately estimate what your case might be worth. Once a personal injury attorney with offices near your area has the opportunity to evaluate your case and review the details of your injuries, you can get a better estimate of your claim’s potential value.     HERNIATED DISC AUTO ACCIDENT SETTLEMENT FAQ What Factors Affect the Value of a Herniated Disc Florida Car Accident Settlement? Every car accident is unique and there are a number of factors that can affect...

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What Are Average Motorcycle Accident Settlements in Florida?

Apr 24, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Did you or a loved one sustain injuries in a motorcycle crash? If so, you might be curious about the potential value of your Florida motorcycle accident 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 motorcycle injury attorney can help you determine what your potential settlement value might be. How Is a Potential Florida 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 crash 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 motorcycle accident 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. Return to top ↑ Most injury crash 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. What factors affect the value of a motorcycle accident settlement?  Several factors will affect the value of a motorcycle accident settlement. As a result, while many people have questions about “average motorcycle injury settlements,” the reality is that every case is unique. Even if two accidents happen in a similar fashion and result in similar injuries, the outcomes could still be very different based on the riders’ personal circumstances (and other relevant factors).  So, if you have been injured in a motorcycle accident, what do you need to know in order to determine the value of your claim? Some of the key factors for determining motorcycle injury settlement amounts in Florida include:  Comparative Fault Recovering financial compensation for a motorcycle accident requires proof of fault. If someone else (i.e., a negligent driver) was 100% at fault in your accident, then you are entitled to recover all of your accident-related losses. But, if you were partially at fault, then you may be entitled to less than a 100% recovery.  This is based on Florida’s law of “comparative fault.” This law states that an injured rider’s financial recovery must be reduced in proportion to his or her percentage of fault in the accident. So, for example, if you are deemed to be 25% at fault for something like exceeding the speed limit or not wearing a helmet, then you would only be entitled to recover 75% of your losses.  Of course, 75% of your losses could still be a significant amount. Additionally, as the case above shows, you cannot trust the insurance companies to accurately determine your percentage of fault. Instead, you need to rely on the advice and representation of an attorney who has your best interests in mind.  Pre-Existing Medical Conditions Auto and motorcycle insurance companies frequently try to deny coverage by claiming that riders’ injuries are attributable to pre-existing conditions. However, while a rider with a pre-existing injury may not be entitled to coverage for the pre-existing condition itself, the costs of any additional injuries or complications should generally be covered.  Age At The Time Of The Accident When a motorcycle accident has permanent consequences, the longer the rider lives, the more financial and financial costs he or she will incur. As a result, all else being equal, younger riders will have the opportunity to recover more compensation in some cases. However, as this list shows, age is far from the only factor, and we have helped many senior older riders secure seven-figure significant settlements and verdicts.  Employment Status & Occupation Florida law entitles injured riders to just compensation for their lost wages and their lost future earning capacity. As a result, the more you earn (and the more you have the capacity to earn), the more you will generally be entitled to recover. When motorcycle accidents leave riders with permanent disabilities, these riders must rely on their attorneys to calculate how much they would have earned through the age of retirement taking into account raises, bonuses, commissions, benefits, and other forms of compensation.  Diagnosis & Prognosis The severity and extent of a rider’s injuries are key factors for determining an appropriate settlement value. As a result, a thorough diagnosis is critical, and riders must ensure that they have a clear and comprehensive understanding of their long-term medical needs. If a rider’s injuries will result in permanent disabilities or shorten the rider’s life expectancy, these factors will also increase the amount the rider is entitled to recover.  Pain, Suffering & Emotional Trauma Florida law entitles injured motorcycle riders to just compensation for various forms of “non-financial” harm. These include riders’ pain, suffering, and emotional trauma. To place a dollar amount on these losses, the insurance companies and courts consider both the severity of these physical and psychological effects and the duration for which they will be endured. Rather than trusting the insurance companies (which is a mistake), injured riders must work closely with their attorneys to identify and quantify their non-financial losses.  Family Circumstances Family...

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Average Lower Back Injury Settlement Amounts in Florida

Apr 12, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that lower back injury victims can get in Florida settlement. If you suffered a lower back injury in a car accident, you are entitled to compensation for the harm you suffered if the injury resulted from the negligence of another driver. Therefore, you could be wondering what the average settlement for a lower back injury sustained in a car accident looks like. According to the lower back injury settlement examples listed on this page, the typical personal injury back settlements vary greatly from $200,000 to $1,330,000. Lower back injury settlements can range from incredibly high amounts to relatively modest awards. It all depends on the circumstances giving rise to your individual injury. Consult with an experienced personal injury attorney to maximize your lower back injury settlement. Recent Lower Back Pain & Injury Settlements in Florida (Updated in 2022) $200,000 Payout for a Lumbar Spine Back Injury Our client, a 57-year-old electronics salesman, was traveling north on Marnier Blvd. in Brooksville, FL approaching the intersection of Maderia Street.  The defendant was proceeding east on Maderia when he failed to stop for a stop sign causing a T-bone collision with our client.Our client suffered a significant lumbar spine injury.  MRI scans revealed that he had 3 herniated discs, and he was recommended for surgery by an orthopedic surgeon.  After conservative treatment failed, he did eventually undergo a lumbar laminectomy procedure.When our firm first submitted a demand package to the insurance company, the company responded with an offer of under $6,000.00.  Even after our client’s surgery, the company refused to pay the limit of insurance.  We persisted and ultimately filed an official complaint against them for bad faith negotiation.  In the end, we were able to convince them to pay the policy limits of $200,000.00 which compensated our client for his medical bills and pain and suffering.  While we certainly wish there had been more available insurance proceeds, we were pleased that we were able to get our client the absolute maximum amount of compensation possible under the circumstances.  $1,074,169 Settlement for a Car Accident Lawsuit Involving Back InjuriesThis case involved a 44-year-old male who was injured when the defendant sideswiped the vehicle that the client was operating. As a result of the collision, the client sustained a severely fractured right arm, cervical disc herniations, and back pain. Due to the severity of the fracture to the client’s right arm, the plaintiff underwent two surgeries including bone grafts to repair his arm. The amount above represents the remaining limits of available insurance in this case. $1,330,000 Settlement involving Back Injuries in Pinellas County, FLThis case involved a 63-year-old male who sustained a fractured pelvis, a right knee injury, and a back injury when the defendant turned directly in front of the client while the client was on a motorcycle. The client’s fractured pelvis required two surgeries. We obtained the limits of all available insurance in the case. What Can Influence Lower Back Injury Settlements? If you experienced lower back pain after a car accident, you are not alone. Back injuries commonly occur in car crashes. The average settlement of a lower back injury depends on the circumstances of your individual case. Less severe back injuries often warrant lower settlement offers, while major back injuries can result in large settlements. Damages resulting from a back injury can also be highly speculative. Therefore, we cannot accurately predict the worth of your injury claim without an in-depth analysis of your individual circumstances. Contact us today so we can get started reviewing your claim. Severity of Your Injury The severity of your injury plays a critical role in your lower back pain injury settlement amount. Settlement offers aim to make the victim whole through compensation for damages suffered as a result of the car accident. If the victim suffered a significant injury to their back, such as a spinal cord injury, the damages accumulated from medical bills, missing work, and costs of rehabilitation pile up quickly. Thus, victims that suffer injuries requiring more treatment and healing time are entitled to higher settlements than victims suffering from minor back injuries.  In addition to economic losses, non-economic damages are considered in calculating the value of your claim. Common examples of non-economic damages include: Emotional distress; Loss of consortium; and Pain and suffering.  As with economic damages, more severe injuries result in higher values for non-economic damages. Proof of Liability Substantial proof that the other driver caused the crash can increase your settlement offer. Many car accidents occur due to the at-fault party’s negligence. To prove a driver was negligent, you must prove that he or she failed to act responsibly which in turn caused a car accident that resulted in your injuries. Additionally, you need to establish that the injuries you suffered would not have occurred but for the at-fault driver’s negligence.  Comparative Negligence Florida recognizes the theory of comparative negligence. This means that a judge will reduce your award by the percentage assigned to you in the car accident. For example, if the jury determines you were 50% at fault for your accident, your award is reduced by 50%. Comparative negligence rules aim to prevent partially at-fault drivers from receiving a full award for damages since their own negligence contributed to their injuries. At the same time, such rules allow injured people to recover some of their damages which were caused by the defendant’s negligence. Back Pain After a Car Accident Even low-impact collisions can cause injuries such as whiplash, which can occur at speeds as slow as 2.5 miles per hour. Back injuries from car accidents can last a few days or can be debilitating for life. Some of the most common back injuries include: Whiplash, Soft tissue damage, Muscle strains and sprains, Herniated or slipped disc, Bruising or lacerations, Spinal stenosis, Spinal fracture, and Paralysis. Some of these injuries may not present themselves immediately. Adrenaline can help mask pain immediately following a car accident. Some injuries...

