Average Florida Auto Accident Settlements and What to Expect

Category: Valuing Injury Claims |

Overview of Florida Auto Accident Settlements Car accident in Florida? This article will help you understand the factors that most impact the potential auto accident settlement amount for your injuries and damages. If you were injured in a car accident in Florida, you are probably wondering how much money you can recover from a car accident settlement. Many factors affect your car accident settlement amount. Every case is different, so your settlement entirely depends on the specifics of your accident, injuries and damages. At Abrahamson & Uiterwyk our car accident lawyers research the specifics of your case extensively and represent you during negotiations. Along with the factors that we will explain below, legal representation significantly affects your settlement amount. Due to our experience and expertise, our attorneys help clients achieve a higher average car accident settlement amount. The car accident attorneys of Abrahamson & Uiterwyk are ready to discuss your accident and settlement amount during a free case evaluation. If you’ve been injured in a Florida car accident we invite you to contact us by phone at 800-753-5203 or online anytime to get answers from our qualified legal professionals. What is the Average Auto Accident Settlement in Florida? Unfortunately, there is no average settlement amount for car accidents in Florida. This is because settlements depend greatly on the unique circumstances of each case. Several factors affect your settlement, including: Negligence of the at-fault party, Any comparative negligence of the injured party, Extent of impact and property damage, Whether the at-fault driver was under the influence of drugs or alcohol, Amount of available bodily injury insurance coverage with the at-fault vehicle owner and driver, Amount of available uninsured/underinsured motorist insurance coverage with the injured party, their resident relatives, and the car they are in, Severity of your injuries, Extent of pre-existing injuries, Ability to prove the injuries were caused by the accident, and Extent of your damages including pain and suffering, past and future lost wages, and past and future medical bills. Since settlement amounts are highly contextual, it’s best to discuss the specifics of your case with one of our personal injury attorneys. Return to top ↑ FLORIDA AUTO ACCIDENT SETTLMENTS FAQ Examples of Abrahamson & Uiterwyk Auto Accident Settlements At Abrahamson & Uiterwyk, we have recovered hundreds of millions of dollars in compensation for our clients. Here are several recent auto accident settlements we have achieved for our Florida clients: $525,000.00 / Motor Vehicle Accident / Spine and Back Injuries / Dade City, Florida On July 22, 2016, our client was attempting to make a U turn on Highway 301 in Dade City, Florida and was stopped in the median. The defendant was headed south on U.S. 301 when he left the roadway, crashed through a street sign and struck our client causing him to be pushed into oncoming traffic whereupon he was struck by a passing northbound vehicle. This photo shows the damage to our client’s vehicle as a result of the accident. The defendant later claimed that a phantom vehicle rear-ended him causing him to strike our client. Our client was transported to the hospital with back injuries and later followed up with several physicians. An MRI scan revealed large disc herniations in his lumbar spine. He exhausted all conservative care, including therapy and epidural steroid injections. Ultimately, he required a discectomy operation to relieve the pressure in his spinal canal. Our attempts to settle the case before a lawsuit were rebuffed by the insurance company, which acted unreasonably and refused to take responsibility for the accident. Therefore, we filed a lawsuit against the at fault party. During the course of the lawsuit, we pressured the insurance company to produce proof of their claims that they were not the at fault party, and that someone else had caused the accident. Eventually our pressure was successful, and we were able to force the company to pay $525,000.00 as compensation for our client’s injuries. $500,000.00 / Car Accident / Herniated Discs / Homosassa, Florida Our client was traveling on a main road in Homosassa, Florida, when a vehicle from her right, exited a private driveway directly into the path of our client. As a result of the other driver’s carelessness, our client impacted the side of the other vehicle. The impact was so severe that our client’s air bags deployed, and the vehicle was considered a total loss. This photo shows the damage to our client’s vehicle as a result of the auto accident. After the accident, our client was transported to the emergency room where she was diagnosed with neck pain, chest pain and right arm pain. Following her discharge from the hospital, our client began conservative care with a chiropractor and underwent an MRI of the cervical spine and the lumbar spine. The MRI’s revealed multiple herniated discs in the cervical and lumbar spine. Our client ultimately had surgery at both the cervical and lumbar levels. Based on the injuries sustained by our client, Abrahamson and Uiterwyk sent a demand to the defendant driver’s insurance company and they agreed to pay $100,000, which represented the full amount of the defendant driver’s insurance coverage. Abrahamson and Uiterwyk also sent a demand to the owner of the vehicle that the defendant was driving, which turned out to be a local car dealership. The dealership had loaned the vehicle to the defendant while the defendant’s personal vehicle was being repaired. The insurance carrier for the dealership attempted to classify the loaner vehicle as a “rental car,” which would have had the effect of lowering the applicable insurance coverage to only $10,000. Abrahamson and Uiterwyk conducted an extensive legal analysis of the insurance carrier’s position and was able to prove to the insurance carrier, that their opinion was not supported by Florida law. The insurance carrier agreed and after further negotiation, tendered their policy limits of $500,000. $300,000.00 / Rear-End Car Accident / Neck, Back, and Shoulder Injuries / Citrus County, Florida On August 18, 2016, our client was northbound on Suncoast...

