Clearwater Car Accident Experts & Personal Injury Lawyers

How a Clearwater Personal Injury Attorney Can Help With Your Case

Are you considering speaking with a Clearwater injury attorney? We offer a free telephonic injury case evaluation. And you can hire us via text, email, or in-person. If you’ve suffered a personal injury, consulting with a Clearwater injury lawyer is the best way to protect your interests, your future, and to get you the compensation that you deserve. Whether you’re seeking assistance from a Clearwater car accident attorney, Clearwater motorcycle accident lawyer, or another type of injury, we are here to help you!

• We’ve practiced in Clearwater for over 30 years. The sad truth is that there are more than a few personal injury law firms that pretend to be located in Clearwater, when in reality they aren’t. At Abrahamson & Uiterwyk our roots run deep. We’re proud to have helped generations of injured folks in Clearwater get their life back on track.
• It costs you $0 up-front to retain our legal services. Like some personal injury lawyers in Clearwater, we do not require an up-front fee. Rather, we work on a contingency fee basis. This means that our fee is determined by how much money we recover for you, not how much time we spend on your case. We collect our fees after we’ve finished the job, not up-front.
• We have earned a reputation for professional excellence. Whether it’s our A+ Rating with the BBB, our “Best Law Firm” rating by U.S. News and World Report, our “AV Preeminent” Rating with Martindale-Hubbell, or hundreds of positive of Google reviews, we have earned a reputation for professional excellence in the area of personal injury law.

With over 30 years of experience, our Florida personal injury law firm has represented over 20,000 personal injury victims and we have recovered over $800 million dollars in financial compensation for our injured clients. See some of our million dollar personal injury settlement examples. If you’ve been injured, we invite you to contact our firm today for a free and immediate case evaluation.

If you’re not ready to speak with a Clearwater injury lawyer in your area just yet, no problem. Keep reading this page for information that will help you understand the next steps you ought to take, and how we can help you in the aftermath of a personal injury.

Hiring our experienced and resourceful Clearwater injury attorneys can make all the difference in the amount of compensation injured victims in Clearwater or Pinellas County, Florida receive after a personal injury. All too often, we see firsthand how insurance companies use various tactics to take advantage of unrepresented injured victims who do not know their rights and the complexities of the law. Our highly experienced Clearwater injury attorneys at Abrahamson & Uiterwyk will strategically and aggressively fight through extensive legal negotiation and potential litigation to obtain our clients’ fair and just compensation. Choosing our law firm means you benefit from our deep understanding of Clearwater injury case negotiations, giving you a significant advantage in securing fair compensation. The chart illustrates the insurance company’s initial offer, as well as the ultimate case result that we obtained.

We focus our practice exclusively on the areas of personal injury and wrongful death representation. By limiting our practice to these areas, we are able to focus 100 percent of our efforts on finding new and better ways to seek maximum compensation for our injured clients. We have been handling personal injury claims in Florida for over 30 years. Below, we’ve listed the most common personal injury cases that we see in Clearwater:

Car Accidents

The overwhelming majority of the cases that we handle – close to 80% – involve some sort of automobile collision. This is because getting behind the wheel of a car is the most dangerous thing that people do on a regular basis. At Abrahamson & Uiterwyk, we help car crash victims in Clearwater seek to maximize their financial recoveries. With a team of more than 10 attorneys and 40 professional staff members, we provide full-service representation focused on seeking to recover the compensation to which our clients are legally entitled. We will be with you every step of the way; and, whether your case settles or goes to trial, you can rest assured knowing that you have decades of experience on your side. Our Clearwater car accident lawyers will ensure you get the care and coverage you are owed. Learn more about our Clearwater car accident lawyers here.

Motorcycle Accidents

When you’re hurt in a motorcycle collision, it can be hard to know where to begin. Physical injuries, emotional devastation, and an inability to work can all wreak havoc on your life and your family’s security. You may wonder if there’s any way to seek compensation for your losses. Fortunately, in many cases, the answer is yes. Florida laws are meant to fairly and fully compensate motorcycle collision victims for a variety of losses. In certain cases, you’re able to bring a lawsuit against another driver or other responsible party. You may be able to seek compensation for things like pain and suffering and loss of enjoyment of life as well as for medical bills and lost wages.

When other drivers aren’t responsible on the road, the Clearwater motorcycle collision lawyers at Abrahamson & Uiterwyk are ready to help. Our team of specifically trained and experienced attorneys dedicate themselves to helping injured riders fight for justice. We work tirelessly to help you pursue your case in the strongest ways possible under Florida law. Learn more about our Clearwater motorcycle accident lawyers.

