Valuing Injury Claims

Average Cervical Spine Injury Settlement Amounts in Florida

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that cervical spine injury victims can get in Florida settlement. According to a traffic report published by the Florida Highway Safety and Motor Vehicles, 401,867 car crashes occurred within the state in 2019. The report defines incapacitating injuries as disabling injuries like broken bones, severed limbs, etc., that usually require hospitalization and transport to a medical facility. In most cases, neck injuries suffered in the course of a car accident result in incapacitating injuries.  If you suffered a spine injury in a car accident in Florida, you might be wondering about average cervical spine injury settlement amounts. Every personal injury claim presents a variety of differing circumstances. Our experienced personal injury attorneys at Abrahamson & Uiterwyk will research your claim and negotiate a cervical sprain settlement offer on your behalf. Contact us today so we can help maximize your compensation. Our Recent Cervical Spine Injury Cases At Abrahamson & Uiterwyck, we are fully committed to getting you the most money possible for your spine injury case. We have handled cases like yours for many Florida residents, and we take pride in providing compassionate yet bold representation. Our lawyers know how your accident has upended your life. We understand your pain, and we make it our mission to keep fighting for you until we get you all the money your case is worth.  And when the going gets tough, we do not quit. Insurance companies almost always make lowball offers to injured victims and hope that these victims will take the bait to get money quickly. When they do that, they are attempting to save themselves tens of thousands or even hundreds of thousands of dollars by denying you the compensation that your case deserves. Do not let them get away with it. Hire us today so we can get you great results. Here is one recent example of a client that we fought for until the insurance company paid up. Genevieve Beck Case Example – $300,000 Recovered Anyone with a driver’s license has heard of the dangers of hydroplaning. Hydroplaning happens when hot and oily roadways combine with the torrential downpours that our state is so famous for. When the rain falls and lands on roads they become slick. High water volumes, high speeds, and low tire treads all exacerbate the slickness of the road. When tires move too quickly over rain there is not enough time for the treads to grab the asphalt. Your car is literally lifted a bit off the ground and you start to slide on the water as your tires lose their grip on the road.  So when you travel too fast on a wet road, you can lose contact with the road in a split second. When you lose contact with the road, you lose control of your car and horrible accidents can happen. That is why it is so critical for drivers to slow down on wet Florida roadways when it rains. However, not everyone behaves as they should to protect others and themselves.  This combination of factors led to painful injuries for one of our recent clients, Genevieve Beck. Genevieve was sitting at a left turning lane facing west as the defendant approached her. The defendant was traveling on highway 301 heading north. Rain had made the road wet. As he approached an intersection he began to hydroplane and lost control of his vehicle. The defendant’s car then began to skid in a northeastern direction. It continued to skid, crossing two lanes of an intersecting roadway, jumping a raised median, and broadsiding our client who was sitting in her car waiting to make a left turn. At the scene, police gave the defendant a traffic citation for failing to use due care. The doctors at the emergency room provided Genevieve with her initial treatment immediately following the crash. However, after doctors discharged her from the hospital, Genevieve continued to experience pain in her neck and jaw, as well as her lower back. She followed up her emergency room treatment with visits to her primary care physician who ordered an MRI scan to get a better look at her injuries. The scan revealed a herniated disc at C4-5.  Because this is a very serious cervical spine injury, Genevieve’s doctor referred her to an orthopedic surgeon. This specialist advised our client that she needed surgery to remove the painful disc, and Genevieve agreed to the procedure. So a few months after the crash, she had the surgery done. The defendant’s insurance company in this case attempted to use a few tactics to get away with paying our client far less than what her damages were worth. First, they claimed that the cervical spine injury was not a result of the crash. They claimed that the injury was pre-existing and caused by our client’s age. They refused to admit that the defendant’s negligent driving led to an avoidable crash that caused Genevieve’s injuries and resultant surgery. They made an initial offer of $150,000.00, which we rejected on behalf of our client. Instead of settling for that insulting offer, we hired an expert. Our expert radiologist was able to bolster our claim that Genevieve’s injuries were caused by the defendant’s negligent conduct. The radiologist confirmed that her injuries resulted from the accident and did not previously exist. We followed this up with intense and heated negotiations on Genevieve’s behalf—and we didn’t stop until the insurance company doubled their previous offer and settled the case for $300,000.00.   Cervical Spine Injury from Car Accident – $300,000 Recovered Our client, a 39 year old sales lead generator, was travelling north on Lori Dixon Rd. in Hillsborough County, FL when several cars in front of him stopped abruptly.  Our client managed to stop behind those vehicles, however, a heavy truck behind him was unable to stop in time and collided with the rear of our client’s vehicle. Our client was taken to the emergency room with a cervical spine...