Continue Reading

What is the Average Wrongful Death Settlement in Florida?

Category: Valuing Injury Claims |

Overview of Wrongful Death Settlements in Florida This article attempts to explain the factors that influence the amount that families of deceased accident victims can recover in a Florida wrongful death settlement. If a loved one has been killed due to someone else’s negligence, you may be able to prevail in a wrongful death lawsuit. If you aren’t sure whether you have a wrongful death claim, you may be questioning whether to see an attorney. The truth is, an experienced wrongful death attorney can always help assess your situation to see what recovery may be possible. If you do have a wrongful death claim, you may wish to better understand wrongful death lawsuit settlements. In this article, we’ll discuss everything you need to know about wrongful death settlements in Florida. Is There an Average Wrongful Death Settlement in Florida? Although you may wish to know what to expect in this uncertain time by examining average wrongful death settlement amounts, the truth is there is no such thing. Wrongful death settlements depend on the facts of the specific case. The circumstances surrounding your loved one’s death may be incredibly different from someone else’s. This makes it extremely challenging to come up with any average wrongful death settlement. It’s therefore incredibly important to discuss your potential wrongful death claim with an experienced attorney as soon as you can Return to top ↑ Example Wrongful Death Settlements That We Have Achieved Although there may not be an average wrongful death settlement, at Abrahamson & Uiterwyk we are honored to have achieved substantial wrongful death settlements and verdicts for our clients over our 30 years in practice. In one case, a jury awarded our clients, the surviving spouse and children of a wrongful death victim, $34,697,465. We’ve also achieved recoveries of $15,310,000 (jury verdict), $11,500,000 (jury verdict), and $11,000,000 (jury verdict) for our clients in wrongful death cases based on product liability claims. Return to top ↑ Case Study: Florida Wrongful Death Settlement $1M Policy Limit / Wrongful Death / Motor Vehicle Accident / Brooksville, Florida On July 20, 2018, our client was northbound on Commercial Way in Brooksville, Florida near the intersection of Kelso Road. The defendant was headed westbound on Kelso Road, but failed to stop for the stop sign at the intersection. As a result, our client’s vehicle T-boned the defendant’s vehicle causing substantial damage to both vehicles. Among other injuries, our client suffered a cardiac contusion which his treating physicians believed led to a massive stroke after the accident. He remained hospitalized for approximately two weeks after the accident before being transferred to inpatient rehabilitation. Unfortunately, due to the serious nature of his injuries, our client passed away shortly thereafter. He was survived by his wife. We did an in depth investigation which helped convince the insurance company that the fault lay with their insured. We presented a comprehensive demand package which also convinced the insurer that our client’s spouse’s death was a direct result of the defendant’s negligence. We also invested considerable time and effort elaborating on the extent and depth of our client’s extreme losses as a result of the death of her spouse. We were able to resolve the case for an amount in excess of 1 million dollars. Unfortunately, our recovery was limited by the amount of insurance available. Based on our efforts, however, we were able to convince them to pay every dollar of available insurance in settlement of the case. Our deepest condolences to our client and their entire family. It was our honor to represent them for this tragic loss. The wrongful death attorneys at Abrahamson & Uiterwyk have the experience to understand your case fully and get you and your family what you deserve. You can read more on our case results page. Please be advised that any potential recovery depends upon the facts of your specific case and that past results do not guarantee a similar outcome in your case. Return to top ↑ Who Can Bring a Wrongful Death Claim in Florida? The surviving family members of a person killed by another party’s negligence can bring a wrongful death claim in Florida. The person who passed away is called the “decedent” under the law. The family members of the decedent, or deceased, need to be related to them in a specific way or have had a particular dependency relationship with them to recover. Under the Florida Wrongful Death Act, the following surviving family members may bring a wrongful death claim: Spouse Children Parents Blood relatives who were dependent on the person who passed away Adoptive brothers or sisters who were dependent on the person who passed away A child born out of wedlock, if their mother passed away A child born out of wedlock if their father passed away, only if it can be established that the father had taken responsibility for supporting the child Return to top ↑ What Factors Most Impact the Value of a Wrongful Death Settlement? The goal of financial compensation in a wrongful death claim is to shift the losses that the family experiences to the person who caused the death. In other words, in the eyes of the law, the surviving family members should not bear the losses of their loved one’s death. The person who negligently caused the death should be financially responsible. To avoid going to trial, the party that caused the wrongful death may offer a settlement amount. The settlement amount should take into account the same factors that the court would take into account if the case went to trial. If the case settles, the family members of the wrongful death victim agree to drop their lawsuit. It is very difficult, if not impossible, to calculate the value of someone’s lost life. In Florida, there are several factors that may help the surviving family members decide what is fair. Compensation in a wrongful death case may take into account the following: How old your loved one was when they passed...