Commercial Truck Accidents

Semi-trucks are one of the road’s most dangerous means of transportation. Weighing as much as 80,000 pounds, these massive pieces of motorized machinery can be over 20 times the weight of your car. Such dangerous vehicles call for extreme precaution, yet too often, trucking companies are more concerned with their bottom line than the safety of those on the road. Overworked, impossible demand and mile-based pay all contribute to the nearly 275,000 large truck collisions that occur every single year in the United States. If you’ve been the victim of such a wreck, you are probably wondering where to turn. Perhaps you’ve been offered an insurance settlement that doesn’t even come close to covering your medical expenses. If so, we can help. Learn more about our Clearwater truck accident lawyers and how we can help you.

Slips and Falls

As a visitor on another’s property, you are vulnerable. Neglected maintenance, hazards. or obstacles could result in a serious injury. While it is the owner’s responsibility to protect you on his or her property, unfortunately, this does not always happen. If you’ve sustained an injury due to a slip & fall, picking up the pieces can be difficult. But don’t be worried. You aren’t alone. Our experienced Clearwater slip and fall lawyers have walked this road with thousands of individuals just like you. Learn more about our Clearwater slip and fall accident lawyers and how they can help you.

Bicycle Accidents

Bicyclists don’t stand a chance in on-road collisions. Whether it’s from the threat of a car or a commercial truck, you are extremely vulnerable when you’re on your bike. If you’ve been injured in a bicycle collision, don’t leave your fate in the hands of an insurance company, even your own insurance company. These companies are often committed to minimizing your claim payout. They’re not primarily interested in helping you. Our Clearwater bicycle accident lawyers will ensure you’re properly cared for and compensated for your bicycle accident injuries.

Dog Bites

We’d like to think that dogs are man’s best friend, but the truth is that serious dog attacks happen regularly. Those attacks can leave terrible scarring both physically and emotionally, and it can be hard to know where to turn in the aftermath of an attack. If you’ve been injured in a dog attack, the Clearwater dog bite lawyers at Abrahamson & Uiterwyk can help you get the compensation you deserve so that you can focus on your recovery and get back to your life. Learn more about Florida dog bite law.

Pedestrian Accidents

Hit by a car? You’re not alone. On average, over 400 pedestrian and motor vehicle incidents take place every year in Pinellas County, part of over 7,750 pedestrian crashes statewide. For the victims of these incidents, there can be years of rehabilitation, pain, and suffering to go through, as well as dozens of doctors’ visits, surgeries, and tests. The emotional, physical, and financial toll can be extreme. The last thing you want to worry about is finding sound legal advice. Fortunately, the Clearwater pedestrian injury lawyers of Abrahamson & Uiterwyk are here to guide you every step of the way. Learn more about our pedestrian accident attorneys.

Wrongful Death

Wrongful death is a legal term used to describe a situation in which someone dies due to the wrongful or negligent actions of another. Specifically, Florida law provides a right of action where a person’s “wrongful act, negligence, default, or breach of contract or warranty” causes the death of another. Learn more about our Clearwater wrongful death lawyers.

Nursing Home Abuse

If you or a loved one has been neglected or abused by a nursing home, learn more about our Clearwater nursing home abuse lawyers.

If you or a loved one has been injured in a car accident in Clearwater or the surrounding area, you might be wondering what to do next.

Dealing with the aftermath of a car accident can be a stressful and time-consuming process.

Fortunately, however, hiring an experienced Clearwater car accident attorney can often make this process feel more manageable. So how do you go about finding the right car accident law firm for you?

Finding the right car accident attorney can be difficult, especially when there are so many firms out there that are competing to take on your case.

Here are some reasons why we believe we are the right choice:

• We have been helping clients throughout Florida for over 30 years;
• We have collected over $800 million in compensation for deserving clients;
• We have received thousands of positive reviews from past clients;
• You will not pay a dime, meaning no fees or costs, for our services unless and until we win; and
• We have extensive trial experience that will allow us to take your case to trial if necessary.

The Clearwater car accident lawyers at Abrahamson & Uiterwyk want to help you with your case and fight to get you the compensation you need to recover.

But if you’re not quite ready to take that step, we understand. In the meantime, let us tell you generally how a Clearwater auto accident attorney near you can help you with your case.

In the period immediately following a personal injury from an auto accident, it’s important that you take the correct steps, and avoid doing anything that might harm your claim to compensation.

Let’s start with what not to do:

• DON’T make any statements that could potentially be used against you. In particular, avoiding saying anything to anyone which indicates fault in a car accident or other accident. Even statements as casual as “sorry about that” or “my bad” can be used to diminish your claim.

• DON’T agree to give a recorded statement to the insurance adjuster. It sounds cynical, but the plain fact is that the insurance company is not your friend. They want to pay you as little as possible. Do not give a recorded statement until speaking with an experienced Clearwater injury lawyer near you.

