Name: Legal Services
Brand: Abrahamson and Uiterwyk
Rating: 4.9 (350 reviews)

Average Herniated Disc Injury Settlements with Steroid Injections in Florida

Nov 15, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that herniated disc injury with steroid injections victims can get in Florida settlement. How Much Does Steroid Injections Increase Settlements in Florida? Many of our clients wonder whether the treatment they receive for a herniated disk, such as steroid injections, impacts their settlement. The answer is yes. After suffering a herniated disk because of another person’s negligent behavior, you can demand compensation. The insurance settlement or court award may cover your medical bills, out-of-pocket expenses, pain and suffering, and more. We calculate your past and future medical care costs to determine a fair value for your claim. According to the herniated disc injury with steroid injection settlement examples listed on this page, the typical Florida bulging disc injury settlement and payout is anywhere from $300,000 to $530,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for herniated disc injuries in Florida. Here’s how to learn how much your steroid injection settlement is worth, reach out to Abrahamson & Uiterwyk. We know how to negotiate herniated disc injury settlements with steroid injections in Florida. Recent Herniated Disc Case Examples Near You At Abrahamson & Uiterwyk, we take injury cases very seriously. We know the pain you have suffered, and we know that financial burdens make everything seem overwhelming when you are trying to heal from serious injuries. We pride ourselves on leaving no stone unturned when advocating for our client’s right to financial recovery. After we assess the value of your claim, we don’t stop until we recover what you deserve. While we cannot guarantee the outcome of your claim, here are two recent case examples our lawyers handled that we hope will demonstrate our persistence and commitment to our clients. Let us help you with your 2 epidural injection settlement. Herniated Disc Injury with Epidural Steroid Injection—$300,000 Recovered In this recent case, our client, was driving in Citrus County. As they proceeded northbound on Suncoast Parkway near the intersection of Veteran’s Drive, they slowed their vehicle in preparation for making a right-hand turn. The defendant was following behind them as they slowed their vehicle. But as our client slowed to make the turn, the defendant did not stop or even slow down. Consequently, he struck their car from behind. Our client was immediately transported to the emergency room where doctors tended to multiple injuries. Because their pain persisted, our client decided to see a chiropractor. The chiropractor ordered MRI scans of her neck, lower back, and left shoulder. These scans revealed: Rotator cuff tears to two tendons located in our client’s shoulder; and Multiple herniated disc injuries. Our client experienced severe pain as a result of these injuries. To address the neck pain, our client’s doctor treated them with a cervical epidural steroid injection. To repair the torn tendons in their shoulder, our client underwent two separate surgeries. In this case, we took a two-pronged approach to get our client maximum compensation for the pain and injuries. First, we presented a demand to the defendant’s insurance company. In this demand, we documented their serious injuries as well as the treatments they had undergone in an effort to heal. After receiving this documentation and engaging in negotiations, the defendant’s insurance company became convinced that the defendant was, in fact, liable for our client’s injuries. They eventually agreed to pay out the defendant’s policy limit of $250,000. But we believed that their case warranted additional compensation, so we did not stop there. Our client had uninsured motorist coverage under their own policy with GEICO, which carried a $50,000 policy limit. However, after presenting the claim to GEICO, they decided that the case was not worth any additional compensation and made a lowball offer of $1,000 to make the case go away. We rejected that offer and threatened to file a lawsuit accusing GEICO of bad faith negotiations. The lawyers at Abrahamson & Uiterwyk stood firm. We gave GEICO a deadline by which they could pay their policy limit amount or face a lawsuit, possible trial, and potentially high jury verdict. The insurer waited out the deadline, but in the end, they recognized their predicament and paid out the policy limit of $50,000. This provided our client with a total settlement amount of $300,000 for their injuries. Herniated Disc Injury with Epidural Steroid Injection—$530,000 Recovered In another recent case, our client, was simply doing his job. He was working in his truck at a construction site on Interstate 75 when a crash occurred. A passing truck was towing a utility trailer while driving down the highway. The police later found that the defendant driver had negligently failed to properly secure his load before heading out. As he drove past the construction site, the trailer dislodged from the truck and went careening into our client’s construction vehicle. Our client was transported to the emergency room and diagnosed with a lower back fracture as well as herniated disc injuries. Doctors initially attempted to treat him without surgical intervention, but these attempts failed. Our client had to endure multiple epidural steroid injections and nerve ablation surgery in an effort to recover from his severe injuries. Unfortunately, even this treatment was not enough, and he had to have a lumbar spine fusion several months after the crash. Before filing a lawsuit on behalf of our client, we agreed to submit to voluntary mediation where we negotiated with the defense in the presence of a trained mediator. However, the defense refused to settle on any amount above $400,000. Our lawyers knew that this amount was inadequate and would not make our client whole, so we rejected that offer, and mediation reached an impasse. We continued to persist and pushed the case forward until we convinced the defense to settle the case for an additional $130,000. This provided our client with a grand total of $530,000 in compensation for his injuries. What Is a Herniated Disk? A herniated...

What Does it Mean if My X-rays are Negative After an Injury?

Nov 10, 2022 | Category: Personal Injury | By Erik Abrahamson

What does it mean if my x-rays are negative after an injury? If your x-ray is negative, meaning it does not show injury or damage, it does not mean you are not hurt. Car accidents especially can lead to hidden damage and injuries that are not always immediately apparent in a negative radiograph. You may be wondering, “if my x-ray is negative after a car accident or injury, how do I know if I am injured?” Here’s how. When you’ve been involved in an accident, whether it’s a car accident or a slip and fall, it’s very important to seek medical treatment as soon as possible. Your doctor should run tests to determine whether you’ve been injured including an x-ray. If you’re still having pain or you believe you’ve been injured, there are other tests that a doctor should run to determine whether you’ve been injured. In this post, you will learn about the most common diagnoses and a negative x-ray (or radiograph) meaning. Skip To: Common Diagnostic Tests – Contact a Trusted Accident Attorney Common Diagnostic Tests After A Car Accident Or Injury In Florida Generally speaking, a doctor will order an x-ray first to determine if there are any obvious injuries. An x-ray can rule out things like larger broken bones, dislocated joints, or some other internal injuries. There are other tests that should also be performed including: CT Scan (computed tomography scan)—a CT scan produces an x-ray image but can be used to create detailed images of bones, internal organs, and blood vessels. A CT scan creates more detailed images than an x-ray. Sometimes a doctor will order a CT scan with contrast which means that you will drink a dye in order to make the images more pronounced. CT scans are used to show internal bleeding, damage to organs, and smaller broken bones. If you have possible head trauma or trauma to your internal organs, a doctor will likely order a CT scan. MRI (magnetic resonance imaging)—an MRI works by using a magnetic field and radio wave pulses to produce pictures of the inside of the body. Patients are usually placed inside an enclosed tube for several minutes while images are taken. MRIs can show injuries that other tests can’t because of the detail of the images. For example, for neck and back injuries an MRI can be used to determine whether you have herniated or bulging discs. Cartilage and muscular tears can also be shown with an MRI. Contact a Trusted Accident Attorney Near You In Florida If you’ve been injured in a car accident or a slip and fall, you should get in touch with an experienced and trusted personal injury attorney. The attorneys at Abrahamson & Uiterwyk have over 30 years of experience helping the injured, and they’re here to help you. Contact us online or call us at 1-800-538-4878 today to schedule your free consultation. What Our Clients Say “I had a great experience with Tom Gacio! He showed he cared about me while I went through a rough recovery from an auto accident. He was honest, responsive and diligent. I would highly recommend him and his firm to anyone who is injured in an accident. Thank you, Tom!!!” Tenille T.Rating 5/5 ⭐⭐⭐⭐⭐See our 4.9 rating and read more of our 344 reviews on Google!

Aggravated Injury Settlements

Nov 9, 2022 | Category: Personal Injury | By Erik Abrahamson

Pre-existing Injuries and Your Personal Injury Case Not every victim of someone’s negligence comes into a situation with a perfectly healthy body. Many people have some form of a pre-existing injury, whether it’s serious or minor, that existed prior to the incident. Whether this injury includes knee pain, spine injuries, hip pain, or a shoulder injury, pre-existing injuries won’t necessarily derail your personal injury claim. New Injuries If you’ve developed new injuries in addition to any pre-existing injury, then you still may be able to receive compensation for any new injuries caused by negligence, in addition to any aggravated injury compensation you are eligible for. Your medical records and the testimony of a medical expert may be used to establish which injuries you had prior to the accident and which injuries were the direct result of the incident in question. Aggravation of Injuries While you are not entitled to payment for injuries that existed before an accident, you may be entitled to compensation for the degree to which any pre-existing injuries were aggravated or exacerbated by someone else’s negligence. Aggravation of a pre-existing injury means that your injury was made worse as a result of the incident in question. Examples of aggravated injuries include: Neck and back pain Knee injuries Shoulder injuries Arthritis Herniated discs Degenerative disc disease Prior bone fractures Prior head injuries In the case of aggravation of a pre-existing injury, you may be compensated for the degree of exacerbation and not for the entire injury. You may not be compensated for the treatment you were already undergoing as the result of your pre-existing injury but may be compensated for any additional care that was required. Proving the aggravation of an existing injury requires a thorough and extensive review of medical records and current medical examinations to compare an individual’s condition before and after an accident. A defendant can’t avoid liability simply because a plaintiff was more prone to injury due to a pre-existing condition. A negligent party will still be liable even if the plaintiff was more susceptible, due to a health condition, to being seriously injured. Average Settlement For Pre-Existing Injuries According to the settlement examples listed on this page, the typical Florida aggravated injury settlement is anywhere from $400,000 to $1,600,000. Settlements depend greatly on the unique circumstances of each case, so the amount for aggravated injury car accident settlements in Florida varies greatly. Pre-Existing Injuries Settlement Amount In one case, our client and his spouse were in a vehicle, traveling on a road in the same direction as the defendant’s vehicle, when the defendant pulled off onto the shoulder of the road and made an illegal U-Turn in front of our clients’ vehicle. Both of our clients suffered injuries to their neck and lower back. The MRIs of the neck and lower back revealed multiple herniated discs. The husband was involved in a motor vehicle accident several years before this accident which resulted in herniated discs in his lower back. The new MRI revealed he sustained an aggravation of his previous lower back injuries. Our clients were treated conservatively for neck and back pain with multiple injections. The husband’s conservative treatment failed. The surgeon recommended that the husband submit to lower back surgery to alleviate his lower back pain and radiating symptoms caused by the aggravation to his pre-existing lower back injuries from the prior accident. The husband submitted to lower back surgery and it was a success. The wife suffered from intermittent and occasional neck and lower back pain after conservative treatment. The defendant’s insurance company merely offered the husband and wife $40,000 & $70,000 respectively to settle their claims pre-suit. Suit was filed and the case progressed through the litigation process to mediation. At the mediation, the defendant’s insurance company offered $60,000 to the husband and did not increase their offer to settle the wife’s claim. Those offers were rejected, and the case was set for trial. Two months before trial the defendant’s insurance company accepted the formal demands to settle the wife’s case for $150,000 and to settle the husband’s case for the full policy limits of 250,000 for a full and final combined settlement of $400,000. In this second aggravated injury settlement, this client’s case settled for $1,600,000 several weeks prior to trial. Our client was a passenger in a friend’s vehicle at which time his friend made an improper left-hand turn and violated the right of way of another vehicle proceeding in the opposite direction resulting in a substantial impact with massive amounts of property damage. The client was taken by ambulance to the hospital and diagnosed with a neck fracture, a subdural hematoma, and pelvic fractures. After conservative care and treatment, he was ultimately diagnosed to have the following permanent injuries: a mild traumatic brain injury; an unoperated cervical herniated disc; and an aggravation of previously existing lower back degenerative changes. In 2019, the defendant initially disputed liability and merely offered $350,000 as their “final offer”. We filed suit and proceeded to take depositions from several witnesses to establish defendant’s fault for causing the accident. Additionally, we hired several well qualified experts to examine our client who ultimately verified that the client suffered permanent spine injuries and a traumatic brain injury that would continue to affect his cognitive abilities. The case was mediated resulting in the defendant’s “final offer” of $750,000. A mediation impasse was declared, and a trial was set to take place. Defendant’s experts examined the plaintiff and eventually had to admit that our client suffered a permanent mild traumatic brain injury caused by the accident. A second mediation took place several months prior to the scheduled trial date. At that time, the defendant’s “final offer”, was $1 million. The second mediation, as with the first mediation, resulted in an impasse. Shortly after the second mediation the case settled for $1.6 million several weeks prior to trial. Contact a Trusted Florida Injury Attorney If you’ve been injured due to someone’s negligence, you should consult with experienced personal...

What’s the Average Post-Concussion Syndrome Car Accident Settlement in Florida? 2022 Case Settlement Results

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

What’s the average post-concussion syndrome car accident settlement in Florida? We’ve recovered payout settlements amounts of $300,000-$1,000,000 however, It’s impossible to calculate the average car insurance settlement involving post-concussion syndrome. Every case is unique, and the accident victim probably suffered other injuries that affect the value of their claim. Other factors, like comparative fault and insurance policy limits, impact final settlements and court verdicts, too. Car crashes can cause all sorts of harm, including traumatic brain injury (TBI). At Abrahamson & Uiterwyk, we often work with individuals suffering from collision-related head and brain injuries. We know your recovery doesn’t always progress as expected. Instead of seeing improvement over time, your symptoms may persist or even get worse. If you do suffer a concussion after your car accident or more severe TBI, we typically won’t rush into a settlement agreement. It takes time to diagnose post-concussion syndrome after a car accident, and this condition may impact the value of your settlement. Instead of relying on settlement announcements online, talk with a car accident attorney about the potential value of your post-concussion syndrome settlement. Our team looks at the details of your specific claim. We fight for an amount of compensation that makes sense based on your and your family’s needs. We’re here to guide you through the auto insurance claim process, and when it’s time, request that you receive a fair post-concussion syndrome car accident settlement. Give us a call at 866-504-2029, or contact us online to set up a free consultation at one of our offices in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland. Recent Florida Post-Concussion Syndrome Settlement Value Examples (Case Settlement Results) Case Settlement Payout For 15 Yr Old With Post-Concussion Syndrome Our client, a delightful 15 year old boy, was traveling with his stepfather when they stopped for traffic on Little Road in Pasco County, FL. The defendant, who was travelling behind them, failed to stop in time and caused a rear end collision injuring both our client and his stepfather. Prior to the accident, our client was diagnosed with a brain abnormality and a form of autism. He also experienced headaches and other related symptoms before the accident. After the wreck, he began to suffer with increased headaches. He and his family also started to notice symptoms such as short-term memory loss, difficulty concentrating and dizziness. These symptoms are the hallmarks of a post-concussion syndrome. He was diagnosed by three physicians with a concussion. We presented a comprehensive demand to the insurance company, however, they dismissed the claim of post-concussion syndrome instead blaming the problems on our client’s pre-existing conditions. This defense presented challenges since our client undoubtedly had a number of the symptoms before the accident. Additionally, post-concussion injuries are very difficult to prove. They are not always obvious and there is not always clear diagnostic testing to identify the injury. We argued forcefully that the accident had permanently aggravated our client’s condition. We had our client examined by a board-certified neurosurgeon who confirmed the diagnosis. Eventually, after a long period of negotiation and a mediation settlement conference with the other side, we were able to convince the insurance company to pay a substantial sum that would provide our client with much needed compensation. Our client and his family were very happy with the result in this case. $300,000 Lawsuit Settlement Amount For A Sarasota Post-Concussion Syndrome Our client, a delightful 39 year old lady, was traveling on US 41 near the intersection of McIntosh Road in Sarasota, Florida, when the defendant failed to stop and caused a rear end collision. The defendant later tried to blame rainy weather for the accident. Our client began medical treatment shortly after the accident with a chiropractor. She also began to experience symptoms such as headaches, dizziness, anxiety and traumatic stress, all indications of a post-concussion syndrome. She has lately evaluated by a neurologist and a psychiatrist who found that she indeed suffered a closed head brain injury. Our firm also had her evaluated by a Ph.D neuropsychologist who found that she had sustained post-concussion syndrome. Eventually we were successful in convincing the insurance company to pay their entire insurance policy limits of $300,000.00. We did so by demonstrating to them that their insured was at fault and by providing medical substantiation of the post-concussion syndrome injury. Our client was extremely pleased with the result. Our firm has considerable experience and a long history of representing victims with post-concussion syndrome and closed head injuries. Give us a call at 866-504-2029, or contact us online to set up a free consultation at one of our offices in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland. Post-Concussion Syndrome After a Car Accident In Florida A concussion is a mild TBI, which typically happens when you suffer a blow to the head. For instance, a falling object may strike you in the head, or you may hit your head on the dashboard or window during a car crash. Despite being a serious injury, most people recover fully from a concussion within three months. Unfortunately, that isn’t the case for everyone. Post-concussion syndrome, also called persistent post-concussive symptoms, is when you suffer a concussion, and the symptoms last beyond the typical recovery period. These symptoms may include: Headaches; Fatigue; Insomnia; Dizziness; Irritability Anxiety; Concentration and memory issues; Blurry vision; Ringing in the ears; Sensitivity to light and noise; and In rare cases, loss of taste and smell. These symptoms are not mild. They can make it impossible to think clearly or concentrate on your work. They can make it impossible to spend time with friends or participate in sports. After sustaining such an injury, many people feel confined and depressed at the loss of their happy, active lifestyle. Doctors aren’t entirely sure why some people suffer from post-concussion syndrome and others do not. It may be because of structural damage to the brain or disruption to the nerves caused by the TBI. Others believe the...

Average Pain and Suffering Settlement Examples in Florida

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

If you sustained serious injuries in a car accident, you might be considering legal action to recover your damages. Personal injury attorneys generally include pain and suffering in the list of damages that victims might be entitled to recover in an insurance claim or lawsuit. Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, emotional distress and mental anguish. To recover this compensation, however, the victim’s injuries must meet the statutory standards for severity. If you do qualify for pain and suffering damages in Florida, you may be curious what the average pain and suffering settlements are in cases like yours. According to the personal injury settlement examples listed on this page, the typical Florida pain and suffering settlement amount is anywhere from $650,000 to $1,000,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average for an emotional distress settlement amount in Florida. Talking to a Florida car accident lawyer near you is the best way to determine what the approximate value of your emotional distress settlement amount might be. Understanding Pain and Suffering in Florida If you’ve ever been seriously injured in an accident, you know that the damage is not always just physical. Emotional pain and suffering are part of the process. You may be entitled to legal compensation for pain and suffering in Florida from injuries caused by a liable party. What Is Pain and Suffering? The legal term “pain and suffering” refers to the physical and emotional injuries following an accident. These damages can be difficult to quantify. It is reasonable to assume that the party that caused the accident would be responsible for related damages such as medical bills and other costs that you would not have otherwise incurred. Pain and suffering damages are much more subjective, but arguably just as important. Determining Pain and Suffering In determining the amount of pain and suffering an individual has sustained, a jury or a court may look at factors such as: the extent and duration of the personal injuries sustained; type of medical treatment received; the effect these injuries have on the well-being and overall mental and physical health of the plaintiff; the limitations the injury has placed on your ability to participate in activities and whether these limitations are permanent or temporary; the limitations the injury has placed on your ability to interact with your loved ones; the mental anguish and physical pain suffered in the past, and that may be expected to be experienced in the future; length of recovery, prognosis or long term impact of the injury; any disfigurement and embarrassment associated with such disfigurement; the loss of the capacity to enjoy life; age of the victim. These factors play an important role in getting you what you deserve. Ultimately, however, it is up to a jury to determine what is reasonable in light of all the evidence in the case. Some examples of things that may be recoverable as pain and suffering damages include: If you fractured your arm in a car accident, and it causes you pain for six months, you could recover pain and suffering damages for the period of time that you are in pain and unable to engage in activities.If you were burned in a car accident, you could receive and award for pain and suffering based on the permanent physical and psychological effects of the scarring and disfigurement. Limitations of Damages Florida, like many states, imposes a cap on the amount of non-economic damages that can be recovered in some types of lawsuits. In medical malpractice claims and some claims against governmental entities, there may be caps on the amount of recovery you can receive for pain and suffering. Can I Sue for Pain and Suffering Under Florida Law? Under the Florida statutes for pain and suffering, accident victims can recover compensation “…for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease.” However, the victim’s injuries must meet at least one of the following standards: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; or Significant and permanent scarring or disfigurement. The statutes also allow recovery for pain and suffering if the victim died as a result of their injuries. In these cases, the victim’s family members can call on a wrongful death lawyer to help them pursue a claim. AVERAGE PAIN AND SUFFERING SETTLEMENTS FAQ Economic Damages vs Non-Economic Damages There are two main types of compensation in Florida personal injury cases: economic damages and non-economic damages. Economic Damages Compensation to cover actual costs of the property damage or injuries caused are called “economic damages.” This type of compensation is crucial to making sure that you are not financially burdened by the negligent actions of someone else. The downside of purely economic damages is that they do not make up for the emotional burden or life changes that may occur because of the injury. Their purpose is just to pay the bills and cover expenses that would not have existed without the accident. Non-Economic Damages Once actual expenses are covered, the injured party must still deal with the mental and emotional consequences of the accident. Pain and suffering is a claim to cover these “non-economic” damages. Non-economic damages may include: Mental anguish, Depression, Loss of quality of life, Emotional and psychological distress, Humiliation, Anxiety, Fear, Anger, and Post-traumatic stress. These types of damages are difficult to put a price on, but they can be debilitating and life-changing. You deserve to be compensated for your pain and suffering. Is There an Average Pain and Suffering Settlement Amount in Florida? A pain and suffering claim is worth anywhere from $650,000 to $1,000,000 based on the examples that are listed on this page. Various factors impact the settlement value and every single personal injury case is different, and this is true even for each pain and suffering claim. If...

Florida Personal Injury Statute of Limitations Quick Facts

Oct 16, 2022 | Category: Articles & FAQ | By Erik Abrahamson

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. According to Nolo, a “statute of limitations is a state law that sets a strict time limit on your right to file a personal injury lawsuit”. What is the statute of limitations for personal injury in Florida? The statute of limitations for personal injury in Florida depends on the claim type. Florida Statute of limitations section 95.11 (3) (a) 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. 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 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 personal injury statute of limitations in Florida, 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. 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 Florida bodily injury statute of limitations for car accidents 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 Florida PIP statute of limitations 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 that a Florida 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 bodily 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:...

Average Travelers Insurance Personal Injury Settlement Amounts in Florida

Oct 11, 2022 | Category: Personal Injury | By Erik Abrahamson

If you have a claim with Travelers Insurance, you might be curious how the claims process works and what average Travelers Insurance settlement amounts are. Pursuing a personal injury claim on your own through a third-party insurance company can be a stressful and frustrating process. Fortunately, the Florida personal injury lawyers near you at Abrahamson & Uiterwyk have developed an excellent reputation for successfully helping Florida clients get the compensation they deserve. We can help you when you need to open a Travelers Insurance dispute claim. What Is the Average Travelers Insurance Settlement Amount? All claims are different, and many factors can influence your potential Travelers Insurance payout value. Some of the most significant factors that impact your claim’s value include injury type and severity, liability, your total amount of damages, and the available insurance policy limits. According to the examples of insurance settlement payouts on this page, the typical Florida insurance settlement payout is anywhere from $500,000 to $1,000,000. While these are not specific to Travelers Insurance, insurance settlement amounts depend greatly on the unique circumstances of each case which is why there is no accurate average insurance settlement payout. Extent of Injury Someone with a spinal cord injury and paralysis will have a higher claim value when compared to someone who sustained soft tissue injuries that healed within three months. Even similar injuries can have significantly different values. For example, someone with a broken leg that healed within three months with no residual pain complaints would likely have a lower claim value than someone who is permanently disabled due to a fractured leg. Comparative Fault Liability also plays a significant role in determining settlement value. Florida is a pure comparative negligence state, which means you can still collect a portion of your damages, even if you are partially at fault for the accident. For example, if you are 40% at fault, you can collect 60% of your damages. If you are 60% at fault, you can collect 40% of your damages. Policy Limits Available policy limits can also impact your settlement value. Two cases can be worth similar amounts, but available insurance can affect how much you receive. Consider a situation where you have $200,000 in damages. If the at-fault party only has $50,000 in insurance coverage, you won’t be able to collect the total $200,000 unless you sue the defendant directly or have other potential avenues of recovery. On the other hand, if the defendant has $500,000 in available coverage, you could receive the total value of your claim from the defendant’s insurance company. Examples of Insurance Settlement Payouts $500,000 / Motor Vehicle Accident / Fractured Collarbone / Zephyrhills, FL 67-year old female was injured when the defendant lost control and struck the vehicle that the client was a passenger in. As a result of the crash, the client sustained a fractured collarbone and neck injuries. We obtained the maximum available insurance proceeds on behalf of our client in this case. $600,000 / Motor Vehicle Accident / Neck and Knee / Homosassa, FL 38-year old female was injured when the defendant pulled out of a parking lot and struck the client’s vehicle. As a result of the crash, the client sustained a herniated in her neck requiring surgery and a damaged ligament in her knee. We obtained the maximum available insurance proceeds on behalf of our client in this case. $775,000 / Motor Vehicle Accident / Wrongful Death / Hernando Co. This unfortunate accident occurred on Cortez Boulevard in Brookville, Florida at an intersection. The defendant driver, who had a solid green light, failed to yield the right of way to the vehicle our client was driving by turning left directly into our client’s path and causing a massive impact. Our client was rushed to the hospital with multiple injuries including broken vertebrae and a fractured pelvis. Tragically, our client did not survive his injuries and passed away shortly after the accident. His son was appointed personal representative of his estate so that a wrongful death claim could be presented. In addition to our client, we also represented his wife who sustained significant injuries. Between the two cases, we were able to secure a recovery of $1,550,000.00 which was divided evenly between the claims. This was the limit of all available insurance policies. $1,008,258 / Motor Vehicle Accident / Manatee County, FL Our clients, husband and wife, were involved in a serious accident where the defendant ran a red light. He suffered back and shoulder injuries, and she had an injury to her neck. This settlement represented the maximum amount of insurance coverage available. How Long Will My Claim Take? How long it takes your case to resolve can also vary. Some claims might settle right away, while others can take several years. Claims that resolve quickly often involve significant injuries and low insurance policy limits. If it’s evident that the other party is at fault and your financial losses exceed the available bodily injury insurance, the adjuster may offer to pay the policy limits early in the process. However, be cautious of insurance adjusters who make early settlement offers. The adjuster knows your claim is worth more in many cases but wants to resolve early to cap their exposure. They hope by offering you some money now, you will settle before the actual value of your claim is revealed. If Travelers denies your claim for lack of coverage or liability, you will need to file a lawsuit. Claims that enter the litigation phase may take considerably longer to resolve. It could be several years at that point before your case goes to trial or there are further negotiation talks. Tips for Dealing with Travelers Insurance If you are unrepresented, dealing with an insurance company can be daunting. You want to keep some helpful tips in mind when dealing with Travelers to improve your chances at a better settlement. Do Not Give the Adjuster a Recorded Statement Whenever you open a claim, the insurance company will request...