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Average Herniated Disc Injury Settlements with Steroid Injections in Florida

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that herniated disc injury with steroid injections victims can get in Florida settlement. After suffering a herniated disk because of another person’s negligent behavior, you can demand compensation. The insurance settlement or court award may cover your medical bills, out-of-pocket expenses, pain and suffering, and more. Many of our clients wonder whether the treatment they receive for a herniated disk impacts their settlement. The answer is yes. We calculate your past and future medical care costs to determine a fair value for your claim.  To learn more, reach out to Abrahamson & Uiterwyk. We know how to negotiate herniated disc injury settlements with steroid injections in Florida. Our Recent Herniated Disc Cases At Abrahamson & Uiterwyk, we take injury cases very seriously. We know the pain you have suffered, and we know that financial burdens make everything seem overwhelming when you are trying to heal from serious injuries. We pride ourselves on leaving no stone unturned when advocating for our client’s right to financial recovery. After we assess the value of your claim, we don’t stop until we recover what you deserve. While we cannot guarantee the outcome of your claim, here are two recent cases our lawyers handled that we hope will demonstrate our persistence and commitment to our clients.  Herniated Disc Injury with Epidural Steroid Injection—$300,000 Recovered In this recent case, our client, Adelheid Garrison, was driving in Citrus County. As she proceeded northbound on Suncoast Parkway near the intersection of Veteran’s Drive, she slowed her vehicle in preparation for making a right-hand turn. The defendant was following behind her as she slowed her vehicle. But as Adelheid slowed to make the turn, the defendant did not stop or even slow down. Consequently, he struck her car from behind. She was immediately transported to the emergency room where doctors tended to her multiple injuries. Because her pain persisted, she decided to see a chiropractor. Her chiropractor ordered MRI scans of her neck, lower back, and left shoulder. These scans revealed: Rotator cuff tears to two tendons located in her shoulder; and Multiple herniated disc injuries. Adelheid experienced severe pain as a result of these injuries. To address the pain in her neck, her doctor treated her with a cervical epidural steroid injection. To repair the torn tendons in her shoulder, Adelheid underwent two separate surgeries. In this case, we took a two-pronged approach to get our client maximum compensation for her pain and injuries. First, we presented a demand to the defendant’s insurance company. In this demand, we documented Adelheid’s serious injuries as well as the treatments she had undergone in an effort to heal. After receiving this documentation and engaging in negotiations, the defendant’s insurance company became convinced that the defendant was, in fact, liable for her injuries. They eventually agreed to pay out the defendant’s policy limit of $250,000.  But we believed that her case warranted additional compensation, so we did not stop there. Our client had uninsured motorist coverage under her own policy with GEICO, which carried a $50,000 policy limit. However, after presenting her claim to GEICO, they decided that the case was not worth any additional compensation and made a lowball offer of $1,000 to make the case go away. We rejected that offer and threatened to file a lawsuit accusing GEICO of bad faith negotiations. The lawyers at Abrahamson & Uiterwyk stood firm. We gave GEICO a deadline by which they could pay their policy limit amount or face a lawsuit, possible trial, and potentially high jury verdict. The insurer waited out the deadline, but in the end, they recognized their predicament and paid out the policy limit of $50,000.  This provided Adelheid with a total settlement amount of $300,000 for her injuries. Herniated Disc Injury with Epidural Steroid Injection—$530,000 Recovered In another recent case, our client, Christopher Chapman was simply doing his job. He was working in his truck at a construction site on Interstate 75 when a crash occurred. A passing truck was towing a utility trailer while driving down the highway. The police later found that the defendant driver had negligently failed to properly secure his load before heading out. As he drove past the construction site, the trailer dislodged from the truck and went careening into Christopher’s construction vehicle.  Christopher was transported to the emergency room and diagnosed with a lower back fracture as well as herniated disc injuries. Doctors initially attempted to treat him without surgical intervention, but these attempts failed. Christopher had to endure multiple epidural steroid injections and nerve ablation surgery in an effort to recover from his severe injuries. Unfortunately, even this treatment was not enough, and he had to have a lumbar spine fusion several months after the crash. Before filing a lawsuit on Christopher’s behalf, we agreed to submit to voluntary mediation where we negotiated with the defense in the presence of a trained mediator. However, the defense refused to settle on any amount above $400,000. Our lawyers knew that this amount was inadequate and would not make our client whole, so we rejected that offer, and mediation reached an impasse. We continued to persist and pushed the case forward until we convinced the defense to settle the case for an additional $130,000. This provided our client with a grand total of $530,000 in compensation for his injuries.  What Is a Herniated Disk? A herniated disk, also called a slipped, ruptured, or bulging disk, often causes pain, numbness, and in some cases, reduced sensation and mobility. Our spines are a stack of vertebrae. In between the vertebrae are pads, called intervertebral disks. Each disk has a tough outer layer, the annulus, and a gel-like center, the nucleus pulposus. A herniated disk occurs when some or all of the soft center is forced through the tough outer ring. This can cause pain, discomfort, and other consequences if the bulging disk presses on nerves. What Causes Herniated Disks? Herniated disks are common, and...