Here are the steps that you do want to take after a Clearwater car accident:

• Attend to any injuries. Your first concern is your physical safety and well-being. If you are able, call an ambulance and ask to be taken to the emergency room if necessary. It’s important to seek medical attention because many injuries like whiplash do not necessarily appear right away.
• Call the police. It’s always a good idea to have the police at the scene immediately after a bad traffic collision so that they can prepare an accurate report. Once the report is filed, here’s how to get your Clearwater police report. If it wasn’t, here’s how to file a police report in Clearwater.
• Get the other driver’s registration and insurance information. Make sure you carefully document the name, phone number, address, drivers’ license number, license plate numbers, and similar information from the other driver (or drivers) involved.
• Gather the names and contact information of any witnesses. Any bystanders who saw the collision firsthand may play an important part in insurance claims or litigation.
• Snap pictures of your car and the scene of the accident. If you feel up to it, taking photos of your injuries – or having someone else do so for you – can serve as evidence in a lawsuit. They can also serve as a basis for what your insurance pays if you file a claim. Note any road hazards or damage that may have contributed to the accident – this article examines how road hazard accident liability can be complicated.
• Tell your insurance company about the accident. Be prompt in notifying your insurance company, as any delays can also mean delays in your compensation you might be able to receive.
• Call an experienced car wreck attorney. Talk to a lawyer who focuses only on personal injury cases. Your injury claim may be worth far more than you realize.

Even thinking about hiring a car accident attorney in Florida to help with your case can feel daunting. However, it is an important step in the process toward recovery.

In fact, having an attorney in your corner to help fight for your rights can often be a great asset to you and your case. Here are just a few ways in which a Clearwater accident attorney can help you.

Collecting Relevant Evidence

Frequently, the success of your car accident case will rest in large part upon the availability of evidence.

An experienced car accident lawyer will be able to help you identify and collect potentially useful evidence. Examples of evidence a lawyer can help you compile that may be useful to your case include:

• Official police reports;
• Medical care documentation; and
• Security camera footage, where applicable.

It is important to note, however, that a lawyer can only do so much. Because you will not engage an attorney until after your accident, there are certain pieces of potential evidence that they may not be able to retrieve.

In fact, some of the best evidence for your car accident case may be most readily available right at the accident scene.
Thus, if it is possible to do so safely, you should attempt to collect the following evidence immediately after your accident:

• Contact information of any parties involved in the accident;
• Insurance information of any other drivers involved;
• Statements from any eyewitnesses;
• The name of any police officers who arrive at the scene and the police report number to more easily acquire a copy later; and
• Photos of the accident scene, property damage, and any injuries.

The more evidence you are able to collect at the scene, the better equipped your auto wreck attorney will be to analyze and argue your case moving forward.

Assessing Damages

A crucial aspect of a car accident case is the calculation of damages.

Legal “damages” are the monetary sums that are awarded in a legal dispute to help a victim recover from injuries sustained due to the actions of another.

Due to the important role damages play in your recovery, it is imperative that you have someone who can help you assess what you may ultimately be entitled to.

An experienced Clearwater car accident attorney can help you do just that.

In a car accident case, you may be entitled to recover damages to help compensate you for:

• Property damage,
• Medical bills,
• Hospital stays,
• Lost wages,
• Loss of earning capacity,
• Emotional distress,
• Disfigurement,
• Disability, and
• Loss of enjoyment of life.

Knowing your rights and what compensation you may be entitled to under the law is one of the main hurdles standing between you and your recovery.

You shouldn’t settle for less than you deserve simply because you may not know what recoverable damages exist in your case.

Contact an attorney today to discuss your case to assess and calculate your potential compensation.

Negotiating With Insurance Companies

It’s very rare that a car accident victim will get the full amount they are seeking upfront with no pushback from an insurer.

More often than not, reaching a settlement for your car accident case will require at least some negotiation.

In fact, insurance companies make their businesses off of collecting premiums and paying out as little as possible on claims.

A Clearwater car accident attorney should know how to effectively negotiate with insurers to work towards maximizing your recovery.

Negotiating with large insurance companies can be intimidating if you have no prior experience doing so.

Rest assured, the car accident lawyers at Abrahamson & Uiterwyk are prepared to aggressively negotiate with insurance companies on your behalf to help you seek the compensation you deserve.

Preparing for Trial, if Necessary

While reaching an out-of-court settlement is almost always preferred, sometimes this is not possible or in your best interest. If this is the case, going to trial may become necessary to pursue your rights to the full extent of the law.

As difficult as it can be to negotiate without the assistance of a lawyer, preparing for a trial on your own can be even more daunting. Steps in preparing for a trial include:

• Pretrial briefs and motions,
• Discovery,
• Preparation of witnesses, and
• Jury selection.