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What Is The Average Florida Auto Accident Settlement? Recent Car Accident Settlement Examples

Apr 12, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Overview of Florida Auto Accident Settlements Car accident in Florida? This article will help you understand the factors that most impact the potential auto accident 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. You’re in the right place, not only can we help with your claim, we can give you some Florida car accident settlement examples from our own case files – read on for more information Many factors affect your car accident settlement payout amount. Every case is different, so your settlement entirely depends on the specifics of your accident, injuries, and damages. At Abrahamson & Uiterwyk our Florida 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 possible settlement payout 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 800-538-4878 or online anytime to get answers from our qualified legal professionals. What is the Average Auto Accident Settlement Payout in Florida? According to the car accident settlement examples listed on this page, the typical Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida. Several factors affect your car accident lawsuit settlement, including: Negligence of the at-fault party, Any comparative 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 ↑ FLORIDA CAR ACCIDENT SETTLEMENT EXAMPLES Car Accident Settlement Examples from Abrahamson & Uiterwyk At Abrahamson & Uiterwyk, we have recovered hundreds of millions of dollars in compensation for our clients. Here are several recent auto accident settlement payouts we have achieved for our Florida clients $525,000.00 Car Accident Payout for Spine and Back Injuries in Dade City, Florida in 2016 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 Settlement in 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. Settlement graph 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...

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

Apr 5, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Spinal injuries can devastate your life. They often require extensive medical care and may 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 an experienced personal injury lawyer near you is the best way to understand how much your case could be worth, and what you need to do to maximize your settlement. The lawyers here at Abrahamson & Uiterwyk have over 30 years of experience helping over 20,000 residents of Florida who have suffered spinal fusion injuries recover compensation to help with medical bills, loss of wages, and other costs that can occur due to an injury of this nature. We have recovered 100s of millions of dollars for our clients and we work on a No Fees or Costs unless you win basis. Contact our office for your free case evaluation. 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 in your area. Return to top ↑ Examples of Spinal Fusion Injury Lawsuit 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 surgeon for neck problems not long before the accident and had an MRI scan done. That scan showed similar findings to the MRI that was taken after the accident. This made proving that the accident caused our client’s neck problems difficult. After her initial treatment, our client underwent a number of injections in an effort to alleviate her pain, which had been worsening. She later required a neck fusion operation when the injections failed to provide significant relief. We eventually provided the insurance company with a detailed case summary and suggested a settlement amount taking into account our client’s medical bills, lost wages, injuries and pain and suffering. The insurance company was very hesitant to fairly compensate our client for her injuries. In fact, the initial offer from the company was a paltry $9,500. Nevertheless, we continued to aggressively challenge the insurance company and continued to advocate on behalf of our injured client. The insurance company continued to argue that our client’s neck problems were all pre-existing and not caused by the accident. We negotiated over an extensive period of time. During that time, we hired a forensic radiologist to compare and contrast the MRIs taken before and after the accident. The extra efforts and strategic tactics of hiring a forensic radiologist was helpful. We caused the insurance company to be increasingly concerned about the seriousness of this case. While the insurer was increasing their offers, we were still not convinced that they were fairly compensating our client. Ultimately, after approximately 20 offers and demands were exchanged, we were able to obtain a $875,000.00 settlement for our client. For a better idea of how much money you could get from a spinal fusion surgery lawsuit settlement, consider some of the outcomes Abrahamson & Uiterwyk has achieved for past clients: $1,529,282 jury verdict for spinal injuries a client sustained in a Levy County, FL car accident; $875,000 settlement for spinal injuries a client sustained in a Pinellas County, FL car accident; $750,000 settlement for spinal injuries a client sustained in a Duval County, FL premises liability accident; and $525,000 settlement for cervical spine injuries a client sustained in a Pinellas County, FL car accident. These cases are only a sampling of our achievements over the past 30 years. Our personal injury attorneys have helped more than 20,000 clients, collecting in excess of $300 million dollars in compensation. Our experienced lawyers near you will get results. When you trust us to handle your spinal fusion surgery claim, you will benefit from our depth of knowledge and personalized level of service. Return to top ↑ 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...

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Average Head-on Collision Settlement in Florida