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What Is the Average Labral Tear Shoulder Settlement in Florida?

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that labral tear shoulder victims can get in Florida settlement. Many accident victims want to know what their torn labrum car accident settlement is worth right away. But it takes time and research to figure that out. The truth is, there’s no “average amount” for a labral tear shoulder settlement. Every injury claim is different, and a fair value depends on a victim’s medical bills, pain and suffering, future expenses, and more. To calculate the value of your claim as accurately as possible, work with a Florida personal injury attorney at Abrahamson & Uiterwyk. We have years of experience pursuing compensation for our clients.  Contact us online or call 866-985-0967 to schedule a free consultation. What Is a Shoulder Labrum Tear? The labrum is a piece of cartilage attached to the shoulder socket that helps keep the ball joint in place. The cartilage surrounds the glenoid, the cavity in the shoulder blade, to offer protection and stability. You can tear this cartilage, injuring your shoulder. Common causes of labral tears in the shoulder are traumatic events, like car crashes, falls, sports, repetitive motion, shoulder dislocation, and aging. What Are the Types of Shoulder Labrum Tears? Not all shoulder labral tears are the same—they vary by location and severity. Bankart tears happen in the lower part of the glenoid socket. These are common when someone dislocates their shoulder. Superior labrum, anterior to posterior (SLAP) tears run from the front to the back of the cartilage in the middle of the glenoid. These tears are most common for athletes. Posterior shoulder instability is a tear in the back of the glenoid socket and is the least common. Labron tears can involve the labrum completely tearing away from the bone. Others may experience a tear in the cartilage itself. Another type of labrum tear happens where the bicep tendon attaches to it. What Are the Symptoms of Shoulder Labral Tears? If you tear the labrum in your shoulder, you may experience: Pain; Decreased range of motion; Weakness in your shoulder; Feeling like your shoulder isn’t stable; A popping sound when you move your shoulder; A grinding sensation when you move your shoulder; or Your shoulder locking up. Everyone’s symptoms and pain levels are unique. They’ll also vary if you experienced other shoulder injuries at the same time. It’s essential that you see a doctor after an accident and describe all of your symptoms. If the pain or other symptoms in your shoulder get worse, return to your doctor. How Do Doctors Diagnose & Treat Shoulder Labral Tears? Your doctor will assess your pain level and your shoulder’s range of motion and stability. They may order an X-ray, CT Scan, and/or MRI. In some cases, a doctor will perform an arthroscopy, where a small camera is inserted into your shoulder. This method is the most reliable way to diagnose a shoulder labral tear. Some labrum tears require rest and pain management. However, complete tears require surgery to reattach the labrum to the shoulder socket and physical rehabilitation. Can I Receive a Settlement for a Labral Tear in the Shoulder? You may be interested in obtaining a settlement after suffering a torn labrum in an accident. If you can prove someone else was at fault, then you may receive compensation. That may sound simple, but the insurance and legal processes can be challenging. With the help of an experienced lawyer, your financial recovery should cover the value of your physical, emotional, and financial damages.  How Much Is My Labrum Injury Worth? Several factors impact the potential value of your settlement, including: Initial medical bills: These can depend on the procedures needed to diagnose your labral tear injury and whether you require surgery. Future medical bills: More severe shoulder labral tears require physical therapy to improve range of motion and strength. Lost wages: You may have taken time away from work for your medical care and recovery. Pain and suffering: You likely experienced pain, discomfort, and inconveniences during the accident and your recovery period. Our personal injury lawyers carefully document your injuries and calculate the maximum possible value for your claim.  We Want to Help You Recover Compensation Talk with us about pursuing a labral tear injury settlement if someone else’s negligence caused you harm. By working with a personal injury lawyer from Abrahamson & Uiterwyk, you have someone fighting for you every step of the way. Contact us online or call 866-985-0967 to schedule a free consultation. We have offices near you in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, and Lakeland.