The importance of having an experienced trial lawyer in your corner to help you with these steps and more cannot be overstated.

Since you’re here, you know all too well how prevalent vehicle collisions are. On average there are ~1,100 car crashes per day in Florida. That comes out to one crash every 1.3 minutes, with many of those occurring right here in Clearwater and Pinellas County.

Over the years accidents in Pinellas County have shown to be on the increase when analyzed year on year.

Commercial vehicle crashes follow similar patterns. However, nationally, thanks to increased safety measures, crashes are not causing as many injuries and fatalities as in the past.

This report found that while close to 30 percent of the crashes resulted in injuries, only about half of one percent resulted in fatalities. Unfortunately, the proportion of crashes with injuries in Pinellas County is much higher. However, the proportion of fatalities in Pinellas County crashes is comparable to national levels.

Most crashes (about 58 percent) in Pinellas County caused property damage, which is significantly lower than the 70 percent of crashes nationally, which reported property damage. It’s important to contact an experienced Pinellas County car accident lawyer if you have been involved in a car accident in Pinellas County.

Whether the vehicle accident happened in Clearwater Beach, Clearwater, or the surrounding area, our attorneys are ready to help. Contact us.

What Do the Statistics Tell Us About Some Common Assumptions?

First, it should come as no surprise that the largest age group of drivers involved in Pinellas County crashes is the 65+ group. What is surprising is that the 15 to 19-year-old group is among the smallest percent of drivers in crashes thus far. Nationally, younger drivers tend to be crash more frequently than any other age group.

Pinellas’s teen drivers accounted for crashes that were double their share of licensed drivers. It is important to note that this trend seems to be slowing with younger drivers being more careful and practicing defensive driving.

In Pinellas County, patterns emerge from the day of the week in terms of crashes, with the two biggest days of the week for crashes are Tuesday and Friday. Nationally, most fatal crashes occur on Saturday and Sunday when more people are probably out on the roads. They may also be more careless and the days when people will probably consume more alcohol.

When it comes to time of day, Pinellas County crashes peak between 3 p.m. and 5 p.m.  National statistics paint a slightly different picture, with most fatal crashes occurring in the 6 p.m. to 9 p.m. period. It is likely that these times are simply the period when rush hour occurs. Related to the time of day is the lighting condition when the crashes happen.

In Pinellas County, a substantial majority of accidents (close to 70 percent) took place in daylight, whereas in the country, less than half the fatal crashes took place in the daylight. Contact a car wreck lawyer today if you have been injured in a car accident.

Read more in this discussion about the Family Purpose Doctrine in Florida.

Avoiding accidents alltogether is the best plan when it comes to driving in Clearwater. Most driving tickets or accidents are caused when someone is in a hurry and speeding to make an appointment, or just get home from work.  Here are a few tips to avoid the “rush” that can preceed a traffic accident:

• Be aware of the speed limit and adjust your driving accordingly. This may seem obvious, but it’s easy to get complacent and start driving a few miles per hour over the limit without even realizing it. Being rushed is one of the leading causes of car accidents in Florida
• Avoid distractions while driving. Distracted driving is a major cause of accidents, and it can also lead to speeding. Put your phone away, avoid eating or drinking while driving, and focus on the road ahead.
• Check for road closures and traffic jams before you leave. Traffic congestion can lead to frustration and temptation to speed, so it’s helpful to plan your route in advance and avoid areas with known traffic problems. You can use traffic apps or websites to check for road closures and traffic conditions before you start your trip. This will help you avoid getting stuck in traffic and feeling the need to rush to make up for lost time.

The top 3 rated insurance companies in Clearwater, Florida, based on reviews on the WalletHub website are:

1. GAINSCO – A casualty insurance company based in Dallas, Texas, GAINSCO has the highest rating in Clearwater with a 4/5 star across 1,800+ reviews.
2. Direct Auto Insurance – Based in Nashville, TN, Direct Auto specializes in high-risk driver insurance. They have the second highest rating in Clearwater, FL with a 4/5 star rating on 1,800+ reviews.
3. Esurance – A subsidiary of Allstate, Esurance specializes in policy bundling and easy online signup and management. They have the third highest rating in Clearwater with a 3.5/5 rating across 1,600+ reviews

No matter which insurance company you go with in Clearwater – if you’re in an accident, it’s important ot remember to consult with an experienced car accident attorney before agreeing to any settlement or signing any paperwork.  Regardless of their rating in the area, insurance companies are notorious for lowballing initial offers. Let our team at Abrahamson & Uiterwyk help!

When you hire Abrahamson & Uiterwyk as your attorneys, we handle everything from drafting motions to filing paperwork in the courthouse. Wait times can mean the necessity of taking full days off work to file your papers and move your case forward if you try to proceed with out an attorney.  Our team steps in so you can avoid having to deal with the court directly yourself. For an idea of waiting times for the local court for Clearwater, they are listed on the Pinellas County Clerk & Recorder website.