Continue Reading

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

Category: Valuing Injury Claims |

If you sustained injuries due to a slip and fall at Walmart, you might be considering legal action. You might also be wondering how much of a settlement you could recover. Walmart has almost 5,000 stores across the United States, almost 30 of which are located in central Florida. With an average size of over 100,000 square feet, these stores can present slipping, tripping, and falling hazards of all types. For that reason, Walmart faces a constant stream of personal injury claims and lawsuits. If the store’s negligence or carelessness caused your injuries, you deserve compensation. Talking to an experienced premises liability lawyer is the best way to determine the value of your potential settlement. Having a knowledgeable slip and fall attorney on your side will also protect your legal rights. An attorney can also help you pursue the compensation you deserve. How Much Is the Average Walmart Slip and Fall Settlement Amount? Slip and fall accidents in Walmart and other large retail outlets can cause serious injuries, disability, and even death. In Florida, slip and fall accidents are the number one reason that residents go to the emergency room or are admitted to the hospital—and the second leading injury cause of death. Because the resulting injuries can be so extensive, Walmart slip and fall settlement amounts are often higher than for other types of personal injury cases. For example: A Georgia jury awarded one plaintiff $7.5 million for a broken hip. The Georgia man’s foot became lodged in a pallet that was used to support a produce display, causing him to fall and sustain serious injuries. A Florida man received a $970,000 settlement for injuries he sustained at Walmart after he slipped on water in the garden center. Another Florida plaintiff received a Walmart settlement of $1.3 million after slipping in spilled body wash and hitting her head on a display rack. Although these awards might not be typical or representative of your Walmart slip and fall case, you deserve compensation for your injuries and other damages. However, because Walmart slip and fall settlement amounts can vary so greatly, it is important to seek help from a Florida slip and fall accident lawyer for assistance. Return to top ↑ What Are Some Examples of Walmart Settlements That Abrahamson & Uiterwyk Has Achieved? Here at Abrahamson & Uiterwyk, we understand the complex nature of slip and fall claims, and we put our in-depth knowledge to work for you. Slip and Fall / Walmart / Neck Injuries / Hillsborough County, Florida Our client was shopping at Walmart in Tampa when she slipped and fell on a clear liquid substance that Walmart had allowed to accumulate on the floor of their store.  She suffered injuries and began to incur medical expenses, so she hired our firm to help her with her case against Walmart. Our investigation revealed that due to the fact that the flooring was extremely smooth and did not apparently possess any non-slip characteristics, the presence of the liquid created a significant and latent slipping hazard for customers.  As a result of the fall, our client sustained disc herniations in her neck and her back. She sought treatment with a chiropractor and an orthopedic surgeon.  She underwent injections and a procedure known as radiofrequency ablation, which involves heating the nerves in the neck in order to deaden the pain. We eventually presented a detailed demand package summarizing the case to Walmart which set forth their negligence and our client’s injuries, medical bills, lost wages and pain and suffering. Not surprisingly, Walmart disagreed with our settlement suggestion.  Instead, Walmart consistently argued that the accident was not their fault since they claimed to have no notice of the condition before our client fell. Even though Walmart consistently took the position that they were not responsible for our client’s injuries, we persisted with our efforts.  We continued to press the case forward. Because of our efforts, ultimately, we were able to prevail upon Walmart to recognize that they had liability for the accident, and the case was settled for an amount that paid all of our client’s medical bills and netted her a significant recovery. $689,000.00 / Premises Liability / Walmart / Back Injury / Pinellas County, Florida We recently obtained a $689,000 premises liability settlement for a client in Pinellas County. This client sustained a back injury when he slipped and fell at Walmart. Although we cannot legally disclose the details of most premises liability settlements, you can review some of our other recent slip and fall case injury settlements on our website. The experienced personal injury lawyers at Abrahamson & Uiterwyk have assisted more than 20,000 injury victims over the past 30 years. To date, we have recovered more than $300 million for our clients. We aggressively pursue a fair settlement, and we aren’t afraid to fight your case in court, if necessary. We handle every aspect of your case, so you can focus on healing and recovery. If you recently lost a loved one due to a Walmart slip and fall injury accident, we can also assist you with a Walmart wrongful death claim. Time is of the essence due to Florida’s two-year statute of limitations. Contact us today to preserve your legal rights. Return to top ↑ What Should You Do If You’re Injured at a Walmart? If you sustain slip and fall injuries at Walmart or any other retail location, your next steps could affect your ability to recover damages. Personal injury lawyers recommend the following steps: Seek medical treatment immediately; Identify the hazard(s) that caused your fall; Take photographs of the scene; Identify witnesses and obtain their contact information; Write down everything you can remember; Notify the store manager of your accident; and Contact a Walmart slip and fall attorney ASAP. If you require emergency treatment and cannot document the scene of your accident, you won’t be able to take photos or talk to witnesses. Ask someone who was with you or who witnessed the accident to...