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

Oct 11, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

If you sustained injuries due to a slip and fall at Walmart, you might be considering legal action. You might also be wondering how much of a settlement you could recover. Walmart has almost 5,000 stores across the United States, almost 30 of which are located in central Florida. With an average size of over 100,000 square feet, these stores can present slipping, tripping, and falling hazards of all types. For that reason, Walmart faces a constant stream of personal injury claims and lawsuits for which they have to provide payouts, specifically for slip and fall cases at their stores. If the store’s negligence or carelessness caused your injuries, you deserve compensation. Talking to an experienced premises liability lawyer is the best way to determine the value of your potential Walmart slip and fall settlement. Having a knowledgeable slip and fall attorney on your side will also protect your legal rights. An accident attorney can also help you pursue the compensation you deserve for your Walmart slip and fall settlement. How Much Is the Average Walmart Slip and Fall Settlement Amount? Slip and fall accidents in Walmart and other large retail outlets can cause serious injuries, disability, and even death. In Florida, slip and fall accidents are the number one reason that residents go to the emergency room or are admitted to the hospital—and the second leading injury cause of death. Because the resulting injuries can be so extensive, Walmart slip and fall settlement payout amounts are often higher than for other types of personal injury cases. For example: According to the Walmart slip and fall settlement examples listed on this page, the typical Florida Walmart lawsuit settlement payout is anywhere from $970,000 to $7,500,000. Settlements depend greatly on the unique circumstances of each case. A Georgia jury awarded one plaintiff a payout of $7.5 million for a broken hip. The Georgia man’s foot became lodged in a pallet that was used to support a produce display, causing him to fall and sustain serious injuries. A Florida man received a $970,000 settlement for injuries he sustained at Walmart after he slipped on water in the garden center. Another Florida plaintiff received a Walmart settlement of $1.3 million after slipping in spilled body wash and hitting her head on a display rack. Although these awards might not be typical or representative of your Walmart slip and fall case, you deserve compensation for your injuries and other damages. However, because Walmart slip and fall settlement amounts can vary so greatly, it is important to seek help from a Florida slip and fall accident lawyer for assistance. Return to top ↑ What Are Some Examples of Walmart Settlements That Abrahamson & Uiterwyk Has Achieved? Here at Abrahamson & Uiterwyk, we understand the complex nature of slip and fall claims, and we put our in-depth knowledge to work for you. $689,000.00 / Premises Liability / Walmart / Back Injury / Pinellas County, Florida We recently obtained a $689,000 premises liability settlement for a client in Pinellas County. This client sustained a back injury when he slipped and fell at Walmart. Although we cannot legally disclose the details of most premises liability settlements, you can review some of our other recent slip and fall case injury settlements or back injury payouts on our website. The experienced personal injury lawyers at Abrahamson & Uiterwyk have assisted more than 20,000 injury victims over the past 30 years. To date, we have recovered more than $800 million for our clients. We aggressively pursue a fair settlement, and we aren’t afraid to fight your case in court, if necessary. We handle every aspect of your case, so you can focus on healing and recovery. If you recently lost a loved one due to a Walmart slip and fall injury accident, we can also assist you with a Walmart wrongful death claim. Time is of the essence due to Florida’s two-year statute of limitations. Contact us today to preserve your legal rights. Slip and Fall / Walmart / Neck Injuries / Hillsborough County, Florida Our client was shopping at Walmart in Tampa when she slipped and fell on a clear liquid substance that Walmart had allowed to accumulate on the floor of their store. She suffered injuries and began to incur medical expenses, so she hired our firm to help her with her case against Walmart. Our investigation revealed that due to the fact that the flooring was extremely smooth and did not apparently possess any non-slip characteristics, the presence of the liquid created a significant and latent slipping hazard for customers. As a result of the fall, our client sustained disc herniations in her neck and her back. She sought treatment with a chiropractor and an orthopedic surgeon. She underwent injections and a procedure known as radiofrequency ablation, which involves heating the nerves in the neck in order to deaden the pain. We eventually presented a detailed demand package summarizing the case to Walmart which set forth their negligence and our client’s injuries, medical bills, lost wages and pain and suffering. Not surprisingly, Walmart disagreed with our settlement suggestion. Instead, Walmart consistently argued that the accident was not their fault since they claimed to have no notice of the condition before our client fell. Even though Walmart consistently took the position that they were not responsible for our client’s injuries, we persisted with our efforts. We continued to press the case forward. Because of our efforts, ultimately, we were able to prevail upon Walmart to recognize that they had liability for the accident, and the case was settled for an amount that paid all of our client’s medical bills and netted her a significant recovery. Return to top ↑ What Should You Do If You’re Injured at a Walmart? If you sustain slip and fall injuries at Walmart or any other retail location, your next steps could affect your ability to recover damages. Personal injury lawyers recommend the following steps: Seek medical treatment immediately; Identify the hazard(s) that...

Florida Seat Belt Laws – Front and Back Seat Belt Laws

Oct 6, 2022 | Category: Car Accidents | By Erik Abrahamson

Are seat belts required in Florida? According to seat belt laws near you in Florida, seat belts are required. However, the rules and laws can vary depending on where you sit in a vehicle (front seats vs rear seats), and the age of the passenger. Jump To: Front Seat Belt Laws – Back Seat Belt Laws – Risks Wearing a seatbelt while driving or riding in a car should be second nature to most people. Not only is it the law in most states, but it can also save your life. Florida Seat Belt Laws for Front Seats Drivers and front-seat passengers are required to wear seat belts in Florida. It is illegal to operate a motor vehicle without wearing a seatbelt. Failing to wear a seat belt is a primary offense, meaning police can pull a driver over for not wearing a seat belt even if they weren’t committing any other traffic offenses. Florida Seat Belt Laws for Back Seats Do you have to wear a seatbelt in the backseat in Florida? According to seat belt laws in Florida, adults (18 and over) back seat rear passengers are not required to wear seat belts. However, 29 states and the District of Columbia require that adult backseat passengers wear seat belts. Children under 18 are required to wear seat belts regardless of where they are in the motor vehicle. Failure to have a child in a seat belt or a car seat is a primary offense. The idea that the back seat is somehow less dangerous than the front seat is false. The laws of physics are not suspended just because you are in the back seat. An unrestrained passenger can still be hurled into the seat in front of them. Risks of Not Wearing a Seat Belt in a Vehicle We all know wearing a seat belt in the car is the safest choice. In the United States, close to 90% of people wear seat belts. According to the National Highway Traffic Safety Administration (NHTSA), seat belt usage saved close to 15,000 lives in 2017 alone. Unbelted passengers increase the risk of injury or death to other occupants of the vehicle by 40%. The impact of a passenger on the seat in front of them can be very dangerous to the passenger and to others in the car. Impact on the driver seat can cause the driver to hit the steering wheel. In addition, in a side-impact crash, an unbelted driver in the back seat can slam into the passenger sitting next to them. Federal crash statistics find that passengers in the rear are three times more likely to die in a car accident if they fail to wear a seat belt. According to the Center for Disease Control and Prevention (CDC), seatbelt use reduces serious crash-related injuries and death by about half. More than half of teens and adults who died in car accidents in 2016 were not buckled up at the time of the crash. Florida’s lack of a law requiring the use of seat belts in the rear of the car sets a dangerous example. Because rear seat belts are not required for adults in Florida, many people feel they are safe in the back seat without a seat belt. Can Not Wearing a Seatbelt Affect Your Personal Injury Claim? If you are seriously injured in a car accident as the result of another driver’s negligence, you may still have a claim against the driver even if you weren’t wearing your seatbelt at the time of the accident. However, the fact that you weren’t wearing a seatbelt could be used as proof that you were at least partially responsible for your own injury. Florida operates under the doctrine of comparative negligence, meaning that your recovery for an accident will be limited by the amount of your own responsibility for your injuries. So,if a jury finds that you suffered $100,000 in damages as a result of a car accident, but that you were 25% at fault for the injuries because you failed to wear a seatbelt, then you would only be entitled to recover $75,000 from the at-fault driver. A jury would have to consider whether the injuries could have been prevented or could have been less severe if the victim had worn a seatbelt. Contact an Experienced Car Accident Attorney Near You In Florida Today – No Obligation! If you’ve been injured in a car accident, consult with an experienced car accident attorney near you. At Abrahamson & Uiterwyk, we have been helping car accident victims for over 30 years. Contact us online or call us at 800-538-4878 to set up your free, no-obligation consultation today. Reviews Of A Seat Belt Laws Lawyer Near You In Florida Read this 5-star Google review below! “I was involved in a traffic accident on December 31st, 2014. I was rear-ended when I was stopped. I was taken by the rescue squad to Winter Haven Hospital for evaluation. I was very dizzy and was experiencing pain across my left shoulder and neck. My chest was sore from hitting the steering wheel. My seat belt was on, and the airbag did not deploy. It caused almost $5000 in damage to the trunk of a 2013 Toyota. I called Abrahamson and Uiterwyk and they came to me. My physical therapy and Dr. visits began immediately. The whole procedure involving the Law firm took about 2 years to complete the settlement. They were very good about answering questions and keeping us informed. I would strongly recommend their firm. I do hope I would never need them again but if I did, they are the ones I would call.” By: Mary G. Rating: 5/5 ⭐⭐⭐⭐⭐ Read more reviews on Google!

Does Physical Therapy Increase Settlement?

Oct 6, 2022 | Category: Car Accidents | By Erik Abrahamson

While every case is different, physical therapy can help increase settlement amounts in some cases. For example, the courts and insurance companies may not take your word for how bad your pain is after an accident. However, physical therapy records documenting that your pain was a “10” on a scale of 1-10 provide strong, documented evidence from a medical professional. This may assist in increasing the total of your settlement offer. Will Physical Therapy Increase My Settlement? If you need physical therapy after an accident, your claim’s value will likely be higher than it would otherwise. In addition to physical therapy, you could be entitled to recover compensation for your medical treatment, lost income, emotional trauma, and more. If you suffered serious injuries in a Florida car accident, you face a long and painful road to recovery. Getting the best possible medical treatment and care can help you achieve a full recovery. If you don’t get the care you need, however, you could find yourself with chronic pain and even long-term disability. For many injury accident victims, physical therapy can have a significant effect on their recovery. Unfortunately, insurance companies don’t like to pay the high cost of therapeutic and rehabilitation services. An Effective Car Accident Injury Lawyer is Your Best Asset When it comes to maximizing accident settlement amounts, an experienced personal injury team with a proven track record is your best asset. The Florida car accident lawyers of Abrahamson & Uiterwyk fight to get our wrongfully injured clients the justice and financial compensation they deserve. We offer a free consultation for injury accident victims to help provide you with the information you need regarding the potential value of your car accident physical therapy settlement. How Much Is the Average Car Accident Physical Therapy Settlement? Every injury accident victim’s injuries and experiences are unique. For this reason, it is difficult to accurately estimate any average car accident settlement—with physical therapy or without. According to the settlement examples listed on this page, the typical Florida physical therapy settlements is anywhere from $110,000 to $300,000. Settlements depend greatly on the unique circumstances of each case, so the amount for physical therapy car accident settlements in Florida varies greatly. Settlements typically include compensation for all the victim’s economic and non-economic damages. Economic damages include medical treatment, testing, physical therapy, prescription medications, and related services. These damages are easy to document and establish a value for. It is typically safe to conclude that any claim involving physical therapy will have a higher value than one that does not include those services. Noneconomic damages for things like pain and suffering may also be higher where extensive physical therapy is involved. Do you want to know to determine what the potential value of your claim might be? Talk to an experienced Florida car accident attorney. Physical Therapy Settlement Amounts $300,000/Car Accident/Rotator Cuff With Surgery/Head Laceration Our client was walking his dog in Pinellas County, when he approached a crosswalk to walk toward the beach. Our client pressed the button to activate the rapid flashing beacons, to warn approaching vehicles. When the beacons activated, our client entered the crosswalk and began to walk across the street. Unfortunately, the defendant driver, who was clearly distracted, failed to see the flashing beacons and the pedestrian crossing sign, and struck our client going approximately 30 miles per hour. As a result of the impact, our client rolled up on the hood of the defendant’s vehicle and was jettisoned into the other lane of traffic. Fortunately, the vehicles in the other lane had properly stopped. Our client was knocked unconscious and did not regain consciousness until he was seen in the emergency room. At the emergency room, our client received emergent care to treat his dislocated left shoulder, broken left collarbone, fractured ribs, multiple lacerations and a concussion. Following his discharge from the hospital, our client was referred to an orthopedic surgeon who diagnosed our client with a left shoulder rotator cuff tear. The orthopedic surgeon prescribed our client with a regiment of physical therapy, aimed at restoring the range of motion in the left shoulder. Due to his dedication to the therapy, our client was able to regain full use of his left shoulder without the need for surgery. After the conclusion of the medical treatment, we sent a demand for settlement to the defendant’s insurance company and to our client’s underinsured motorist insurance carrier. The plaintiff’s insurance refused to give our client a fair settlement offer, but through continuous negotiations were able to convince them to pay significantly more. In the end, we were able to obtain a combined $300,000 settlement for our client. $135,000/Car Accident/Mesenteric Hematoma/Liver Laceration and Bleed/Cellulitis Our client was traveling north on a rural two-lane road in Pasco county. As our client approached a vehicle heading south, that vehicle unexpectedly drifted into our client’s lane. Unable to avoid the other vehicle, our client was forced into a head-on collision when both vehicles were traveling at an estimated speed of 45 miles per hour. The resulting head-on impact was devastating and both vehicles were totaled. As a result of the crash, our client suffered extensive internal injuries. He was rushed to the nearest hospital where he received emergent care and was subsequently admitted to the hospital. After spending 3 days in the hospital for treatment and observation he was discharged. After his discharge from the hospital, our client came under the care of an orthopedic. The orthopedic prescribed our client a regiment of physical therapy, which aided our client in making a good recovery from his injuries. The defendant vehicle did not possess bodily injury coverage, so a claim was made to the insurance company that provided our client with uninsured motorist coverage. After our attorneys engaged in aggressive negotiations with the insurance company (and threatening litigation), we were able to obtain a $135,000 settlement for our client. This amount compensated our client for their medical bills, injuries, and pain and suffering. $110,000/Car Accident/Sciatica With...

What Is The Average Florida Auto Accident Settlement? Recent 2022 Car Accident Settlement Amount Examples

Oct 6, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Overview of Florida Auto Accident Settlements Car accident in Florida? This article will help you understand the factors that most impact the potential auto accident settlement amount for your injuries and damages. If you were injured in a car accident in Florida, you are probably wondering how much money you can recover from a car accident settlement. You’re in the right place, not only can we help with your claim, we can give you some Florida car accident settlement examples from our own case files – read on for more information What is the Average Auto Accident Settlement Payout in Florida? According to the car accident settlement examples listed on this page, the average Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida. Many factors affect your car accident settlement payout amount. Every case is different, so your settlement entirely depends on the specifics of your accident, injuries, and damages. At Abrahamson & Uiterwyk our Florida car accident lawyers research the specifics of your case extensively and represent you during negotiations. Along with the factors that we will explain below, legal representation significantly affects your settlement amount. Due to our experience and expertise, our attorneys help clients achieve a higher average car accident settlement amount. The car accident attorneys of Abrahamson & Uiterwyk are ready to discuss your accident and possible settlement payout amount during a free case evaluation. If you’ve been injured in a Florida car accident we invite you to contact us by phone at 800-538-4878 or online anytime to get answers from our qualified legal professionals. Several factors affect your car accident lawsuit settlement, including: Negligence of the at-fault party, Any comparative negligence of the injured party, Extent of impact and property damage, Whether the at-fault driver was under the influence of drugs or alcohol, Amount of available bodily injury insurance coverage with the at-fault vehicle owner and driver, Amount of available uninsured/underinsured motorist insurance coverage with the injured party, their resident relatives, and the car they are in, Severity of your injuries, Extent of pre-existing injuries, Ability to prove the injuries were caused by the accident, and Extent of your damages, including pain and suffering, past and future lost wages, and past and future medical bills. Since settlement amounts are highly contextual, it’s best to discuss the specifics of your case with one of our personal injury attorneys. Return to top ↑ FLORIDA CAR ACCIDENT SETTLEMENT EXAMPLES 2022-2021 Car Accident Settlement Examples from Abrahamson & Uiterwyk If you are wondering what is the average settlement for a car accident in Florida, take a look at some of our 2022-2021 car accident settlement examples as well as some from previous years. At Abrahamson & Uiterwyk, we have recovered hundreds of millions of dollars in compensation for our clients involved in auto accident lawsuits. Here are several recent auto accident settlement payouts we have achieved for our Florida clients. $940,000 Rear End 2022 Car Accident Settlement Amount – Back and Neck Injury in Florida Our client was traveling eastbound and came to a stop for traffic stopped ahead. The defendant failed to stop, and the front of the defendant’s truck slammed into the rear of the van our client was driving. The defendant driver alleged that our client made a quick and sudden lane change and a quick and sudden unexpected stop causing the collision. The defendant driver did not receive a citation for causing the accident. Our client was transported by ambulance and treated at an emergency room for neck pain, back pain and hip pain. Our client was involved in a prior motor vehicle accident where he suffered lower back pain a few months before the most recent accident. He had recovered well but still had some intermittent neck and lower back pain. After the most recent accident, his doctors opined he suffered an aggravation of previous lower back pain. An MRI of the lower back was compared to the MRI of the lower back taken in the previous accident revealing our client suffered from an aggravation of prior lower back injuries. The surgeon opined the client needed a lower back surgery to alleviate the pain after all conservative treatment failed. Our client had lower back surgery. Unfortunately, one of the screws placed in the lower spine moved post-surgery and required yet another surgery to revise/correct the instrumentation & screw that moved post-surgery. Thereafter, our client required two other surgeries to both of his hips to alleviate his hip pain. A demand was presented to the defendant’s driver’s insurance company. The defendant driver was insured with a 1 million dollar combined single limit policy. $16,922.95 was paid for property damage to repair our client’s work van. Only 983,077.05 of the combined single limit policy remained. A demand was made for the remaining limits. The defendant’s insurance company merely offered 80,000 to settle the claim. That offer was rejected. The defendant’s insurance company claimed that our client was at fault for making a quick sudden lane change and also that all our client’s lower back problems were caused by his previous accident. A civil suit was filed. A very lengthy deposition of the driver was taken promptly thereafter, which revealed the defendant driver was totally at fault for causing the accident. The defendant’s insurance company offered 350,000 to settle the case at a mediation conference. That offer was rejected. Several weeks after the mediation conference the defendant’s insurance offered 550,000 to settle the claim. That offer was rejected. A remaining policy limits demand was made yet again. After the case progressed through the litigation process further, the bodily injury case settled several months after mediation for 983,077.05. $300,000 Pedestrian Accident 2022 Car Accident Settlement Amount Our client was walking his dog in Pinellas County, when he approached a crosswalk to walk toward the beach. Our client pressed the button to activate the...

Average Settlement for a Fractured Sternum After a Car Accident

Sep 22, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

The sternum is an incredibly important part of the human body. Also known as the breastbone, it sits at the front of the ribcage and helps protect the heart, lungs, and major blood vessels from injury. If you suffer damage to your sternum, it can cause great pain. Sternum fractures might make you unable to work for months and leave you and your family with significant medical costs. So, if you file a claim for an injury like this, what can you expect to recover? What is the average settlement for a fractured sternum? According to the broken sternum car accident settlement examples listed on this page, the typical Florida average payout for a broken sternum is anywhere from $85,000 to $1,269,936. Settlements depend greatly on the unique circumstances of each case, so the average payout for a broken sternum in Florida varies greatly. These claims can be very complex to pursue, which is why you should speak with an experienced Florida car accident attorney as soon as possible. Here’s how you can best determine an idea of the settlement you could receive, speak with an experienced attorney from Abrahamson & Uiterwyk, we will go over all the specifics of your case. We can tell you the potential strengths and weaknesses of your broken sternum claim and let you know what you might receive through settlement negotiations or in a jury trial. If you attempt to handle your claim independently, you will likely receive a much lower settlement or even find your claim denied. Causes of Fractured Sternums and Secondary Injuries Most fractured sternums are the result of impact trauma. This can happen in a slip and fall accident or other negligence situation, but it is most likely to occur during an auto accident. The person’s chest may hit the steering wheel, glove compartment, or dashboard. In addition, a taut seatbelt or fully inflated airbag can cause the sternum to fracture. These safety measures can keep a passenger from being thrown from the vehicle during an accident, but the violent nature of a crash can still cause injury. Unfortunately, sternum injuries can sometimes result in very serious secondary injuries. This includes injuries to the heart, lungs, and all the vessels that provide blood to the chest and its organs. In addition, the impact may cause damage to the abdominal area and its organs like the spleen and stomach. Other bones and major nerves may experience injury as well. This may mean a person cracks a rib or damages the spinal cord. One of the scariest possible car accident injuries, a traumatic brain injury, can also be tied to sternum fractures. What Compensation Can I Collect? Florida personal injury damages consist of three general categories: economic damages, non-economic damages, and punitive damages. Economic Damages Economic damages cover the concrete losses a victim suffers due to an accident. This is usually the easiest category to prove. This includes: Any accrued medical bills Lost wages Damage to your vehicle. As long as you provide the right documentation to prove the costs, there is no limit to this category in Florida. Non-Economic Damages This category compensates for injuries that are a little harder to put a number to but are still significant losses. This includes: Damages for physical pain and suffering. Pain and suffering includes any physical, emotional, or mental distress that you’ve experienced as the result of an accident. Broken sternum injuries can have a lot of pain and suffering due to often causing ongoing pain with an average recovery time of 10 weeks. This may leave you unable to work for months and leave you and your family with significant medical costs. Emotional and psychological trauma Loss of quality of life Indefinite other losses. As with economic damages, there is no limit (cap) to this category in Florida. However, it is important to consult with an attorney before accepting a fractured sternum injury settlement to make sure you are being properly compensated. Punitive Damages The first two types of damages are compensatory damages, intended to compensate you for your losses. On the other hand, punitive damages, as the name suggests, punish a defendant and send a message. Courts typically award these damages only in the most serious personal injury cases when the at-fault party commits extreme and reckless conduct that results in injury. They are generally capped at three times the amount the plaintiff receives in compensatory damages. What is a Fractured Sternum Worth in Florida? A fractured sternum is worth anywhere from $85,000 to $1,269,936 based on the examples that are listed on this page. Various factors impact settlement value, including the total amount of your damages and liability. Every single personal injury case is different, and this is true even for each fractured sternum claim. In this case a male motorist received $85,000 after a car accident that caused serious physical pain and suffering from a broken sternum. The incident caused the client to seek additional medical treatments through a chiropractor impacting the client’s daily life and leisurely activities. The fractured sternum car accident compensation achieved by Abrahamson and Uterwyk allowed our client to receive the maximum insurance proceeds for his injuries. Insurance companies often try to get victims to accept lowball offers that don’t cover all the losses they suffered or will suffer as a result of the accident. This is why it is important to seek the advice of an experienced personal injury attorney through a free consultation. They can help you calculate a fair amount to seek in a broken sternum car accident settlement but will also prepare to take your case to trial if necessary. Examples of Fractured Sternum Car Accident Compensation in Florida $85,000/2021 Auto Accident/Abrasions/Fractured Sternum/Left Shoulder Tears of Labram and Supraspinatus $1,269,936 / (Jury Verdict) Motorcycle Accident / Fractures / Citrus County, FL Fractured Sternum in Florida? Call Abrahamson & Uiterwyk for a Free Consultation Today! If you suffered a broken sternum or any related secondary injury due to someone else’s negligence, we...

What Is the Average Labral Tear Shoulder Settlement in Florida?

Sep 11, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that labral tear shoulder victims can get in Florida settlement. Many Florida accident victims want to know what their labrum tear car accident settlement is worth right away. But it takes time and research to figure that out. Various factors impact settlement value, including the total amount of your damages and liability. Labral Tear Shoulder Settlement Expectations According to the settlement examples listed on this page, the typical Florida shoulder injury settlement is anywhere from $525,000 to $1,008,258 with an average of $189,147. Specifically, the typical SLAP (Superior labrum, anterior to posterior) injury settlement according to examples on this page ranges from $60,000 to $1,000,000 with an average settlement of $448,750. Settlements will depend greatly on the unique circumstances of each case, so the amount for labral tear shoulder settlement in Florida varies greatly. These claims can be very complex to pursue, which is why you should speak with an experienced Florida car accident attorney as soon as possible. Every injury claim is different, and a fair value depends on a victim’s medical bills, pain and suffering, future expenses, and more. Here’s how to calculate the value of your claim as accurately as possible, work with a nearby Florida personal injury attorney at Abrahamson & Uiterwyk. We have years of experience pursuing compensation for our clients. Contact us online or call 866-985-0967 to schedule a free consultation. What Is a Shoulder Labrum Tear? The labrum is a piece of cartilage attached to the shoulder socket that helps keep the ball joint in place. The cartilage surrounds the glenoid, the cavity in the shoulder blade, to offer protection and stability. You can tear this cartilage, injuring your shoulder. Common causes of labral tears in the shoulder are traumatic events, like car crashes, falls, sports, repetitive motion, shoulder dislocation, and aging. What Are the Types of Shoulder Labrum Tears? Not all shoulder labral tears are the same—they vary by location and severity. Superior labrum, anterior to posterior tears, also called SLAP tears, run from the front to the back of the cartilage in the middle of the glenoid. This top area is also where the biceps tendon attaches to the labrum. These tears are most common for athletes. If left untreated, these tears can lead to chronic pain, limited shoulder mobility, and more serious shoulder issues. Treatment can run from rest and anti-inflammatories to debridement or Bicep Tenodesis – a surgery where the biceps tendon is detached from your labrum and is reattached to your upper arm bone (humerus). Bankart tears happen in the lower part of the glenoid socket. These are common when someone dislocates their shoulder. Posterior shoulder instability is a tear in the back of the glenoid socket and is the least common. Labron tears can involve the labrum completely tearing away from the bone. Others may experience a tear in the cartilage itself. Another type of labrum tear happens where the bicep tendon attaches to it. What Are the Symptoms of Shoulder Labral Tears? If you tear the labrum in your shoulder, you may experience: Pain; Decreased range of motion; Weakness in your shoulder; Feeling like your shoulder isn’t stable; A popping sound when you move your shoulder; A grinding sensation when you move your shoulder; or Your shoulder locking up. Everyone’s symptoms and pain levels are unique. They’ll also vary if you experienced other shoulder injuries at the same time. It’s essential that you see a doctor after an accident and describe all of your symptoms. If the pain or other symptoms in your shoulder get worse, return to your doctor. How Do Doctors Diagnose & Treat Shoulder Labral Tears? Your doctor will assess your pain level and your shoulder’s range of motion and stability. They may order an X-ray, CT Scan, and/or MRI. In some cases, a doctor will perform an arthroscopy, where a small camera is inserted into your shoulder. This method is the most reliable way to diagnose a shoulder labral tear. Keep in mind, even with a negative x-ray, some injuries may not show. Some labrum tears require rest and pain management. However, complete tears require surgery to reattach the labrum to the shoulder socket and physical rehabilitation. Can I Receive a Settlement for a Labral Tear in the Shoulder? You may be interested in obtaining a settlement after suffering a torn labrum in an accident. If you can prove someone else was at fault, then you may receive compensation. That may sound simple, but the insurance and legal processes can be challenging. With the help of an experienced lawyer near you, your financial recovery should cover the value of your physical, emotional, and financial damages. How Much Is My Labrum Tear Injury Worth? Several factors impact the potential value of your settlement, including: Initial medical bills: These can depend on the procedures needed to diagnose your labral tear injury and whether you require surgery. Future medical bills: More severe shoulder labral tears require physical therapy to improve range of motion and strength. Lost wages: You may have taken time away from work for your medical care and recovery. Pain and suffering: You likely experienced pain, discomfort, and inconveniences during the accident and your recovery period. SLAP/Labrum Tear Settlement Examples Our client was riding a motorcycle on the way to work approaching an intersection. The intersection was controlled by a traffic light. Our client was proceeding through the intersection on a green light. The defendant driver made an illegal left hand turn on a red light, violating our client’s right, resulting in a head on collision. Our client was ejected from the motorcycle suffering multiple significant injuries. The defendant was cited for causing the accident. Our client was transported via ambulance to the hospital and was initially treated for broken bones to the arms, wrist, and fingers. Our client was placed in an arm sling and asked not to move the arms much until the fractures healed. Shortly thereafter, the client began...