Mar 21, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Few moments are more frightening than watching another vehicle speed toward you at a head-on angle and knowing there is little you can do to avoid the impact. The aftermath of this scenario can be just as, if not more, frightening. In 2018, head-on collisions accounted for 29.5% of multiple-vehicle crash fatalities. For those who survive head-on collisions, severe injuries can alter their lives in unimaginable ways.  If you have suffered a head-on collision injury, addressing medical needs, wage loss, and property damage is likely daunting. You may be too overwhelmed to also think about suing the at-fault driver in court. The defendant will likely be eager to settle with you in lieu of trial, but do not settle without legal advice. The advice of an experienced car accident attorney can maximize your recovery in a head-on collision car accident settlement.  What to Expect from a Head-On Collision Settlement Do not base the value of your accident on the average settlement for a head-on collision. That average does not exist. Every accident is unique, and settlement values should be treated accordingly. However, there are many factors that can help you predict the settlement value of your particular accident. How your accident occurred, the nature of your injuries, the level of property damage, and the ways in which your life has changed dictate the kind of settlement you could obtain in a negotiation. Damages You Should Receive in a Settlement Your settlement should cover the amount of damages you could be awarded at trial. Like a trial award, your settlement should cover your present and future economic losses, your pain and suffering, and any punitive damages applicable against the at-fault driver.  In Florida, not all car accidents involving bodily injury are appropriate to a lawsuit against a third party. To file a claim against an at-fault driver for your pain and suffering damages in Florida, your accident must involve:  Significant and permanent loss of an important bodily function, Permanent injury, Significant permanent scarring, Significant permanent disfigurement, or Death. An experienced attorney can determine whether you meet this threshold for recovery against an at-fault driver. If you do not meet the threshold, an attorney can help you determine your best options for relief.   Economic damages The simplest portion of a settlement amount to calculate is your economic damages. An at-fault driver should compensate you for accident-related medical care (past, present, and future), your wage loss from missed work and diminished earning capacity, the cost of property repair or replacement, and any other financial expenses or losses you experience. Evidence for these damages is in your receipts, invoices, estimates, financial statements, and medical reports.  It is imperative that you seek medical attention immediately after a collision to establish your present and future medical needs. Common head-on collision injuries can be severe and can require long-term medical intervention. An experienced personal injury attorney has the knowledge and resources to forecast the cost of your lifetime medical needs before you enter settlement negotiations.  Non-economic damages There are no exact financial statements for your non-economic damages, but these damages are incredibly important in your recovery. Your post-accident stress, pain, and difficulties with routine activities and hobbies are worth something in a settlement. Although money does not fix everything, you should receive non-economic damages to compensate you for your pain and suffering. A personal injury attorney can undertake the complicated task of holding an at-fault driver accountable by converting your pain and suffering into a just dollar amount.  Punitive damages When an at-fault driver’s conduct exceeds ordinary negligence, they can be liable for punitive damages. To receive punitive damages under Florida law, you must prove by clear and convincing evidence that the at-fault driver’s actions were intentional or grossly negligent. Though there is no average settlement for a head-on collision, there are limits to the punitive damages you can collect. In most cases, your punitive damages cannot exceed the greater of: Three times the amount of the sum of your economic and non-economic damages; or  $500,000. The standards to prove your entitlement to punitive damages are high, but an experienced attorney knows how to meet them.  Your Level of Fault Can Diminish Your Recovery Unless the at-fault driver is liable for an intentional tort, Florida law reduces your economic and non-economic damages by the percentage of fault you had in causing the accident. The other driver’s insurance company wants to reduce or eliminate a settlement offer by arguing the accident is your fault. A car crash lawyer near Tampa knows what facts and legal standards to highlight to diminish your fault and effectively pursue every penny your claim is worth.  Common Causes of Head-On Collisions What is especially tragic about head-on collisions is that they are usually preventable. Common causes of head-on collisions include: Distracted driving Driving while impaired by drugs or alcohol Driving while fatigued Aggressive driving Excessive speed Improperly passing another vehicle on a two-lane road Not driving carefully in wet weather conditions Ignoring traffic signs and signals These collisions happen more often on two-lane roads that don’t have dividers. They are also common on roads undergoing construction where proper signage hasn’t been used. Most Common Types of Head-On Collision Injuries Head-on collisions are one of the most dangerous types of accidents. This is because in a head-on collision, there is nowhere for the car’s energy to go except into the other car. Compared to a sideswipe or a fender-bender, head-on collision injuries are usually much more serious. Passengers can suffer fatal or life-threatening injuries, even with airbags and seatbelts. Every day, tens of thousands of people drive on Florida’s roadways. With so many drivers, traffic accidents are inevitable. In 2019, there were more than 400,000 traffic crashes in the State of Florida. After one of these accidents, the cost of medical care can skyrocket. Hiring a personal injury attorney can help you obtain damages to pay for these costs and more. If you were injured in a head-on collision, Abrahamson & Uiterwyk is here to help....

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

Mar 16, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

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, these stores can present slipping, tripping, and falling hazards of all types. For that reason, Walmart faces a constant stream of personal injury claims and lawsuits for which they have to provide payouts, specifically for slip and fall cases at their stores. 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 Walmart slip and fall settlement. Having a knowledgeable slip and fall attorney on your side will also protect your legal rights. An accident attorney can also help you pursue the compensation you deserve for your Walmart slip and fall settlement. 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, slip 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 payout amounts are often higher than for other types of personal injury cases. For example: A Georgia jury awarded one plaintiff a payout of $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 Walmart 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. $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 or back injury payouts 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. 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 of 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. 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....

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

Mar 9, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

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

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What is the Average Wrongful Death Settlement in Florida?

Mar 4, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Overview of Wrongful Death Settlements in Florida 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 wrongful death 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 in Florida? 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 We’ve Achieved in Florida 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. Some other wrongful death settlement examples we’ve achieved are 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...

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Average Truck Accident Settlement in Florida

Feb 23, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

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 in Florida. 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 and to discuss what your Florida truck accident settlement could look like. 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 Amount for Florida Truck Accident Settlements? 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 so giving an average payout for a semi-truck accident is very difficult. It is hard to predict how commercial truck accident settlements will go since there are many factors to consider such as is only the driver liable, the trucking company, or other third parties as well. What you receive as a payout in your truck accident case will be dependent on many different things. The important thing is to hire an experienced attorney near you 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 in Florida Abrahamson & Uiterwyk has fought hard on behalf of truck accident victims to get our clients everything they deserve in the way of compensation. 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 Responsible For The Accident Generally, the first party most people think of for legal liability is the truck driver. If your truck accident 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. Trucking Companies Responsible 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...

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What Is the Average Florida Trip and Fall Settlement?

Feb 18, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

If you or a loved one has sustained injuries in a Florida slip and fall accident, you may have a legal claim for compensation. But when it comes to Florida slip and fall settlements, exactly how much might you be entitled to recover?  Unfortunately, the answer to this question is not so simple.  Many people wonder whether there are any average slip and fall settlement amounts in Florida. In fact, the amount of your potential recovery may vary significantly from that of another slip and fall victim.  Determining the appropriate amount for slip and fall injuries settlements can be complicated. Thus, it is imperative that you work with an experienced personal injury law firm that can help you pursue the compensation you deserve.  The personal injury attorneys at Abrahamson & Uiterwyk know what it takes to navigate a typical slip and fall settlement. While there may not be a precise average slip and fall settlement in Florida, our team of legal professionals can help you determine the value of your potential recovery based on the facts and circumstances surrounding your case.   Overview of Florida Slip and Fall Settlements Again, there is no clear average slip and fall settlement amount in Florida. However, just because there may not be an average slip and fall settlement in Florida does not mean that there is no way to estimate what you may be entitled to recover. Rather, 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 slip and fall injury attorneys. Examples of Recent 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. Below are some examples of recent trip and fall accident settlements we recovered for our clients. Of course, we can never guarantee the same or similar results. However, we hope that these case examples provide you with an idea of the types of compensation our attorneys can help you pursue.   $300,000.00/ Florida Trip and Fall Accident / Shoulder and Wrist Injuries / Lee County, FL 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 Plaintiff fell to the ground. As a result of this incident, Plaintiff suffered multiple injuries to her hip and back. We settled her premise liability case for $850,000. $689,000 Florida 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. It is important to note that you must be able to prove each of these elements to have a successful slip and fall claim. Also, the following factors can affect the amount of your Florida slip and fall 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 For My Florida Slip/Trip and Fall Settlement 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...