Continue Reading

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

Category: Valuing Injury Claims |

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

Continue Reading

What Is the Average Settlement for Slip/Trip and Fall Lawsuits in Florida?

Category: Valuing Injury Claims |

If you or a loved one has sustained injuries in a Florida slip and fall accident, you may have a legal claim for compensation. But when it comes to Florida slip and fall settlements, exactly how much might you be entitled to recover?  Unfortunately, the answer to this question is not so simple.  Many people wonder whether there are any average slip and fall settlement amounts in Florida. In fact, the amount of your potential recovery may vary significantly from that of another slip and fall victim.  Determining the appropriate amount for slip and fall injuries settlements can be complicated. Thus, it is imperative that you work with an experienced personal injury law firm that can help you pursue the compensation you deserve.  The personal injury attorneys at Abrahamson & Uiterwyk know what it takes to navigate a typical slip and fall settlement. While there may not be a precise average slip and fall settlement in Florida, our team of legal professionals can help you determine the value of your potential recovery based on the facts and circumstances surrounding your case.   Overview of Florida Slip and Fall Settlements Again, there is no clear average slip and fall settlement amount in Florida. However, just because there may not be an average slip and fall settlement in Florida does not mean that there is no way to estimate what you may be entitled to recover. Rather, Florida slip/trip and fall settlements depend on the circumstances unique to each case. Several factors that might affect a Florida slip/trip and fall settlement include: Negligence of the business or landowner; Existence of a dangerous condition on the premises; Ability to prove that the business or landowner created the hazardous condition, knew of the condition, or should have known of the condition; Whether the business or landowner failed to repair the condition or to warn others about the condition; Contributing negligence of the injured party; Whether the injured party was lawfully on the premises; Severity of the injuries; Ability to prove the injuries were caused by the slip/trip and fall; and Extent of damages, including past and future lost wages, medical bills, and pain and suffering. Because Florida slip/trip and fall settlements depend on the specific facts of each case, it’s best to discuss the details of your situation with our slip and fall injury attorneys. Examples of Abrahamson & Uiterwyk Slip/Trip and Fall Settlements Abrahamson & Uiterwyk has represented over 20,000 injury victims, recovering hundreds of millions of dollars in settlements and verdicts for our clients. Below are some examples of recent trip and fall accident settlements we recovered for our clients. Of course, we can never guarantee the same or similar results. However, we hope that these case examples provide you with an idea of the types of compensation our attorneys can help you pursue.   $300,000.00/ Trip and Fall Accident / Shoulder and Wrist Injuries / Lee County, Florida In late 2018, our client was walking into the clubhouse at her condominium complex. Our client tripped over a rug that had been rolled up and placed in the doorway. The rug had been placed there by an employee of the complex. As a result of her trip, the client fell onto her left side and badly fractured her left shoulder and wrist. The shoulder and wrist each required surgery and inpatient rehabilitation. After the client was released from the rehabilitation facility, the complex’s insurance company reached out to the client and assured her that they would “take care of everything.” When communication with the insurance company broke down, the client called Abrahamson & Uiterwyk. It was only after Abrahamson & Uiterwyk sent the insurance company a formal demand for payment that the insurance company became open to negotiation. As a result of several subsequent telephone conferences with the insurance company, Abrahamson and Uiterwyk settled the claim for $300,000.00. $850,000 Premises Liability Settlement  Our 49-year-old client was injured when she sat on a fitting room bench at a department store. The bench collapsed, and the Plaintiff fell to the ground. As a result of this incident, the Plaintiff suffered multiple injuries to her hip and back. We settled her premise liability case for $850,000. $689,000 Slip and Fall Premises Liability Settlement Our client sustained a back injury when he slipped and fell at a Wal-Mart. We settled this case for $689,000. $650,000 Trip and Fall Premises Liability Settlement We obtained a $650,000 settlement for our client who tripped over cables and fell headfirst into a concrete barrier. Feel free to browse other premises liability case results featured on our website. Return to top ↑ What Factors Will Most Impact the Amount of my Florida Slip/Trip and Fall Settlement? Whether you can settle your premises liability claim may depend on whether you can prove the defendant’s negligence. To provide liability for your slip/trip and fall, Florida requires that you establish the following: You were legally on the property, The business or landowner had a duty to inspect the property and to keep it reasonably safe, The business or landowner breached this duty by failing to take reasonable steps to remedy the danger, and This breach caused your injuries. It is important to note that you must be able to prove each of these elements to have a successful slip and fall claim. Also, the following factors can affect the amount of your Florida slip and fall settlement: The extent of your damages, and The amount that your negligence contributed to your injuries. Our lawyers can help maximize your settlement amount by assisting you in showing that the defendant is liable. We can also help you calculate your damages for a fair settlement. Return to top ↑ What Evidence is Most Critical in a Florida Slip/Trip and Fall Case? As the plaintiff, you and your attorney must present evidence of the defendant’s liability for your fall. Evidence that is critical in a Florida slip/trip and fall case can include: Photographs of the dangerous condition and the surrounding...