How Much Is A Herniated Disc Worth In A Car Accident In Florida?

Sep 8, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Average Herniated Disc Settlements in Florida If you’ve suffered a serious herniated disc injury from a car accident in Florida, near Tampa, or some other area of Florida, it’s your right to pursue the largest monetary settlement possible. At-fault parties must be held accountable for their actions. No two accidents or victims are alike. 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. When choosing a nearby car accident lawyer to represent you, ask potential attorneys about their experience with herniated disc injury settlements. Wondering how much a case for a herniated disc injury from a car accident is worth in Florida? According to the herniated disc car accident settlement Florida examples listed on this page, the typical herniated disc settlement values in Florida vary greatly from $300,000 to $1,575,000. Settlements depend on the unique circumstances of each case, so the herniated disc worth in a car accident in Florida varies greatly. These claims can be very complex to pursue, which is why you should speak with an experienced Florida car accident attorney as soon as possible. Herniated Disc Injury Settlements With Steroid Injections Florida When initial conservative treatment such as physical therapy and chiropractic care is unsuccessful, steroid injections or nerve root blocks could be the next option. Herniated disc injury settlements with steroid injections in Florida are not uncommon. Interlaminar injections are the most common procedure for this type of treatment. This procedure involves epidural steroids that are injected into the spine to reduce swelling and pressure on nerves. In more severe cases, nerve blocks or caudal injections may be required. All of these options are expensive and should be calculated into the vault of your herniated disc settlement. If you require steroid injections as a part of your treatment, you may be able to recover more compensation for your injury. Having injections directly into the spine can be painful and traumatic for the injury victim. Your attorney may advise you to have someone film the injections to demonstrate the stress and discomfort you experience during your treatment. Here’s how to explore your options for filing an insurance claim or lawsuit, talk to a Florida car accident attorney. Understanding Herniated Disc Injuries Resulting from Florida Car Accidents Near Tampa Spinal disc herniation refers to a condition that affects the rubbery cushions that separate the vertebrae. Discs (or disks) have a jelly-like center called the nucleus. When the rubbery covering (called the annulus) of the disc ruptures, some of the nucleus can ooze out, creating a herniation. In some cases, herniation causes no harm or notable symptoms. More often, however, the herniation pushes on one of the delicate and highly sensitive nerves of the spinal cord. The results can range from mild pain to lifelong debilitating symptoms. Car accidents are one of the most common causes of disc herniation and other spinal injuries. The force of a car crash—even a seemingly minor collision—exerts excessive and unusual force on the spine. In addition to car accidents, some of the most common incidents leading to disc herniation injuries include motorcycle crashes, truck accidents, and incidents involving specialty vehicles such as tractor-trailers, busses, commercial trucks, and construction vehicles. If you or a loved one sustained this type of injury in an accident that wasn’t your fault, you may have the right to pursue legal action. 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. 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. Contact Us Can a Herniated Disc Settlement Calculator Estimate...

Lane Splitting – What Is It And What’s The Law In Florida

Sep 8, 2022 | Category: Motorcycle Accidents | By Erik Abrahamson

Lane splitting isn’t legal in Florida, but we see it every day. Lane splitting is the act of driving a motorcycle in the same lane with another motor vehicle when traffic is crawling or stopped on a freeway. Because of all the dangerous deadly accidents caused by lane splitting, all licensed Florida drivers must be aware of motorcycles sharing their lanes. The accident attorneys at Abrahamson & Uiterwyk will provide a free case evaluation if you or a loved one has been injured in an accident, call us today, we are available 24/7 at 1-800-538-4878 Contact Us National Debate Wrongful death suits for families of deceased motorcyclists are frequently filed in the State of Florida despite the contributory negligence of lane splitting if the cyclist was killed due to the negligence of another motorist. Florida Statute 316.209 explicitly states motorcycles shall not: enter, overtake, or pass within the same lane as another vehicle drive between adjacent lanes or rows of traffic be more than two across on a roadway Should Florida Make Lane Splitting Legal? Florida is second to California in the number of registered motorcycles on its highways–over 550,000. Although it is illegal in Florida to engage in lane splitting, many Florida motorcyclists use this driving maneuver to bypass areas of traffic congestion and sometimes lane split even when it isn’t necessary. Florida motorists should also be aware of the difference between lane splitting and lane sharing. While lane splitting involves a motorcyclist driving within the space between two cars moving in the same direction on a highway or interstate, lane sharing is the practice of motorcyclists occupying the same lane. Lane sharing is legal in Florida. When a motorcyclist is lane splitting in Florida or near Tampa, and causes an accident while lane splitting, they will be doubly ticketed for the accident and for lane splitting. However, if the Florida lane-splitting motorcyclist can prove the other vehicle driver contributed to an accident in which they were involved (for example, the driver was weaving in and out of traffic or using a cell phone), the motorcyclist may have good reason to sue the vehicle driver for compensation. Contact Us Advantages and Disadvantages of Lane Splitting in Florida Proponents of lane splitting claim that it relieves traffic congestion and can improve the comfort of motorcyclists during extreme weather by allowing them to move ahead of vehicles stalled in traffic. Alternately, opponents of lane splitting say that lane splitting could potentially incite instances of road rage as frustrated drivers watch motorcyclists move freely past them while they are stuck in traffic. In fact, road rage is now among the top causes of vehicle accidents in the U.S. Interestingly, many cities in California are listed among the top 25 worst U.S. cities for road rage incidences (on a local note, Miami, FL is also included in that list). Left Turn Accidents Vehicles turning left cause 42% of all the motorcycle accidents on Florida highways. The motorist almost always blames the cyclist for the accident. Motorcycles are smaller than cars and trucks, and they are frequently lost in their blind spots. Motorcycles don’t reduce impact upon collision like cars and trucks do. Leg amputations and death frequently result from motorcycle accidents involving a motorist turning left. Fault & Florida Lane Splitting Accidents The same legal websites and blogs involved in the national debate over the legalization of lane splitting say the vehicle making the left-hand turn is almost always at fault if a collision occurs. Whether lane-splitting was legal when you made your left turn is in the hands of the police officers and at the discretion of the judges. The police officer may look at the damage to the vehicles to determine who was at fault for the accident. Negligence & Lane Splitting Accidents Near Tampa The driver of a car or truck making a left turn is negligent if he or she does not yield to traffic traveling straight through the intersection. The driver who turns left must wait until the intersection is clear to turn. Striking a lane-splitting motorcycle while making a left turn is a harrowing experience, but you may be held liable for the motorcyclist’s injuries or wrongful death. Contact Us Negligence & Motorcycle Lane Splitting The driver of a car or truck making a left turn is negligent if he or she does not yield to traffic traveling straight through the intersection. The driver who turns left must wait until the intersection is clear to turn. Striking a lane-splitting motorcycle while making a left turn is a harrowing experience, but you may be held liable for the motorcyclist’s injuries or wrongful death. Catastrophic Injuries Caused by Lane Splitting Accidents The Insurance Institute for Highway Safety reports that head injury and brain damage occurs in most fatal motorcycle accidents. Helmets prevent brain injuries in 67 percent of all motorcycle accidents. Collisions with tractor-trailer trucks are especially heinous. A commercial big-rig weighs at least 20 times more than a motorcyclist on a Harley Davidson. Tractor-trailers cannot see what’s in their huge blind spots, and they need at least twice the stopping distance of a car or pickup truck. Yet, motorcyclists split lanes with commercial trucks every day. Contributory Negligence Lane splitting places the motorcyclist in the same lane as another motorist who is not expecting to see or may be startled by the motorcycle. A motorcycle in the same lane as a car or a tractor-trailer cannot see the driver’s turn signal. If lane splitting contributed to your motor vehicle accident, the motorcyclist may be liable for the accident. Analysis of contributory negligence can result in reduced recovery of damages or the motorcyclist may be ordered to pay for damage to the vehicle which struck him. Contact Us Road Hazards in Florida Lane Splitting Accidents Road hazards, which simply rattle cars and trucks, can cause lane-splitting motorcycles to slide, fall, or careen out of control. Lane splitting causes accidents especially: in wet weather around objects dropped on the road over uneven road surfaces into road construction sites with unexpected lane changes Whether road hazards constitute negligence is up to the...

Average Loss of Consortium Settlement Amount in Florida

Aug 31, 2022 | Category: Personal Injury | By Erik Abrahamson

If a close family member of yours dies or suffers a severe life-altering injury, you might have a right to claim damages for loss of consortium as part of an eventual settlement. Loss of consortium is a category of non economic damages that compensates family members for losses they suffer as a result of their loved one’s injury. Typically, spouses, parents, and children of injured parties can claim compensation through loss of consortium settlements. Essentially, loss of consortium damages compensate parties for intangible losses that they suffer as a result of the loss of their loved one or their loved one’s loss of ability to function in a certain way. The attorney’s near you at Abrahamson & Uiterwyk, one of the most common questions about loss of consortium settlements we hear is, What is loss of consortium worth? Read for more information on loss of consortium, including loss of consortium claim values. What Is the Average Loss of Consortium Settlement? According to the wrongful death settlement examples listed on this page, the typical Florida loss of consortium settlement is anywhere from $600,000 to $11,500,000. Loss of consortium settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for loss of consortium in Florida. The truth is that there are numerous factors and circumstances that affect how much a loss of consortium claim is worth. The main reason that loss of consortium settlement amounts differ so much is that the accidents and injuries that give rise to loss of consortium claims are all unique. As a result, their settlement amounts, including any claims for loss of consortium, are also unique. However, with that said, there are ways that you can maximize your loss of consortium claim. Here’s How to Maximize a Loss of Consortium Settlement There are a few ways that you can maximize your loss of consortium settlement. Here, we will cover two of them: Carefully documenting your damages, and Hiring an attorney to help you maximize your damage claim. If you do these two things as soon as possible after the accident, you will set yourself up to maximize your eventual settlement. Documenting Your Damages Because loss of consortium damages are non economic, they are inherently intangible and subjective. Thus, proving that you suffer from loss of consortium damages is a little different from proving economic damages. After all, to prove economic damages, you simply have to show a bill as evidence. To document your loss of consortium damages, you should maintain a journal that details any difficulties that you and your family suffer as a result of your loved one’s accident. Damages may include things like: Loss of physical intimacy, Loss of companionship, and Loss of assistance or protection. To further bolster your claim, you can seek help from a mental health professional. They can document exactly how the loss affects you in a real and tangible way. With that sort of evidence on your side, it is difficult for the responsible party to deny the real impact of your loss of consortium damages. Hiring an Attorney Near You Hiring an attorney is another effective way to maximize your loss of consortium damage claims. Your lawyer can help you establish the relative value of each aspect of your loss of consortium claim. It helps to have your lawyer do this because, they can draw on their prior experience, and knows how to frame your damages in an effective manner. This will help you not only prove the existence of those damages, but maximize their value in your eventual settlement. Examples of Loss of Consortium Settlement Amounts $600,000 / Medical Malpractice / Wrongful Death / Leon Co.Female was a patient in the hospital. Due to an improper mixture of medication, she died. Abrahamson & Uiterwyk received this settlement on behalf of the deceased’s family. $775,000 / Motor Vehicle Accident / Wrongful Death / Hernando Co.This unfortunate accident occurred on Cortez Boulevard in Brookville, Florida at an intersection. The defendant driver, who had a solid green light, failed to yield the right of way to the vehicle our client was driving by turning left directly into our client’s path and causing a massive impact. Our client was rushed to the hospital with multiple injuries including broken vertebrae and a fractured pelvis. Tragically, our client did not survive his injuries and passed away shortly after the accident. His son was appointed personal representative of his estate so that a wrongful death claim could be presented. In addition to our client, we also represented his wife who sustained significant injuries. Between the two cases, we were able to secure a recovery of $1,550,000.00 which was divided evenly between the claims. This was the limit of all available insurance policies. $11,500,000 (Jury Verdict) Product Liability / Lung Cancer / Wrongful Death / Hillsborough CountyOur client’s mother, a registered nurse, died from lung cancer caused by her addiction to smoking cigarettes manufactured by the defendant, RJ Reynolds Tobacco Company. A jury in Tampa awarded each of her five children $1,000,000.00. This amount was reduced by the percentage of fault their mother was found to have. The same jury also awarded $6,500,000.00 in additional damages to punish RJ Reynolds for its conduct. How to Calculate Loss of Consortium Damages The only effective way to get a somewhat accurate estimate as to the value of your loss of consortium damages is with the help of an attorney. For your lawyer to make an accurate estimate, however, you need to make sure that you carefully document all the harmful impacts that the accident has on you and your loved ones. With this information in hand, your lawyer can draw on their prior experience with loss of consortium claims to place a dollar value on each aspect of your loss of consortium claim. It is critically important to remember, however, that this is just an estimate. Because loss of consortium damages are intangible, they are, by definition, subjective....

Average Settlement for Car Accident Back and Neck Injury in Florida

Aug 30, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

This article attempts to explain the factors that influence the amount that cervical spine injury victims can get in Florida settlement. According to the cervical spine neck and back injury settlement examples listed on this page, the average settlement for car accident back and neck injury in Florida can range from $300,000 to $650,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for cervical spine injuries in Florida. In a car accident, a neck injury can often result in some level of temporary or permanent incapacitation. In Florida, there are many car accidents each year, according to a traffic report published by the Florida Highway Safety and Motor Vehicles, 401,076 car crashes occurred within the state in 2021, nearly 15% of those crashes, a total of 59,402 of those crashes occurred in Pinellas, Hillsborough, Manatee, and Pasco counties alone. The report defines incapacitating injuries as disabling injuries like broken bones, severed limbs, etc., that usually require hospitalization and transport to a medical facility. Our experienced personal injury attorneys at Abrahamson & Uiterwyk will research your claim and negotiate a cervical sprain settlement offer on your behalf. Contact us today so we can help maximize your compensation. What is a Cervical Spine Injury – Does it Impact the Neck or Back? Injuries such as penetrating or blunt trauma during a car accident can result in spinal cord injuries in the cervical spine – The cervical spine consists of the 7 vertebrae at the top of the spinal column – C1-C7. If the C5 vertebrae or higher are injured, the central nervous system may be unable to control ventilation. Many complications can occur within the first 24-72 hours after sustaining a spinal cord injury. The accident victim’s survival depends on immediate recognition and treatment. There are 4 general clinical indicators that may prompt a more aggressive medical intervention after a cervical spine or back injury. Unconsciousness, or altered consciousness – fading in and out of awareness, repeating questions that are already answered, etc. Bilateral neurologic complaints – symptoms that impact both sides of the body – for example, numbness or lack of coordination in both hands, feet or legs. Significant pain – when a vertebra is broken or displaced, it puts stress on the spinal cord running within those vertebrae. This can cause mild to severe pain and even paralysis Obvious spinal deformity – If you can observe the visible displacement of the spine, such as humping, twisting, etc above the C5 vertebrae, it can be a very clear indicator that a cervical spine injury has been sustained. With any of these symptoms, fast and competent medical care is an immediate need. Long-term care and rehabilitation are most likely warranted. Hiring an attorney well versed in a car accident back and neck injury cases, negotiations, and settlements in Florida can have a huge impact on the rest of your life. Don’t delay – call us today. Our Recent Cervical Spine Injury Cases At Abrahamson & Uiterwyck, we are fully committed to getting you the most money possible for your spine injury case. We have handled cases like yours for many Florida residents, and we take pride in providing compassionate yet bold representation to ensure just compensation for our clients. Our lawyers know how your accident has upended your life. We understand your pain, and we make it our mission to keep fighting for you until we ensure a payout worthy of the pain and uncertainty your car accident may have caused. And when the going gets tough, we do not quit. Insurance companies almost always make lowball, mediocre offers to injured victims and hope that these victims will take the bait and make a deal on an agreement without representation – this may ensure a fast payout, but it does not secure a fair resolution for the client in nearly every case. When they do that, they are attempting to save themselves tens of thousands or even hundreds of thousands of dollars by denying you the compensation that your case deserves. Do not let them get away with it. Hire us today so we can help you achieve great results. Here is one recent example of a client that we fought for until the insurance company paid up. Genevieve Beck Case Example – $300,000 Recovered Anyone with a driver’s license has heard of the dangers of hydroplaning. Hydroplaning happens when hot and oily roadways combine with the torrential downpours that our state is so famous for. When the rain falls and lands on roads they become slick. High water volumes, high speeds, and low tire treads all exacerbate the slickness of the road. When tires move too quickly over rain there is not enough time for the treads to grab the asphalt. Your car is literally lifted a bit off the ground and you start to slide on the water as your tires lose their grip on the road. So when you travel too fast on a wet road, you can lose contact with the road in a split second. When you lose contact with the road, you lose control of your car and horrible accidents can happen. That is why it is so critical for drivers to slow down on wet Florida roadways when it rains. However, not everyone behaves as they should protect others and themselves. This combination of factors led to painful injuries for one of our recent clients, Genevieve Beck. Genevieve was sitting at a left turning lane facing west as the defendant approached her. The defendant was traveling on highway 301 heading north. The rain had made the road wet. As he approached an intersection he began to hydroplane and lost control of his vehicle. The defendant’s car then began to skid in a northeastern direction. It continued to skid, crossing two lanes of an intersecting roadway, jumping a raised median, and broadsiding our client who was sitting in her car waiting to make a...

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

Aug 28, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Rear-ended in Florida? Here’s how this article will help you understand the factors that most impact the potential settlement amount for your injuries and damages. Average Florida Rear-End Accident Settlement Amount It’s important to understand that if you’re presenting a claim after being rear-ended, the settlement amount will vary in each case. Every case is different so an average settlement amount is difficult to determine for a Florida rear-end car accident or any other type of personal injury claim. Accident circumstances aren’t always the same and settlements depend greatly on the unique circumstances of each case. According to the rear-end car accident settlement examples listed on this page, the typical Florida rear-end collision accident settlement is anywhere from $500,000 to $875,00. Florida rear-end collisions can leave unsuspecting victims with multiple injuries. Some of the most common injuries in these accidents can occur to the neck, back, head, and rotator cuff. Most people think about head and neck injuries in a rear-end accident. However, they may not realize their shoulder pain may also be related. If you injured your rotator cuff in a car accident, you might be entitled to reimbursement for your damages as well as your pain and suffering. When you retain a professional Florida car accident attorney, we will help you fight for compensation for all of your injuries, time off work, pain and suffering, and more. Photos of Rear-End Collisions Involving Our Injury Clients What Types of Injuries are Most Common in Florida Rear-End Collision Accidents? Depending on the severity of the collision, the types of injuries will differ. Some of the most common ones include head, neck, back, and shoulder injuries. Concussions can happen regularly in rear-end collisions as your head may strike something in the vehicle. Head injuries are not always immediately apparent either. Sometimes it can take 24 hours for someone to realize they have a concussion. In more severe collisions, you may suffer a traumatic brain injury. Symptoms like headaches, blurry vision, sensitivity to light, or an inability to concentrate can be telltale signs of a head injury. Many plaintiffs overlook their shoulder pain and mistakenly assume it’s just sore. Torn rotator cuffs are painful and more common than people realize in rear-end accidents. Symptoms of a rotator cuff tear include: Shoulder and muscle weakness; Radiating pain down your arm; Limited range of motion in your shoulder; Clicking or popping sound when you move the painful shoulder; Struggling to raise your arm above your head; Swelling in your shoulder area; Neck or upper back pain; and Severe or sudden pain on the outer side of your shoulder. Your back and neck pain may only be soft tissue damage, or there could be something more serious going on. Having x-rays and even MRIs may be necessary to determine the extent of your injuries. Spinal injuries may be severe and cause pinched nerves, leaving you in excruciating pain and unable to walk. If conservative treatment options fail, you may need steroid injections or even surgery. How Does the Type of Injury Sustained Impact the Amount of my Florida Rear-End Accident Settlement? The type of injury you sustained will impact the overall rear-end accident settlement value in multiple ways. Your amount of medical bills is a primary example. Consider someone who has $200,000 in medical bills compared with someone who has $2,000 in bills. The plaintiff with several hundred thousand in bills will be asking for far more than the other person. Some injuries are more serious and therefore may be entitled to a higher dollar amount for pain and suffering. Someone who suffered only a mild case of whiplash will not receive the same settlement as someone who had to undergo multiple neck and back surgeries. Case values are based on a combination of other factors as well, such as loss of earnings, future treatment, disability, and physical vehicle damages. This is why no two rear-end collision settlements are the same. Is the Driver Who Rear-Ends the Other Vehicle Always at Fault? No, the driver who rear-ends someone isn’t necessarily at fault. One common example of this is with a multi-car rear-end collision. The car that rear-ended you may have been pushed into you by the vehicle behind them. There are several other situations where the driver who rear-ends the vehicle in front is not entirely at fault. Perhaps the front vehicle suddenly reverses, or it has no working brake lights and stops suddenly. Or perhaps the front vehicle broke down and the driver didn’t put their emergency flashers on or try to pull the vehicle off the road. In situations like this, the driver in front may be at least partially at fault for the accident. What Evidence Is Most Critical in Determining Fault in a Rear-End Collision? Determining fault in a rear-end collision is not always straightforward. While skid marks, witness statements, and scene photos are important pieces of evidence, they don’t always tell the whole story. Sometimes you need an expert to review the physical vehicle damages and witness statements. This can be accomplished by retaining an accident reconstructionist. These experts conduct a thorough review of the accident and provide a scientific answer as to how the collision occurred. They may also go as far as recreating the accident to duplicate the crash conditions in a controlled environment. The use of experts is typically reserved for cases with severe injuries and/or disputed liability. What Are Some Examples of Florida Rear-End Accident Settlements That Abrahamson & Uiterwyk Has Handled? Our highly-experienced Florida car accident lawyers have handled numerous rear-end collision cases in our over 30 years of experience. Many of these cases were resolved with six-figure settlements for our clients. Several rear-end collision settlement examples are: $875,000 for a 36-year-old female who suffered cervical and lumbar spine injuries; $750,000 for a client who sustained multiple injuries; $550,000 for a client who suffered severe injuries after the defendant failed to observe stopped traffic ahead; $525,000 for a 62-year-old man who had multiple surgeries to...

Common Characteristics of Traumatic Brain Injury

Aug 28, 2022 | Category: Traumatic Brain Injury | By Erik Abrahamson

Characteristics of Traumatic Brain Injury Overview Here is an overview of traumatic brain injury, or TBI. It is a type of injury that involves trauma to the head and brain resulting in temporary or permanent brain dysfunction. Some common causes of TBI are falls, vehicle-related injuries or sports injuries. Traumatic brain injuries can have a wide range of symptoms and characteristics; some which do not become apparent until days or weeks after the trauma has taken place. It takes time to diagnose things like post-concussion syndrome after a car accident. What Are Common Characteristics of Mild TBI? According to the Brain Injury Association of America, some early common characteristics of traumatic brain injury or TBI include headache, dizziness, memory problems, disorientation, nausea and vomiting. Later symptoms can include additional issues such as fatigue, mood swings, tinnitus, difficulty concentrating, anxiety and depression. A concussion is a type of traumatic brain injury that is caused by a blow or jolt to the head that affects brain function. Healthcare professionals near you often refer to concussions as mild traumatic brain injuries, but the impact of these injuries can still be quite serious. Common Characteristics of Moderate to Severe Traumatic Brain Injury Moderate and severe cases of traumatic brain injury often share many of the characteristics of mild TBI, as well as additional symptoms such as: Seizures and convulsions Slurred speech Persistent loss of consciousness Numbness in the fingers or toes Poor coordination Strange behavior Dilated pupils Moderate to severe TBI can have a wide range of long term consequences for injury victims that can have a lasting impact on quality of life. Some examples of cognitive problems that can be caused by traumatic brain injury include memory problems, trouble concentrating and a decreased attention span. These injuries can also cause long term problems ranging from seizures and chronic pain to sleep and mood disorders. According to the Florida Department of Health, the median cost for hospitalization alone was $37,515 for non-fatal traumatic brain injuries in 2011. Unfortunately, the cost of moderate to severe TBI can be considerably higher due to additional medical expenses and loss of income. TBI victims also often face considerable pain and suffering, as well as a long term impact to their quality of life. Help from Experienced Traumatic Brain Injury Lawyers You may need the help of a traumatic brain injury attorney near you, who will stand up for your rights if you’ve been severely injured in an accident that was not your fault. Call Abrahamson & Uiterwyk today at 1-800-538-4878 discuss your case with a member of our injury law team. What Our Clients Say About Us “I would recommend Abrahamson & Uiterwyk injury law firm. Their dedication and hard work got my case to a final settlement.” Donald L.Rating 5/5 ⭐⭐⭐⭐⭐Read more of our 316 reviews on Google

What Is the Average Florida Slip and Fall Settlement?