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

Feb 17, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

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

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Hit by a Drunk Driver Settlement in Florida: How Much Can I Expect?

Dec 28, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

If you or a loved one sustained severe injuries after being hit by a drunk driver, you are likely considering legal action. You might also wonder what your settlement value could be. Like most personal injury cases, you may have the right to recover compensation for your physical, emotional, and financial damages after being hit by a drunk driver. The value of your claim will depend on the injuries you suffered and other details specific to your case. As with any accident and injury case, it’s always best to consult with an experienced drunk driving accident lawyer to ensure you receive fair compensation. The best way to determine what your potential settlement value might be is to consult a Florida DUI accident attorney. An attorney can review the facts of your case and advise you about recovering the compensation you deserve for your losses.   AVERAGE DRUNK DRIVER SETTLMENT FAQ Is There an Average Florida Drunk Driving Settlement Amount? Drunk driving accidents have the potential to cause significant injuries and, often, death. These incidents can destroy lives and tear families apart. The damages that result from these accidents tend to be substantial. Just as no “average” accident victim or injuries exist, we can’t identify any type of average settlement for drunk driving accidents. However, many drunk driving claims do carry a high potential value for settlement or verdict due to the severe nature of the resulting damages. Because DUI accidents are always preventable—and typically involve negligence or recklessness by the at-fault party—your settlement might also include punitive damages. Punitive damages, which victims can collect under Florida law, are designed to punish the at-fault party for their actions. AVERAGE SETTLMENT FOR DRUNK DRIVING ACCIDENT FAQ Does the Fact That I Was Hit by a Drunk Driver Make My Case for Compensation Stronger? For anyone hit by a drunk driver, settlement amounts should compensate the victim for all of their losses and damages. Even though there is no average drunk driver settlement you can use for reference, you deserve to recover fair compensation for what you’ve been through. Being injured by a drunk driver can make it easier to recover compensation, especially when your lawyer can cite criminal evidence in your case. DUI accident injuries may also entitle you to additional damages that you might not otherwise receive. These damages, known as punitive damages, are intended to punish the drunk driver. Although Florida statutes bar the recovery of punitive damages without a reasonable foundation for doing so, many DUI accident victims sustain injuries that meet the statutory standards. To recover punitive damages, your case must go to court. If you win your case in court, the jury will determine whether to award punitive damages and, if so, the amount of the damages. A car accident attorney can explain more about the damages you may be entitled to and help you determine the best way to recover the compensation you deserve. DRUNK DRIVING LAWSUIT SETTLEMENTS FAQ What Factors Are Considered When Calculating the Potential Amount of a Florida Drunk Driving Settlement? When calculating the value of a DUI accident claim, attorneys identify and include all potential damages the victim suffered. Typically, drunk driving accident victims have the right to pursue compensation for all economic and non-economic damages they incurred. In your case, this might include: Medical treatment, Lost wages, Emotional distress, and Pain and suffering. If you sustained disabling or permanent injuries, you may have the right to recover additional compensation for damages such as diminished earning capacity and diminished quality of life. You might also be entitled to compensation for any future medical treatment or care you require as well as estimated future lost income and benefits. Finally, as discussed above, you may be entitled to recover punitive damages in a Florida DUI injury accident claim if your case goes to court. DRUNK DRIVER SETTLEMENT AMOUNTS FAQ What Evidence Is Most Critical in a Drunk Driving Injury Case? Attorneys leverage a variety of evidence to prove their client’s claim. For your case, this might include: Police and accident reports, Witness statements and testimony, Blood alcohol concentration (BAC) testing, Expert witness opinions, Surveillance video, Accident scene photographs, 911 call recordings, and Hospital records. When you work with a drunk driving injury attorney, your legal team will investigate the circumstances of your accident. Your lawyer will obtain the necessary evidence to build a persuasive case based on the facts and details of your claim. DRUNK DRIVER ACCIDENT SETTLEMENTS FAQ Can I Sue a Drunk Driver If I Was Hit as a Pedestrian? In most cases, you can sue a drunk driver if you sustained injuries as: A driver in another vehicle, A passenger in another vehicle, A passenger in the drunk driver’s vehicle, A pedestrian, A bicyclist, or A motorcyclist. Typically, you can sue a drunk driver any time their actions cause you to sustain injuries, no matter what the circumstances might have been. Talking to an experienced personal injury lawyer will help you determine whether you have a viable DUI accident injury claim. DUI ACCIDENT SETTLEMENTS FAQ Will the Crime Victim Compensation Fund Pay Me If I’m Hit by a Drunk Driver? Florida’s Victim Compensation program, overseen by the state’s Attorney General, provides compensation for victims of various types of crimes, including drunk driving. To qualify for compensation, you must complete the necessary paperwork and meet the program’s requirements. Unfortunately, the Victim Compensation program has limited resources. The program’s benefits will pay up to two-thirds of your medical bills up to a maximum of $10,000. You can recover up to two-thirds of your lost income up to a maximum of $15,000. This program is invaluable if you have no other way to recover damages. However, many victims prefer to pursue a drunk driving accident claim or lawsuit if their damages exceed these benefit amounts.   HIT BY A DRUNK DRIVER SETTLEMENT FAQ What’s the Difference Between Criminal and Civil Drunk Driving Cases? In a Florida DUI case, the drunk driver faces criminal charges. Upon conviction,...

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Average Allstate Car Accident Settlement in Florida