Continue Reading

How to Get Your Florida Highway Patrol Accident Report

Category: Get Your Accident Report |

Obtaining Your FHP Crash Report Learn your options for getting a copy of your accident report from the Florida Highway Patrol. A Florida Highway Patrol (FHP) accident report includes all the information from your accident. You can use this report to tell your insurance company about the crash and file a personal injury claim against the at-fault driver. If you were in a car accident in Florida, you need to get a copy of your police report as soon as possible. We’ll explain why getting a copy of your Florida highway patrol crash report is essential and how to do so. Get Your Florida Highway Patrol Accident Report Online You can also get a copy of your Florida highway patrol crash report online. Go to the Florida Crash Portal and search your report number if you have it. Online crash reports cost $10 per report, plus a convenience fee of $2. After purchasing your report, it will be available online. You will receive a download link in the email address you provided on the request form. Make sure to download your report within 48 hours. Get Your Florida Highway Patrol Crash Report In-Person You can pick up your Florida highway patrol traffic crash report at the Florida Highway Patrol Troop Station near where the crash occurred. To view a list of FHP Station locations, please see this list.  All stations are open Monday through Friday from 7:00 am to 5:30 pm. Be sure to bring a form of personal identification, such as a valid driver’s license.  If you’ve recently suffered injuries because of a car accident in Florida, it’s in your best interest to have your case reviewed by a legal professional. You may be entitled to damages, and a car accident lawyer can help you understand your best course of action. Get Your Florida Highway Patrol Crash Report by Mail If you request your Florida highway patrol crash report by mail, it will cost $10 per report. Mail report requests to: Florida Department of Highway Safety and Motor Vehicles Crash Records2900 Apalachee Parkway, MS 28Tallahassee, FL 32399 Include payment for the report with your request. Check or money order must be made out to “FLHSMV.” After mailing your request, you should receive your crash report in 4-6 weeks. Why Is It Important to Get a Copy of the FHP Accident Report? Police officers always create a report at the scene of the accident with details about the crash. Accident reports include the officer’s account of the accident and any other information. Accident reports contain essential information such as: Time, date, and location of the accident; Involved parties and their insurance information; Any tickets administered; Driving conditions during the accident; Damage to vehicles; Injuries; and Any other relevant information. Get a copy of your Florida highway patrol traffic crash report as soon as possible. The details in these reports could be helpful for your personal injury claim. A Car Accident Lawyer Will Evaluate Your Claim for Free If you were in a car crash in Florida, we want to help you and your family through this challenging process. Our car accident attorneys at Abrahamson & Uiterwyk can answer any questions you have about getting your Florida highway patrol accident report. For help getting your Florida Highway Patrol accident report, or to discuss your case with an experienced attorney, contact us today.