Aug 28, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Average Slip and Fall Settlement in Florida According to the slip and fall settlement examples listed on this page, the typical Florida slip and fall settlement is anywhere from $300,000 to $850,000. An experienced personal injury attorney will have the knowledge and legal background necessary to give you an accurate picture of the compensation you may be able to recover. If you are ready to fight for the recovery you deserve in the aftermath of your Florida slip and fall accident, contact an experienced slip and fall attorney today. 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? 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. 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 Every case is different so an average settlement amount is difficult to determine for a slip and fall or any other type of personal injury claim. Florida slip/trip and fall settlements depend on the circumstances unique to each case. Several factors that might affect a Florida slip/trip and fall settlement include: Negligence of the business or landowner; Existence of a dangerous condition on the premises; Ability to prove that the business or landowner created the hazardous condition, knew of the condition, or should have known of the condition; Whether the business or landowner failed to repair the condition or to warn others about the condition; Contributing negligence of the injured party; Whether the injured party was lawfully on the premises; Severity of the injuries; Ability to prove the injuries were caused by the slip/trip and fall; and Extent of damages, including past and future lost wages, medical bills, and pain and suffering. Because Florida slip/trip and fall settlements depend on the specific facts of each case, it’s best to discuss the details of your situation with our slip and fall injury attorneys. Examples of Recent Abrahamson & Uiterwyk Slip/Trip and Fall Settlements Abrahamson & Uiterwyk has represented over 20,000 injury victims, recovering hundreds of millions of dollars in settlements and verdicts for our clients. Below are some examples of recent trip and fall accident settlements we recovered for our clients. Of course, we can never guarantee the same or similar results. However, we hope that these case examples provide you with an idea of the types of compensation our attorneys can help you pursue. $650,000/FLORIDA PREMISES LIABILITY/Neck, Shoulder, Low Back, Herniations, Neck Surgery, Radiating pain into shoulder, Rotator Cuff Tear, Shoulder Surgery/ 2021 The client was walking through a commercial establishment when the client slipped on a foreign substance. Our client was transported to the emergency room where she complained of neck, shoulder and lower back injuries. The client began to treat with medical doctors who prescribed MRIs of the neck and lower back which revealed numerous herniated discs. All conservative treatment failed which resulted in a neck surgery to alleviate the neck symptoms which included radiating pain into the shoulder and arms. The shoulder pain continued after the surgery. An orthopedic surgeon that specialized in shoulder surgery ordered an MRI of the shoulder which revealed a rotator cuff tear. The client underwent a shoulder arthroscopic surgery to repair the rotator cuff injury. The store alleged the employees were not aware of the foreign substance and were not at fault. The most the store would offer to settle the case before suit was filed was 65,000. A video of the incident which included several hours before the fall revealed that other patrons had slipped in the foreign substance. The video revealed the foreign substance was on the floor for a lengthy period before our client’s fall and none of the store employees that walked by the spill paid attention as per the store’s policies and procedures. Suit was filed and depositions of multiple store employees were taken which revealed they did not follow store policies and procedures. $300,000.00/ Florida Trip and Fall Accident / Shoulder and Wrist Injuries / Lee County, FL In late 2018, our client was walking into the clubhouse at her condominium complex. Our client tripped over a rug that had been rolled up and placed in the doorway. The rug had been placed there by an employee of the complex. As a result of her trip, the client fell onto her left side and badly fractured her left shoulder and wrist. The shoulder and wrist each required surgery and inpatient rehabilitation. After the client was released from the rehabilitation facility, the complex’s insurance company reached out to the client and assured her that they would “take care of everything.” When communication with the insurance company broke down, the client called Abrahamson & Uiterwyk. It was only after Abrahamson & Uiterwyk sent the insurance company a formal demand for payment that the insurance company became open to negotiation. As a result of several subsequent telephone conferences with the insurance company, Abrahamson and Uiterwyk settled the claim for $300,000.00. $850,000 Premises Liability Settlement Our 49-year-old client was injured when she sat on a fitting room bench at a department store. The bench collapsed, and Plaintiff fell to the ground. As a result of this incident, Plaintiff suffered multiple injuries to her hip and back. We settled her premise liability case for $850,000....

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

Aug 28, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Average Rotator Cuff Tear Car Accident Settlement in Florida How much should a settlement be for a rotator cuff surgery? Rotator cuff and other shoulder injuries can be complex to diagnose and treat. The prognosis for your recovery depends on the nature of your injury and how severe the tear is. These and other factors have a direct influence on the potential value of your claim. The unique nature of Florida injury accidents makes it difficult to estimate an average settlement for a rotator cuff injury. Likewise, an online car accident settlement value calculator won’t be able to consider the details of your case or grasp all the damages you suffered as a result of the at-fault party’s negligence. According to the rotator cuff settlement examples listed on this page, the typical Florida rotator cuff settlement is anywhere from $525,000 to $1,500,000. Rotator cuff accident circumstances aren’t always the same and settlements depend greatly on the unique circumstances of each case. Here’s how to determine the approximate value of your rotator cuff car accident claim, contact one of our Florida injury accident lawyers at Abrahamson & Uiterwyk today. Questions About a Rotator Cuff Car Accident Settlement? If you sustained a serious shoulder injury in a Florida car accident, you might be facing the prospect of rotator cuff surgery. A rotator cuff injury can cause extreme pain and require extensive rehab and recovery time. If the actions of another person caused your accident and injuries, you deserve compensation for your losses. Due to the nature of severe shoulder injuries, rotator cuff settlements can be substantial. Although it is difficult to estimate an average settlement for a shoulder injury, a car accident lawyer can help determine the value of your case. Contact one of the experienced Florida car accident lawyers of Abrahamson & Uiterwyk today to learn more. ROTATOR CUFF TEAR CAR ACCIDENT SETTLEMENT FAQ What Is the Rotator Cuff? This term describes a collection of tendons, cartilage, and muscles that surround the shoulder. These tissues support and stabilize the shoulder and keep the head of the humerus (the upper arm bone) correctly situated in its socket. More importantly, the rotator cuffs allow you to make overhead movements with your arms. Movements such as swimming, shooting a basketball, putting on a hat or reaching for an object on a high shelf wouldn’t be possible without the rotator cuff. What Does It Mean to Tear the Rotator Cuff? This injury typically occurs when one or more of the shoulder tendons detaches from the head of the humerus. Rotator cuff injuries are classified as either partial or complete tears, depending on whether any part of the tendon remains attached to the bone. The tear that occurs is more like a hole in the tendon. The severity increases as more of the tendon becomes damaged. Tearing a rotator cuff results in extreme pain. In addition, this injury severely impedes your ability to use your arm for lifting, reaching, and other common movements. If you suffer this type of injury, you could lose your ability to perform even the simplest of everyday tasks. These injuries can occur over time due to overuse. Rotator cuff tears can also happen suddenly, due to trauma from improper or heavy lifting or falling on an outstretched arm. A sudden, traumatic injury is known as an acute tear. However, some of the most common and painful causes of acute rotator cuff tears are car accidents and other motor vehicle collisions. ROTATOR CUFF SETTLEMENTS FAQ What Are the Most Common Causes of Car Accident-Related Rotator Cuff Tears in Florida? Shoulder injuries are a common result of motor vehicle collisions of all types. Whether you were struck by another passenger vehicle, a bus, commercial truck, or delivery van, you face the risk of injuries such as rotator cuff tears. Some of the most common causes of car accidents in Florida include: Drunk drivers, Tired drivers, Distracted drivers, Speeding, A failure to yield, Failure to stop, and Failure to obey traffic signals. Single-car accidents, including rollovers, can also lead to severe injuries. Single-vehicle accidents are often caused by: Obstructions in the roadway, Road construction, Roadway debris, Poor road maintenance, Obstructed views, and Faulty vehicle components. Whether you had an accident with another vehicle, or another factor that caused your car to crash, you have the right to pursue justice. If the actions of another person or party led to your accident, a personal injury attorney can help you recover the compensation you deserve for your damages. AVERAGE SETTLEMENT FOR ROTATOR CUFF SURGERY REPAIR FAQ Will Requiring Rotator Cuff Surgery Affect the Value of My Florida Personal Injury Claim? Many serious shoulder injuries require surgical repair. Some more fortunate victims can have this repair performed arthroscopically. For this procedure, an orthopedic surgeon makes a minor incision. Through this incision, the surgeon inserts a small camera (scope) and surgical instruments to complete the repairs. Other accident victims cannot have their injuries repaired using this minimally invasive procedure. In that case, the surgeon must access the shoulder using a large, open incision. If your injury requires surgical repair, your medical treatment costs will be exponentially higher—and that increases the value of your claim. In addition, surgery often means a long, painful recovery involving physical therapy and rehabilitation. The pain and suffering involved in your recovery can potentially increase your claim’s value. Finally, if your injury left you with a diminished range of motion or other permanent damage, your lawyer can pursue compensation for your disability as a part of your rotator cuff surgery settlement. ROTATOR CUFF TEAR CAR ACCIDENT SETTLEMENT FAQ Do I Need a Car Accident Lawyer to Get a Rotator Cuff Injury Settlement in Florida? In Florida, you are not required to have a lawyer to recover a settlement for your injuries. However, rotator cuff settlements pose several challenges. Unless you have a legal background or experience negotiating with insurance companies, you want...

What is the Average Wrongful Death Settlement in Florida?

Aug 28, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Average Wrongful Death Settlement in Florida 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 and settlements depend greatly on the unique circumstances of each case. According to the wrongful death settlement examples listed on this page, the typical Florida wrongful death settlement is anywhere from $1,000,000 to $35,000,000. It’s therefore incredibly important to discuss your potential wrongful death claim with an experienced attorney as soon as you can. Overview of Wrongful Death Settlements in Florida Here’s how 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. Return to top ↑ Examples of Wrongful Death Settlements We’ve Achieved in Florida At Abrahamson & Uiterwyk we are honored to have achieved substantial wrongful death settlements and verdicts for our clients over our 30 years in practice. In one case, a jury awarded our clients, the surviving spouse, and children of a wrongful death victim, $34,697,465. Some other wrongful death settlement examples we’ve achieved are recoveries of $15,310,000 (jury verdict), $11,500,000 (jury verdict), and $11,000,000 (jury verdict) for our clients in wrongful death cases based on product liability claims. $100,000 Policy Limit Each/Wrongful Death/2021/Car Accident This case involved a tragic motor vehicle crash in which our clients, a retired married couple, were killed due to the carelessness of the defendant. Our clients were northbound on McMullen Booth Road in the middle lane when the defendant, who was headed south, crossed over the center median, and crashed head on into our clients’ vehicle. Our clients were both rushed to the hospital with extensive injuries. Our male client passed way at the hospital the same day as the crash. His wife unfortunately succumbed to her injuries and died about two months after the crash. Our firm immediately initiated wrongful death claims against the defendant on behalf of our clients. Although it was a small consolation for the horrific losses that the family sustained, we were able to obtain the maximum available coverage limits from the defendant’s insurance company. 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,...

Average Degenerative Disc Disease Car Accident Settlement in Florida

Aug 22, 2022 | Category: Car Accidents | By Erik Abrahamson

As you get older, your body goes through changes. Spinal discs start to wear out and break down, which can lead to neck and back pain. When your discs wear out earlier than expected, doctors may call it degenerative disc disease. While this condition is not caused by a car accident, degenerative disc disease can be aggravated by a car accident. Understandably, many prospective clients want to know the average degenerative disc disease car accident settlement amount. However, it is incredibly difficult to give an average settlement figure. That is why it is best to speak with an experienced Florida car accident lawyer near you. Various factors impact settlement value, including the total amount of your damages and liability. Because degenerative disc disease is not caused by a car accident, assigning a general settlement range is even more complicated. According to the settlement examples listed on this page, the typical Florida disc herniation settlement is anywhere from $500,000 to $1,575,000. Settlements depend greatly on the unique circumstances of each case, so the amount for degenerative disc disease car accident settlements in Florida varies greatly. These claims can be very complex to pursue, which is why you should speak with an experienced Florida car accident attorney as soon as possible. Here’s how you can best determine an idea of the settlement you could receive, speak with an experienced attorney from Abrahamson & Uiterwyk, we will go over all the specifics of your case. We can tell you the potential strengths and weaknesses of your claim and let you know what you might receive through settlement negotiations or in a jury trial. If you attempt to handle your claim independently, you will likely receive a much lower settlement or even find your claim denied. Insurance companies know injured victims do not understand the legal system or what their claim is potentially worth. They often take advantage of that fact by extending a lowball settlement offer or unfairly denying your claim. Many insurance adjusters will lead you to believe that you are not entitled to compensation because degenerative disc disease is a pre-existing condition. If you receive an offer from the insurance company, you should speak with an attorney before agreeing to settle. The first offer that you will receive will always be less than your case is worth. If the insurance company outright denies your claim due to a preexisting condition, do not give up without contacting an attorney first. Insurance adjusters are hoping you will take their denial at face value and walk away. When you work with an experienced attorney, we will not allow the insurance company to engage in unfair practices or try to resolve your case for an insulting amount. What Is Degenerative Disc Disease? Before discussing potential degenerative disc disease settlement value, it’s crucial to understand what degenerative disc disease is and how it impacts your claim. Degenerative disc disease is a very broad diagnosis and can encompass many injuries, including bone spurs, disc bulges, tears, and more. Most people with degenerative disc disease experience pain in the neck or lower back, or both. The reason is that these two areas of the spine undergo the most stress and motion, thereby making them more susceptible to wear and tear. However, some people do not even realize they have degenerative disc disease because they do not experience any pain until they sustain injuries in a car accident. You might get whiplash and see a doctor who tells you that your diagnostic tests show degenerative changes. While degenerative disc disease may not be caused by a car accident, you can get compensation if the accident aggravated your neck pain or initiated it under the “eggshell plaintiff” rule. What Is an Eggshell Plaintiff? When an injured victim is more vulnerable to injuries, the “eggshell plaintiff” rule might apply. This theory means the at-fault party must take the plaintiff as they find them. Each case is different and depends on the facts. Generally speaking a defendant is liable for any injuries they caused, regardless of how uncommon or unforeseen your injuries are. The term eggshell plaintiff comes from the example of someone with an eggshell-thin skull. This individual is more susceptible to a skull fracture than most people. That means even a minor bump on the head could be catastrophic for someone with an eggshell-thin skull. If a negligent party causes a minor head bump to someone with a fragile skull, they are still responsible for any catastrophic injuries. This rule also applies to people with preexisting conditions, not only people with natural conditions like a thin skull. Negligent parties are responsible for aggravating someone’s preexisting condition in an auto accident. They will not be liable for the entire injury, only the extent that the accident worsened the preexisting condition. For example, consider a plaintiff who is recovering from a meniscus tear. If someone causes an accident that worsens the pain or causes further damage, they could be liable for the aggravated injuries. When someone is suffering from excruciating pain that did not exist before the accident, the defendant could be liable. The question is whether the preexisting condition or the accident led to the pain. If the preexisting condition was there, but the plaintiff had no pain complaints, then the accident probably aggravated the condition. The eggshell plaintiff rule means that a defendant cannot argue that if someone else were the injured victim, they would have lower damages. Florida law does not let a defendant avoid liability for causing an injury just because the injured person was more vulnerable due to a pre-existing condition. Examples of settlements of Disc Herniation $1,575,000 / Motor Vehicle / Hillsborough, FL 53-year old male was rear ended by the Defendant. Client suffered from a three level herniation which was ultimately operated on with anterior cervical disc fusion. Case settled for $1,575,000 shortly before trial. $1,074,169 / Motor Vehicle Accident / Right Arm, Neck and Back Injuries / Hillsborough 44-year old male was injured when...

What Are Average Florida Sciatica Car Accident Settlement Amounts

Jul 26, 2022 | Category: Valuing Injury Claims | By Erik Abrahamson

Sciatic nerve pain can develop over time as you age, or it can result from acute trauma, such as a car accident. For some sufferers, the pain is more like a dull ache and is relatively minor. However, others report an excruciating burning and stinging pain that affects their every move. If you were injured in a Florida car accident that resulted in sciatic nerve pain, you might be entitled to compensation for your injuries. Florida sciatica car accident settlements vary, which is why it’s essential to speak with an experienced Florida car accident lawyer who can help. Symptoms of Sciatica After a Florida Car Accident Sciatica refers to the pain that radiates down your sciatic nerve, which starts in your lower back and travels through your hips and buttocks and down your legs. Most people report pain on one side of their body only, but it can affect both sides in rare cases. The problem often comes from a herniated disc that puts pressure on the sciatic nerve, but other injuries can result in sciatica pain. Sciatica after a car accident can develop right away, or it could take a few days. Symptoms will vary depending on your injury location and severity. Some potential symptoms include: Tingling or burning in your leg, often made worse when sitting down; Sharp pain when you stand up or try to walk; Constant pain in one leg or side of the buttocks; Numbness or weakness when moving the foot or leg; and Difficulty bending the foot upward, known as “foot drop.” Symptoms can come and go for some, while others report constant pain unless they are lying down or in another position that alleviates the pressure on the nerve. Average Settlement for Sciatica After An Accident in Florida Understandably, many prospective clients want to know, can a car accident cause sciatica? Despite what the other driver’s insurance company will try to make you believe, car accidents can result in disc injuries that cause sciatic nerve pain. That means if you develop sciatica after a car accident, compensation could be included in a settlement amount. However, no set amount or range determines how much you could receive for your injuries. Every person’s injuries are different, and therefore they are evaluated on an individual basis. According to the recent back injury settlement examples listed on this page, the typical Florida back injury settlement is anywhere from $500,000 to $1,330,000. Recent Back Injury Settlements in Florida Sciatica nerve pain can be a result from disc injuries caused by car accidents. The personal injury lawyers at Abrahamson & Uiterwyk are here to help clients who were injured in a Florida car accident that resulted in sciatic nerve pain. Sciatica nerve pain falls under the umbrella of back injury claims. Here are some recent back injury settlement payouts that Abrahamson & Uiterwyk secured for their clients throughout Florida. Settlement: $1,330,000 Motorcycle Accident /Back and Fractured Pelvis Pinellas County, FLDetails: 63-year old male sustained a fractured pelvis, a right knee injury and a back injury when the defendant turned directly in front of the client while the client was on a motorcycle. The client’s fractured pelvis required two surgeries. We obtained the limits of all available insurance in the case. Settlement: $500,000 Motor Vehicle Accident / Neck and back injury Pinellas CountyDetails: Our client was a passenger in a vehicle when the defendant slammed into the rear of her stopped vehicle causing her to be pushed into the vehicle in front of her. Our client, 21 years old at the time, was taken to the ER, and then began treatment. An MRI scan revealed herniations in the neck and back, and she later underwent steroid injections and surgery. Settlement: $775,000 Motor Vehicle Accident / Lumbar & Cervical Herniations, Lumbar & Cervical Injections Details: Our client was stopped getting ready to make a right-hand turn when a semi-truck stopped in the dedicated right-hand turn lane next to our client’s vehicle. Our client and the truck driver began to make a right-hand turn onto South 50th Street. The semi-truck cut the turn to close, and the trailer ran over the rear of our client’s SUV causing significant property damage. The defendant semi-truck driver alleged our client veered into the truck driver’s lane. Our client emphatically stated that the semi-truck driver cut the turn to close causing the accident. Our client began to treat by orthopedic surgeons, shortly after the accident, for neck and lower back pain. An MRI of his lower back and neck was taken which revealed several herniated discs. Our client had numerous injections into his lower back and other conservative procedures which failed. His surgeon opined he needed lower back surgery. Our client agreed to undergo that procedure to alleviate his severe lower back pain that radiated down his legs. The lower back surgery was a success. Our client had multiple neck injections and conservative procedures which ultimately helped alleviate some of his neck pain. He continued to suffer intermittent and occasional neck pain. A demand was made to the defendant’s driver’s insurance company. The insurance company alleged our client was at fault for veering into the semi-tractor trailer driver’s lane. The insurance company merely offered 50,000 to settle the case. A suit was filed. Our office took the deposition of an eyewitness to the accident which proved the semi -tractor-trailer driver was at fault and caused the accident. A lengthy deposition of the semi-tractor trailer driver was also taken which revealed significant credibility problems considering the eyewitnesses’ testimony. The defendant’s insurance company offered $400,000 to settle the case at the mediation conference. That offer was rejected. After the case progressed through litigation the case finally settled for $775,000 several months after the mediation conference. Settlement $275,000 Rear End Motor Vehicle Accident / Sciatica Diagnosis Details: Our client was riding as a passenger in a vehicle that was rear-ended. The defendant was driving a commercial vehicle in the course, and scope of his employment. Our client was 46 years old...

Abrahamson & Uiterwyk Announces Their July 2021 Law School Scholarship To Promote Diversity Second Runner-Up

Jul 19, 2022 | Category: Articles & FAQ | By Sterling

Jasmine Marchbanks Owel is our 2021 Law School Scholarship To Promote Diversity second runner-up. Here is her essay: Essay Returning to the United States after eight months abroad and amidst the worldwide Covid-19 pandemic presented a stark reminder of the severe racial inequalities that exist in education, healthcare, employment, and housing. These realities motivated me to use my skill set and voice to advocate for Black people in my community. As a Peace Corps volunteer, learning to work with stakeholders and advocate for vulnerable groups through community activism was essential. When I returned home, I sought to collaborate with other organizers in my hometown. Upon joining local activist groups such as #RethinkPublicSafety, Congregations for Prophetic Engagement, and The Black Parent Alliance, we discovered that my former high school district had one of the highest racial disparity rates between Black and white students in Southern California. Black students are three times more likely to be expelled and suspended in the district than their white counterparts. Racialized complaints are severely underreported, and many Black students are berated by administrators, teachers, and peers. Upon review of the data, I requested a meeting with district representatives to discuss problematic teachers and racialized incidents myself and my peers endured in high school. Many of the same teachers who had terrorized us still worked in the district. During the meeting, the district refused to confront or acknowledge the ongoing prejudice and racism students experienced, despite offering restorative solutions. Feeling rejected by district administrators, I looked for other solutions. The thought process of the district had to change. The meeting served as a catalyst to reach out to current students, alumni, and teachers on social platforms to encourage them to send narratives of the racialized experiences they had endured in the district. Realizing the need to solicit support from local community activists, stakeholders, and grassroots service providers, it was necessary to work together to collect narratives. In less than a month, we collected over 200 narratives detailing racism, homophobia, xenophobia, and sexism from students, alumni, teachers, and parents all over the Inland Empire, spanning back ten years. The majority of the narratives were uploaded through an Instagram account called @ie.confessions to create a space for students, teachers, and alumni to anonymously detail their experiences without repercussions. These narratives provided insight into the racialized disparities within the district and validated my experiences and those of my peers. With this data available, we changed our strategy and scheduled an additional meeting with the school district. I authored an eight-page proposal declaring racism as a public health crisis. We presented the proposal along with data on retention, over 50 narratives from students in the district encompassing all eight high schools, and a list of demands. Some of the demands included more support for Black students, more mental health care resources, and the removal of on-campus police. With the support of stakeholders, parents, and alumni, I knew that I was no longer alone in pushing for more equitable policies. Three months after the initial meeting with district administrators, on September 15th, 2020, Chaffey Joint Unified High School District declared racism a public health crisis and publicly apologized for the adverse and traumatic experiences students endured. Through the work in my former school district, I began to counsel and collaborate with additional groups of parents, alumni, and students from neighboring school districts, counties, and cities. Working together, we created significant change and passed progressive policies throughout Southern California. The American Civil Liberties Union (ACLU) requested to use the 200 narratives we collected for their annual school district racial equity report cards. As I reflect on my time in Costa Rica, the utilization of the education I had received and the experiences of working with various Costa Rican stakeholders to advocate for Black people led to a passion to support community leaders and activists in my hometown. This passion compelled me to apply and enroll as a student at Howard University School of Law to become a civil rights attorney and serve as a social engineer. I aspire to work hand in hand with communities and organizations that move past the performative actions many people in our society have settled to accept and focus on racial justice, equality, and inclusion.

Abrahamson & Uiterwyk Announces Their July 2021 Law School Scholarship To Promote Diversity Runner-Up

Jul 19, 2022 | Category: Articles & FAQ | By Sterling

Natassja Urrutia is our 2021 Law School Scholarship To Promote Diversity runner-up. Here is her essay: How will you use your legal education to impact your community? In 2010, my father suffered from a stroke and had to close his Peruvian restaurant indefinitely. Because of his inability to work, my father turned to drugs — forever changing my life. My father quickly became addicted to methamphetamine. My father’s addiction turned my simple life into a living nightmare I thought would never end. While my mother was the only one supporting the family working 50+ hours, my father was destroying my childhood. My father would get so high so often that he would forget about my brother and me. He would leave us in the car for hours while he was getting high, forced us to walk miles after school just to get home, and worst of all, he made my brother kneel on the ground in a women’s dress to kick the “gay” out of him. My father’s addiction led to Child Protective Services removing my brother and I from the safety of our home. The days following my removal from home were a blur. For the first time in my life, I felt as if I had lost all control over my life. During this same, maddening time, I embarked on my first year of high school. I had to mature at a much younger age than my peers because I had to take care of myself and my younger brother while navigating the foster care system amid legal battles, court dates, school, and the stress that came with it all. My mother fought day in and day out to get my brother and I back into our true home. At the beginning, my mother could afford a private family attorney, but as the case continued for months on end my mother no longer had the financial means to afford a private attorney. She was then assigned a court-appointed attorney, who could not even remember my mother’s name. In those long horrific months sitting in the courtroom, no one heard my voice, no one heard what I wanted, and no one heard where I felt safest. The social worker spent her time advocating that my mother was an unfit mother for allowing my father to continue to live in the house. She claimed that it would be best if my brother and I were apart, which was the exact opposite of what we truly needed — each other. During that time, I spent most of my time in therapy trying to piece together what was happening around me, making up schoolwork from so much class that I had missed and waiting for Sundays, where I would get supervised visitations with my mother and brother. Almost six months later, I moved back into the comfort of my home with my mother and brother and I was no longer missing class for court. Life was as it always should have been, but the moment I stepped back into my house, I vowed that I would pursue a career in which I would serve others. I vowed to myself to help others who are forced to navigate through the criminal justice system and are left feeling unheard, underrepresented and feeling left as if they do not have a true advocate in their corner. While my life got better, it did not get easier. My mother was diagnosed with clinical depression and was forced to quit her job. My mother worked as many side jobs as she could to have some income. We lived paycheck to paycheck while maxing out credit cards as soon as my mother could get approved. My family learned to take good care of our personal items in an effort to prolong their use, and it was those daily struggles that motivated me to improve my life. In my pursuit for better a future, I chose to focus on continuing my education. It was a milestone in my family to be the first in my family to have an education past high school. I was accepted into The University of Nevada, Reno. I worked and studied full-time, to not burden my mother financially. After I graduated in 2018, I took a year off from school to save money and help my mother with her bills before embarking on my higher legal education. In August 2019, I started my 1L year at the University of San Francisco School of Law. As a child, my voice was not heard in the courtroom. I remember feeling hopeless, stuck, and unable to help myself. Fueled by those memories, I continue my education. I want to advocate for those who cannot advocate for themselves because they do not understand how the criminal justice system works. I know what it is like to feel helpless and uncertain about how to navigate through a courtroom and I can use those experiences to show my clients compassion, gain their trust, and be a great advocate. After I graduate, I want to continue to help the indigent people in my community of Contra Costa County. As, someone who has dealt with the criminal justice system, I have felt what is to not have anyone in your corner, and as an attorney, I want to be that advocate fighting vigorously for my community. The work of a public defender is vital and important because as a right, everyone deserves the representation of a true advocate. In criminal law, people’s freedoms are always at stake and every person, regardless of their income, deserves the chance to have proper representation and a zealous advocate fighting for their rights. I want to be a Public Defender to fight day in and day out for the rights of those who are disproportionally at a disadvantage when up against the criminal justice system. We are all somehow part of the system, and as an attorney I want to be the best part of the...

Abrahamson & Uiterwyk Announces Their July 2021 Law School Scholarship To Promote Diversity Winner

Jul 19, 2022 | Category: Articles & FAQ | By Sterling

Rya Nelson is the winner of our 2021 Law School Scholarship To Promote Diversity. Winning Essay: My name is Rya Nelson and I am a rising second year law student at the University of San Francisco. I desire to purse law to empower and bring justice to immigrant lives. As a result of growing up with a single mother, I spent a majority of time with my immigrant grandfather. My grandfather was an early retiree because he had sustained an injury at work which was further compounded by his polio. He has been grappling with this crippling disease, pain, and paralysis since he contracted polio at six months old. Seeing the unfair treatment he received due to his disability and observing unfair treatment of immigrant workers at a restaurant I worked at, a fire was lit inside me. Despite this passion and personal connection, I entered college unsure of how exactly to translate this into a career. In my second year, I was approached by a professor to join the newly forming debate club on campus. I joined the club with curiosity and nervousness and I found a whole new appreciation for argumentation and public speaking. After conversing with my professor about my desire to work with immigrants, he connected me with an immigration attorney who was working on a pro bono affirmative gender-based asylum case. I had the opportunity to prepare research by reading and summarizing hundreds of pages of Honduran human rights law in addition to my 21-unit semester. I had never felt such a degree of passion for learning in all of my years in school. The attention to detail, the new vocabulary, and the feeling of wanting to provide justice for immigrants confirmed that law is the profession I wanted to pursue. I also interned at the International Rescue Committee where I received hands on experience assisting refugees and asylees with petitions for naturalization, permanent residence, and work authorization. Through direct client contact, I aided diverse refugees and asylees in handling their highly time sensitive and personal documents and gained familiarity with the fast pace of the legal profession. This position allowed me to utilize my bilingual abilities in interpreting and translating documents while making clients feel safe and comfortable. This upcoming year at USF, I will serve as a co-president for the Latinx Law Students Association (LLSA) where I will act as a liaison between the administration and LLSA. This leadership experience will allow me to effectively problem solve, motivate others, and provide a safe space for Hispanic individuals whose families have immigrated or have personally immigrated to the United States. Every immigrant’s story is unique. The sacrifices and struggles my grandfather and many immigrants have made when coming into the United States are felt through subsequent generations. I want to provide justice for individuals, acting as the advocate and educator for those who are fearful to stand up for their rights or do not know their rights. For these reasons, I know I will succeed in my future career ambitions by developing the necessary skills to serve effectively as an immigration attorney. This upcoming school year I will not be receiving any scholarships or additional funding through USF and a gracious scholarship like this could truly help with the financial burden I will have as I begin my next year.