Aug 3, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

Consulting an Experienced Law Firm Can Help You Maximize Your Allstate Car Accident Settlement Allstate is a well-known insurance company whose television ads center on how easy they are to work with. Well, that may be true if you pay regular premiums for their insurance products. However, you will not be “in good hands with Allstate” if you suffered injuries in an accident caused by someone they insure. What they hide is their unwillingness to offer a fair Allstate car accident settlement once one of their customers hurts you. If you sustained injuries in a car crash caused by an Allstate customer, you are going to need an aggressive, tough, and knowledgeable Florida car accident lawyer to fight for justice. At Abrahamson & Uiterwyk, we understand that a car accident often derails peoples’ lives. That is why we use our extensive experience and wealth of resources to give you the help you need to pursue the compensation you deserve. What Is the Average Car Accident Settlement in Florida? You might be surprised to learn that there is no average Allstate settlement amount in Florida. Each case turns on the facts and circumstances of the accident. As a result, calculating the “average” of all Allstate accident insurance payouts is impossible. You should resist the urge to compare your accident to someone else’s. You do not know all of the nuances and variables that could make a huge difference in your Allstate car accident settlement. Instead, the focus must be on you and your case. Your injuries are unique to you. The way the injuries upset your life is also unique. You should be wary when someone who does not know the law or your case tries to tell you how much it is worth. Instead, you should rely on the opinion of an experienced Florida car accident attorney to analyze your claim. What Factors Affect an Allstate Accident Insurance Payout? Florida law allows an injured person to collect damages from everyone who contributed to their injuries, as well as their pain and suffering. The amount of compensation you could recover depends on factors such as: The severity of your injuries; Whether you suffered permanent injuries or scarring; How much time you were forced out of work; If you will lose money or economic opportunities in the future because of your injuries; Whether you have injuries that will need treatment in the future; The amount of pain and suffering you experienced; and The amount of mental anguish you suffered as a result of the crash. Not every case will include all of these damages. Some cases might involve punitive damages as well. Every case is different and talking with a knowledgeable lawyer can help you better understand what your case is worth. Do Allstate Settlement Calculators Work? To put it bluntly, no, Allstate settlement calculators do not work. We have discussed some of the variables that go into determining how much your case is worth. There is no way that a “settlement calculator” can compute all of the idiosyncrasies and nuances involved in your claim.  Perhaps more importantly, the settlement calculator is run by a company that does not want to pay you any money in the first place. Why would you trust an adversarial calculator to give you an accurate statement of the value of your claim? Companies like Allstate put settlement calculators on their websites to deter people from talking to lawyers. They know that they can save money by making lowball calculations to people without lawyers.  You should only rely on the analysis of a Florida car accident lawyer with over 30 years of experience fighting to help clients maximize their Allstate settlement. How Fast Can I Get My Money? We understand that you and your family are in a financial bind because of your accident. The financial strain can become unbearable. As a result, you might think that taking a quick, easy settlement would solve your problems. One of the first questions our clients ask is “How long does it take Allstate to settle an auto accident?” We realize that you need money fast and we work to get your Allstate settlement check fast. But we cannot simply accept any bodily injury settlement offer they make. We need to make sure that we review your case thoroughly before we answer the question, How long does it take Allstate to pay a claim? Beware of Quick Allstate Accident Insurance Payouts Insurance companies like Allstate have adjusters who work within parameters when offering settlements on Allstate personal injury claims. They know that offering a quick settlement, especially if a lawyer is not involved, might help them settle a claim for less money than it is worth. For instance, suppose a distracted driver hit you from behind. You could be seriously hurt. However, the adjuster might give you a standard Allstate rear-end settlement offer that sounds good at first. You might think that accepting a quick and easy soft tissue injury settlement from Allstate is the best option for you. However, you should consider talking to a lawyer who understands your case thoroughly before deciding whether you should accept a settlement.  Accepting a quick settlement now puts some money in your pocket quickly. But, once you accept the settlement and sign a release agreement, you cannot file another claim against the at-fault driver. You are stuck with the settlement agreement and can never go back for more money, no matter what happens. So if you accept a low offer and later develop a long-term costly disability, you are forever barred from going back to the table and asking for more money.  Why Should I Get an Attorney? You might be tempted by the notion that you could save money by handling your claim without hiring a lawyer. There are several reasons why you should hire a lawyer instead of trying to negotiate a settlement with Allstate by yourself.  The most important reason is that insurance companies reduce their offers when talking...

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Average Bodily Injury Claim Settlement in Florida

Aug 3, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

Putting the pieces of your life back together after suffering a personal injury can be incredibly difficult. Regardless of whether you are claiming bodily injury because of a car accident, dog bite, or a slip and fall, you are likely wondering what the average bodily injury settlement is in Florida. As we’ll discuss below, the average bodily injury settlement varies based on the circumstances of your case.  However, the best way to know the value of your claim is by seeking legal assistance. That is why we recommend consulting an attorney right away.  What Factors Affect the Average Bodily Injury Claim? There are several components that can either increase or decrease bodily injury claim settlement amounts.  Medical Bills For many bodily injury cases, the cost of receiving proper medical treatment is an important factor. Naturally, the cost of medical treatment ranges greatly based on the type and severity of your injury. A minor and temporary injury like a muscle strain may require only a single doctor visit.  On the other hand, a more serious injury—such as brain trauma or a spinal fracture—may result in seven-figure medical bills.  The higher the cost of your medical treatment, the higher the value of your bodily injury settlement.  An experienced personal injury attorney will be able to help you pursue compensation not only for past medical treatment costs but also for all future anticipated medical costs, including the cost of therapeutic and rehabilitative remedies. Pain and Suffering Another significant factor in bodily injury claims is pain and suffering. Most people don’t know that they can obtain significant compensation for all pain and suffering that they have experienced because of their bodily injuries.  Unlike medical bills, pain and suffering damages are often difficult to estimate. In general, your bodily injury claim settlement will be higher if you experience pain and suffering over a longer period of time. The degree and pervasiveness of the pain will also affect your bodily injury claim value.  Wage Losses (Past and Future) Yet another frequent cost in personal injury cases is lost wages from missing work. Depending on the severity of your injuries, you might miss a week, a month, or even a year of work. In extreme cases, you might receive a disability which permanently prevents you from being able to perform your job.  If that happens, you can pursue compensation for both the wages that you have lost in the past and anticipated future lost wages.  Is There a Bodily Injury Calculator in Florida to Help Me Find My Bodily Injury Claim Value? No. No accurate bodily injury settlement calculator exists in Florida. But a knowledgeable personal injury attorney will be able to give you a general sense of what your case may be worth based on your individual circumstances and their past experience with bodily injury claim settlements.  What Can a Lawyer Do to Help My Bodily Injury Settlement? Knowing how to settle a bodily injury claim is essential to helping you pursue the compensation you deserve. Attorneys know how to settle claims successfully for their clients based on their years of specialized training and professional experience. On top of that, an attorney will be able to realistically assess your case and provide you with a full understanding of your rights. Imagine, for example, that you’re seeking a car accident bodily injury settlement. Just claiming bodily injury in a car accident is far different than successfully negotiating a bodily injury settlement. For one thing, Florida’s no-fault laws prevent you from seeking compensation from an at-fault party unless your injuries are serious. But an experienced attorney will have the negotiation experience and legal knowledge to prove the seriousness of your injuries and maximize your compensation. Moreover, they will aggressively defend your rights against groups like insurance companies that seek to protect themselves at your expense.  Therefore, it’s essential to hire a superb attorney who will advocate on your behalf, collect evidence for your claim, and maximize your compensation.  Want to Learn More About Your Bodily Injury Claim Value? Because there’s no bodily injury calculator in Florida, it’s best to seek out an experienced personal injury attorney. But it’s important to choose the right attorney to assist you as you pursue a bodily injury settlement.  Abrahamson & Uiterwyk is a personal injury law firm based out of Tampa, Florida. For over 30 years, we’ve fought zealously for over 20,000 clients. Our attorneys have obtained hundreds of millions of dollars on behalf of our customers, including many multi-million dollar case results. Our practice focuses specifically on helping our clients pursue bodily injury claim settlements. Feel free to peruse our hundreds of positive client testimonials.  On top of that, you incur absolutely no legal fees or costs unless you win.  Give us a call today at 800-538-4878 or contact us online.

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How Much Is the Average Grocery Store Slip and Fall Settlement Worth in Florida?