Continue Reading

Florida Personal Injury Statute of Limitations Quick Facts

Category: Articles & FAQ |

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

Continue Reading

Understanding Florida’s Wrongful Death Statute

Category: Articles & FAQ |

The sudden loss of a loved one from another’s carelessness can leave family members wondering how to find justice. A Florida wrongful death claim might be the answer. If you have lost a loved one, and you’d like to discuss your case with an experienced wrongful death attorney, we are ready to listen. Call us, or complete the short form below, to speak with an attorney from Abrahamson & Uiterwyk. FLORIDA WRONGFUL DEATH FAQ What is a Florida Wrongful Death Claim? A wrongful death claim is a legal action brought by the survivors of a person killed by the negligent, intentional, or reckless behavior of another person. Money cannot bring a loved one back. However, a wrongful death suit can hold the defendant accountable and offer some comfort to grieving family members. Deciding to file a wrongful death claim after the death of a loved one is a deeply personal choice. When you are ready to talk with a wrongful death attorney, our legal team at Abrahamson & Uiterwyk is here to help you pursue justice. Return to top ↑ FLORIDA WRONGFUL DEATH STATUTE FAQ What Are the Common Causes of Wrongful Deaths in Florida? Wrongful death claims arise out of many types of conduct. However, several common causes of wrongful death include: Car accidents, Pedestrian and bicycle accidents, Unsafe working conditions, Unsafe commercial and residential premises, Medical malpractice, Dangerous products, Preventable child deaths including accidental drowning, and Accidental poisoning. If your loved one died because of another person’s misconduct, contact our wrongful death lawyers. You might be able to file a wrongful death claim. Return to top ↑ FLORIDA WRONGFUL DEATH ACT FAQ Who Can File a Wrongful Death Suit in Florida? The Florida wrongful death statute allows the victim’s estate to sue on behalf of the surviving family members. The personal representative can bring a case against a person whose “wrongful act, negligence, default, or breach of contract or warranty” caused the victim’s death. If the victim lived and could have recovered damages against the defendant, then the personal representative might have a wrongful death claim on behalf of the estate instead. Under the wrongful death statute, Florida permits a personal representative of the victim to sue. If the victim appointed a representative in a will, that person can act as the plaintiff. If the victim did not leave a will, the personal representative is the surviving spouse or one of the victim’s other family members. The personal representative is the plaintiff in a wrongful death action. However, the representative recovers any damages for the benefit of the victim’s surviving family members and/or the estate. Return to top ↑ How Much Is a Wrongful Death Lawsuit Worth in Florida? We understand that in many cases, wrongful death claims are filed for two reasons: to achieve justice for the wrongdoing, and to provide financial stability when your world has been turned upside down through the loss of a loved one. Unfortunately, because each case has a unique set of facts, there is no meaningful way to determine the average value of a wrongful death claim. If you would like an educated determination of how much your wrongful death lawsuit is worth in Florida, it is important to speak to an experienced attorney. They will be able to evaluate the facts of the case, conduct investigations if necessary, determine the kinds of damages you should seek, and present the best course of action to receive maximum compensation for your loss. Return to top ↑ FLORIDA WRONGFUL DEATH STATUTE FAQ What Damages May Be Claimed in a Florida Wrongful Death Lawsuit? Damages That Can Be Claimed by Relatives In Florida, wrongful death damages available to surviving relatives are set out in Florida Statute section 768.21. Mental pain and suffering Certain surviving family members might recover damages for their personal pain and suffering caused by the death of their loved one. Not all relatives can recover for pain and suffering. A surviving spouse and a child under the age of 25 are generally eligible for these damages. However, an adult child can recover pain and suffering damages if there is no surviving spouse, except in medical malpractice claims. The surviving parents of the victim can recover these damages if there is no surviving spouse or minor children, unless medical malpractice is the basis for the wrongful death claim. Loss of companionship and protection Certain surviving relatives can also recover damages for loss of guidance, instruction, cooperation, and support. A surviving spouse and a minor child are eligible for loss of companionship and protection damages. An adult child might recover these damages, but only if there is no surviving spouse. Loss of support and services Each surviving family member might recover lost past and future contributions of the deceased. Contributions include money, property, and physical labor. For example, a surviving spouse might recover the value of housekeeping services that the deceased spouse contributed and would have continued to contribute if not for their unexpected death. Medical bills and funeral expenses  Any family member who pays for the victim’s medical and funeral expenses might recover those expenses as damages. If the decedent’s estate paid the costs, the estate can recover the loss in damages. Damages That Can Be Claimed by the Estate The deceased’s estate might also recover the following damages: Lost earnings The estate might recover future lost earnings of the victim. Future lost earnings include, for example, pension benefits that the deceased likely would have earned. Lost accumulation of value of the estate The estate also may be able to recover the value of investments or income that the estate would have accumulated if the victim had not died. Return to top ↑ How Is a Florida Wrongful Death Settlement Paid Out? Under the wrongful death statute in Florida, the compensation from a settlement or jury award must be distributed equally among all beneficiaries. If the adult beneficiaries can come to an agreement on a specific plan for allocation, the court will generally...