Abrahamson & Uiterwyk Announces Their July 2021 Distracted Driving Runner Up

Jul 18, 2022 | Category: Articles & FAQ | By Sterling

Noelle Stephens is our 2021 distracted driving essay runner-up. She’s a Florida Atlantic University freshman. Here is her essay: Getting My Full Attention I’ll always remember the afternoon of September 19th, 2019. On that day, I received my driver’s license and my parents allowed me to drive a short distance, alone, for a smoothie. According to the Florida Department of Highway Safety and Motor Vehicles, I’d just joined the more than 815,000 teenagers licensed to drive in the state of Florida. For most 16-year-olds, the driver’s license is a passage to a form of freedom. That’s exactly what I felt as I drove to the Planet Smoothie and parked the car — a privilege to travel on my own, even if it meant a drive of just a mile or two. At the same time, my parents had instilled in me the fact that being a driver carries responsibility for the safety of self and others. So, when I first started driving alone, I wouldn’t dare look away from the route ahead and the cars around me. It was always two hands on the wheel and two eyes on the road. I was cautious and defensive because that’s how my parents taught me to drive. However, it only took a few weeks for me to become too comfortable in the driver’s seat. Studies from the National Highway Traffic Safety Administration show that one in five teenagers are involved in a car accident within their first year of driving. One of the primary reasons for this chilling statistic is that teen drivers are four times more likely than adults to succumb to the temptation of texting while driving. Teenagers like me are especially susceptible to frequently checking our phones because apps, and even the phones themselves, are designed to be addicting to young eyes. I know the feeling, the urge, to reach out and check my phone every time a notification dings or vibrates — and even when it doesn’t. The desire to check my phone at stoplights began to pique by October, a month after receiving my license. It seemed harmless to look down while stopped. Like so many young people, I don’t like to leave friends “on read.” We’ve grown up in a culture where instant responses are expected. So I began to rationalize that it would only take a few seconds to respond to texts and that I could use my peripheral vision to check the traffic at stoplights. My friends must have had the same mindset at the wheel. Whenever I would ride with them to volleyball practice or to grab a snack after school, I’d notice frequent glances toward their devices. Those glances gradually became longer and longer. It turns out, six of my friends were involved in car accidents in a matter of six months. They were fortunate to not suffer any serious injuries, though they did incur the cost of repairs and insurance increases. To me, it was obvious that the accidents coincided with a frightening pattern of behavior: they’d allowed phone-use habits to distract their driving. My friends weren’t the only sources of my growing fear. While driving, I’d look around and see people checking their phones and paying no attention to the road — or to me. I’d see this not only at stoplights, but also while driving on the highway. According to the Department of Motor Vehicles, it takes less than three seconds for a distraction to result in a car accident. Sending the briefest text message takes at least five seconds. This tells us that you don’t have the ability to send a message, post a Snapchat, or comment on TikTok before braking in time to avoid an accident. To help my own distracted-driving habits, I decided to set some self-imposed phone rules that my friends have witnessed and implemented as well. First, as soon as I sit in the driver’s seat, I turn on the Do Not Disturb feature, which mutes all notifications and sounds. Then I put the phone inside the console next to my seat and close it so the phone is out of sight. These simple habits make me feel safer and, ironically, more free because I’m able to react immediately when the unexpected happens. I’ve also become more aware of reckless drivers, which enables me to keep my distance from them. This is what people have known about driving for decades: defensive driving saves lives. Distracted driving does just the opposite. I’ve also created safety habits when riding with others. I offer to read texts to them or put their phone away completely. My friends have come to appreciate the gesture. It’s kind of ironic, isn’t it? Two years after receiving my license, I’m driving like I did when I was just learning to drive. I’m back to two hands on wheel and two eyes on the road — and being more cautious than ever. I’ve learned how easy it is to give into deadly temptations and to be too comfortable while driving. It feels good to have my focus back. There’s absolutely no harm in allowing Snapchat, Instagram, and iMessage to wait, especially knowing that the opposite can be so painfully true.

Abrahamson & Uiterwyk Announces Their July 2021 Distracted Driving Essay Winner

Jul 18, 2022 | Category: Articles & FAQ | By Sterling

Ciara Lusnia is our 2021 distracted driving essay winner. Here is the winning essay: Winning Essay: Admit It To Quit It Distracted driving delivers devastating data. I personally know three individuals whose lives have been changed due to a distracted driver, and that is only in the past calendar year! All injuries were to different degrees resulting from different distractions, but the bottom line is that there should be no excuse for anything of the sort; especially not with how advanced our technology is and how vocal society is about the dangers of distracted driving. Yet, it happens, and the results are unreservedly uncalled for. Something needs to change, and that change must happen now. Distracted driving kills about 8 people a day. There is not any text in the world that would justify taking someone’s life. Of course, no one ever thinks it will be them – there is a significant invincibility almost innate in the human race. Between 80-90% of drivers believe they are “better-than-average”, and this statistic is clearly impossible. What may be the root to distracted driving is thinking we are capable when we are not; and just to be clear, none of us are actually capable. It can be theorized by a psychological term, “optimism bias” which dictates that we think we are above the rest and the negative consequences could never happen to us. What is interesting, is that the complete opposite self-position is taken each time someone plays the lottery or gambles – they believe the positive effect will be their result. The main take away is that there are psychological reasonings for why some continue to drive distracted, regardless of knowing they shouldn’t and understanding what they are risking, but that is not to say that with a change in the way safe driving is spread that things may be able to improve through society’s driving. Having such close individuals to me having their lives affected by distracted driving has been a wakeup call I wish no one else to have to suffer through in order to change their distracted driving habits. My old personal excuse for having a phone within reaching distance was to access a map application as I am horrible at directions. I figured, this was acceptable as all Ubers, Lifts, and taxis have always had such a system. I copied what I saw. However, I have taken time to research the statistics of distracted driving and I have taken physical steps to eliminate my superiority-stance and admit that I am not more likely than anyone else to cause and accident. Now, when I am behind the wheel, I have completely removed my phone and place it in the middle console. Out of sight, out of mind – in theory. Although I am a visual learner and did enjoy the time when I had a map image guiding my path, I know each time I glanced at the screen for the next step was a second both my and other individual’s lives could have been changed forever. Now, with my phone in the middle console I utilize the audio version of maps and have been keen to improve my listening skills. I have a larger awareness for where I am and truly have noticed how much more I can react to. I am proud to honestly say I practice what I preach. My phone is in my car’s middle console when I am behind the wheel, not to mention in silent mode whenever in the car to prevent second-handedly distracting the driver. I would encourage others to do the same, but clearly this notion doesn’t reap the highest rewards. However, I know that other members of society and myself can take it one step further and hold each other accountable through a second level – technology. Technology has revolutionized much of society today – our bread is sliced, it can be toasted, people can go to space and 5G is coming. Why can’t we utilize this abundant and ever evolving realm of technology to combat distracted driving? What I envision is live tracking when driving (like Maps, Google Maps, Waze, etc.) with connection to the phone’s internal accelerometer or gyroscope as a mechanism to see if the phone has been picked up when driving. If the phone has been picked up, the application will blast your followers with a “Fail”. Psychologists have proven how powerful social pressure could be, and having your friends, colleagues, family and other in-app connections all be alerted that you failed in your focused driving pledge can be more powerful than perceived on paper. What motivates people (perhaps more than we wish to admit)? Money! To take this distraction-free accountable driver app one step further, a system could be composed rewarding those abiding by their pledge. This financial incentive would come out of other member’s “self-betting” fee to biannually reward those participants who met the distraction-free benchmarks. It is a great financial punishment or reward system. If there is a gap between the collected fees and the amount of successfully distraction-free individuals, which I hope there would be, it would be worth writing a governmental grant to make up for this financial gap. In summary, there is no excuse for distracted driving, especially not to the frequency it occurs today! I am proud to say I have made changes in my habits and am trying to get my friends and family to do the same. My friend’s two toes have literally been severed as a result of such a scenario! So, how can we change this human behavior? A technological app on everyone’s phones where a pledge to drive distraction-free is accompanied by social pressure with notifying your social network if you fail coupled with a financial punishment/reward system to further incentivize your hands on the wheel! This app could be the next sliced bread! References: https://www.cdc.gov/transportationsafety/distracted_driving/index.html https://psychonline.eku.edu/insidelook/%E2%80%9Cit-won%E2%80%99t-happen-me%E2%80%9D-optimism-bias

Avoid Motorcycle Accidents in Florida with These 7 Safety Tips

Jun 10, 2022 | Category: Motorcycle Accidents | By Erik Abrahamson

With more motorcycle riders on Florida roads, conscientious drivers can take steps to avoid motorcycle accidents. Besides the important safety measures a rider can take, like always wearing a helmet and never operating their motorcycle while under the influence, there are seven other basic steps that they can take to avoid these often tragic accidents. 1. Take an Introductory Riding Course Riding a motorcycle is different than driving a passenger vehicle. An introductory training course can teach the basics of how to ride a motorcycle in Tampa, FL, moving you to a novice and providing additional skills for an experienced rider. 2. Use Independent Study Most motorcycle riders learn how to ride by practicing on their own or with help from a friend. However, a wealth of information is available through books and movies. New riders can learn about the basics of motorcycle riding through these resources. This can help them avoid getting into a motorcycle accident. Another option is to subscribe to a periodic magazine that shows how to ride motorcycles safely. 3. Practice Makes Perfect for Avoiding Florida Motorcycle Accidents To become a good motorcycle rider, it is necessary to practice. When first beginning to ride, a person should practice in a safe area that is not subject to high traffic. Riders can focus on aspects such as clutch control, making maneuvers in limited spaces, braking correctly, and turning the bike as needed. Using some safety cones or bright boundaries can help a new rider learn basic skills. Riders who are just learning how to ride a motorcycle should start off slow with small goals and then slowly move toward more complicated tasks. 4. Take Another Course Skill improvement courses can help drivers continue to acquire more experience and avoid the chances of getting into a motorcycle accident. These courses help teach riders how to ride in a safe manner and avoid aggressive driving. 5. Ride Various Bikes A rider may get used to a particular bike, but this will not help the rider learn how to adjust to many different types of motorcycles on the market. Different bike designs require an altered form of riding. Taking this step can also help broaden riders’ skills. 6. Use Off-Road Using an off-road track can help riders adjust to their environment and be more in tune with their surroundings, and is a great option when you are learning how to operate a motorcycle in Tampa, FL. Using an off-road bike is best for this step. 7. Go to Track School Track schools provide riders with advanced training. Riders don’t need a sportbike to participate in most of these schools. These schools help improve riders’ skills for street riding and take place in traffic-free areas. Have You Been Seriously Injured in an Accident in Our Area? Call Our Experienced Florida Motorcycle Injury Attorneys Today! If you have been injured in a motorcycle accident, call Abrahamson & Uiterwyk today at 1-800-538-4878 for a free initial consultation and case evaluation. What Our Happy Clients Say About Us On Google: They did an excellent job with my motorcycle accident. Jennifer kept me updated with the progress of the case. Thanks again for handling my case. Mark K.⭐⭐⭐⭐⭐And see more of our 314+ reviews on Google.

What Are Average Motorcycle Accident Settlements in Florida?

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

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

Average Lower Back Injury Settlement Amounts in Florida

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

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

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

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

Spinal injuries can devastate your life. They often require extensive medical care and may leave you unable to work. If you sustained injuries that require you to have spinal fusion surgery, you might want to consider pursuing legal action against the at-fault party. A spinal fusion lawsuit settlement can ensure you get the treatment you need and cover your expenses when your injuries prevent you from working. To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. Talking to an experienced personal injury lawyer near you is the best way to understand how much your case could be worth, and what you need to do to maximize your settlement. The lawyers here at Abrahamson & Uiterwyk have over 30 years of experience helping over 20,000 residents of Florida who have suffered spinal fusion injuries recover compensation to help with medical bills, loss of wages, and other costs that can occur due to an injury of this nature. We have recovered 100s of millions of dollars for our clients and we work on a No Fees or Costs unless you win basis. Contact our office for your free case evaluation. Is There an Average Settlement Amount for Spinal Fusion Injury Claims? No two spinal injury cases are alike. For that reason, an average claim value for a spinal fusion injury case is difficult to determine. Even personal injury settlement calculators cannot evaluate all the details of your case. These are clickbait; they do not accurately assess your case. You could get a better idea of what your case is worth by looking at the outcome of similar cases. According to the spinal fusion injury settlement examples listed on this page, the typical Florida spinal fusion injury settlement is anywhere from $525,000 to $1,500,000. Settlements depend greatly on the unique circumstances of each spinal fusion injury case. The only way to know the actual value of your case, however, is to have your case evaluated by an experienced spine injury attorney in your area. Return to top ↑ Examples of Spinal Fusion Injury Lawsuit Settlements Achieved by Abrahamson & Uiterwyk $875,000/ Motor Vehicle Accident/ Pinellas County, Florida Our client was traveling south on East Lake Road in Palm Harbor, FL when she stopped at a traffic light. The defendant negligently failed to come to a stop and caused a rear end collision with our client’s vehicle. After treating for her injuries for about three months, she realized that she needed legal help to fight the insurance company. After seeing our firm’s advertising and looking at our website, she hired Abrahamson & Uiterwyk. Our client had immediate complaints in her neck and back after the accident, and she sought treatment shortly thereafter. Even though it was fairly clear who was at fault for the accident, the case presented many, many challenges. Challenging cases are something we are accustomed to. One problem is that our client did not visit the emergency room on the day of the accident. The case was further complicated by the fact that our client had seen an orthopedic surgeon for neck problems not long before the accident and had an MRI scan done. That scan showed similar findings to the MRI that was taken after the accident. This made proving that the accident caused our client’s neck problems difficult. After her initial treatment, our client underwent a number of injections in an effort to alleviate her pain, which had been worsening. She later required a neck fusion operation when the injections failed to provide significant relief. We eventually provided the insurance company with a detailed case summary and suggested a settlement amount taking into account our client’s medical bills, lost wages, injuries and pain and suffering. The insurance company was very hesitant to fairly compensate our client for her injuries. In fact, the initial offer from the company was a paltry $9,500. Nevertheless, we continued to aggressively challenge the insurance company and continued to advocate on behalf of our injured client. The insurance company continued to argue that our client’s neck problems were all pre-existing and not caused by the accident. We negotiated over an extensive period of time. During that time, we hired a forensic radiologist to compare and contrast the MRIs taken before and after the accident. The extra efforts and strategic tactics of hiring a forensic radiologist was helpful. We caused the insurance company to be increasingly concerned about the seriousness of this case. While the insurer was increasing their offers, we were still not convinced that they were fairly compensating our client. Ultimately, after approximately 20 offers and demands were exchanged, we were able to obtain a $875,000.00 settlement for our client. For a better idea of how much money you could get from a spinal fusion surgery lawsuit settlement, consider some of the outcomes Abrahamson & Uiterwyk has achieved for past clients: $1,529,282 jury verdict for spinal injuries a client sustained in a Levy County, FL car accident; $875,000 settlement for spinal injuries a client sustained in a Pinellas County, FL car accident; $750,000 settlement for spinal injuries a client sustained in a Duval County, FL premises liability accident; and $525,000 settlement for cervical spine injuries a client sustained in a Pinellas County, FL car accident. These cases are only a sampling of our achievements over the past 30 years. Our personal injury attorneys have helped more than 20,000 clients, collecting in excess of $800 million dollars in compensation. Our experienced lawyers near you will get results. When you trust us to handle your spinal fusion surgery claim, you will benefit from our depth of knowledge and personalized level of service. Return to top ↑ What Types of Accidents Can Lead to Spinal Fusion Surgery? Although any type of serious accident can lead to devastating spinal injuries, the most common causes include: Car accidents, Motorcycle accidents, Truck accidents, Pedestrian accidents, Bicycle accidents, Slip and fall accidents, Medical malpractice, Construction accidents, and Defective products. Depending on the nature of...

Average Head-on Collision Settlement in Florida

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

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

Average Truck Accident Settlement in Florida

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

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

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

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

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

Average Car Accident Settlement for a Child in Florida

Sep 28, 2021 | Category: Car Accidents | By Erik Abrahamson

As a parent, it’s difficult to see your child suffer from an injury, especially if it could’ve been prevented. After a car accident involving a child, many parents wonder what it takes to pursue compensation from the party responsible. During your research, you may be wondering what the average settlement is for a child in a car accident. Here is information you need to know about personal injury cases involving a child and how the attorneys of Abrahamson & Uiterwyk can help. Why There Is No Average Child Car Accident Settlement When it comes to calculating an average settlement for any personal injury case, it’s nearly impossible to determine an average. There are several reasons why online calculators are misleading. First, personal injury settlements often remain confidential. This means that even if someone calculated the average of all publicly available settlement amounts, it would be extremely inaccurate. Second, each case is completely unique. The average settlement for a crash involving minor injuries doesn’t necessarily reflect the potential settlement of a claim with life-altering injuries. Finally, some states have limits on the amount of damages you may collect. As a result, the highest potential settlement in one state may not reflect the potential settlement in another. Damages in a Car Accident Settlement for a Child A car accident settlement for a child depends on the types of damages sustained in the crash. In Florida, there are three types of damages available for an injured child: economic, non-economic, and punitive. Here is a breakdown of the different damage types. Economic Damages These damages refer to any economic losses associated with the accident. To qualify as an economic loss, the damage must be tangible and calculable. For car accident cases involving children, this usually comes in the form of healthcare costs, including: Emergency services, Doctor’s office visits, Surgical procedures, Follow-up treatments, Rehabilitation, Medication, Therapy, and Imaging. It’s important to note that this also includes any future medical treatment needed for the injuries. For example, if a child becomes disabled due to the injury, ongoing care and future accessibility needs may be added. Non-Economic Damages General or non-economic damages include any losses that aren’t calculable or tangible. A good example of this is the pain and suffering the child may go through as a result of their injuries. Here are some other examples of non-economic damages: Permanent disfigurement, Loss of quality of life, Loss of enjoyment, Chronic physical pain, Emotional anguish, Psychological pain, and Permanent disability. Since non-economic damages are subjective, it’s nearly impossible to calculate an average. There are numerous factors that go into determining non-economic damages. This may include the family’s circumstances and the child’s health history. Every jury interprets these facts in a different way, so non-economic damages vary widely between cases. Punitive Damages In rare cases, courts may award punitive damages to the plaintiff if the defendant acted with gross negligence or intentional misconduct. These damages are meant to punish the defendant for exceptionally irresponsible behavior. According to FS 768.72(a), intentional misconduct “means that the defendant had actual knowledge of the wrongfulness.” In addition, they must have intentionally pursued the action that led to injury despite knowing the risk. Gross negligence occurs when the defendant had an “indifference to the life, safety, or rights” of the plaintiff. While most cases don’t include punitive damages, it’s possible that the court or jury may award them depending on the circumstances. Special Laws Regarding Personal Injury Claims for Children in Florida In the state of Florida, minors may not file a personal injury claim under their own name. Instead, the parent or legal guardian of the child must file the claim on their behalf. The court has its own approval process to make sure that the claim is for the benefit of the child and not the parents. For example, under FS 744.387(3) if the legal guardian of a child files a lawsuit on their behalf, the court must approve the settlement amount and terms. In addition, the parent may only settle the claim if it does not exceed $15,000. In cases where the settlement exceeds this amount, the court usually appoints a guardian to protect the settlement amount and distribute it to the child when they reach the age of 18. There are a few situations in which a parent or legal guardian may recover compensation for their own losses resulting from their child’s injury. If the child sustains a significant injury that results in permanent disability, their parents may file a filial consortium claim. Florida is one of the few states to recognize this type of claim. According to FS 768.0415, any person who negligently causes a significant permanent injury to a child is liable for damages to the parents. This includes permanent loss of services, companionship, comfort, and society. How to Secure Evidence One of the most important aspects of your case is evidence. In Florida, a car accident settlement for a child usually depends on the evidence showing the defendant’s negligence. Here are some steps you can take to collect the evidence you need after the accident. 1. Photograph or Take Video of the Scene If it’s safe to do so, try to take pictures at the scene of the crash. This includes any vehicle damage, injuries, and road conditions. Make sure to also include any photos of tire marks as well to assist with accident reconstruction. These details serve as important evidence in your case. 2. Collect Copies of Medical Records When you get treatment for your child’s injuries, try to get copies of their record of treatment. Many insurance companies try to minimize or deny a claim if the claimant doesn’t immediately seek medical attention. If possible, ask the doctor to include statements about the severity of your child’s condition and whether it requires further care. 3. Ask Witnesses to Provide a Statement If your accident occurs during the day on a busy road, chances are there may be witnesses. If you can, ask any potential witnesses...

Average Car Accident Settlement for Permanent Injuries in Florida

Sep 28, 2021 | Category: Car Accidents | By Erik Abrahamson

If you suffered permanent injuries in a Florida car crash, you face a challenging future. You might require long-term treatment and in-home or residential care. If your injuries prevent you from performing your work duties, you could be facing a lifetime of inability to even earn a living. You might never be able to enjoy your favorite activities or interact with your loved ones in the same way you did before. Nothing can undo the damage you have suffered. However, you can hold the at-fault party financially responsible for their negligence by pursuing legal action. An experienced personal injury attorney can help you get the justice and financial compensation you deserve. The Florida car accident lawyers of Abrahamson & Uiterwyk are here to help. We understand how incredibly frightening and confusing your situation is. We will fight to get you the car accident settlement you deserve for your injuries. Because it can be difficult to identify an average car accident settlement value in any case, we offer a free consultation and case analysis for injury accident victims. Our compassionate and knowledgeable attorneys can provide you with the answers and information you need to take the next step. What Is the Average Car Accident Permanent Injury Settlement in Florida? The settlement you need—and deserve—will include compensation for all your damages, both economic (for example, medical expenses and lost wages) and non-economic (for example, pain, suffering, and emotional distress). Unfortunately, it’s virtually impossible to identify any average permanent injury car accident settlement amount. The nature of your injuries will determine the type of treatment and care you need. The value of your injuries depends on how they have changed your life now and how they will impact your life in the future. The best way to determine what your settlement value might be is to contact our office. Once we understand the details of your accident and what you are going through, we can provide you with an estimate of your claim’s value. We can also provide you with our opinion of how long it could take to negotiate a settlement and get a check in your hand. How Are Permanent Injury Settlement Amounts Calculated? In a typical personal injury case, victims may be entitled to recover compensation for some or all of the following. Emergency medical treatment costs, Doctor and surgeon costs, Hospital costs, Medical imaging and testing, Prescription medications, Medical devices, Lost income, Lost benefits, Emotional trauma, and Pain and suffering. If you require future medical treatment or you won’t be able to return to work right away, your attorney might also seek damages for the estimated cost of future treatment and future lost income. However, anyone who suffers permanent damage, disfigurement, scarring, etc. could be entitled to compensation for additional damages. If your permanent injury involves facial scarring, for example, several factors will influence the monetary value of the corresponding damages. This might include the extent of the scarring, your age, and how possible it might be to surgically correct or improve the scarring. As you might have determined, calculating the settlement value for any type of long-term or permanent injury is highly complex. To obtain an accurate assessment of your case value, you need to speak to an experienced attorney who understands this complex facet of the law. How Do Car Accident Settlement Calculators Work? If you spend any time searching online for the average car accident settlement with permanent or long-term injuries, you have likely discovered multiple personal injury settlement calculators. These tools promise to calculate the potential value of your claim in a matter of moments. Settlement calculators typically ask you to enter information such as the following: The amount of your medical bills, The amount of your personal property damage, The amount of your lost income, The estimated cost of future medical care, and The value of your future lost wages. Some calculators also ask you to identify a multiplier for general damages or pain and suffering. You click on the “Calculate” button and you essentially get a total of the damage values you entered times the multiplier you provided. The problem with this process is that few serious or permanent injury accident victims have any idea what the true value of their damages are or will be. In some cases, settlement calculators won’t even give you an immediate response. Instead, you will be asked to provide your name and contact information so that someone can reach out to you. At that time, you will hear a pitch about why you should choose that law firm to handle your case. The bottom line regarding permanent injury settlement calculators is that—without all the details of your case—no calculator or individual can provide an accurate estimate of your claim’s value. In most cases, these calculators primarily serve as marketing tools for law firm websites. How Our Car Accident Attorneys Can Help You Get a Permanent Injury Settlement Getting a fair financial settlement is critical for permanent injury victims. You will face injury-related challenges for the rest of your life. You may need financial resources for medical treatment or care. You might need to make accessibility modifications to your home or vehicle. If you can’t work, you will need money to pay for your home, utilities, and living costs. You simply cannot leave your future to chance. Insurance companies will attempt to deny or undervalue injury accident claims, even when the victim has suffered permanent disability, disfigurement, scarring, or other serious and long-lasting injuries. If they succeed in denying your claim or get away with giving you a token settlement, you won’t get the resources you need for the future. Working with our experienced attorneys provides multiple advantages. We know how to calculate the value of your claim and document it persuasively. We level the playing field with the insurance company, forcing them to deal with your case in good faith. We investigate your case to demonstrate the at-fault party’s liability for your damages. We stand by your...