Jul 30, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

The short answer to the question of how much the average slip and fall grocery store settlement is worth is that there is no average amount. Slip and fall claims are highly dependent on the details of the individual case. It is possible, however, to identify the factors that contribute to a settlement value and apply them to your claim. Premises Liability: The Legal Foundation of a Florida Slip and Fall Claim To settle your slip and fall claim, the following needs to proven: That you were legally on the property (you were not trespassing); The business or landowner was obligated to keep the property reasonably safe—a grocery store owner almost always has this duty, but sometimes a third party (a building manager, for example) actually controls the property; The defendant breached this duty by failing to take reasonable steps to remedy a dangerous condition; The defendant’s negligence caused you injuries; and Your losses add up to the amount you are claiming. The foregoing elements must be proven by “the greater weight of the evidence,” which is a probability of greater than 50%. Causes of Grocery Store Slip and Fall Cases The most common causes of grocery store cases include: Spilled liquid or debris on the floor; Ice in the parking lot or on the floor near the frozen food aisles, Slippery bathroom floors, Cracked or uneven flooring, and Lack of warning signs for dangerous conditions. This is only a partial list. If you suffered an injury due to any dangerous condition in a grocery store, you should reach out to an experienced premises liability attorney. Slip and Fall Grocery Store Settlements The same basic principles that underlie any personal injury settlement also apply to grocery store slip and fall settlements. Some factors, however, are unique to grocery store slip and fall cases. These factors arise from the specific types of accidents that you are likely to suffer in a grocery store. Factors in Florida Grocery Store Injury Settlements The following factors are all likely to affect the settlement value of your slip and fall claim: The strength of your claim. How persuasive is your evidence? How likely are you to win in court? The amount of your losses. Losses include intangible damages such as pain and suffering, which might amount to most of the value of your claim. Whether the defendant’s misconduct amounted to intentional misconduct or gross negligence. This could open up the door for punitive damages. Comparative fault. If you were partially at fault, Florida law reduces your damages proportionately. The defendant’s financial resources, including insurance coverage. A good lawyer will identify these factors quickly and exploit them to your advantage. How Fast Can I Get My Money? Estimating the time you will need to get your money from a slip and fall claim is a lot like estimating how much money you will get. It is difficult to say because results vary widely from case to case. Relevant factors include: When you reach maximum medical improvement (MMI). It is impossible to calculate your medical expenses with certainty until your condition has improved as much as it is ever going to. How stubborn the defendant might be. Cases that go to trial typically take longer than cases that the parties settle privately. The more money you demand, the more stubborn the defendant (or their insurance company) is likely to be. The skill of your lawyer (more on this below). Whether you commit any of the common errors that might damage your claim, such as posting about the accident on social media, giving the other side a recorded statement, etc.  Remember, the quickest settlement is also likely to be the most inadequate settlement. How a Lawyer Can Help The slip and fall accident lawyers at Abrahamson & Uiterwyk have handled a multitude of slip and fall claims over the past three decades. We offer the following advantages: We can calculate the true value of your claim. You are probably underestimating its value, and the other side certainly is.  We can work to prove your claim with admissible evidence. This is more difficult than it sounds. We can negotiate your claim with the other side. Remember, we cannot accept the other side’s settlement offer without your permission. We can help you avoid some of the common pitfalls that cause slip and fall victims to damage their own claims. The foregoing list is just the tip of the iceberg of the myriad ways that an experienced Florida slip and fall lawyer can help with your claim. We Have Recovered Hundreds of Millions of Dollars for Our Clients We could use this space to tell you about our experiences. But don´t take our word for it—listen to our clients instead. Among the 20,000 clients we have served over the past 30 years, hundreds have left us five-star reviews on Google and Facebook. Contact the Tampa injury lawyers at Abrahamson & Uiterwyk 24/7 by calling 866-201-8701 or by contacting us online.

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Average Settlement for a Broken Arm in Florida

Jul 30, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

Unfortunately, there is no average settlement for a broken arm in Florida. Any number that we could give you would be meaningless and misleading because settlement amounts vary widely from case to case. The injury lawyers at Abrahamson & Uiterwyk can give you a better estimate after reviewing your unique case. Factors That Affect Settlement Value Most victims of broken arms choose to resolve their claim through private settlement rather than through a trial. The shadow of a trial always looms over settlement negotiations, however, because a trial is what will happen if settlement negotiations fail. The following are some of the factors that affect settlement value: The type and location of your fracture—this affects how much pain you suffer, which in turn affects the amount of pain and suffering compensation you could win at trial. How the fracture affects your job—If your job requires you to use your fractured arm extensively, you might be out of work for weeks or even permanently. A court may grant you compensation for these lost earnings. The defendant’s financial resources—Florida does not require drivers to carry bodily insurance liability coverage (you are required to maintain $10,000 in insurance for your own injuries, however). Whether you were partially at fault for the accident—If you were, your damages will be reduced in proportion to your percentage of fault. Whether you suffered a significant disability—Significant or permanent disabilities usually mean that you will get more money in damages. Whether your injury required surgery. A multitude of other factors might also affect your claim, some of which may be arbitrary. Special Case: Settlement for Broken Arm in a Car Accident Broken arms are common in serious car accidents. A broken arm is a broken arm, however, no matter what kind of accident caused it. You might find inflated “averages” for car accident-related broken arm settlements online, but these settlements typically include more serious injuries such as traumatic brain injury (TBI). A car accident settlement includes compensation for all injuries. But rarely does the settlement agreement break down exactly how much of the settlement applies to each part of the body. Special Case: Settlement for Elbow Injury Elbow injuries are also common in car accidents. Unlike much of the rest of the arm, the elbow is not protected by muscle or fatty tissue. Accordingly, it is very susceptible to fracture. At certain angles, impact to the elbow can cause it to collide with the triceps muscle. This is an injury that typically requires surgery to correct. Another common elbow injury involves the radial head, the ball of the forearm that connects to the elbow. The radial head can be broken or jammed into the elbow, and tendon damage can result. These elbow injuries can be excruciatingly painful. Why You Need a Lawyer A lawyer can help you in more ways than it is possible to mention in a short article. An experienced Florida personal injury lawyer can negotiate a deal that is far better than what you can get on your own. In fact, the difference often pays for the lawyer’s fees several times over. Some of the ways a lawyer can help you include: Determining the real value of your claim; Gathering and presenting the evidence in a compelling way to increase the settlement offer; Negotiating with the opposing party while keeping the threat of trial foremost in their minds; Drafting a clear, concise settlement agreement that contains no tricks; Thinking calmly even when you are in distress; Advising you against making damaging errors; and Representing you in court if necessary. These are only a few of the many, many ways in which a claimant represented by experienced counsel is better off than someone who represents themselves. How Fast Can You Get Your Money? Typically, resolving a broken arm claim takes a few months. In some cases, however, it might take only a few weeks. If the case goes to trial, however, it can take some time to resolve the claim. Although it is impossible to precisely predict the time frame for compensation, a good rule of thumb to remember is that the more money you ask for, the longer it will take to resolve your claim. The complexity of your claim is also a critical factor.  Nobody Takes Advantage of Our Clients. NOBODY. We won’t sit back and let one of our clients be stonewalled or short-changed by a stingy defendant or insurance company. And it shows. In 30 years of practice serving over 20,000 clients, we have recovered hundreds of millions of dollars for our clients. Contact the Tampa personal injury lawyers at Abrahamson & Uiterwyk any time of the day or night by calling (866) 201-8701 or by contacting us online.