If you still have questions about how a Clearwater car accident lawyer can be beneficial, contact our team today!

The team of attorneys at Abrahamson & Uiterwyk has over 30 years of experience fighting for the rights of injured victims. We want to help you too.

Contact us by phone, text, or email today to schedule your free consultation to discuss your case and see what we can do for you.

Recent Clearwater Car Accident Settlement Example

$100,000 / Auto Accident / Clearwater, FL

This tragic crash occurred when our client was riding his bicycle in the parking lot area of a public boat ramp in Clearwater, Florida. As he was riding, a large truck being driven by the defendant pulled out directly in front of our client. He veered to the right in an attempt to avoid colliding with the truck, however, his bicycle fell to the right as a result, and he hit the ground hard.

Our client was rushed to the hospital where x-rays revealed serious, unstable fractures in the neck. Three days after the crash, our client underwent surgery to fuse the bones of his cervical and upper thoracic spine.

Unfortunately, in this case, the negligent driver was uninsured. Our client did, however, purchase what is known as uninsured motorist coverage (“UM”) UM coverage is insurance that protects you by providing compensation if you are injured by a negligent driver who is either uninsured or underinsured for your damages. In seeking compensation for our client, we were limited to the amount of insurance our client had purchased. Based on our efforts though, we were able to recover all the available UM insurance for our client.

Florida had over 400,000 accidents in 2018. These car and truck accidents resulted in a quarter of a million injuries and over 3,000 fatalities. Sadly, Pinellas County experienced over 17,000 accidents, resulting in 10,000 injuries and 17 fatalities in 2018.

The Florida Department of Highway Safety and Motor Vehicles collects crash statistics for each county.

Their report shows that Pinellas county experienced increasing commercial motor vehicle (CMV) accidents from 2016 to 2018. From 2017 to 2018, CMV injuries increased by 11%, and CMV fatalities increased by 50%.

These tragic statistics show that truck accidents are far too common in our area. If you have experienced a truck accident, you are not alone.

Our personal injury lawyers have helped many truck accident victims get the compensation they need, and we would like to help you as well.

Common Causes of 18-Wheeler Accidents

Since semi-trucks are so big and heavy, they have a hard time stopping. Here are some factors that can contribute to 18-wheeler accidents:

• Excessive speed,
• Distracted driving,
• Reckless driving,
• Driving under the influence,
• Improper maintenance, and
• Driving while exhausted.

Our experienced team of truck accident lawyers and investigators will review all issues related to your accident. Our goal is to prove that the trucker was responsible for your accident and get compensation for your accident injuries.

Commercial Trucking Laws

When you’re injured in a truck accident, you need an attorney who is familiar with the laws regulating commercial truck drivers. The legal standards differ in some ways from those of car accidents. Therefore, a personal injury attorney who does not handle many truck accident cases may lack legal understanding.

Commercial trucks must follow regulations set out by the Federal Motor Carrier Safety Administration (FMCSA), which give guidance on these subjects:

• Truck maintenance,
• Commercial driver licenses,
• Truck registration,
• Truck inspections, and
• Driver logbooks.

Violations of these regulations or Florida state law could result in a negligence claim. Even if the trucker was criminally charged for the accident, you can file a civil lawsuit to recover compensation for the harm you suffered.

Common Truck Crash Injuries

Semi-trucks are large vehicles that weigh up to ten tons. This truck size and weight can cause significant damage in an accident. Victims of truck accidents may experience these serious injuries which can require extensive medical treatment such as spinal fusion surgery:

• Lacerations and bruises,
• Muscle damage,
• Whiplash,
• Bone fractures,
• Spinal cord injuries
• Internal organ injuries,
• Nerve damage, and
• Concussions and brain damage.

Seek prompt medical treatment for any accident injuries and save your invoices. This medical evaluation can improve your chances of filing a successful personal injury lawsuit.

Semi-Truck Collisions: Who is Liable?

When you hire an accident attorney, you also gain access to expert investigators. Our legal team will investigate your accident using the Clearwater traffic accident report from the police, witness statements, and other evidence. (If you don’t already have one, file a police report in Clearwater.)

Our goal is to prove who was responsible for your accident and get you compensation for your injuries.

Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law.

Florida law defines a motorcycle as a type of motor vehicle “having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground.” If you have been involved in a motorcycle accident in Florida, you will have certain rights under Florida State law. Primarily, you may have a right to recover monetary compensation to help you recover.

Damages Under Florida Law

As with any other type of motor vehicle, if you sustain injuries while driving a motorcycle, you may be entitled to compensation. In general, a motorcycle accident victim may receive compensation for their economic and non-economic damages.