Average Settlement for Passengers in Florida Car Accidents

Sep 28, 2021 | Category: Car Accidents | By Erik Abrahamson

A car accident can change your life. But what if you weren’t the driver? After suffering injuries, property damage, and emotional trauma, you may wonder, “What are my rights as a passenger in a car accident?” Your medical bills may be piling up, and it may be difficult, or impossible, to work. The good news is even if you weren’t driving, Florida law entitles passengers to file a lawsuit for damages. Personal injury lawsuits are complicated. You may feel ready to accept any offer to alleviate your financial and emotional burden. But moving forward doesn’t always mean settling for less than you deserve. A compassionate, but aggressive, personal injury attorney protects your rights to obtain just compensation, so you can focus on your recovery. What Are My Rights as a Florida Passenger in a Car Accident? How much money a passenger in a car accident can get depends on multiple factors. But even if you weren’t driving a car involved in a car accident, you can still recover compensation for your injuries. To do this you must file a claim against the responsible party or parties. There may be a number of reasons a driver may be at fault for causing an accident. However, this determination is not always cut and dry. Unfortunately for passengers in a car accident there is no “magic” settlement calculator to concretely determine how much money you’ll recover. Although the facts of each person’s case are different, reviewing your case with an attorney may provide a clearer picture as to the value range for your case. What Factors Affect My Claim? Various factors affect a personal injury claim. If your case goes to trial, your fate is left to the jury to decide how much your injuries are worth. If your attorney negotiates a settlement for your injuries, you and the liable party agree on a monetary value. Deciding how to move forward depends on discussions with your personal injury attorney and the particular facts of your case. Insurance Florida law requires the following types of insurance coverage: A minimum of $10,000 of property damage liability coverage (PDL), and A minimum of $10,000 of personal injury coverage (PIP). It’s generally a good idea to obtain more than the minimum insurance coverage, but many don’t. While $10,000 sounds like a lot of money, it often fails to cover the medical expenses after a car accident. Passengers in a car accident don’t usually tap into the PDL. This coverage pays for property damage caused to another when you are at fault for the accident. Passengers are rarely at fault for a car accident. No-Fault Rules Florida is a “no fault” state when it comes to car accidents. This means that after a car accident, your own PIP insurance pays your medical bills and other financial losses. To some, it may be frustrating to be unable to collect from the driver that caused your injuries. However, Florida’s PIP requirement allows many to recover quickly for their financial losses following a car accident. One downside to PIP coverage is that non-economic damages, like pain and suffering and emotional distress, are not recoverable in an accident not involving serious injury. Injury Threshold Despite its no-fault rules, Florida law does permit you to file a personal injury lawsuit against an at-fault driver and recover pain and suffering damages in some circumstances. However, you must meet an “injury threshold.” This “injury threshold” is satisfied if you have one of the following injuries: Significant and permanent scarring or disfigurement, Significant and permanent loss of an important body function, or Permanent injury within a reasonable degree of medical probability. Establishing an injury threshold requires a medical evaluation. Therefore, it’s crucial to seek medical attention promptly after a car accident. Proving Liability Even passengers in car accidents must establish liability to recover compensation. This means you must prove that the other driver caused your injuries. Your personal injury attorney works to establish the driver’s responsibility using existing evidence. In most situations, the evidence shows that the driver was negligent. The following elements must be present for a negligence claim: The driver owed a duty of care to safely operate their vehicle, The driver breached this duty of care, and The driver’s breach resulted in your injuries. The liable party may argue that you were also at fault for causing the accident. If proven, this may reduce the value of your claim. However, you’re unlikely to share fault for the accident if you were not driving the car. Medical Expenses In some situations, the insurance company may push you to agree to a settlement value before you know the extent of your injuries. Your medical injuries may cause significant, long-term issues for which you are unaware until a complete medical evaluation is conducted. While it may be tempting, it’s never advised for a passenger in a car accident to accept the first settlement offer. Complete medical expenses may be unknown immediately after a car accident in Pinellas Park and may include the following: Ambulance transport, Emergency department services, Medical services, Hospitalization, Medication, Diagnostic testing and lab work, Physical therapy, Rehabilitation, and Follow-up treatments. Gaining a complete understanding of your medical injuries is crucial to understanding the value of your claim. Therefore, complete all recommended medical treatment as prescribed by your physician. Ability to Work Another factor affecting the value of your claim is your ability to work after a car accident. Your injuries may be severe enough to keep you from working or working your job in the same manner you did prior to the car accident. Lost wages can make up a substantial part of a car accident claim. Keep all records related to your employment. Proof of lost wages and reduced earning capacity are shown through pay stubs and tax returns. Your personal injury attorney then compiles this evidence to create a more accurate value of your claim. Out-of-Pocket Expenses Out-of-pocket expenses may affect possible settlement values. For example, the following out-of-pocket expenses create...

Average Settlement for Bicyclist Hit By a Car in Florida

Sep 28, 2021 | Category: Bicycle Accidents | By Erik Abrahamson

The popularity of bicycling as a form of commuting, recreation, exercise, and sport has increased over the years, with more than 48 million Americans participating in 2019. While bicycling provides countless benefits to riders in terms of efficiency, health, and the environment, with benefit comes risk. In fact, Florida recorded a record 6,678 bicycle crashes on roadways in 2019. Very few cyclists hit by a car walk away with minimal injuries. Florida law permits bicycle accident survivors to pursue a personal injury lawsuit for their injuries. Many personal injury lawsuits reach settlement before trial. However, achieving a fair settlement for your injuries requires the help of an experienced personal injury attorney. Common Causes of Bicycle Accidents Bicycle accidents can occur anywhere. However, bicyclists are often disproportionately injured in these accidents compared to motorists. Without a car to shield them, bicyclists have no physical protection other than their helmets. Even on neighborhood streets and at low speeds, bicycle accidents result in severe and sometimes fatal injuries. Bicycle accidents may be caused by any number of factors. These factors are important because they are used to establish fault. Common causes of bicycle accidents include: Driver inattention, Failure to yield, Speeding, Dangerous road conditions, Riding at night, Impaired driving, and Bad weather. While many bicycle accidents result from driver error, in some situations, bicyclists may be found at least partially at fault for an accident. Bicyclists should ride with caution at all times. However, when certain unavoidable conditions exist, such as dangerous weather or road conditions, bicyclists should raise their awareness to protect themselves from risk of bicycle accidents. How is Fault Determined? When determining fault, Florida operates under a system of pure comparative negligence. This means that even if a bicyclist partially caused their accident, they are not barred from recovering damages. Any value or settlement, however, is reduced by the bicyclist’s percentage of fault. Consider an example where a court finds a cyclist 20% liable and a driver 80% liable for a bicycle accident. In this situation, the court awards the cyclist 80% of their damages. Pure comparative negligence also impacts settlements because these percentages would be factored into negotiations. What Should I Do First? There are many steps to take after you suffer an accident on a bicycle. Knowing what to do immediately following a bicycle accident makes a difference in maintaining control and protecting your rights. Seek Medical Attention Even if you believe you have not been injured, seek medical attention. You may suffer injuries you are unaware of immediately following an accident. Medical records legitimately document your injuries and may increase the value of your bicycle accident settlement. Additionally, follow all required medical directions and recommendations for your recovery. Failing to follow through with prescribed medical treatment may negatively affect the value of your case. Document the Scene If physically able, write down every detail about the accident, including the following information: Where and when you were hit by a car; Road, traffic, and weather conditions; and Diagrams showing the position of parties involved. Take photos of the car that struck you, the license plate of the vehicle, your injuries, and damage to your bicycle. Additionally, exchange contact information with the driver. This includes a photo of their driver’s license and their insurance information. Call 911 Call and wait for law enforcement officials to arrive at the scene. Responding officers create accident reports. These reports provide crucial, unbiased information used in bicycle accident lawsuits and settlement negotiations. Additionally, law enforcement officials assess the scene and determine whether other factors may have contributed to the accident, such as driving under the influence. Never Negotiate with the Motorist Even if a driver accepts blame for a bicycle accident, never accept any offers of settlement. You don’t know the full extent of your injuries and damage to your bike. Keep All Documentation Your personal injury attorney will review and analyze all documentation related to your bicycle accident. Medical bills, bicycle repair receipts, and pay stubs are used to calculate the value of your claim. What Duties Do Bicyclists Have in Florida? Florida law defines a bicycle as a vehicle. Therefore, Florida cyclists have all the same privileges, rights, and duties applicable to drivers. Bicyclists in Florida must undertake certain responsibilities. First, all bicyclists in Florida must ride in the bike lane if traveling at speeds slower than vehicle traffic. If no bike lane is available, bicyclists must ride as far to the right as is safe to avoid interrupting traffic. If a bicyclist is younger than 16 years of age, they must wear a helmet at all times. Bicyclists also must obey all traffic signals while biking. Is There an Average Settlement for a Cyclist Hit by a Car? There is no predetermined amount of money that a cyclist hit by a car can expect. Settlement depends on the success of negotiations and the particular facts of your case. However, your personal injury attorney may provide insight as to what damages you may be eligible to recover in your lawsuit. Additionally, once they have reviewed all relevant information related to your case, a personal injury attorney may provide you with a range of estimated settlement values. What Factors Affect the Value of My Bicycle Accident Case? Those injured in a bicycle accident may recover for economic and non-economic losses. Economic Damages Economic damages include those tangible, calculable losses related to your bicycle accident. The most common economic damages include the following: Past and future medical expenses, Lost wages and future loss of income, and Property damage and repair. Economic damages are generally easy to quantify and prove with documentary evidence. Recovery of these damages often alleviates the financial burden many feel following a bicycle accident. Non-Economic Damages Non-economic damages do not have a specific monetary value and can vary widely. These losses may include: Pain and suffering, Emotional distress, Loss of consortium, Loss of companionship, Disfigurement, and Mental anguish. Non-economic damages may vary from a fraction of the cost of your...

Average Spondylolisthesis Car Accident Settlement in Florida

Aug 25, 2021 | Category: Car Accidents | By Erik Abrahamson

Sometimes referred to as spondylosis, spondylolisthesis is an injury that is quite common after car accidents. Spondylolisthesis is a type of spine injury wherein your vertebrae are forced out of alignment. This can happen when your vertebrae are subject to trauma that pushes your spine either forward or backward. It is not difficult to see how easily this injury can arise after a car accident. After all, our backs absorb a great deal of the kinetic energy that car crashes subject our bodies to. Untreated spondylosis caused by trauma can lead to a number of long-term health complications, not the least of which is excruciating back pain. If you develop spondylolisthesis after a car accident, you should include it, and its effects, in your claim for damages against the responsible party. What Is the Average Spondylolisthesis Car Accident Settlement? A frequently asked question that our personal injury team at Abrahamson & Uiterwyk hears from our clients is, What is the average spondylosis car accident settlement? This is a very reasonable question for any injured party to ask. If you know what the average settlement is, you can get an idea as to what you can expect with your own spondylosis settlement. Unfortunately, there is no clear answer that we can give to this question. We are unable to provide an average spondylolisthesis settlement because there is no average settlement. Why? Because there is no average car accident, no average injury, and thus no average spondylosis case. Every injury that we help our clients recover from is unique. There are numerous factors that can affect your spondylosis settlement claim, or any other personal injury or car accident claim for that matter. The only way to get an idea of what your settlement will look like is to try to account for the various factors that affected your accident and injury. How Can I Maximize My Spondylolisthesis Settlement? To maximize your spondylosis settlement, there are quite a few different things you can do. With that said, however, there are two things you can do to really set your claim up for success: Carefully document all the damages you suffer related to your spondylosis; and Work closely with an attorney as soon as possible after your injury. If you take these two steps, and are consistent in doing so, you will go a long way toward maximizing your claim value and avoiding any unpleasant surprises in the claim’s settlement negotiation process. Documenting Your Damages To claim compensatory damages for your spondylolisthesis, you first need to prove that you have spondylolisthesis. Furthermore, you must prove that the injury stems from your car accident. The only way to establish whether you have spondylosis and to what degree is with the help of diagnostic studies such as an x-ray or CT scans. There are five grades of vertebrae slips. On one end of the spectrum, grade I is the least severe and features a vertebral slip of less than 25%. On the opposite end of the spectrum is a grade V, which features a vertebra that slips entirely off the vertebrae below it. The more severe your slip is, the more treatment will cost and the more your settlement value will be. You should keep a record of any medical treatment or evaluation that you seek. In your record, you should include any bills, invoices, or insurance payments that arise from such treatment or evaluation. Furthermore, every time you seek any sort of treatment or evaluation, you should get a copy of your treatment provider’s notes for that specific visit. By documenting the existence of your injury and the costs of treatment, you can prove those damages exist. Without such a record, proving those damages is difficult. On top of maintaining your medical record and a record of related bills, you should maintain a journal of your symptoms. Keep a daily record of any physical, mental, or other harmful effects that arise out of your injury. If you have any sort of pain, be sure to assign a numerical value to that pain. With this record in hand, you can further prove the damages you suffer, including intangible, non economic damages. With effective documentation, you can really maximize the value of your claim. Hiring an Attorney Aside from documenting all your damages, hiring a personal injury attorney to represent you in your spondylolisthesis claim is the best thing you can do to maximize your claim. By consulting with an attorney as soon as possible after your accident, your lawyer will have the time necessary to prepare the most effective legal strategy for your specific claim. If you wait to hire an attorney, your lawyer may not have the time and resources to prepare the most effective legal strategy. Furthermore, the longer you wait to hire an attorney, the closer you get to allowing the statute of limitations to expire. After that period expires, courts will reject any related legal claim. Finally, your lawyer will help you document your damages and injuries and can help connect you with the right medical specialists for your specific injuries. The sooner this happens, the better your eventual settlement will be. What Is It Like Dealing with Insurance Companies? Trying to deal with insurance companies on your own is often quite difficult. Insurance companies make their money by paying out the smallest amount they possibly can for each given claim. Thus, they often prey upon individuals who try to negotiate settlements without the help of an attorney. One of the ways they do this is by repeatedly making settlement offers that don’t fully compensate you for your damages. They do this to drag out the negotiations process, wear you down, and hope that you will have to take their lowball offer when the statute of limitations is close to expiring. Conversely, if you have an attorney on your side from the outset of settlement negotiations, insurance companies know that their unfair negotiation tactics are less likely to work. As a result,...

Average Premises Liability Settlement in Florida

Aug 25, 2021 | Category: premises liability | By Erik Abrahamson

In Florida, as in all other states, the owner of any property where other people are present must maintain safe conditions. If an owner fails to maintain safe conditions on their property, they are liable for any damages caused. In other words, if you get hurt on someone else’s property due to unsafe conditions, chances are that you have the right to seek compensation in a premises liability claim. One of the most common questions we get from our clients regarding premises liability is, What is the average premises liability settlement offer? Unfortunately, we cannot provide a definitive answer to this question because it depends on your circumstances. Read on to learn more about Florida premises liability settlements and why the answer to this frequently asked question is less than straightforward. What Is the Average Premises Liability Settlement? The truth is, there is no average injury. Furthermore, there is no average accident. Thus, there is no average settlement amount as every situation is different. This applies to any personal injury, not just one arising out of premises liability. As a result, average premises liability settlements simply do not exist. How Can I Maximize My Settlement Amount? There are many ways that you can maximize your settlement. Some are out of your power, but there are two things fully within your control that you can do to help maximize your premises liability settlement amount: Hiring an attorney to represent you in your premises liability claim; and Meticulously documenting all the damages that you suffer. If you do these two things immediately after your accident, it will go a long way toward setting up your claim for success. How Hiring an Attorney Can Help Maximize Your Premises Liability Settlement Hiring an attorney to represent you in your premises liability claim as soon as possible after your accident will set you up for success in a number of ways. First, hiring a lawyer immediately after your accident will help you ensure that the statute of limitations does not expire before you are able to file a lawsuit. Sometimes, professional parties slow negotiations to a crawl when they are in a dispute with a non professional party without legal representation. In such instances, the bet they make is that the statute of limitations will expire by the time you realize that settlement negotiations aren’t going anywhere and need to file a lawsuit. If you don’t file a lawsuit in Florida’s civil courts before the expiration of the limitation period, the courts will reject your claim. Thus, hiring an attorney as soon as possible can prove critical to your case. Aside from ensuring that the statute of limitations does not expire, hiring an attorney right after your accident will help you pursue the right legal strategy. Since all accidents and injuries are different, every injury claim requires a different approach. Ensuring that you pursue the right legal strategy right off the bat will help you maximize your settlement and speed up the process. The sooner your case settles, the sooner you can take care of your expenses. How Documenting Your Damages Helps Maximize Your Settlement You can also maximize your premises liability settlement by carefully and meticulously documenting all the damages that you suffer. Proving that you suffered specific losses is essential to recovering any of those damages. For any medical treatment or evaluation you receive, you should obtain a copy of the doctor’s notes and report. Tell your medical provider ahead of time that you need as much documentation as possible, so they will make their reports more detailed. You should also maintain a journal documenting any physical or mental strain, pain, or other harmful effects that you suffer from as a result of the injury. Finally, be sure to seek treatment for all the accident’s harmful effects. Sometimes pains and aches that appear minor at first can devolve into serious conditions. With proper documentation of all of the damages you suffer, proving and recovering those damages is a whole lot easier. How Does One Establish Premises Liability? To hold a property owner liable for injuries you suffer on their property, you need to prove their liability. A property owner isn’t responsible for all injuries that occur on their property, only some. Specifically, property owners are not liable for injuries that are caused by a person’s own negligence. Instead, they are only liable when you, the injured party, can show that they failed to maintain a safe premises and their failure causes an injury. To illustrate this concept, let’s sketch out a quick example: a slip and fall in a grocery store. Imagine that a shopper at a supermarket slips on spilled milk on the floor. The spill had been there for twenty minutes and there was no sign warning of the hazard. The owner in this instance likely acted negligent in failing to dry the floor and in failing to warn patrons of the spill. Because of their negligent failure, the shopper fell and suffered an injury. In this case, liability is pretty cut and dried. Now, imagine the same situation as above, but with a couple notable differences. First, the wet floor is properly marked and cordoned off to dissuade customers from entering the dangerous area. Second, instead of walking in the store, the shopper decides to roller skate into the store to grab a drink while out for some exercise. Despite signs prohibiting roller skating in the store, they do it anyway. Otherwise, the situation is the same: the shopper slips on the wet floor, falls, and breaks their leg. In this situation, the chances of holding the store owner liable for the accident is slim to none because the shopper acted negligently. First, they failed to follow the store’s rules by skating in the store. Second, they failed to obey the markings that closed off the area of the store with a wet floor. The store owner did what they could to maintain a safe premises, but due to the...

Average Farmers Insurance Settlement Amount in Florida

Aug 25, 2021 | Category: Accidents | By Erik Abrahamson

If you have a car insurance claim involving Farmers Insurance, you are naturally curious about how their process works and how they are to deal with. You might also be curious about the average Farmers Insurance payouts for a car accident or another type of personal injury claim. Whether you or the other driver had Farmers Insurance coverage, the claims process is essentially the same. The value of your claim will depend on the specific economic and non-economic damages you suffered. However, you could be entitled to pursue compensation for your medical treatment, lost income, personal property damage, and some types of pain and suffering. In Florida, the car accident attorneys of Abrahamson & Uiterwyk provide compassionate and aggressive legal representation to injury accident victims. We have a long history of negotiating settlements with Farmers, and we understand how to get the maximum compensation for your damages. What Is the Average Farmers Insurance Claim Settlement Amount? Every injury accident victim’s experience is unique, as are the damages they suffer. This makes it virtually impossible to estimate any type of average Farmers Insurance settlement amount in Florida. Your claim’s value will be based on your actual damages. This could include your medical care and treatment, lost income, car repair or replacement cost, etc. In Florida, you might not be able to recover compensation for some types of emotional distress. Florida law limits mental suffering and emotional trauma damages to only those that cause the victim to have some kind of resulting physical manifestation. To determine what the potential value of your claim might be, schedule a consultation with a knowledgeable Florida injury accident attorney. After reviewing the details of your case, an attorney can provide you with an estimate of your claim’s value and how long it might take to negotiate a settlement with Farmers. Farmers Insurance Company Information Farmers was founded in 1928 for the purpose of providing coverage for the vehicles of rural American farmers. Today, the company offers a wide range of products, including property and casualty insurance, life insurance, and business insurance. The company also owns several smaller insurance companies, including Foremost Insurance, Bristol West Insurance, and The 21st Century Insurance Group. The company is currently in the process of acquiring other entities, including MetLife. Over the years, Farmers has had its share of consumer complaints and legal problems. In fact, the company was previously named as one of the poorest performers for paying auto accident claims. How Long Will My Farmers Insurance Claim Settlement Take? If you read through some of the Better Business Bureau consumer complaints against the company, it seems as though Farmers Insurance settlement checks don’t always show up when claimants believe they should. Although it’s difficult to determine what the real story is behind any online consumer complaint, this could indicate a pattern. Because so many factors are involved in the personal injury claims and settlement process, it isn’t possible to determine any average time necessary to settle a car accident claim with Farmers. In some cases, if the claim is fairly simple and straightforward, you could get a settlement within a few weeks. However, for any case that involves serious injuries and extensive damages, you can safely assume that the process could take months. If the company will not negotiate a settlement in good faith—or if Farmers won’t offer a reasonable settlement value—you may need to file a lawsuit. However, in most cases, lawyers can successfully negotiate car accident claims with Farmers. This gets a check into your hand as soon as possible and saves you the time and cost of going to court. How to Contact Farmers Insurance in Florida To file a car accident claim with Farmers, you can call the company’s toll free number, 800-435-7764. You can also file a Farmers Insurance claim online or using the Farmers mobile app. You can use the online interface to file a claim whether you are the insured party or the other driver has Farmers. Once your claim has been set up, you will be able to login to check the status of your claim any time. The site also has additional informational resources, including a helpful car accident checklist. The other option for reporting a claim with Farmers Insurance is to let an experienced personal injury lawyer handle it on your behalf. Your attorney will handle everything, including communicating and negotiating with Farmers. This leaves you free to focus on recovering from your injuries and getting back on your feet. Tips For Dealing with Farmers Insurance Claims Getting a Farmers Insurance settlement shouldn’t be overly difficult or time-consuming. Unfortunately, the process often gets delayed through no fault of the claimant. Like any insurer, you can expect Farmers to at least try to deny your claim or to reduce its value as much as possible. Getting the settlement you deserve requires negotiation. Unfortunately, you might not have the industry-specific knowledge or experience to get the compensation you deserve. Consider having an attorney handle Farmers on your behalf. Experienced personal injury attorneys know exactly how Farmers and other insurance companies work. Your lawyer can document your claim and build the most persuasive case possible. They can also press Farmers to engage in the negotiations process to expedite the resolution of your claim. Should I Get a Lawyer to Handle My Farmers Claim? Nothing in Florida’s laws requires that you hire an attorney to handle a personal injury claim. If your case is simple and straightforward, and if the insurance company is responsive to your claim, you should be able to get the settlement you need. However, if your claim is more complex, or if it involves a significant injury, having a lawyer can make a big difference in the outcome of your case. Your lawyer can also help ensure that you comply with all the applicable laws and ensure you don’t miss any time limits. Before you provide a recorded statement or discuss any potential settlement offers with Farmers, talk to a...

Average UPS Accident Settlement in Florida

Aug 25, 2021 | Category: Accidents | By Erik Abrahamson

The United Parcel Service’s (UPS) brown vans are one of the most recognizable brand symbols in the world. Aside from the United States Postal Service (USPS), UPS is the largest parcel carrier operating in the US today. While Amazon’s trucks are popping up more and more often, their reach is not yet that of UPS. In 2020, UPS had more than 125,000 parcel delivery vehicles in operation bringing a total revenue of over $80 billion for the company. At the global level, UPS drivers delivered nearly 20 million packages per day in that same year. With all these vehicles on the road, accidents happen; there is no way around it. Like all drivers on the road, UPS drivers sometimes make mistakes, which leads to accidents. Because of the relative size of UPS vehicles compared to most of the other cars on the road, accidents with UPS trucks are often more severe than typical car accidents. Not only are UPS vehicles bigger than most other cars, they are often loaded with weight, which further increases the amount of force (and damage) in UPS accidents. One of the main questions about UPS lawsuit settlements that we get at Abrahamson & Uiterwyk is: What is the average UPS accident settlement in Florida? The answer to this question depends on your individual circumstances. What Is the Average UPS Lawsuit Settlement? The truth is, there is no average UPS lawsuit settlement. Every car accident is different, as is every car accident with a UPS vehicle. The amount of damages, the type and scope of insurance policies involved, and even the lawyers involved with a given UPS lawsuit can all affect the size of a UPS lawsuit settlement. In sum, the size of your UPS lawsuit settlement depends entirely on the circumstances of your case. What Factors Affect the Size of a UPS Lawsuit Settlement? There are many factors that impact the size of any potential UPS lawsuit settlement. Some of the factors will increase your settlement amount, while others will decrease it. Conversely, some factors can go both ways. If some of the following factors apply to your case, your settlement amount will go up, relatively speaking: Hospitalization, Emergency medical transport, Surgery, Physical rehabilitation, In-home help or in-home caregiving, A death, The loss of a limb or other bodily function, “Totalling” your vehicle, Malicious intent on the part of the driver, Mental health or other psychological issues arising out of the accident, and Permanent or temporary disability. How Can I Maximize My UPS Lawsuit Settlement? There are a few things you can do that will help you maximize your UPS lawsuit settlement. Perhaps chief among these is to retain the services of an experienced car accident attorney. Even better is to retain the services of a car accident attorney with specific experience in litigating against UPS or other parcel delivery services. If you hire an attorney to represent you, UPS is more likely to take your claim seriously. Without an attorney on your side, UPS is much more likely to try to get you to accept a settlement that does not fully cover your damages. Furthermore, car accident attorneys are adept negotiators, and there is no substitute for their prior experience. Aside from hiring an attorney, there are other ways to maximize your settlement. One of the best ways of maximizing your settlement is carefully documenting all the damages you suffered. Take pictures of your car after the accident to illustrate damages. Then take your vehicle to a few different repair shops to have the damages appraised. The more appraisals you get, the better. You should also document your injuries. Maintain a record of any medical procedures or evaluations you have done, and consider asking your doctor to provide as much detail as possible. When you receive medical treatment, always document any invoices or other bills you receive. Maintaining a journal of any physical or emotional distress you have will also help you prove the damages you suffered. Such a journal will also help you get the medical treatment you need. At the end of the day, without documenting the damages you suffer, you will face an uphill battle recovering them. What Is It Like to Deal with UPS and Their Insurers? Fortunately, dealing with UPS and their insurers is a bit more straightforward than working with other parties. The main reason for this is that UPS is self-insured. Most companies that operate commercial vehicles contract with a third-party liability insurer. That means that most of the time, instead of working with an insurance adjuster that works for the company directly, you are dealing with an entirely separate entity. That entity then needs to get approval from the liable party before you can agree to any settlement. Not so with UPS. Since UPS is self-insured, you are dealing with a direct representative of the company. That means fewer parties are involved, which translates to less red tape. As a result, settlement negotiations with UPS are often quicker and more efficient than those with a commercial party who uses a third-party liability insurer. If You Need to File a UPS Lawsuit If you need to file a UPS lawsuit in Florida, Abrahamson & Uiterwyk can help you get the settlement you deserve. For more than 30 years, our team of dedicated personal injury attorneys has helped more than 20,000 clients recover damages in all forms of personal injury cases. We have successfully litigated against private parties, but also against large commercial parties including UPS. To date, we have helped our clients recover hundreds of millions of dollars in damages. With our experience on your side, you can rest easy and focus on your recovery. Check out our client testimonials page to hear what our other clients have to say, then call us today for your free consultation!