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Average Nationwide Insurance Claim Settlement in Florida

Jul 30, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

Getting in a car accident is always a hardship. It is an inconvenience at best, life-altering at worst, and everything in between for many. Having insurance coverage can make the process easier, but it is rarely simple. Even dealing with large, well-established insurance companies can prove challenging. If you have been in an accident and have questions about your potential Nationwide Insurance claim settlement, there are several things you should know. Filing an Insurance Claim in Florida Florida is considered a “no-fault” state. This means that regardless of who is at fault for the accident, your own insurance pays the first $10,000 of your medical bills and lost wages under which is known as personal injury protection coverage or PIP. All drivers are required to carry Personal Injury Protection (PIP) coverage. Basic PIP coverage includes: Up to 80% of medical expenses;  Up to 60% of lost wages;  Travel expenses for medical appointments; and  $5,000 in death benefits.  This system is designed as a way to help you get compensation quickly, regardless of who is at fault. Complications may arise when an insurance company refuses to provide an adequate settlement or damage extends beyond your coverage.  Nationwide Insurance Claim Settlement Nationwide Mutual Insurance Company is one of the largest insurance providers in the country. They have policies for homeowners, renters, business owners, the elderly, and drivers. Their automotive policies are most widely known. Because of their size and experience, working with a larger company like Nationwide can be beneficial when it comes to car insurance claims, but it can also have its downfalls. Companies like Nationwide understand how to make a profit and that often means offering a lower Nationwide insurance claim settlement than what you deserve. Should You Use An Accident Settlement Calculator? The short answer is no. These so- called calculators are notoriously unreliable and inaccurate. Often, they are actually hosted by insurance companies who are motivated to pay you as little as possible for your claim. These calculators also fail to take into account the individual aspects of your case. The best way to get an accurate evaluation of your claim is through experienced legal counsel.  What Factors Affect Your Nationwide Insurance Claim Settlement? There are a number of factors that may impact your Nationwide insurance claim settlement. The biggest one is the severity of your injuries and associated cost of care. The more expenses you have, the larger the settlement you should get. It is important to be able to prove your expenses. So make sure to keep all records and receipts for any costs associated with your accident.  In Florida, your Nationwide personal injury settlement will only include non-economic damages such as pain and suffering, emotional distress, and mental anguish, if you meet Florida’s injury severity threshold. In order to cross that threshold, you must demonstrate that the accident caused either: Permanent limited use of a bodily organ or member;  Significant and permanent loss of an important bodily function; A permanent injury; Significant and permanent scarring or disfigurement; or death. How Fast Can I Get Paid For My Nationwide Car Accident PIP Claim? When you are injured, the medical bills can pile up quickly. When you are filing a PIP claim in Florida, you must seek medical treatment within 14 days of the accident. By law, your insurance company must pay or deny the claim within 30 days. If your original claim is incomplete, the insurance company can extend the deadline by 30 additional days when each piece of information is received. If the claim is denied, the insurance company must provide an explanation. At that time you have 15 days to revise and resubmit your claim.  Tips For Filing Nationwide Car Insurance Claims  Despite the fact that Florida is a no-fault state, it is important that you gather as much information as possible at the time of the accident. This could include the police report (which you should always file), contact information for the other driver and witnesses, and various photos. Nationwide recommends that you take photos of the following: The VIN, which is usually located on the inside driver’s side door or on the dashboard;  The current mileage on the odometer;  The vehicle’s registration information;  A view of both the rear and front of the vehicle;   A close-up view of damage to the car; and  A view from 10 feet away, showing all damage to the vehicle.   These are important things to have on hand if requested but pertain primarily to property damage. It is important to note that Florida’s no-fault policy does not apply to vehicle damage. You can file a lawsuit against a negligent party for property damage without stipulations.  For your Nationwide personal injury settlement, your most important assets are records of your injuries, doctor’s visits, and all related medical expenses. If your injury causes you to miss work, you can include those lost wages. Keeping detailed records is extremely important in order for you to receive fair compensation.  Why Should You Hire An Attorney? One of the most important things to understand when dealing with insurance companies is that, though they are there to help, they are in the business of making a profit. They make a profit when they pay you the least amount of money possible. Big companies like Nationwide have entire legal teams dedicated to enticing accident victims into taking the lowest settlement possible.  An experienced law firm like Abrahamson & Uiterwyk will take the time to understand the details of your claim and your expenses. By closely examining your case, we can determine the appropriate amount of compensation you deserve. We strive to provide prompt and aggressive representation and push insurance companies to settle claims quickly and fairly so you can get back to living your life. Contact us to schedule your free case consultation.

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Average Progressive Insurance Settlement Offer in Florida