Economic damages are those that help compensate for physical or tangible damages that may exist. Examples of economic damages under Florida law in a motorcycle accident for which you might receive compensation include:

• Property damage,
• Past lost income,
• Future lost income,
• Medical and funeral expenses, and
• Lost support and services.

These economic damages are crucial in ensuring that you can recover from your physical injuries as best you can.

Non-economic damages, on the other hand, compensate an accident victim for their less tangible, non-financial loss. Recoverable non-economic damages might include compensation for:

• Pain and suffering,
• Inconvenience,
• Physical impairment,
• Mental anguish,
• Disfigurement, and
• Loss of capacity for enjoyment of life.

While these non-economic damages are less tangible, they are no less important than economic damages. Both are necessary to make you whole so that you can recover. Thus, it is essential to have an experienced Clearwater personal injury lawyer with an in-depth understanding of motorcycle accident claims and available recovery.

Clearwater Motorcycle Crash Statistics

It is no secret that riding a motorcycle can be dangerous, despite what safety measures are observed. According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 89,000 motorcycle accident injuries and 5,172 motorcycle accident deaths in 2017. Further, the NHTSA noted that motorcyclists were 27 times more likely than passenger car occupants to die in a crash per vehicle mile traveled.

Motorcycle accidents are a nationwide concern, and Clearwater, FL, is no exception to these concerning statistics. News stories of motorcycle accidents in Clearwater occur regularly. In fact, in 2021, the State of Florida had over 600 motorcycle fatalities.

Common Causes of Motorcycle Accidents

While there are many factors that lead to motorcycle accidents, some are more common than others. The most common causes of motorcycle accidents include:

• Cars making left-hand turns;
• Motorcyclists splitting/driving between lanes;
• Speeding;
• Road hazards; and
• Alcohol use.

Motorcycles are already more susceptible to accidents compared to passenger cars. Thus, it is imperative to use proper safety measures, such as wearing a helmet, and take extra precautions while driving a motorcycle.

Common Motorcycle Accident Injuries

Some of the most common motorcycle accident injuries include:

• Neck and back injuries,
• Arm and hand injuries, and
• Lower trunk (i.e., hips and pelvis) injuries.

The most common injuries, however, are head and brain injuries. But according to the CDC, helmets are estimated to reduce the risk of head injury by 69% and the risk of death in a motorcycle crash by 37%.

Contact a Motorcycle Accident Lawyer in Clearwater

If you or a loved one has been involved in a motorcycle accident, or you require more information from a motorcycle accident lawyer in Clearwater, contact Abrahamson & Uiterwyk online or call 800-538-4878 for a free case evaluation.

Florida premises liability law protects three types of people on another person’s property:

• Business visitors,
• Guests, and
• Trespassers.

These visitors receive a range of protection from harm when on another person’s property. Of these categories of visitors, business visitors receive the most protection, while trespassers receive the least.

Business Visitors

When you visit a business, the owner has a duty to keep you safe from harm or warn you of dangers. A business must inspect the property to find unsafe conditions that might harm customers.

If conditions like slippery floors or falling objects harm you while you’re in a business, the owner could be liable for your injury.

Guests

A guest on private property also receives protection from unsafe conditions. A homeowner does not have the duty to routinely inspect the property for dangerous conditions but should keep the property reasonably safe.

If there is a known danger, the homeowner must repair it or warn guests of dangerous conditions.

Trespassers

A trespasser is entitled to protection from intentional harm. For instance, a business owner or homeowner cannot set a dangerous trap to catch trespassers. However, a trespasser does not receive the other protections of business visitors and guests.

If you were harmed on someone else’s property, contact our Clearwater slip and fall accident lawyers to find out if you have a strong case for a lawsuit.

How to File a Slip and Fall Injury Claim in Clearwater

Florida property owners must keep their property in a safe condition to protect visitors. If property owners neglect this responsibility, they expose themselves to premises liability.

This means that you can sue a property owner if their negligence causes your injury. You need to prove the following things in a slip and fall claim.

The Property Owner Had a Duty of Care

First, you have to show that the property owner had a duty to provide safe conditions for visitors under Florida law. To establish the extent of the property owner’s duty, you will need to show whether you were a business visitor, a guest, or a trespasser.

The Property Owner Breached the Duty of Care

A property owner breaches or violates their duty by failing to remedy unsafe conditions or provide appropriate warnings. But what constitutes a breach will vary depending on the type of visitor you were. If you were a business visitor, your legal team must prove these elements of breach:

• The property owner knew or should have known there was an unsafe condition;
• The property actually had an unsafe condition;
• The hazardous condition was likely to cause injury; and
• The property owner failed to fix the unsafe condition or to warn visitors about the condition.