Average USAA Car Accident Settlement Amount in Florida

Aug 25, 2021 | Category: Accidents | By Erik Abrahamson

If you need to file a car accident claim with USAA in Florida, you are understandably anxious to get the process moving. The sooner you can get your claim submitted, the sooner you can get a resolution—and a settlement check. If you suffered injuries in an accident caused by a USAA customer, you might be entitled to compensation for your medical bills, lost income, and emotional trauma. If you are a USAA policyholder yourself, you might also find yourself pursuing a claim under your personal injury protection (PIP), uninsured, or underinsured motorist coverage. It can be especially helpful to understand more about USAA’s claims process. Some common questions that injury accident victims have include how long it takes to get a USAA car accident settlement and whether the company will be fair in its dealings with your claim. In settling an injury claim with USAA, it can be helpful to have some background on the company. However, it’s more important to get a basic idea about how to submit a claim, how their process works, and how to keep the process moving along. If you have questions about the process, or if you feel that you might need some help getting a fair settlement for your injuries and other damages, consider talking to an experienced Florida car accident lawyer. The attorneys of Abrahamson & Uiterwyk have more than three decades of experience. We have helped multiple clients get a USAA personal injury settlement, and we can help you get the justice you deserve. What Is the Average USAA Car Accident Settlement Check Amount? The value of any car accident claim can vary significantly depending on the details of the case. It’s not possible to identify any average USAA car accident settlement amount in Florida or any other state. Typically, accident victims are entitled to pursue compensation for their physical, emotional, and economic damages. Clients often ask whether they can include compensation for emotional distress in their USAA settlement amount. Due to Florida’s “Impact Rule,” it can be challenging to recover these damages—but not impossible. Many victims recover compensation for mental and emotional trauma. However, they must prove that the trauma resulted in physical symptoms. An experienced Florida car accident attorney can review the details of your case and give you a better idea of what your claim might be worth. How Long Will My USAA Car Accident Claim Take to Settle? One of the most common questions we hear is: How long does it take USAA to pay an insurance claim? The time required to settle a USAA personal injury claim varies based on the details of the case. The more complex the claim, the longer it might take to get a resolution. For example, negotiating USAA whiplash settlements shouldn’t typically take as long as negotiating settlements for more severe or permanent injuries. The process of getting a USAA insurance claim payout is similar to that of any other insurer. Once you report your claim to the company, a representative of the company—usually an insurance adjuster—will contact you. The adjuster will go over the details of the accident with you and ask you for a recorded statement. They will also ask you to provide copies of your medical bills and any other relevant documentation you may have. The adjuster will then conduct their own investigation and, eventually, come back to you with a decision. The decision could be that they reject your claim outright. More likely, they might make a small settlement offer that won’t even cover your out-of-pocket costs. Insurance companies often make significantly undervalued settlement offers because injury accident victims will frequently accept the lowball offers. Accident victims might believe they won’t be able to get USAA to make a better offer or, as is often the case, their dire situation has them desperate for any economic relief. Whatever the circumstances of your case, never provide any statement or discuss any potential settlement with USAA before you talk to an attorney to explore your options. What Is USAA? Formed in 1922 as the United States Army Automobile Association, USAA (now the United Services Automobile Association) was established for the sole purpose of insuring a group of U.S. Army officers. At the time, the officers set out to self-insure, as other insurers refused to provide coverage, citing their position as “high risk.” Today, USAA provides property and casualty insurance for current and former U.S. service members, their spouses, and their children. With more than 13 million members today, the company reports a net worth of $40 billion and $200 billion in total assets. USAA also reports paying out $16 billion in claims in 2020. USAA is member-owned. In other words, the company does not have investors and shareholders. Instead, its duty is to those who hold policies and use the company’s affiliated financial services, such as banking and investment advisement. The company disburses profits in the form of dividends to policyholders—$1.1 billion in auto policyholder dividends were paid in 2020—and through the support of military-related causes. According to the Better Business Bureau, USAA has 1,494 recorded BBB complaints, all of which the company resolved. Almost 600 of those complaints were filed in the past 12 months. USAA’s BBB customer review average is 1.25 stars out of 5. Because the insurer is not a BBB accredited company, however, it does not have a Better Business Bureau rating. USAA does have some negative history with Florida customers. In 2017, USAA settled a class action lawsuit filed in 2013 by Florida policyholders. The settlement amount was reported as $39 million. The suit challenged the insurer for how it compensated auto policyholders for sales tax when they replaced a total loss vehicle. How to Contact USAA in Florida USAA encourages its policyholders to initiate their claim through the USAA online claims center. When you scroll down, you will see the option to file an auto claim. The option for filing a non-policyholder claim with USAA is offered as well. You can also check...

Business Owner’s Guide To Business Interruption Insurance Claims and COVID-19

Aug 24, 2021 | Category: COVID-19 | By Sterling

Business Interruption Claim Denied? Let’s Talk. When something beyond your control prevents your business from operating, the effects can be devastating. Many businesses have business interruption insurance to protect them when a disaster occurs. Business interruption insurance can compensate owners for business losses sustained while they are trying to get up and running again. Business interruption insurance has become a hot topic in the wake of the COVID-19 pandemic. Many business owners have been forced to close their doors or significantly scale back operations. Businesses suffering from financial hardship due to coronavirus are turning to their business interruption insurance for pandemic relief. However, insurance companies have been reluctant to cover losses based on coronavirus. If you are unsure whether business interruption coverage is included in your business’s insurance policy or what losses it covers, it’s a good idea to talk to an experienced Florida insurance claims attorney. Your attorney can help you review and interpret your policy and determine what coverage it includes. But to get you started, we have created this guide to help you navigate the uncertainty you may face in reviewing your insurance policy, filing a business interruption claim, and resolving your claim denial. What Is Business Interruption Insurance? The purpose of business interruption insurance is to cover losses to your business when it is unable to operate as a result of covered damage to your property. Repairs for property damage can be expensive. However, the losses you suffer from being unable to run your business during the repair period can be even greater. Especially if the repairs are going to drag on for a while, you may not be able to keep up with your overhead, employee salaries and benefits, or loan payments. Not to mention the profits you will lose during that time. To make a claim, you must generally show: There was physical damage to your property The damage was caused by a covered event The damage is the reason you had to shut down operations Your financial losses resulted from the shutdown If you meet these requirements, you can make business interruption insurance claims in Florida that will help you keep your head above water until your business can reopen. What Is Covered by Business Interruption Insurance? The events covered by business interruption insurance depend on the terms of your individual policy. Covered events may include: Fire Water damage Flooding Storm damage Earthquakes Vandalism Equipment failure Contamination Ordered shut down by civil or military authorities Your loss of business insurance policy likely contains exclusions outlining specific events that it doesn’t cover. For example, your policy may exclude floods or earthquakes if you have not added additional coverage to your policy. Some policies also exclude closures based on pandemics or contamination. Your policy may require a waiting period before you can make claims for certain events. For example, your policy may require your business to be shut down for a minimum number of days before it will cover losses for things like power outages or a shut down by a civil authority. Terms can vary from policy to policy, so it’s important to review the specific terms of your policy to determine what it covers. If your insurance company has denied a business interruption insurance claim, an insurance claims attorney can review the terms of your policy to determine what options you might have to fight the denial. What Financial Relief Can I Get from Business Interruption Insurance Claims in Florida? Business interruption insurance typically covers losses incurred during the “period of restoration.” This is the time it should reasonably take to repair or replace the damaged property. Policy-holders may be able to purchase additional coverage that extends for some time beyond the restoration period (say, 30 days). This gives the business a little extra time to get back on its feet. Business interruption insurance claims in Florida may cover many of the following losses. Loan Payments Business interruption insurance can help you keep up with your small business loans and other loan payments while your business is shut down. Mortgages and Leases Loss of business insurance can cover the cost of mortgage or lease payments for your premises while your business isn’t operating. It can also cover leases on equipment. Utility Bills Ongoing monthly costs for things like phone service, water, and electricity may be covered by your business interruption insurance until your premises are repaired. Relocation Expenses If you need to move to a new location either temporarily or permanently, your insurance may cover moving expenses. Your insurance can also pay for temporary costs associated with operating out of a new location, such as temporary rent. Lost Revenue or Lost Profits Business interruption insurance should compensate you for income that you would have been able to earn if you had been able to continue operating your business. There may be different ways to calculate this, depending on the terms of your policy. Some policies consider gross revenue, while others consider lost profits. Records of your earnings in previous months and years can be very helpful in demonstrating your losses to the insurance company. Employee Wages and Benefits If a disaster forces you to close your business, you may not be able to pay employee wages or benefits. Business interruption insurance can help you keep up with your obligations to your employees. Taxes Even though your tax obligations will likely decrease when you are forced to close your business, you will still have some tax liabilities. Perhaps you were counting on revenue in the next quarter to pay your income taxes for the year or to pay a property tax that is coming due. Business interruption insurance can help make sure you can pay your taxes when you aren’t bringing in revenue. Why Would Business Interruption Insurance Deny Coverage? An insurer may deny your business interruption claim if it determines that your loss or its cause was not covered by your policy. The best way to determine what your business interruption insurance does and doesn’t...

Average Allstate Car Accident Settlement in Florida

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

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

Average Bodily Injury Claim Settlement in Florida

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

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

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

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

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

Average Settlement for a Broken Arm in Florida

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

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

Average Nationwide Insurance Claim Settlement in Florida

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

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

Average Progressive Insurance Settlement Offer in Florida

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

Here’s Why You Should Have an Experienced Florida Auto Accident Lawyer Represent You Progressive Insurance airs a lot of television commercials. Their gimmick is to have the familiar “Flo” pitch ways to save on auto and home insurance, along with other insurance products. Based on Progressive’s aggressive ad campaign, you might think that they are easy to deal with if you file a claim for personal injury compensation. However, Progressive Insurance settlement offers, like other major insurance company offers, are notoriously low. Abrahamson & Uiterwyk are the Florida auto accident attorneys you need to help you get a fair settlement from Progressive. Drawing upon our 30 years of experience fighting for accident victims in Florida, we assemble the best compelling case possible. We advocate for you and help you pursue the compensation you deserve. What Is the Average Progressive Settlement in Florida? Contrary to what you might hear, there is no average settlement from Progressive Insurance. Progressive Insurance is a massive insurance company that is in business to make money. As a result, Progressive does not pay out easily. Instead, Progressive Insurance will nitpick every part of your claim to find ways to reduce your Progressive Insurance settlement offer. They will blame you for causing the accident or try to show that your injuries are not as serious as you say they are. Also, Progressive’s representatives may try to offer less than you want because you had a prior accident claim or previous injury. What Factors Affect Progressive Insurance Settlement Offers? Settlement amounts vary based on many factors. Those factors include: How the accident happened; The amount of medical bills you have; The wages you lost because of the crash; Whether your injuries are permanent; If you have scarring; How long it took for your injuries to heal; Whether you will need medical care in the future; The amount of pain and suffering you endured from the injuries sustained in the crash; Whether you had any emotional trauma such as loss of enjoyment of life; and The amount of damage to your property. Not every personal injury claim will involve all of these factors. Since no two people are alike, no two claims are alike. It is important to remember that the unique facts of your case determine the settlement offer you receive from Progressive Insurance. Florida law also factors into your settlement offer. Progressive can lower your offer if you did something to contribute to the accident. This is called comparative negligence. Under this system, your award is reduced by the same percentage. In other words, your award can be reduced by the amount you were found to be responsible for in the accident. As we said, Progressive will try to use Florida’s comparative negligence law to its benefit. That is one of the reasons why it is so important to have a highly experienced and knowledgeable Florida car accident attorney represent you. Do Progressive Settlement Calculators Work? In short, no, Progressive settlement claims calculators do not work. Settlement calculators are a tool Progressive and other companies use to convince you to accept a lowball offer. They do not give you an accurate reading of the appropriate Progressive car accident settlement for your unique case. Talking with an experienced attorney from Abrahamson & Uiterwyk is the best way you can know how much your claim is worth. An experienced personal injury lawyer will evaluate your claim and do everything possible to help you pursue the settlement you deserve. How Fast Can I Get My Money? Quick settlements are a trick Progressive Insurance may use from time to time to limit their exposure to paying out a large settlement. A Progressive representative may try to convince you that a quick settlement is in your best interest. However, before you accept any offer from Progressive, you need to talk to a lawyer first. Accepting a quick settlement without talking to an experienced car accident lawyer can be extremely risky. A Progressive settlement claim adjuster will not offer you a settlement unless you sign a release. That release means once you cash your Progressive settlement check, you forever forfeit your right to seek additional damages. Even if you need additional surgeries or other medical attention related to the accident, you cannot go after the person insured by Progressive. Why Should I Get an Attorney? You need an attorney to advise you about the Progressive Insurance car accident settlement process. You might think you could save yourself money by handling your claim by yourself. However, you are far more likely to receive a small settlement if you do not have an attorney. Additionally, an experienced attorney will know where to look for evidence that can strengthen your claim. Would you know what to do to preserve evidence that is helpful to you? Do you know how to find witnesses and interview them? Would you know how to respond effectively if Progressive denies your claim? Having the right attorney allows you to focus on your recovery and getting your life back on track. An aggressive attorney will take the stress of your claim off your shoulders and personally take on that burden. If you get a low Progressive Insurance pain and suffering offer, you might end up suing the Progressive insured person who caused your accident. Abrahamson & Uiterwyk Are the Right Lawyers to Settle Your Progressive Accident Claim For more than 3 decades, the Florida car accident attorneys with Abrahamson & Uiterwyk have fought vigorously for our clients. And we continue to do so. To date, Abrahamson & Uiterwyk’s nearly 20,000 clients have received over $800 million in compensation. We never take a fee or costs unless we recover money for you. Abrahamson & Uiterwyk’s peers and clients voiced their opinion as well. Abrahamson & Uiterwyk has an A+ rating from the Better Business Bureau and an AV rating from Martindale-Hubbell. An AV rating is the highest possible rating bestowed by Martindale-Hubbell. Additionally, Abrahamson & Uiterwyk proudly received a “Best Law Firm” rating...

Average Knee Injury Car Accident Settlement in Florida

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

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

Average Settlement for a Traumatic Brain Injury in Florida

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

This article attempts to explain the factors that influence the amount that brain injury victims can recover in a traumatic brain injury settlement. A traumatic brain injury (TBI) can be a severe and even life-threatening injury. In fact, roughly 150 Americans die each day from TBI-related injuries. If you or a loved one has suffered from a TBI, it is important to know what to do next. Knowing what steps to take after a TBI-related accident can be crucial to physical, emotional, and financial recovery moving forward. If you have questions about a TBI-related accident and what compensation you may be entitled to recover, the injury attorneys at Abrahamson & Uiterwyk want to help. Contact us today to discuss your case and see what we can do for you. Traumatic Brain Injury Settlements: An Overview TBI affects thousands of people nationwide each year. But what exactly constitutes a traumatic brain injury? And what are you entitled to recover if you have suffered a TBI-related injury? We’ll answer these questions and more below. What Is a Traumatic Brain Injury? The CDC defines a traumatic brain injury as “a disruption in the normal function of the brain.” This can be caused by a penetrating head injury or a bump, blow, or jolt to the head. TBI-related These injuries remain a serious public health concern and can happen to anyone at virtually any time. Thus, it is important to know how they occur and what to do if you sustain one. What Are the Leading Causes of TBI-Related Accidents? The CDC ranks car accidents, slip and fall accidents, assaults, and object strikes among the leading causes of TBI nationwide. In fact, a 2014 CDC study found that falls and motor vehicle crashes were the first and second leading causes of all TBI-related hospitalizations. Falls accounted for 52%, and motor vehicle crashes accounted for 20%. If you have suffered a TBI-related injury in a slip and fall, car, or motorcycle accident, contact an attorney to discuss your rights and see what your settlement might be worth. Do TBI Settlement Calculators Work? No. Settlement calculators do not work with any certainty. These TBI settlement calculators are unreliable because they simply cannot take into account all of the various factors that go into determining what a particular case might be worth. Is There an Average Settlement for a Traumatic Brain Injury in Florida? The short answer to this question is no. Settlements in a TBI case can range from thousands to millions of dollars. Every case involving a traumatic brain injury is different. Thus, it is important to have an attorney review the information for your case specifically to determine what your case might be worth. What Factors Impact Traumatic Brain Injury Lawsuit Settlement Value the Most in Florida? Again, there is no “average” settlement for a traumatic brain injury. In fact, traumatic brain injury settlements will vary greatly from case to case. So, what are the factors that will have the biggest impact on the value of your brain injury settlement amount? These factors might include: The extent and severity of your TBI; Availability of medical reports corroborating your injuries; Amount of expenses incurred in addressing and recovering from your TBI; The extent to which your TBI will affect your ability to work; and Whether you had any pre-existing brain conditions before your accident occurred. While there are many factors to consider, an experienced attorney can help you identify what factors exist and determine how those factors will impact your settlement. When Should I Hire an Injury Attorney? In almost every scenario, a personal injury lawyer can help you fight for your rights and work to maximize your settlement. A brain injury attorney can help you assess your case, gather evidence, and determine the value of your damages. Thus, we would always recommend reaching out to an attorney as soon as possible after your accident to begin discussing your case. How We Can Help with Your Case At Abrahamson & Uiterwyk we have dedicated our practice to helping injury victims in need. If you or a loved one has suffered a traumatic brain injury, we want to help. Our team of experienced attorneys has helped more than 20,000 injury victims throughout Florida over the last 30 years. We have recovered more than $300,000,000 in compensation for our clients, and we will work to get you the compensation you need and deserve too. No matter what your case requires, we will fight for your rights at every step along the way. If you are not yet ready to move forward, we understand. Deciding what law firm to hire is no easy task. We encourage you to read about our previous case results and see what our former clients have to say about working with us. We hope this will help you determine whether we are the right fit for you. Contact us for your free case review to discuss your case and see what we can do for you. Get Your Accident Questions Answered We know you probably have a lot of questions about how to move forward after your TBI-related accident. We’ve included some answers to frequently asked questions below to help you get the answers you need. I Can’t Afford an Attorney—What Should I Do? At Abrahamson & Uiterwyk, we don’t think financial status should be a barrier to getting the legal representation you need and deserve. That’s why when you hire our team, you will not pay any legal fees or costs unless and until we win your case. Can You Still Take My Case During the COVID-19 Pandemic? Absolutely. As the world continues to adapt to COVID-19, so will we. We are standing by and ready to discuss your case remotely and see what we can do to help you, even during these unprecedented times. What Are the Symptoms of Traumatic Brain Injury? Some of the most common symptoms of TBI include headaches, dizziness, blurry vision, confusion, disorientation, nausea, and vomiting. If you...

Average Settlement for a Broken Hip Injury in Florida

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

This article attempts to explain the factors that influence the amount that broken hip injury victims can recover in a broken hip injury settlement. A broken hip can be a painful injury that can take significant time to heal. The unfortunate reality is that broken hip injuries are more common than you might think. So, what do you do if you have broken a hip due to a personal injury incident? The silver lining is that there are things you can do to help streamline your recovery. After your broken hip injury, contact an attorney as soon as practicable. Doing so is one of the first steps toward receiving valuable compensation that will allow you to recover from your injuries. If you have suffered a broken hip injury due to the negligence of wrongful actions of another, contact the injury attorneys at Abrahamson & Uiterwyk today. Feel free to browse our website and read more about broken hip injury settlements and what you could recover. Is There an Average Settlement for a Broken Hip in Florida? Unfortunately, there is no “average” settlement for a broken hip injury. This is because the facts and circumstances of every hip injury will vary from case to case. However, while there is no “average” settlement, an experienced injury attorney can help you determine what your settlement might be. We’ll discuss this in more detail below. Slip and Falls—A Common Cause of Broken Hip Injuries We’ve all heard about “slip and fall” injuries. In fact, you’ve probably seen personal injury law firm advertisements advising of the dangers of slip and fall accidents. The truth of the matter is that Florida slip and fall accidents remain a leading cause of broken hip injuries each year. In fact, approximately 1.6 million hip fractures occur worldwide each year, and roughly 90% of hip fractures are a result of falls. Examples of situations in which slip and fall accidents might occur and lead to a broken hip include: An unmarked elevation change in a department store; An unmopped floor in a grocery store aisle; An icy sidewalk leading to the entrance of your neighbor’s house; or A nursing home in which attendants fail to adequately assist patients in moving around. If you or a loved one has suffered a broken hip in a slip and fall accident, you may be entitled to compensation. Don’t wait—contact our team today to see how we can help. What Factors Will Affect My Broken Hip Injury Settlement? The short answer is, it depends. Nevertheless, there are certain factors that injury attorneys will look at to help determine what you may be able to recover. Some of these factors include: The extent and severity of your injuries; Whether you were partially at fault in causing the accident; The availability of evidence and witnesses; The context in which your injury occurred; and Whether either party carries insurance that would cover your broken hip. Again, no two cases are the same. The factors that exist and what you are able to prove will play a huge role in determining the potential value of your settlement. If you have any questions about what your case might be worth, contact an attorney today to discuss your case in more detail. What Compensation Can Injury Victims Recover in Broken Hip Injury Settlements? If you break a hip in an accident, odds are you will incur expenses as you work toward your recovery. Further, depending on the extent and severity of your injuries, you may have to spend time away from work to receive treatment and heal. Fortunately, however, you may be entitled to monetary compensation to help you with these costs. This compensation is what is referred to as your legal “damages.” In a broken hip injury settlement, damages for which you might be entitled to recover include compensation for: Ambulance costs, Emergency surgery expenses, Hospital bills, Future doctor’s visits, Prescription medication, Lost wages, Loss in earning capacity, Pain and suffering, Emotional distress, and Loss of enjoyment of life. So while a broken hip injury can be painful, and the path toward recovery can be emotional and draining, the good news is that you don’t have to front the cost on your own. There are ways to hold the at-fault party responsible for your injuries and get the compensation you need and deserve. Why It’s Important to Hire a Florida Personal Injury Attorney After a Broken Hip Injury A personal injury attorney can be a fantastic asset to your broken hip injury case. The benefits of having an experienced attorney in your corner cannot be overstated. An attorney can help you assess your case, gather crucial evidence and information to support your claims, and determine the value of your damages. In short, an attorney can help you fight for your rights and work toward maximizing your recovery. Don’t settle for less than what you are owed. Contact an injury attorney today to discuss your options and see how you can move forward. How We Will Help With Your Florida Case Abrahamson & Uiterwyk is an experienced personal injury law firm well-equipped to handle your broken hip injury settlement. We have been helping injury victims throughout Florida for over 30 years, and we hope we can do the same for you. Our team of attorneys will fight aggressively for your rights and do everything we can to help you get the compensation you need to recover. Contact us today to get started, set up your free case review, and see what our firm can do for you. Get Your Accident Questions Answered If you have questions about your hip injury settlement, look no further. We want to help you get the answers you need to take the next steps toward your recovery. Do I Have to Settle My Case? Absolutely not. In fact, we are also experienced trial attorneys. We will settle your case only if that is what is best for you. Otherwise, we are ready to take your...

Average Wrongful Death Medical Malpractice Settlements in Florida

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

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

Average Dog Bite Settlement Amounts in Florida

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

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

Broken Ribs from a Car Accident: Settlement Amounts and FAQs

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

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

Average Settlement for Pedestrian Hit By Car in Florida

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

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

How Do You Get A Florida Highway Patrol Accident Report?

May 17, 2021 | Category: Get Your Accident Report | By Erik Abrahamson

Obtaining Your FHP Crash Report From The Police 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.

What to Expect From Geico Car Accident Settlements in Florida

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

If you are dealing with GEICO after an injury accident, you might be curious about how the injury claim and settlement process works. If you suffered injuries in an accident caused by a GEICO customer, you must deal with this mega-insurer to get a settlement for your damages. Some common questions you might have include: What is GEICO’s claims process? How long does it take for GEICO to settle? and Will GEICO offer a reasonable settlement in my case? Learning some basic information from the team of experienced car accident lawyers at Abrahamson & Uiterwyk about this popular insurance company can help. Likewise, understanding their policies and processes can make it easier to get through the complex process of obtaining an injury accident settlement. Before making any decisions, consider talking to a car accident lawyer in Florida near you about your case. A car accident lawyer can help protect your legal rights and fight to get you the settlement you deserve for your injuries and other damages. What Is GEICO Insurance? You’re likely familiar with GEICO’s many light-hearted and irreverent commercials and their little gecko mascot. Beyond the clever advertising campaigns, however, you might not know too much more about the company’s history and reputation as an insurance company. Originally established in 1936 as the Government Employees Insurance Company, GEICO insured only military members and federal employees until 1974. Today, GEICO provides auto insurance policies to the general public. The company ranks as the second-largest insurer in the U.S., second only to State Farm. Although GEICO formerly underwrote property and life insurance, the company focuses exclusively on auto insurance today, insuring more than 28 million vehicles. How to Contact GEICO’s Claims Department for Florida GEICO writes a large percentage of its policies directly to consumers, rather than selling through insurance agents. You can learn how to file a GEICO insurance claim on the company’s website. You can also find information there about how to contact GEICO about an existing claim. Some customers do purchase their policies through authorized agents. If you had an accident with a GEICO insured, you may be able to contact their independent agent for help reaching the claims department. Should I Expect GEICO to Make a Fair Settlement Offer? Just as you would expect to encounter with any large insurer, GEICO personal injury settlements come in all forms and sizes. No insurance company is anxious to pay an accident victim fair value for their claim. In fact, most insurers will attempt to pay as little as possible. Getting a fair settlement offer from GEICO requires time, patience, and, sometimes, help from an experienced car accident attorney in your area. Several settlement disputes involving GEICO have made headlines over the past few years. In many of these cases, including one notable case in Miami, the jury held GEICO accountable for bad faith dealings with accident victims. In another court case, this one in Palm Beach, a jury compelled GEICO to pay $8.48 million to a victim’s family in a wrongful death claim. The insurer’s original payment on the claim had been for $100,000. GEICO appealed, but the verdict was upheld. GEICO has substantial resources at its disposal. The company will not hesitate to leverage those resources to minimize your claim value or deny your claim outright. Featured case result: GEICO Policy Limits Settlement for Client Who Suffered Head Injury in Auto Accident This was a difficult case where the driver of the vehicle, in which our client was a passenger, made a left turn in front of oncoming traffic causing a collision with a Ford Mustang. Unfortunately, the driver turning left had no bodily injury insurance. Our client was taken to the emergency room where she remained for three days. She suffered a significant head injury including a traumatic subarachnoid hemorrhage. Additionally, our client sustained a fracture to the lower portion of her neck and was recommended for surgery. We presented a comprehensive demand package to GEICO, the company that insured the other driver of the Mustang. We argued that that driver had a clear opportunity to see that the vehicle our client was in was in control of the intersection. Further, the vehicle our client was in had nearly completed its turn when the Mustang plowed into it. The facts also suggested that the Mustang was speeding. Thus, we argued that the Mustang was partially at fault for causing the accident. Recognizing its potential for being sued and partially responsible, GEICO paid its entire limit of liability insurance to our client. Fortunately, we were also able to reduce our client’s substantial medical bills and obtain a substantial recovery for her. How Long Does It Take GEICO to Send a Settlement Check? You won’t collect any compensation from GEICO until you agree to a settlement. Once you initiate a claim, the company will assign an adjustor to review the facts of your case. The adjustor will eventually come to you with an offer to resolve the case. The company’s first settlement offer is likely to seriously undervalue your claim, often to the point of being ridiculous. However, some accident victims accept these lowball offers because the company’s adjustors convince them it’s the best they’re going to get. Other victims accept lowball offers because they need the funds immediately. If you want to recover the full value of your damages, you could be waiting and negotiating for a long time. GEICO and other insurers rely on the fact that individual consumers often lack the legal knowledge and resources to fight for fair compensation. Hiring a car accident lawyer near you in Florida to represent you can help force the insurer to negotiate in good faith and offer a reasonable settlement. Tips for Getting Fair Value in Your Florida GEICO Accident Settlement You can’t expect GEICO (or any large insurance company) to play fair when it comes to negotiating your settlement. Fortunately, you can take action to help prevent large insurers from taking advantage of you. Do Not Provide...