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Average Lower Back Injury Settlement Amount in Florida

Jul 6, 2021 | 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. 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 Injury Settlement Lower Back Injury; Fault established and compensation recovered This unfortunate accident occurred in a hallway of a hospital in St. Petersburg, FL.  The hospital had allowed water to accumulate on the floor of the hallway creating a dangerous slipping hazard.  Our client, a 34 year old self-employed hairstylist, was walking from the parking garage to the hospital when she encountered the spilled water.  When she unknowingly stepped into water, she slipped and fell backward landing on her left side. It was immediately obvious that our client had sustained an injury to her lower back, and she sought treatment at the emergency room.  It was determined that she had suffered a lumbar spine injury, and she was referred for treatment.  When she followed up, her doctor ordered an MRI scan of her back which revealed several herniated discs.  An orthopedic surgeon later recommended injection therapy, however, our client opted to continue with conservative therapy. The insurer for the hospital argued that they had no notice of the condition before the accident.  The law actually requires the injured party to show that the defendant either knew or should have known of the condition before the accident occurred.  This law makes slip and fall accidents challenging to prove.  There is one exception to the rule where an employee of the defendant actually creates the dangerous condition.  In this case, our client stated that a nurse who worked at the hospital had spilled a bottle of water prior to our client’s fall and it had not been cleaned up.   Through persistent negotiations, we were able to establish that the water on the floor was an employee created condition and that the hospital was therefore on actual notice of the spill before our client fell.  Eventually, the company paid an amount that was sufficient to pay our client’s medical bills, lost wages, and pain and suffering damages.  Our client was pleased with our representation and the ultimate result.  We have represented victims of slip of fall accidents for over 30 years and hold businesses accountable when their carelessness causes injury to their customers and invitees. Lumbar Spine Injury, $200,000 recovered Our client, a 57 year old electronics salesman, was travelling 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.  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...

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What’s the Average Post-Concussion Syndrome Car Accident Settlement in Florida?

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain what is post-concussion syndrome and what affects post-concussion syndrome settlements. Car crashes can cause all sorts of harm, including traumatic brain injury (TBI). At Abrahamson & Uiterwyk, we often work with individuals suffering from collision-related head and brain injuries. We know your recovery doesn’t always progress as expected. Instead of seeing improvement over time, your symptoms may persist or even get worse. If you do suffer a concussion or more severe TBI, we typically won’t rush into a settlement agreement. It takes time to diagnose post-concussion syndrome after a car accident, and this condition may impact the value of your settlement. We’re here to guide you through the auto insurance claim process, and when it’s time, request that you receive a fair post-concussion syndrome car accident settlement. Give us a call at 866-504-2029, or contact us online to set up a free consultation at one of our offices in  Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland. Recent Post-Concussion Case Results Recovery of compensation for 15 yr old with Post-concussion syndrome Our client, a delightful 15 year old boy, was traveling with his stepfather when they stopped for traffic on Little Road in Pasco County, FL.  The defendant, who was travelling behind them, failed to stop in time and caused a rear end collision injuring both our client and his stepfather. Prior to the accident, our client was diagnosed with a brain abnormality and a form of autism.  He also experienced headaches and other related symptoms before the accident.  After the wreck, he began to suffer with increased headaches.   He and his family also started to notice symptoms such as short-term memory loss, difficulty concentrating and dizziness.  These symptoms are the hallmarks of a post-concussion syndrome.  He was diagnosed by three physicians with a concussion. We presented a comprehensive demand to the insurance company, however, they dismissed the claim of post-concussion syndrome instead blaming the problems on our client’s pre-existing conditions.  This defense presented challenges since our client undoubtedly had a number of the symptoms before the accident.  Additionally, post-concussion injuries are very difficult to prove. They are not always obvious and there is not always clear diagnostic testing to identify the injury.   We argued forcefully that the accident had permanently aggravated our client’s condition.  We had our client examined by a board-certified neurosurgeon who confirmed the diagnosis.  Eventually, after a long period of negotiation and a mediation settlement conference with the other side, we were able to convince the insurance company to pay a substantial sum that would provide our client with much needed compensation.  Our client and his family were very happy with the result in this case. Sarasota Post-Concussion Syndrome; $300,000 recovered Our client, a delightful 39 year old lady, was traveling on US 41 near the intersection of McIntosh Road in Sarasota, Florida, when the defendant failed to stop and caused a rear end collision.  The defendant later tried to blame rainy weather for the accident. Our client began medical treatment shortly after the accident with a chiropractor.  She also began to experience symptoms such as headaches, dizziness, anxiety and traumatic stress, all indications of a post-concussion syndrome.  She has lately evaluated by a neurologist and a psychiatrist who found that she indeed suffered a closed head brain injury.  Our firm also had her evaluated by a Ph.D neuropsychologist who found that she had sustained post-concussion syndrome. Eventually we were successful in convincing the insurance company to pay their entire insurance policy limits of $300,000.00. We did so by demonstrating to them that their insured was at fault and by providing medical substantiation of the post-concussion syndrome injury. Our client was extremely pleased with the result. Our firm has considerable experience and a long history of representing victims with post-concussion syndrome and closed head injuries. Give us a call at 866-504-2029, or contact us online to set up a free consultation at one of our offices in  Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland. Post-Concussion Syndrome After a Car Accident A concussion is a mild TBI, which typically happens when you suffer a blow to the head. For instance, a falling object may strike you in the head, or you may hit your head on the dashboard or window during a car crash. Despite being a serious injury, most people recover fully from a concussion within three months. Unfortunately, that isn’t the case for everyone. Post-concussion syndrome, also called persistent post-concussive symptoms, is when you suffer a concussion, and the symptoms last beyond the typical recovery period. These symptoms may include: Headaches; Fatigue; Insomnia; Dizziness; Irritability Anxiety; Concentration and memory issues; Blurry vision; Ringing in the ears; Sensitivity to light and noise; and In rare cases, loss of taste and smell. These symptoms are not mild. They can make it impossible to think clearly or concentrate on your work. They can make it impossible to spend time with friends or participate in sports. After sustaining such an injury, many people feel confined and depressed at the loss of their happy, active lifestyle. Doctors aren’t entirely sure why some people suffer from post-concussion syndrome and others do not. It may be because of structural damage to the brain or disruption to the nerves caused by the TBI. Others believe the persistent symptoms are psychological because they are similar to individuals suffering from depression, anxiety, and PTSD. Whatever the cause of this condition, the symptoms and their impact on your life are very real. Always See a Doctor Many car accident victims don’t know they’ve suffered a concussion at first. That’s why it’s essential that you see a doctor after a car crash and describe everything that happened and your symptoms. Tell the doctor if you lost consciousness after the collision, although you can have a mild TBI without ever blacking out. If your doctor diagnosed you with a concussion, but your symptoms have become worse,make a second appointment to see your doctor. Keep track of...