Here, you must prove that the property owner had enough time to address the unsafe condition or warn visitors about the danger. Proving this element of negligence requires an experienced Clearwater personal injury attorney who can help gather evidence to bolster your claim.

The Breach of Duty Caused Injury

You also have to show that you were injured due to the unsafe condition on the property. You must have sustained an injury severe enough to require medical treatment or be eligible for other damages.

To receive compensation through a wrongful death action, it is important to know where to start. But what exactly constitutes a “wrongful death” action? And who can bring one? We’ll answer these questions and more below.

What is Wrongful Death?

Wrongful death is a legal term used to describe a situation in which someone dies due to the wrongful or negligent actions of another. Specifically, Florida law provides a right of action where a person’s “wrongful act, negligence, default, or breach of contract or warranty” causes the death of another.

As you can see, the definition of wrongful death is very broad. Wrongful death can occur in nearly any setting, including:

• A car accident,
• A motorcycle accident,
• A slip and fall accident, and
• Medical malpractice.

Regardless of the setting in which the negligent act took place, if it caused the death of your loved one, you may have a claim for relief under Florida wrongful death laws.

Who Can File for Wrongful Death in Florida?

It is important to note that not all people have a right of action under Florida wrongful death law. Only certain parties are able to file a claim for wrongful death.

Florida Statutes section 768.20 states that a wrongful death action must be brought by the decedent’s personal representative. This personal representative must then bring the action for the benefit of the decedent’s surviving family members.

Family members who can recover compensation in a wrongful death case include the deceased’s:

• Spouse,
• Parents, and
• Children, including both blood-related and adopted.

If you have questions about whether you are entitled to bring a wrongful death action, contact a Clearwater wrongful death lawyer today.

What Damages Can I Collect in a Florida Wrongful Death Action?

Damages in a wrongful death action can be extremely important to your recovery. Pursuant to Florida Statutes section 768.21, surviving family members of a wrongful death victim can recover compensation for:

• The value of lost support and services of the decedent;
• Loss of the decedent’s companionship and protection;
• Mental pain and suffering;
• Medical or funeral expenses due to the decedent’s injury or death; and
• Loss of earnings of the deceased.

Knowing how much you may be entitled to recover is crucial to getting the support you need to move forward from the death of your loved one. Our Clearwater wrongful death attorneys can help you determine the extent of your recoverable damages and fight to maximize your recovery.

Should I Really Consider Filing a Wrongful Death Claim?

Taking any action at all can feel futile in the aftermath of losing a loved one. Unfortunately, no amount of money will bring back the family member you lost. However, that doesn’t mean you shouldn’t file a wrongful death claim.

Filing a wrongful death action can provide you with valuable compensation to get you through this difficult time. But more than that, a wrongful death action can provide you with a sense of justice by holding accountable the party responsible for the death of your loved one.

So, contact a Clearwater wrongful death attorney to discuss your rights and see whether you should move forward with filing a claim.

When you ride a bicycle on Florida roads, you are legally protected by traffic laws. In fact, cyclists must abide by many of the same laws as motor vehicle drivers.

However, reckless drivers often disregard bicyclists, putting cyclists in harm’s way. Even when cyclists wear all recommended safety gear, car crashes can leave them with serious injuries.

Clearwater Bicycle Injury Statistics

Though environmentally friendly and a great way to stay in shape, cycling can also be dangerous. According to this Wall Street Journal article, “Florida has by far the highest per-capita bicyclist death rate in the country.”

That rate is 6.2 deaths per 100,000 residents—more than 50% higher than the second most fatal state for cyclists.

Unfortunately, the cycling statistics for Clearwater residents get worse. The Tampa Bay metro area has the highest fatality rate of all major metropolitan areas in the US. And Pinellas County has the most per-capita cyclist deaths among all Tampa Bay metro area counties.

Texting drivers and intoxicated drivers contribute to many of these cyclist fatalities. If a driver was engaged in irresponsible behavior when they hit you, they may be liable in a personal injury lawsuit.

Common Injuries in Clearwater Bicycle Accidents

Since cars and trucks are so much bigger than bikes, bicyclists are particularly vulnerable to accident injuries. When a speeding automobile hits a cyclist, the cyclist may sustain life-threatening injuries. Some common injuries experienced by cyclists include:

• Head injury,
• Traumatic brain injury,
• Fractures,
• Tissue damage,
• Internal injuries, and
• Spinal cord injuries.

Though Florida has helmet laws for child cyclists, protective gear cannot prevent all of these bicycle accident injuries. However, even if you were not wearing a helmet at the time of your accident, you may still be able to recover damages for your injuries.

In Florida, the lack of a bicycle helmet is not viewed as negligence or contributory negligence in accident litigation.