Jul 30, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

Here’s Why You Should Have an Experienced Florida Auto Accident Lawyer Represent You  Progressive Insurance airs a lot of television commercials. Their gimmick is to have the familiar “Flo” pitch ways to save on auto and home insurance, along with other insurance products. Based on Progressive’s aggressive ad campaign, you might think that they are easy to deal with if you file a claim for personal injury compensation. However, Progressive Insurance settlement offers, like other major insurance company offers, are notoriously low. Abrahamson & Uiterwyk are the Florida auto accident attorneys you need to help you get a fair settlement from Progressive. Drawing upon our 30 years of experience fighting for accident victims in Florida, we assemble the best compelling case possible. We advocate for you and help you pursue the compensation you deserve. What Is the Average Progressive Settlement in Florida? Contrary to what you might hear, there is no average settlement from Progressive Insurance. Progressive Insurance is a massive insurance company that is in business to make money. As a result, Progressive does not pay out easily. Instead, Progressive Insurance will nitpick every part of your claim to find ways to reduce your Progressive Insurance settlement offer. They will blame you for causing the accident or try to show that your injuries are not as serious as you say they are. Also, Progressive’s representatives may try to offer less than you want because you had a prior accident claim or previous injury.  What Factors Affect Progressive Insurance Settlement Offers? Settlement amounts vary based on many factors. Those factors include: How the accident happened; The amount of medical bills you have; The wages you lost because of the crash; Whether your injuries are permanent; If you have scarring; How long it took for your injuries to heal; Whether you will need medical care in the future; The amount of pain and suffering you endured from the injuries sustained in the crash; Whether you had any emotional trauma such as loss of enjoyment of life; and The amount of damage to your property.  Not every personal injury claim will involve all of these factors. Since no two people are alike, no two claims are alike. It is important to remember that the unique facts of your case determine the settlement offer you receive from Progressive Insurance. Florida law also factors into your settlement offer. Progressive can lower your offer if you did something to contribute to the accident. This is called comparative negligence. Under this system, your award is reduced by the same percentage. In other words, your award can be reduced by the amount you were found to be responsible for in the accident. As we said, Progressive will try to use Florida’s comparative negligence law to its benefit. That is one of the reasons why it is so important to have a highly experienced and knowledgeable Florida car accident attorney represent you. Do Progressive Settlement Calculators Work? In short, no, Progressive settlement claims calculators do not work. Settlement calculators are a tool Progressive and other companies use to convince you to accept a lowball offer. They do not give you an accurate reading of the appropriate Progressive car accident settlement for your unique case.  Talking with an experienced attorney from Abrahamson & Uiterwyk is the best way you can know how much your claim is worth. An experienced personal injury lawyer will evaluate your claim and do everything possible to help you pursue the settlement you deserve. How Fast Can I Get My Money? Quick settlements are a trick Progressive Insurance may use from time to time to limit their exposure to paying out a large settlement. A Progressive representative may try to convince you that a quick settlement is in your best interest. However, before you accept any offer from Progressive, you need to talk to a lawyer first. Accepting a quick settlement without talking to an experienced car accident lawyer can be extremely risky. A Progressive settlement claim adjuster will not offer you a settlement unless you sign a release. That release means once you cash your Progressive settlement check, you forever forfeit your right to seek additional damages. Even if you need additional surgeries or other medical attention related to the accident, you cannot go after the person insured by Progressive.  Why Should I Get an Attorney? You need an attorney to advise you about the Progressive Insurance car accident settlement process. You might think you could save yourself money by handling your claim by yourself. However, you are far more likely to receive a small settlement if you do not have an attorney. Additionally, an experienced attorney will know where to look for evidence that can strengthen your claim. Would you know what to do to preserve evidence that is helpful to you? Do you know how to find witnesses and interview them? Would you know how to respond effectively if Progressive denies your claim?  Having the right attorney allows you to focus on your recovery and getting your life back on track. An aggressive attorney will take the stress of your claim off your shoulders and personally take on that burden. If you get a low Progressive Insurance pain and suffering offer, you might end up suing the Progressive insured person who caused your accident.  Abrahamson & Uiterwyk Are the Right Lawyers to Settle Your Progressive Accident Claim For more than 3 decades, the Florida car accident attorneys with Abrahamson & Uiterwyk have fought vigorously for our clients. And we continue to do so. To date, Abrahamson & Uiterwyk’s nearly 20,000 clients have received over $300 million in compensation. We never take a fee or costs unless we recover money for you.  Abrahamson & Uiterwyk’s peers and clients voiced their opinion as well. Abrahamson & Uiterwyk has an A+ rating from the Better Business Bureau and an AV rating from Martindale-Hubbell. An AV rating is the highest possible rating bestowed by Martindale-Hubbell. Additionally, Abrahamson & Uiterwyk proudly received a “Best Law Firm” rating...

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Average Knee Injury Car Accident Settlement in Florida

Jul 29, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that knee injury victims can recover in a knee injury settlement. If you have injured your knee in an accident, it may be difficult to perform even simple tasks. In fact, knee injuries can be some of the most painful and difficult types of injuries to recover from.  So, what do you do after a knee injury accident? Is there a knee injury settlement average? What can you do to maximize your recovery? We’ll answer these questions and more in the post below. If you still have questions, contact the injury attorneys at Abrahamson & Uiterwyk. We are standing by and ready to discuss your case and help you fight for your rights.  Knee Injury Settlements: An Overview The knee is the largest joint in the body and also easily injured. And while knee injuries can occur in nearly any setting, we frequently see clients come in with knee injuries caused by the careless actions of another party in a car accident. In fact, traffic accidents are one of the leading causes of knee joint injuries.  Some of the most common knee injuries include:  Fractures,  Dislocation,  Anterior cruciate ligament (ACL) injuries,  Posterior cruciate ligament (PCL) injuries,  Meniscal tears, and  Tendon tears.  It can take significant amounts of time and money to heal from these types of knee injuries. Thus, knowing how to move forward after your knee injury can be a crucial step to recovering.  If you or a loved one has suffered a knee injury in a car accident or any other type of accident, contact an attorney today. Doing so can be the first step toward getting the compensation you need to recover.  Knee Injury Settlement Average in Florida A question that many people have after a car accident knee injury is, what is the average payout for a knee injury car accident settlement? Of course, this is a natural question to ask when determining whether and how to move forward with a potential case. Unfortunately, however, the answer is more complicated than you might think. But our team is here to help you get the answers you need so that you can get to work on what matters most—recovering from your injuries.  Is There an Average Knee Injury Settlement?  The short answer is no. Unfortunately, there is no “average” knee injury settlement.  Despite legal blogs and advertisements that might indicate otherwise, the fact remains that there is no knee injury settlement “average” that you can rely on with any certainty.    Do Knee Injury Settlement Calculators Work?  Many websites will claim that you can use a knee injury settlement calculator to determine your potential settlement. However, you should not rely on such knee injury settlement calculators.  This is because each case is different and there are many factors to consider. There is simply no way to take all of these factors into account in a way that will provide you with a reliable settlement calculation.  The best thing to do after an accident that results in a knee injury is to contact an attorney. An attorney can evaluate the facts of your case and help you determine what your case might ultimately be worth.  Factors that Affect a Knee Injury Settlements in Florida So what are the factors that a personal injury attorney will take into account to determine your potential settlement? These factors might include:  The extent and severity of your knee injury;  The availability of medical reports and professional diagnosis corroborating your injuries; Expenses incurred in addressing and recovering from your knee injury;  The availability of insurance coverage; and  Whether you had any pre-existing or degenerative knee problems before the accident occurred.  Depending on the combination of factors that exist in your case, your settlement value may vary a great deal from another accident victim’s settlement. Thus, it is important to contact an experienced injury attorney to help you evaluate your case. What Types of Things Can I Recover Compensation For?  The monetary compensation you can receive for your knee injury settlement is known as your legal “damages”. Damages in your knee injury settlement case might include compensation for:  Property damage to your vehicle; Past and future medical expenses; Lost wages; Loss in earning capacity due to your injuries; and Pain and suffering. Knowing what types of damages exist in your case is imperative. If you don’t know what damages you can recover, you risk losing out on valuable compensation you might otherwise be entitled to.  Thus, we strongly encourage you to reach out to an injury attorney who can help you evaluate your case. Doing so can be the key to maximizing your recovery.  Why Is It Important to Hire a Personal Injury Attorney After a Florida Knee Injury? You’ve likely seen advertisements for personal injury law firms and wondered if hiring an attorney can really be that useful. In reality, hiring an attorney truly is one of the best things you can do for yourself and your case.  If you have never been involved in a legal dispute before, it can be difficult knowing where to begin. Even if you have some familiarity with personal injury law and the legal process, the benefits of having an attorney in your corner to fight on your behalf cannot be overstated.  So don’t wait any longer. Contact an attorney today to help you with your knee injury settlement so that you can get the relief you deserve. How We Will Help with Your Case At Abrahamson & Uiterwyk, we have dedicated our practice to helping injury victims in need. If you have suffered a knee injury in a car accident or in any other accident due to the wrongful or negligent actions of another, we want to help.  Our team of experienced attorneys can help you evaluate your case, assess your damages, and negotiate with opposing parties, all in an effort to maximize your recovery. We will fight for your rights every step along the way. ...

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