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Average Wrongful Death Medical Malpractice Settlements in Florida

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that families of deceased accident victims can recover in a Florida wrongful death medical malpractice settlement. When a loved one passes away due to medical malpractice, surviving family members could have the legal right to bring a claim against the responsible parties. Understandably, prospective clients want to know the average compensation for wrongful death medical malpractice settlements. Unfortunately, there is no average settlement amount for wrongful death medical malpractice. Every case is different, and therefore, each settlement or jury award will differ. At Abrahamson & Uiterwyk, we have decades of experience with Florida medical malpractice and wrongful death cases. We can review the facts of your case and advise you on what the potential settlement value is. Contact us today to schedule a consultation at one of our offices in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland. Factors that Impact Florida Medical Malpractice Wrongful Death Settlements As we mentioned, every wrongful death case is different, and the value will vary based on the individual circumstances of your case. It’s essential to understand what factors impact a medical malpractice wrongful death case. Some of these factors include: Funeral and burial expenses; Medical expenses if paid by a survivor; Age and health of the victim and how long their life expectancy was; Who is at fault; The circumstances of the case; Financial support surviving family members would’ve received from the deceased; and Whether the deceased left behind dependents.   No two cases settle for the exact amount, even if they have similar facts. Your potential settlement also depends on the skill of your legal team. You need an experienced medical malpractice attorney in Florida who has the skills and resources available to pursue a medical malpractice claim, which may require going to trial. Hospitals and doctors will vigorously fight these cases to avoid paying out and risking damage to their reputations. While many cases resolve out of court, we must be prepared for the possibility that your case may be the one that goes to trial. If you don’t retain a law firm from the start that has the resources to handle your case through trial, you will need to find a new firm that does. That means your new firm will need time to get up to speed on your case. The longer it is, the greater the chance is that evidence may be lost or harder to obtain. Who Can Present a Wrongful Death Claim in Florida? In Florida, a personal representative of the estate must file a wrongful death claim. They will be responsible for collecting compensation on behalf of eligible family members. Florida has specifically designated who is qualified to collect damages in a medical malpractice wrongful death claim. Family members are: The spouse; Children who are 25 years old or younger; Adult children who are dependent on the deceased for financial support; and Parents, if their child was 25 years old or younger. Unfortunately, if a family member falls into any other category than these four, there is no viable claim under Florida’s medical malpractice wrongful death law. Many people are shocked to find out they don’t have a right to recovery in a wrongful death case if it involves medical malpractice due to Florida’s narrow definition of qualified survivors.  Why Hire a Florida Wrongful Death Medical Malpractice Attorney? Wrongful death claims are complicated to resolve, but they are even more complex when they involve medical malpractice. You don’t want to go up against the hospital, medical facilities, doctors, etc., on your own. They have skilled legal teams working for them that will do whatever is necessary to keep from paying out any compensation. When you retain Abrahamson & Uiterwyk to represent you, we will review your circumstances to determine whether you have a claim for wrongful death involving medical malpractice. If you do, we will immediately commence an independent investigation to preserve all available evidence. In addition, we will request medical records and reports on your family member’s treatment.  In some cases, it may be necessary to retain industry experts. We might need another doctor in the same medical field who can review the case and testify as to whether they believe the defendants were medically negligent. We may need specialists who can quantify your family’s financial losses and the future support you are losing now that your family member has passed away. Given the complex nature of Florida’s laws surrounding wrongful death claims when medical malpractice is involved, you need an attorney who understands the nuances of the rules. We know how frustrating it can be to find out that no surviving family members qualify to bring a claim. Let us review the facts of your case and advise you who has the legal standing to bring a wrongful death claim. Let us put our decades of experience to work for you and help your family hold the medical professionals responsible for your family member’s death accountable. Please schedule a consultation today at our Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland offices to learn more about how we can assist you.