Continue Reading

[ STUDY ] The 10 Florida Counties with the Highest Drunk Driving Fatality Rates

Category: Original Research |

Putnam County tops the list with a devastating 24 drunk driving deaths per 100,000 people annually. In the United States, drunk driving is a deadly scourge. According to the National Highway Traffic Safety Administration, drunk driving claims a life every 48 minutes. As personal injury attorneys we regularly bear witness to the tragic aftermath of drunk driving. Many of our clients are those who are left behind to pick up the pieces after someone’s decision to drive drunk ends in destruction, injury, and death. Despite the efforts of legislators, educators, law enforcement, and countless advocacy groups, the problem of drunk driving persists in Florida, with some regions of the state being particularly, tragically, afflicted. Given their size it’s easy to understand why some large Florida cities – Miami, Tampa, Orlando, etc. – would experience the most total drunk driving crashes and fatalities. However, if you look at the numbers on a per-capita basis the results are surprising. For complete details on the methodology used to come up with these rankings, click here. The 10 Florida Counties with the Highest Drunk Driving Fatality Rates View full size #1 Putnam County Drunk driving deaths per 100k: 23.75 Putnam County has a modest population of 73,252 residents and is between Jacksonville, Gainesville, St. Augustine, and Daytona Beach. Its location might explain why it tops the list with a drunk driving death rate of 23.75 people per 100,000 people. #2 Columbia County Drunk driving deaths per 100k: 19.44 Columbia County has even fewer residents, with an estimated population of just over 69,968 people and a lower five-year average for drunk driving deaths than Putnam County. Its rate is about 19 fatalities per 100,000 people, putting it in second place on our list. #3 Marion County Drunk driving deaths per 100k: 11.65 Marion County is our first highly populated county on the list, with 353,526 people, and a more robust public bus system. There were 39 drunk driving deaths in 2020, a decrease from 54 deaths the year before. The five-year average places it as third worst for drunk driving fatalities. #4 Nassau County Drunk driving deaths per 100k: 10.59 Nassau County is the most northeastern county in Florida, close to Jacksonville and several military bases. With a population of 83,098, its drunk driving fatality rate, based on its five-year average, comes out to about 10 deaths per 100,000 people. #5 Alachua County Drunk driving deaths per 100k: 8.36 Alachua County also has a larger population and is home to Gainesville and the University of Florida. It saw a high of 44 drunk driving deaths in 2019, but the five-year average is 22 deaths annually. It’s the first county on our list to have a rate below 10 per 100,000 people. #6 Highlands County Drunk driving deaths per 100k: 8.12 Highlands County has a modest population of 103,437, and its biggest cities are Avon Park and Sebring, with about 10,000 people each. Its five-year average is eight deaths per year. Despite fewer deaths than in Alachua County, it has a similar drunk driving rate. #7 Flagler County Drunk driving deaths per 100k: 7.47 Seventh on our list is much like the sixth. Flagler County has a population of 109,801, and its largest city is Palm Coast. This county also has a five-year average of eight drunk driving deaths each year, with a rate of just over seven deaths per 100,000 people. #8 Duval County Drunk driving deaths per 100k: 6.73 Duval County has over 936,000 people, making it the most populous county on our list. It boasts Jacksonville, Jacksonville Beach, Atlantic Beach, and Neptune Beach and sees more drunk driving deaths each year than these other nine counties. In fact, its five-year average is 63 drunk driving deaths annually. Despite this total, the overall rate is fewer than seven per 100,000 people. #9 Citrus County Drunk driving deaths per 100k: 6.61 Citrus is a mid-sized county with a population of just over 145,000 people. Its largest community is Homosassa Springs, despite being an unincorporated area. Citrus County averaged fewer than 10 drunk driving deaths the past five years, but its rate per 100,000 people is similar to Duval County. #10 Martin County Drunk driving deaths per 100k: 6.41 Martin County rounds out our top 10 list. It’s similar to Citrus County, with a slightly larger population of 159,000. It averaged 10 drunk driving deaths annually over the past five years, resulting in a rate of six deaths per 100,000 people. Methodology Using FDOT’s Traffic Safety Dashboard we obtained county-level Florida crash data for all Impaired Driving crashes over five years, from 2016 to 2020. We narrowed the list of counties down to only those with a population of over 50,000 (41 counties). We calculated the average number of drunk driving fatalities per year, per county over the five year span. To determine the number of drunk driving fatalities per year, per 100k people we used the following formula:Average annual drunk driving fatalities ÷ (total population ÷ 100,000) = Drunk driving fatalities per 100k