Contact the experienced Clearwater bicycle accident lawyers at Abrahamson and Uiterwyk for a free consultation to determine what damages may apply to your case.

Too often, the elderly and other vulnerable adults in our society don’t get the care and protection that they need. People try to take advantage of the vulnerable in our society by exploiting them financially or by abuse and neglect. The results are often tragic.

If you or a loved one suffers nursing home abuse, our team of Clearwater nursing home abuse lawyers may be able to help. Florida has strict criminal and civil laws aimed at protecting the vulnerable in our society. These laws aim to both punish those who abuse vulnerable adults and deter would-be offenders.

What Counts as Abuse?

There are several different actions that constitute nursing home abuse. When a person purposefully inflicts a physical or mental injury on a vulnerable person, they’ve committed elder abuse. Even if a person doesn’t directly cause the injuries, if a person purposefully does something that’s likely to cause a physical or mental injury to a vulnerable person, they’ve committed elder abuse. Finally, if a person encourages another person to do anything that’s likely to cause a physical or mental injury to a vulnerable adult, they’ve committed elder abuse.

In addition to overt acts, neglect can also amount to nursing home abuse. When a person provides care for a vulnerable adult, they must provide the adult with appropriate food, clothing, supervision, medicine and health-care services as necessary for the person’s well-being. The caregiver must take reasonable steps to protect the person that they care for. A caregiver’s failure to provide care or appropriate supervision can amount to abuse if it causes a physical or mental health injury. Finally, abuse may result from a single act, or it may be the result of repeated behaviors.

Who’s Protected by Florida’s Elder Abuse Laws?

Florida’s nursing home abuse laws cover seniors. The law also covers disabled adults. Any adult person that’s at risk because of their age or disability can be the victim of abuse under Florida’s nursing home protection laws.

Who Can You Recover From?

In addition to looking at the person directly responsible for the abuse for recovery, you may be able to look to the nursing home to hold it responsible too. The nursing home may have negligently hired a person who uses their position in order to abuse residents. The nursing home may have ignored warnings or complaints about the suspected abuse.

Perhaps the nursing home needs more safeguards to supervise employees. Maybe they failed to have appropriate cameras in place to catch abuse. They may not have had sufficient employees or appropriate employee training in order to provide the appropriate levels of care. Any of these actions or others could subject the nursing home to liability for abuse in addition to the person that’s directly responsible for the abuse.

Warning Signs

The signs of nursing home abuse might be subtle. You may see obvious signs of abuse such as bruises or bleeding. You may see more subtle signs of abuse such as small behavior changes in your loved one. In addition to a loved one’s behavior changes, you may notice behavior changes in the people who provide care for your loved one.

If your loved one suddenly no longer wants you to visit, or their care providers discourage visitation, these are also red flags. If a loved one has a sudden change in the person exercising power of attorney, that’s also a warning sign. If your loved one is unusually withdrawn or they have sudden financial problems, these may be evidence of abuse.

How Our Clearwater Nursing Home Abuse Lawyers Can Help

If you or a loved one may be suffering from nursing home abuse, there are a number of different ways that our Clearwater nursing home injury lawyers may be able to help. First, trust your instincts. If you suspect that something’s wrong, don’t ignore your feelings. Many times, your intuition is exactly right, and you may be your loved one’s best chance to get help.

We know that nursing home abuse is a tragedy. We know that you’re panicked and wondering what to do. You may be overwhelmed with worry. Our professionals understand that you’re going through an extremely challenging and worrisome ordeal.

That’s why our team aims to provide aggressive legal services that come with our compassion and understanding. We want you to understand each step in the legal process as your case moves through the court. When you have questions, we pick up the phone to answer them. It’s important that you understand what to expect at each and every stage of the case.

The highly-experienced Florida personal injury law firm of Abrahamson & Uiterwyk also provides:

• Car accident lawyers in Florida
• Guide to Florida Car Accident Law
• Motorcycle accident lawyers in Florida
• Slip & fall lawyers in Florida
• Truck accident lawyers in Florida
• Bicycle accident lawyers in Florida
• Brain injury lawyers in Florida
• Birth injury lawyers in Florida
• Pedestrian accident lawyers in Florida
• Florida Red Light Car Accident Settlement Lawyers
• Construction accident lawyers in Florida
• Wrongful death lawyers in Florida
• Actos injury lawyers in Florida
• Boating accident lawyers in Florida
• Business interruption insurance lawyers in Florida
• Defective drugs medical device lawyers in Florida
• Dog bite lawyers in Florida
• Drunk driving accident lawyers in Florida
• Insurance disputes lawyers in Florida
• Medical malpractice lawyers in Florida
• Metal hip knee implant lawyers in Florida
• Nursing home abuse lawyers in Florida
• Product liability lawyers in Florida
• Work injury / workers comp lawyers in Florida

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