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Average Dog Bite Settlement Amounts in Florida

Jul 6, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that dog bite victims can get in Florida settlement. Being bitten by a dog is a traumatic experience, no matter how minor the bite is. If you are bringing a claim against the dog owner, you may be wondering what your possible compensation might be. Unfortunately, there is no standard range of Florida dog bite settlement amounts. Every case is different and evaluated individually. Even dog bites with similar circumstances won’t settle for the same amount. To learn more about what your case is worth, speak with an experienced Florida dog bite attorney at Abrahamson & Uiterwyk. Our dedicated legal team has decades of experience representing injured Florida clients just like you for all their personal injury needs, including dog bites. These cases can be complicated to pursue, which is why you need a knowledgeable attorney representing you. Contact us today to schedule an initial consultation in our Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland office. Recent Dog Bite Case Our client, an 88-year-old grandmother enjoying her retirement in the Sunshine State, was walking her small dog on the sidewalk in her apartment complex when a large pit-bull leapt through the open window of a neighboring apartment and charged her.  The pit-bull immediately attacked the client’s dog, and when our client attempted to pick her dog up, the pit-bull turned its attention to her.  The pit-bull bit our client on the leg several times which resulted in several large gashes and a complex fracture of her leg.  The brutal attack was only stopped after witnesses rushed to our client’s aid. Following the attack, our client was rushed to the hospital by ambulance where emergency surgery was performed to clean and close her open wounds and to set her fractured leg.  Our client then spent two days in the hospital to receive intravenous before being discharged to the care of an orthopedic doctor.  The orthopedic doctor prescribed home healthcare for physical therapy and wound care.  The bite marks from the attack left permanent disfiguring scarring and our client was forced to walk with a cane.   Our law firm pursued the insurance company for the owner of the pit-bull.  We were able to convince them to pay their entire policy limits of $100,000.  In an effort to get more compensation for our client, we explored responsibility for the dog bite from the apartment complex.  It was our position that the apartment complex had allowed a dangerous dog to reside on their property even though there had been prior complaints about the pit-bull’s aggressive behavior.  The apartment complex denied liability for the attack and our firm promptly instigated a lawsuit against the apartment complex, which is still ongoing at this time.   Liability for Dog Bites in Florida Dog owners can be held liable in both civil and criminal court when their dog attacks someone. Florida is what’s known as a “strict liability” state. That means that the law holds dog owners liable when their dog bites someone, even if the owner was not aware their dog is aggressive. Under strict liability, victims do not have to prove a dog owner’s negligence caused their injuries. What you need to show is that the dog bit you in either a public space or private property you were lawfully on. In the event your injuries occurred differently, there is still a chance you could hold the dog owner liable. However, you would need to show the dog owner acted negligently or did not use reasonable care. Florida’s Dangerous Dog Statute Dog bite laws in Florida include a dangerous dog statute. Under the law, if a dog is declared dangerous, the owner must abide by specific rules and take certain precautions to protect others from the dangerous dog. Failure to adhere to these rules could result in criminal charges against the owner for any injuries their dog causes. Here are some of the rules owners of dangerous dogs must follow: The owner must register the dog with local authorities; The owner must keep the dog in an enclosed and secure location; and The owner must always ensure the dog has a harness and muzzle anytime it leaves the secure location. A dog is declared dangerous if it’s previously bitten or aggressively attacked someone causing injury. Even if it was only an attempted attack, the dog could be declared dangerous. Any dog that has aggressively approached or chased someone could also be declared dangerous. Dogs that have seriously injured or killed other animals multiple times also fall under the category of dangerous dogs. If a dangerous dog caused your injuries, let Abrahamson & Uiterwyk help you get the compensation you deserve. Defenses to Dog Bite Liability Dog owners have several defenses available that could reduce or even eliminate their liability altogether. Possible defenses include: The plaintiff provoked the dog; The plaintiff was not on the property lawfully; or The dog perceived a threat and was protecting its owner or someone else in the area. In the case of a dangerous dog, the owner might not be liable if they had proper precautions in place, including warning signs. However, don’t assume that the dog owner isn’t responsible based on these possible defenses without speaking with a Florida dog bite attorney first. Potential Compensation in a Florida Dog Bite Case Depending on the circumstances of your case, you could be eligible to collect monetary damages for: Medical expenses to date; Future medical expenses including cosmetic surgery and scar revision surgery; Lost wages; Future loss of earning capacity; Physical pain and suffering; and Emotional distress.    To maximize your potential dog attack lawsuit settlement amount, you need an attorney who has ample experience with these claims. The amount of your compensation is often directly linked with the skill of your attorney. The Florida dog bite attorneys at Abrahamson & Uiterwyk have years of experience litigating these types of claims. We will work tirelessly to fight for the...