Continue Reading

Common Motorcycle Accident Injuries

Category: Articles & FAQ |

Whether you choose to ride your motorcycle as a hobby or as a commuter vehicle, you know that riding a motorcycle is different from driving a car or a truck. Exposure to the elements, greater maneuverability, finding your inner zen, the health and fitness benefits—riding a motorcycle has it all. Despite the fun of riding a motorcycle, however, doing so is objectively more dangerous than riding in a car. The fact that you don’t have a metal cage surrounding and protecting your body and the fact that you are harder to see than other vehicles on the road are just two elements that increase the rate of motorcycle injuries compared to driving cars. Knowing that riding a motorcycle can be dangerous, you naturally want to know how to be safer as a motorcyclist. If you know the most common motorcycle injuries, you can take specific steps to avoid those types of injuries. As with driving a car, your safety is never a guarantee when you are on the road, but this makes the things you can control yourself all the more important. Abrahamson & Uiterwyk cares about your safety, so we’ve compiled a list of the most common motorcycle accident injuries. Most Common Motorcycle Accident Injuries According to the National Highway Traffic Safety Administration, the most common motorcycle injury is a lower leg fracture. While a lower leg fracture itself is the most common motorcycle injury, taken as a whole, the leg and foot area are the most common areas of motorcycle injury. These include foot and ankle fractures and road rash on the leg and foot. Some of the other motorcycle accident injuries include things like: Fractures of arms, wrists, and hands; Road rash of arms, wrists, and hands; Back muscle injuries; Neck muscle injuries; Spinal injuries and fractures; Traumatic brain injuries; and Internal injuries like internal bleeding or organ damage. None of these injuries are uncommon in a motorcycle accident. While all these injuries can be significant, the most serious possible injury in a motorcycle accident is any injury to your head.  How to Ride Safely To avoid any injury, the best thing you can do is to ride as safely as possible. Following these safety tips doesn’t entirely remove the danger inherent in riding a motorcycle. However, it will reduce your chance of injury, severe or otherwise. Best of all, these are proactive steps that you can take. Wear a Helmet In 2016 alone, helmets saved an estimated 1,859 motorcyclists’ lives in the US. Wearing a helmet helps reduce the risk of death in motorcycle accidents by nearly 40%. In addition, motorcyclists riding without a helmet are three times more likely to suffer from traumatic brain injury (TBI) than their helmeted counterparts. Wearing just any helmet isn’t enough to save your life, though. First, make sure your helmet fits well. Your helmet should be the right size and shape for your head. If your helmet does not fit well, it might fall off in an accident. A helmet that is too big will allow your head to bounce around in an accident, which will increase the risk of TBI. Ensure that your helmet is NHTSA certified, and after five years of use, be sure to get a new one. Check out the NHTSA’s guide on choosing the right helmet for you. Use Other Safety Gear On top of wearing a helmet, you can make your ride safer by wearing other protective gear. To help reduce the risk of ankle and foot injuries, wear a sturdy pair of boots whenever you ride. To avoid road rash, be sure to wear pants and a jacket that are designed to protect. A pair of jeans will rip almost immediately if you skid across the road, which is sure to cause road rash. Some motorcycle jackets, pants, and suits offer extra padding or armor, which also reduces the risk of muscle damage. Whatever you do, don’t go out for a ride in shorts and sandals.  Ensure Visibility Since a motorcycle is smaller than a car or truck, you are at a visibility disadvantage whenever you ride. To make sure you are as visible as possible, always check every one of your motorcycle’s lights to ensure they are in working condition. Consider carrying a couple of spare lights with you when you go out for a ride so you can replace them on the go if necessary. If you ride your motorcycle at night, consider purchasing a reflective vest or other reflective material to enhance your visibility to other vehicles on the road. If they can’t see you, they can’t avoid you. Don’t Drive in Bad Weather If You Can Avoid It Driving in the rain makes it easier for you to skid out even if another vehicle does not strike you. It also makes it more difficult for you to see your surroundings, which is also true for other vehicles on the road. Drive Carefully Perhaps most importantly, drive carefully. Don’t ride in other vehicles’ blind spots, focus on the road, and avoid distractions, never drive if you are intoxicated, and follow the rules of the road. Driving carefully is entirely in your hands. Don’t increase the danger level of riding a motorcycle; drive carefully. Have You Suffered from a Motorcycle Accident Injury? At Abrahamson & Uiterwyk, we have helped motorcyclists fight for their legal rights for over 30 years. Motorcycle accidents are one of our firm’s focus areas, so we have the experience necessary to help you through any type of motorcycle accident. We have proudly served over 20,000 injured clients throughout Florida and are proud to have an A+ rating from the Better Business Bureau along with a “Best Law Firm” rating from US News & World Report. If you have suffered from a motorcycle accident injury, don’t hesitate—contact us today for a free consultation and get the legal help you deserve.

Continue Reading