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Broken Ribs from a Car Accident: Settlement Amounts and FAQs

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

Numerous types of injuries can occur in a car accident, including broken ribs. Suffering trauma to the chest region increases the likelihood that you might sustain fractured ribs. If you or someone you love was injured due to another driver’s negligence, you might be wondering what to do after a car accident. A broken ribs settlement is possible, but you may need an experienced Tampa auto accident attorney on your side who can help you fight for the compensation you deserve. How to Know If Your Rib(s) Are Broken? To properly determine whether your ribs are broken, you need to seek immediate medical treatment. Broken ribs can be dangerous as they could damage other organs, such as puncturing a lung. When you have a broken rib, you cannot take deep breaths easily. In fact, it’s usually very painful to breathe deeply. Some of the most notable symptoms with a broken rib include: Tightness in your chest; Pain and tenderness in the general area, especially if you touch it; Bruising and swelling in the area of fracture; Pain when you twist or bend your body; Internal bleeding; and Pain when you cough. Doctors can usually diagnose a fractured rib by doing an x-ray. Not all fractures will show up though, so it’s important to communicate your symptoms to your doctor. They may need to order CT scans or other diagnostic tests to confirm whether you have a broken rib. Is There an Average Settlement Amount in Florida? Understandably, car accident victims want to know what they might receive in compensation after an accident. However, there is no average settlement amount for broken ribs or any other types of injuries. Every client’s case is evaluated based on its circumstances and associated factors. What Factors Most Impact Florida Settlements? Several elements can play a crucial role in the possible settlement you might receive. Factors that can most impact your settlement include: The severity of the car accident and your injuries; The types of treatment you received and how long you needed to treat; The amount of time you missed from work and whether you can return to work; and Whether there’s any future treatment required. If you develop complications from broken ribs, your settlement amount might be higher. One possible complication includes pneumonia. Pneumonia is a risk because victims cannot breathe deeply due to severe pain. Some other cases may also require surgery if your rib cage detaches from the chest wall or a rib punctures an organ. Will I Need to Go to Court? If your case doesn’t resolve during the negotiations phase, you may need to go to court at some point. We will file a lawsuit on your behalf and start preparing your case for trial if the other party is not willing to engage in meaningful settlement negotiations. There may be hearings, a deposition, arbitration, mediation, etc. If your case still does not resolve, you will need to be present in court for the trial. Will a Lawyer Help Me Get a Favorable Settlement? There is no guarantee that you will get a favorable settlement, but an experienced attorney can usually help you get a higher settlement amount than you would if you pursued a claim independently. At Abrahamson & Uiterwyk, our experienced Tampa & Pinellas Park car accident attorneys have helped over 20,000 injured victims to date fight for the compensation they deserve. We’ve collected over $300,000,000 on behalf of our clients. If you suffered broken ribs or other injuries in a Florida car accident, let us help. Contact Abrahamson & Uiterwyk today to schedule an initial consultation. Get Your Accident Questions Answered Prospective clients typically have numerous questions about the general claims process and how a personal injury claim works. We’ve compiled answers to some of the most common questions we receive to help you prepare for your upcoming consultation with our office. What Types of Compensation Can I Receive in Florida? Depending on the specifics of your accident, you might be eligible to receive compensation for your medical expenses to date, time off work, property damage, future medical expenses, pain and suffering, and more. Can I Get a Settlement If I’m at Fault for the Accident? Florida follows the legal theory of pure comparative negligence. That means you can potentially collect a portion of your damages, even if you are primarily at fault for the accident. For example, if you are deemed 20% at fault, you could collect up to 80% of your damages. If you are 60% at fault, you could receive up to 40% of your damages.

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Average Truck Accident Settlement in Florida

Jun 26, 2021 | 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. At Abrahamson & Uiterwyk, we have years of experience handling truck accident cases, and have settled numerous cases for clients involved in these accidents. We’ve helped our Florida clients get substantial compensation from 18-wheeler accident settlements. We can help you make sense of this uncertain time and get the financial recovery you truly deserve. We invite you to contact us anytime for a free consultation about your case. TOPICS COVERED HERE Florida 18-Wheeler Truck Accident Settlements Is There an Average Settlement Amount for Truck Accidents? Example Truck Accident Settlements That Our Law Firm Has Achieved Case Study: Florida Truck Accident Settlement Example Who Can Be Liable for Damages in Truck Accident Cases? What Factors Most Impact How Much My Truck Accident Settlement is Worth? Commercial Truck Accident Settlements Are Often Large Due to the Serious Nature of These Accidents Why Is It Critical for Truck Accident Victims to Hire a Lawyer? Contact an Experienced Truck Accident Attorney to Assist in Your Claim Is There an Average Settlement Amount for Truck Accidents? The facts and circumstances of each truck accident are vastly different, which makes it impossible to point to an average settlement amount for truck accidents. Semi-truck accident settlements can be all over the map. It is difficult to predict how commercial truck accident settlements will go. What you receive in your truck accident case will be dependent on many different factors. The important thing is to hire an experienced attorney who understands how to craft your case, so you get the maximum amount possible. Return to top ↑ Example Truck Accident Settlements That Our Law Firm Has Achieved Abrahamson & Uiterwyk has fought hard on behalf of truck accident victims to get our clients everything they deserve. We obtained a recovery of $5,000,000 for one of our clients who was severely injured when a truck hit her on the highway. We also obtained a $2,500,000 recovery for another client who was rear-ended by a truck, sustaining severe injuries. Return to top ↑ Case Study: Florida Truck Accident Settlement Example $530,000 Settlement / Truck Accident / Sumter County, Florida On October 17, 2017, our client was working in a construction area on Interstate 75 in Sumter County, Florida when a utility trailer being towed by a passing truck became dislodged from the truck and careened into a truck that our client was working in. The defendant was cited by the police for careless driving in that he negligently failed to secure his load. Our client suffering immediate and severe injuries was transported to the emergency room where he was diagnosed with a fracture to his lower back. An MRI of his back revealed several disc injuries, as well. After conservative treatment failed, he underwent nerve ablation surgery followed by a lumbar spine fusion several months after his accident. The parties to the case agreed to submit to a voluntary mediation before the filing of a lawsuit. With the assistance of a trained mediator, the parties negotiated. However, the defense was unwilling to come above $400,000.00. After mediation impassed, our law firm continued to push the case forward and were eventually able to convince the defense to pay an additional $130,000.00, and the case settled for $530,000.00. Abrahamson & Uiterwyk has the experience to understand your case thoroughly and get you what you deserve. You can read more on our case results page. Please note that any potential recovery depends upon the facts of your specific case and that past results do not guarantee a similar outcome in your case. Return to top ↑ Who Can Be Liable for Damages in Truck Accident Cases? If you were injured in a truck accident, you might be wondering who can be liable. Unlike motor vehicle accidents, where it is usually just two drivers on the road, there can be multiple parties liable in a truck accident. Semi-truck accident settlements can involve many different parties. Truck drivers Generally, the first party most people think of for legal liability is the truck driver. If the case goes to trial, the court will examine the circumstances surrounding the accident. In other words, just because a truck driver and a motor vehicle driver got into an accident doesn’t mean the truck driver is automatically responsible in the eyes of the law. If the truck driver was driving under the influence, or fell asleep, or was driving dangerously, they can be liable. These are common causes of truck accidents. Often, truck drivers are exhausted and overworked. They may also fail to check for other cars. In some cases, the companies that hire truck drivers do not properly train them, making them a danger on the road. These are all circumstances that can lead to plaintiffs receiving compensation through commercial truck accident settlements. Truck companies The truck driver’s employer may also be legally liable. For example, as noted above, drivers may be improperly trained or overworked. In those cases, the victim may go after the truck company, as well. The truck company is also responsible for ensuring that their drivers follow all the rules and regulations required of truckers. If a truck has too much cargo, or the driver didn’t properly inspect the truck’s equipment, this could legally come back on the trucking company. Semi-truck accident settlements often involve the truck companies, along with the drivers. Loading companies In...

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Average Settlement for Pedestrian Hit By Car in Florida

Jun 24, 2021 | Category: Valuing Injury Claims | By Erik Abrahamson

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

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