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

Mar 3, 2021 | Category: Original Research | By Erik Abrahamson

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

Common Motorcycle Accident Injuries

Feb 10, 2021 | Category: Articles & FAQ | By Erik Abrahamson

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 in Florida? At Abrahamson & Uiterwyk, we have helped motorcyclists fight for their legal rights for over 30 years. Florida 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.

Compensation for Death in a Car Accident

Feb 10, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Coping with the death of a loved one is never easy. When a loved one dies in a car accident caused by a negligent party, the grief is not any less. Though it may do little to ease the pain, depending on your relationship to the deceased, you may be entitled to a car accident death insurance payout. Wrongful Death in a Car Accident In 2019, there were 401,867 total vehicle crashes in Florida that resulted in 3,185 fatalities according to the Florida Highway Safety and Transportation annual report. Florida wrongful death as it relates to car accidents entitles certain survivors the right to recover damages against the party that caused the accident. A personal representative named in the will or estate plan of the deceased has the right to file a wrongful death claim. The court will appoint a representative if one was not chosen by the deceased. The representative must represent all survivors who have an interest in the lawsuit and insurance payout for car accident death. These survivors may include the deceased person’s: Spouse, Parents, Children (biological or adopted), and Blood relatives and adopted siblings who were dependent on the deceased. In Florida, a child born to unmarried parents can recover damages in a wrongful death case if his or her mother dies. A child can recover damages for an unmarried father’s death only if the father had a recognized responsibility for the child’s support. Compensation for Death in a Car Accident An insurance payout for a car accident death depends upon the policy limits of the party that caused the death of your loved one. However, these policies are often not enough to provide fair compensation. In that case, your wrongful death attorney can advise you on options for filing a wrongful death suit to recover additional compensation. Economic Damages for Wrongful Death Economic damages take into consideration the financial contribution the deceased would have made to survivors if not for the accident. Current wages, future earning potential, and benefits such as health insurance are taken into consideration. Compensation for expenses is also a part of economic relief. Medical expenses from the accident, property damage, and funeral expenses may be recovered in a car accident death insurance payout or relief from a wrongful death lawsuit. Non-Economic Damages for Wrongful Death There is no amount of money that can truly compensate for the loss of life, but non-economic damages are as close as you will get. This form of relief takes into consideration mental anguish, pain and suffering, loss of consortium, loss of care, and other means by which survivors suffer due to the loss of their loved one. Options for Filing a Wrongful Death Claim There are several things you can do to receive compensation for death in a car accident. You may opt to first explore insurance payouts, which means filing a claim with the negligent party’s insurance. This assumes that they have insurance. If they do not, you may be able to file a claim with the deceased’s uninsured/underinsured motorist coverage. The biggest concerns with an insurance payout for accident death is that the insurance company will try to offer less than a fair settlement and that there may not be enough coverage on the policy to compensate for the death of your loved one. It is important not to accept a settlement for less than what you reasonably deserve. An experienced Florida wrongful death attorney is a valuable resource for determining the best course of action to receive fair relief. Proving Wrongful Death in a Car Accident To recover compensation in a wrongful death car accident case, you must establish that the defendant’s wrongful actions caused your loved one’s death. In Florida car accidents, the wrongful action is typically the defendant’s negligence. Negligence Negligence occurs when someone owes a duty to act as a reasonable person would under the circumstances but fails to do so, and as a result, causes injury. When it comes to driving, every driver owes a duty to others on the road to use reasonable care and obey traffic laws. Examples of behavior that may support a wrongful death claim include Driving recklessly; Violating traffic rules; Distracted driving, such as texting while driving; and Driving under the influence. In 2019, Florida had 342 confirmed deaths linked to drug and alcohol consumption while driving. Cause of Death To prove wrongful death, you must also show that the accident that caused the death was the result of the defendant’s negligence. In other words, you need to show that if not for the wrongful action of the defendant, the death would not have occurred. How an Attorney Can Help Achieve Compensation for Death in a Car Accident When your world has been turned upside down from the death of a loved one, the last thing you want to do is fret over your legal rights. Some of the ways an attorney can fight for your rights include: Negotiating with your insurance company; Negotiating with the defendant’s insurance company; Filing legal paperwork; Gathering and evaluating evidence to prove wrongful death; Interviewing witnesses; Preparing legal arguments; Evaluating settlement options; and Representing you at trial, if necessary. Hiring a wrongful death attorney in Florida can help you have a better understanding of the value of your claim and pursue the compensation you can expect. The experienced car accident lawyers at Abrahamson and Uiterwyk has helped Florida survivors find fair compensation in their wrongful death cases for over 30 years. We understand the hardships of losing a loved one and give you space to heal while fighting on your behalf. Contact us today for your free case consultation.

Most Common Types of Head-On Collision Injuries

Feb 10, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Head-on collisions are one of the most dangerous types of accidents. This is because in a head-on collision, there is nowhere for the car’s energy to go except into the other car. Compared to a sideswipe or a fender-bender, head-on collision injuries are usually much more serious. Passengers can suffer fatal or life-threatening injuries, even with airbags and seatbelts. Every day, tens of thousands of people drive on Florida’s roadways. With so many drivers, traffic accidents are inevitable. In 2019, there were more than 400,000 traffic crashes in the State of Florida. After one of these accidents, the cost of medical care can skyrocket. Hiring a personal injury attorney can help you obtain damages to pay for these costs and more. If you were injured in a head-on collision, Abrahamson & Uiterwyk is here to help. Common Head-on Collision Injuries Head-on collision injuries can be far more severe than other types of car accidents. When two cars are speeding toward one another, a collision between them will involve much more force than other types of crashes. As a result, drivers and passengers may suffer a greater number of injuries. In a head-on collision, common injuries occur to both the body and the head. Broken Bones, Bruises, and Lacerations In a head-on collision, common injuries that occur include broken bones and lacerations. During the crash, it isn’t uncommon for victims to suffer broken bones. For the driver and front passenger especially, severe injury to the legs is possible as a result of a head-on collision. Severe bruising may occur as well. All these injuries happen as a result of the extreme force exerted on your body during the crash. For example, a person properly wearing a seat belt may suffer from internal bruising and even organ damage when the seat belt tightens during the crash. Internal Organ Damage The blunt force during a head-on collision may be enough to cause bruising or other damage to your internal organs. Broken bones can cause organ damage as well. When drivers or passengers are thrown around in a head-on collision, they frequently suffer chest injuries, including broken ribs, which can puncture lungs or other nearby organs. Double Impact Injuries Finally, victims of a head-on collision may experience a “double impact.” This occurs when they suffer trauma first during the crash and again when they strike the ground after being thrown from the car. Fortunately, the risk of a double impact and the resulting secondary injuries is greatly reduced by wearing a seat belt. Concussions Concussions are one of the most common head-on collision injuries. In a head-on collision, the sudden impact may cause you to hit your head on the steering wheel, the dashboard, or even the windshield. Even if you think you only suffered whiplash, the violent back-and-forth head motion can be enough to cause a concussion. A concussion can be mild or severe depending on the force of the impact. Mild “Grade 1” concussions are usually short-term and do not result in loss of consciousness. Severe “Grade 3” concussions, on the other hand, may result in long-term brain damage. Although a person may experience headaches and other symptoms as the result of a concussion, they may go unnoticed. Confusion and memory loss especially may not be apparent to the person with the concussion. Other common symptoms include: Blurry vision, Dizziness, Trouble concentrating, Nausea, and Trouble sleeping. Symptoms may not appear until days after the concussion occurs. Thus, it is very important to seek medical care right away so that you can properly treat your head injuries. Other Head Injuries Traumatic brain injuries (TBIs) are one of the most common injuries in a car accident. According to the CDC, car accidents are responsible for 18.7% of all brain-injury related deaths. Head injuries are particularly serious because they may not always be immediately apparent. It takes time to diagnose things like post-concussion syndrome after a car accident. Head injuries may also have more permanent effects. A person who survives a head-on collision with only minor physical injuries may still have a serious head injury. For example, a coup-contrecoup brain injury involves bleeding on both sides of the brain caused by external trauma and the brain’s own movement within the skull. What to Do After a Head-On Collision The first thing you should do after a head-on collision is seek medical treatment. When possible, you or someone you know should start gathering information. Document the scene and collect records of your medical treatment. Then, hire a Tampa car accident attorney. The information you collect will help them build your case. Can I Get Compensation for My Head-on Collision Injuries? Yes, you may be able to obtain compensation after a Florida car accident. Serious head-on collisions usually do not occur unless one or both drivers acted negligently in some way. As a result, you may be able to recover damages or a settlement from the insurance company. Depending on the nature and severity of your injuries, you may be entitled to damages for: Current and future medical expenses, Pain and suffering, Emotional distress, Lost wages, Reduced future earning potential, and Disability. The exact amount of damages available varies from case to case. Our Tampa personal injury lawyers will assess your case and advise you how much it may be worth. Photos of Head-On Collisions Involving Our Injury Clients Should I Hire an Attorney? Even if you feel that your injuries are relatively minor, it is a good idea to hire an attorney. We work on a contingency basis, which means you won’t pay a cent, no fees or costs, unless we win or settle your case. Hiring an attorney is the only way to make sure you obtain proper compensation for your injuries. Insurance companies are difficult to deal with and will not make a fair offer. Things are only more complicated if the other person doesn’t have insurance. In either case, our attorneys will help you build a strong case to maximize your recovery. Hire...

Most Common Fatal Injuries in Car Accidents

Feb 10, 2021 | Category: Articles & FAQ | By Erik Abrahamson

While automobile manufacturers and policymakers worldwide take steps to reduce fatal car crashes and road traffic accidents, the numbers are still staggering. Consistently, car accidents remain a leading cause of death in the United States and elsewhere. For certain age groups, car accidents are the leading cause of death. Each year more than 38,000 people die in car accidents on US roads. Vehicle accident fatalities rose in 2020. This is surprising given that the COVID-19 pandemic significantly reduced the number of cars on the road at any given time. Experts attribute 2020’s rise in car crash fatalities to increased speeding rates that came alongside fewer cars being on the road. Even if you take extra precautions as a driver or passenger, safety is unfortunately not a guarantee. Despite any steps that you may take, road traffic safety depends on other motorists’ actions, and you cannot control the actions of other road users. Knowing this, you may find yourself wondering, what are the most common fatal injuries in car accidents? While road safety is never a guarantee, if you know the most common fatal injuries in car accidents, you can take proactive steps to avoid them. The Most Common Fatal Injuries in Car Accidents Traumatic brain injury (TBI) and other types of head or brain injuries are some of the most common fatal injuries in car accidents each year. Although protected by our skulls, our brains are also one of the organs most susceptible to injury. While not all TBI is fatal, there are more than 50,000 cases of TBI each year. The US Centers for Disease Control (CDC) estimates that automobile accidents cause roughly 20% of all TBI cases. Other internal injuries are the other leading cause of fatalities in car accidents. Internal injuries encompass a broad range of specific injuries, including TBI. Other internal injuries that can be fatal include things like: Organ injury, Aorta aneurysm, Internal bleeding, Ruptured spleens, and Collapsed lungs. Many of these internal injuries are treatable. However, sometimes internal injuries go unnoticed and untreated. When this occurs, the likelihood of death increases significantly. Leading Driver Death Causes There are many different causes of car accidents. In turn, there are many different causes of fatal accidents and some are more prevalent than others. A US Department of Transportation (DOT) study of over 51,000 driver fatalities in 2018 revealed the following top 10 accident causes and their respective rates (from highest to lowest): Driving too fast for conditions, over speed limits, or racing (16.7%); Driving under the influence of alcohol, drugs, or medication (10.1%); Failure to stay in the proper lane (7.2%); Failure to yield right of way (7.0%); Driving carelessly (5.4%); Distracted driving (5.2%); Failure to obey traffic control devices (3.9%); Reckless, erratic, or negligent driving (3.8%); Overcorrecting or oversteering (3.1%); and Driving with low visibility (rain, fog, snow, lights) (3.0%). From this data, you can see that while some of the fatal accident causes exceed others, no one category comes close to encompassing a majority. Taken as a whole, we can identify some dangerous driving behaviors that one should always try to avoid to protect their life. Conversely, there are other safe driving practices that one can take to protect themselves and others on the road. The Best Way to Protect Yourself from Car Accident Fatalities Wearing a seat belt while in a car as a driver or passenger is by far the most important step you can take to protect yourself from dying in an automobile accident. Why is this? Because wearing your seat belt helps protect your head. Without a seat belt, the impact of a car accident can throw you against the interior of the car, where you can strike your head. In other situations, without a seat belt, you may be thrown from the vehicle where you are very likely to hit your head. Consider these statistics from the CDC on seatbelt use: More than half of all car accident fatalities happen to people who are not wearing a seatbelt at the time of the accident; A seat belt can reduce the risk of death or serious injury in car accidents by 45-50%; People not wearing a seatbelt are 30 times more likely to be ejected from a vehicle during a crash compared to those wearing seatbelts; and Seatbelts saved nearly 13,000 lives in one year alone (2009). Wearing a seatbelt is far and away one of the easiest ways to prevent car accident fatalities. Consequently, it’s one of the most important safe driving and riding habits you can take every time you get in a car. If You Are in a Car Accident If you are injured in a car accident, contact us at Abrahamson & Uiterwyk today for a free consultation regarding your injuries. We help clients through just about any type of personal injury, but car accidents are one of our firm’s primary focus areas. We have helped more than 20,000 clients throughout all of Florida over the past 30 years get the compensation they deserve after suffering from personal injuries. If you suffer a personal injury after a car accident, don’t wait. Contact us today and let us help you! If a Loved One Dies in a Car Accident If your loved one dies in a car accident, the person who caused the accident owes you compensation. We know how hard it is to have a loved one’s life cut short and are here to help you go through the grieving process without worrying about legal details. Our goal is to guide you through the legalities so that you don’t have to worry about the ins and outs of filing a wrongful death claim. Abrahamson & Uiterwyk’s wrongful death attorneys are compassionate, experienced, and here to help you with your unique needs. We want to make the process as pain-free for you as possible, so contact us today for a free consultation, and we’ll take care of the rest.

What Happens When Someone Dies in a Car Accident?

Feb 9, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Every year, around 35,000 people lose their lives in traffic accidents in the United States. Fatal traffic accidents happen for a variety of reasons, many of them beyond the control of the victim. For the survivors of a fatal crash, left with their own injuries and the emotional trauma of losing a loved one, it can be difficult to know where to turn. What happens when someone dies in a car accident? Can I recover compensation? These are common questions we receive from clients trying to figure out what to do next. If one of your loved ones died in a car accident, we can help you figure out the next steps. What Happens When Someone Dies in a Car Accident? Immediately after an accident, and after everyone has received medical attention, there are a couple of things that happen. First, depending on the circumstances of the accident, police may investigate the cause of the crash. In some cases, this may lead to criminal charges against the at-fault driver. Meanwhile, the victim’s family makes funeral arrangements and manages the deceased’s estate. Those tasks alone are difficult, especially when a family is grieving. As a result, we understand that it is difficult to consider the time and cost to file a lawsuit. However, obtaining a settlement is an important option that may be available to help pay for end-of-life medical care and other expenses after the fatal accident. The At-Fault Driver May Go to Jail When it comes to the at-fault driver, it isn’t always clear what happens when someone dies in a car accident. Whether anyone goes to jail after a fatal accident depends on the facts of each case. Usually, an at-fault driver will not go to jail if factors outside their control caused the accident. For example, a driver probably won’t face criminal charges if bad road conditions cause an accident and both drivers were following all road laws. Similarly, a driver likely won’t face criminal charges for vehicle issues like a brake failure if they properly maintained their car. If criminal behavior is present, like negligence or recklessness, then the state may press charges against the at-fault driver. Ultimately, it will depend on whether the district attorney believes the driver was culpable in causing the death. In most cases, the DA will consider whether: The driver was under the influence of alcohol or drugs at the time of the wreck; The driver was speeding, driving aggressively, engaging in road rage, or otherwise engaging in reckless behavior; and The presence of flukes or “acts of God” outside either driver’s control. A DA will also consider whether the driver was distracted (e.g., by texting) or failing to obey road signs, like a stop sign. Failing to follow driving laws may be evidence of negligence or impairment that increases a driver’s chances of going to jail. The Deceased’s Estate Can Bring a Wrongful Death Action Traditionally, when a plaintiff died, their causes of action died with them. However, when someone dies in a car accident, Florida law permits the estate of a deceased person to bring a wrongful death claim. A “wrongful death” is one caused by the negligent or wrongful actions of another person, and a wrongful death action allows the estate of the deceased person to recover damages as compensation for the loss of life. Who Can Bring a Wrongful Death Claim in Florida? In Florida, the personal representative of the deceased person’s estate is the only person eligible to bring a wrongful death claim. A person’s will usually appoints a personal representative. If there is no will or the will does not appoint a representative, the court will appoint one. Elements of Wrongful Death Claim in Florida Section 769.19 of the Florida Statutes provides the right of action for wrongful death. To succeed on a wrongful death action in Florida, the personal representative must prove three elements: Conduct constituting a wrongful act or negligence; The wrongful conduct caused the person’s death; and The wrongful conduct would have created a legal claim by the deceased person if they had not died. In other words, the deceased person must have had a cause of action to bring a lawsuit, even though they were unable to act on it themselves. Damages Available When Someone Dies in a Car Accident If you get into a car accident and someone dies, you may be able to recover a settlement through a wrongful death action. In Florida, there are several types of damages available after a fatal car accident, including: Medical bills, Funeral expenses, “Loss of support” and “loss of companionship” damages, Lost wages, and Loss of estate value. In some cases, the family may elect instead to pursue a survival claim. Rather than compensate the family for their losses, a survival claim provides compensation for the deceased person’s losses. The victim of a fatal car accident may not die at the scene. In some cases, they are given medical treatment and maybe on life support for days or months. The cost of the ongoing treatment and hospital stay can add up to tens or hundreds of thousands of dollars. If this occurs, a survival claim may be more appropriate than a wrongful death claim. Your attorney can help you determine which claim makes the most sense in your case. Should I Hire an Attorney When Someone Dies in a Car Accident? The short answer is yes. Obtaining a fair settlement from an insurance company is impossible without an attorney. Having an experienced attorney negotiating on your behalf shows the insurance company you are serious. An attorney can also help you understand what happens when someone dies in a car accident. If there is no insurance involved, a Florida car accident attorney can help you figure out who is liable and how to maximize your recovery. Handling the legal process is complicated and can be overwhelming in the aftermath of a fatal accident. An attorney is someone you can trust to handle your...

What Is a Major Cause of Death in Motorcycle Accidents?

Feb 9, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Driving and riding on a motorcycle is a fun and exhilarating experience. Many individuals who ride motorcycles also have cars or trucks but also ride motorcycles as a hobby. Riding a motorcycle can give you an adrenaline rush similar to the one you may experience through other recreational activities like surfing, climbing, or skiing. Like these other activities, riding a motorcycle requires concentration. With that concentration and adrenaline, many motorcyclists, like skiers and surfers, report a feeling of calm, oneness, and freedom as they ride. This feeling of oneness is similar to the feelings one may achieve through meditation. In a lot of ways, riding a motorcycle is a form of meditation. Despite the fun and exhilaration of riding a motorcycle, doing so is more dangerous than riding in or driving a car. Motorcycle fatality rates greatly exceed those of driving cars, as do injury rates. Even when a motorcyclist is careful, accidents can happen, and injuries are often more severe than those resulting from similar car accidents. To ride a motorcycle more safely, it is important to ask the question, what is the most common cause of death in motorcycle accidents? By knowing the most common cause of motorcycle fatality, you can take steps to protect yourself as a motorcyclist. And if you have been injured in a motorcycle accident caused by someone else’s negligence it is worth speaking with an experienced Florida motorcycle accident attorney near you about the possibility of pursuing a personal injury claim. Motorcycle Fatalities at a Glance In 2018, the National Highway Traffic Safety Administration (NHTSA) recorded 4,985 motorcyclist deaths on U.S. roads. The 4,985 fatalities were 5% lower than 2017’s number. Put another way, this number put the fatality rate of motorcyclists at 24.83 per 100 million vehicle miles traveled in 2018. To put this in perspective, compared to car occupants, the 24.83 fatality rate in 2018 was 27 times higher than the same fatality rate for cars. The major cause of death in motorcycle accidents and these higher numbers show the big difference in risk between driving a motorcycle, which does not have the safety features of a car, versus riding in a closed-cabin vehicle. Why Are Motorcycles More Dangerous Than Cars or Trucks? The main reason why motorcycles are more dangerous to drive than conventional automobiles is that motorcycles offer little or no physical protection to their riders. Cars and trucks are literal metal cages. In an accident, the metal cage surrounding occupants absorbs much of the force of impact. The more of the impact the car absorbs, the less its occupants are subject to. Furthermore, each year, manufacturers redesign their cars and trucks to better absorb such shock and better protect their occupants. Conversely, when you’re riding a motorcycle, you are exposed directly to the force of impact. Absorbing the force of such an impact means injuries are more severe. The continuous redesign of cars to reduce occupant impact in a car accident just isn’t possible for motorcycle manufacturers. Get A Free Case Evaluation 866-201-8701 What Is the Main Cause of Motorcycle Accidents? One major reason for motorcycle accidents is that they are harder to see on the road. This is why lack of visibility is the main cause of motorcycle accidents. Motorcycles are obviously much smaller than conventional cars or trucks. Motorcycles also have smaller and fewer lights than cars or trucks. As a result, your visibility while riding a motorcycle is much less than that of a car or truck. If other drivers can’t see you, it is harder for them to avoid a potential collision. If someone is in a semi-truck or other vehicle high off the ground, your visibility as a motorcyclist decreases even more. The size of trucks and their impact on motorcycle visibility combine to create even more danger for motorcyclists than small or midsize cars. The Most Common Cause of Fatalities in Motorcycle Accidents By far, the major cause of death in motorcycle accidents is head injuries. Your head is the most important part of your body. Also, it is one of the easiest parts of your body to injure. Because your head does not have the same protection on a motorcycle as it does in a car, riding a motorcycle puts your head at a higher risk of trauma and injury. The impact of your head colliding with a metal vehicle or the impact of hitting the road when you fly off your motorcycle exposes your head and brain to great danger. How to Ride a Motorcycle More Safely The most important step you can take to protect your life as a motorcyclist is to protect your head. The best way to protect your head is by wearing your helmet. The NHTSA estimates that helmets prevented 1,872 motorcyclist deaths in 2017 alone. Furthermore, the NHTSA estimates that for every 100 motorcyclist deaths, more than one-third (37%) would be preventable if all motorcyclists wore their helmets. To help choose a safe and effective helmet that fits your needs, check out some reviews on pages like Revzilla. Having the right helmet could save your life. Because lack of visibility is the most common cause of motorcycle accidents, a second step you can take to protect yourself as a motorcycle rider is to make sure you are as visible as possible on the road. Most motorcycle crashes are caused by a lack of visibility. To avoid this, make sure your lights are in good working condition every time you ride your motorcycle. Consider keeping a couple of replacement lights with you when you ride in case one of your lights goes out. Another step you can take to improve your visibility is to wear clothing that makes you more visible to other drivers. Consider purchasing a reflective vest for when you ride, especially if you plan to ride your motorcycle at night. A reflective vest like one of these is an inexpensive and easy way to improve your visibility on the road. Also see our...

Florida Punitive Damages Overview

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

As the name suggests, punitive damages are meant to punish a defendant or to act as a deterrent. But not every plaintiff in a civil case (such as a personal injury claim) can ask for punitive damages. In fact, the requirements for eligibility are fairly strict. Florida Statute Section 768.72 allows punitive damages only when “there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” Understanding when a court can award punitive damages is important for anyone who may be involved in a lawsuit. Here is a short guide to how punitive damages in Florida work and who may be eligible for them. Damage Categories in Florida Civil Cases When someone suffers injuries or other losses due to the negligent or wrongful act of another, they are entitled to seek compensation. In Florida, there are three basic categories that a plaintiff may receive in a lawsuit or settlement. Economic Damages Economic damages are used to financially compensate a plaintiff for the direct losses the plaintiff suffered due to the accident/incident. These include past and future medical expenses, lost wages, property damage, and more. Non-Economic Damages Non-economic damages compensate the plaintiff for less concrete losses like physical pain and suffering, emotional and psychological damage, loss of quality of life, and more. Punitive Damages Unlike the first two types of damages, which are compensatory, punitive damages are put into place to punish the individual or entity responsible for the incident. They are available only in the most egregious circumstances. Florida Punitive Damage Statute As mentioned above, Florida Statute Section 768.72 dictates when punitive damages are available in a lawsuit: “A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.” The language of the law indicates that this is a pretty high bar to clear. Only a trier of fact (the jury) is allowed to award punitive damages and only under exceptional circumstances. The onus is on the plaintiff not just to ask for these damages but also to prove them. The “clear and convincing” standard is higher than the normal personal injury-proof standard, which means that the plaintiff needs strong evidence to back their damages claim. The fact of the matter is that punitive damages aren’t awarded very often. Generally, punitive damages claims are not meant for a plaintiff to recover extra damages for themselves. Instead, they are intended to punish a defendant for a particularly heinous act or to provide a warning to future defendants to avoid similar conduct. Intentional Misconduct v. Gross Negligence Under the Florida punitive damages statute, there are two situations where punitive damages are appropriate. These are when the defendant’s actions are grossly negligent or the defendant commits intentional misconduct. Both are expressly defined by Florida law: Gross negligence exists when the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct (Florida Statutes 768.72 (2)(b)); and Intentional misconduct exists when the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage (Florida Statutes 768.72 (2)(a)). Only if the defendant or possible at-fault party committed acts that fit either of these will the court consider awarding punitive damages in addition to the other categories. The Process of Asking for Punitive Damages There is a specific way that a personal injury attorney must seek Florida punitive damages in a trial setting. First, there is a hearing before the judge. This determines if there is sufficient evidence to allow the plaintiff to present a claim for punitive damages to the jury. If the judge approves, the plaintiff must then present enough clear and convincing evidence to the jury that punitive damages are appropriate in your case. An attorney may not just randomly ask for punitive damages at the end of a trial, nor can a jury tack these onto a damages award once it has reached a verdict. If the process is not followed, a jury cannot award any punitive damages. Limits on Punitive Damages Most states place limits on the amount that a plaintiff can receive in compensation for a personal injury claim. Most states do not place limits on economic damages, as long as the losses are supported with evidence. Some states limit non-economic damages, but Florida does not. The only category that Florida limits (or caps) is punitive damages. A plaintiff can only receive up to three times the amount they receive for compensatory damages (economic and non-economic damages combined). Anything above is capped by law. Injured in Florida? Call Abrahamson & Uiterwyk Today! If you are seriously injured due to someone else’s negligent or wrongful actions, it’s normal to feel overwhelmed. You may be unable to work and struggling both physically and emotionally to recover from your losses. At Abrahamson & Uiterwyk, we are here to help. Based in Tampa, our personal injury attorneys also handle cases in St. Petersburg, Clearwater, and throughout the state of Florida. For over 30 years we have fought for the well-being of our clients and are proud of our case results. We have received an A+ rating from the BBB, an “AV” rating from Martindale-Hubbell, and a “Best Law Firm” rating from US News & World Report. When it comes to serious injuries, the team at Abrahamson & Uiterwyk provides excellent advocacy as well as personal service. For a free consultation, call us at 813-223-5295 or contact us on our website to schedule an appointment.

Florida 14-Day Accident Law

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

If you are in an accident, you need to familiarize yourself with the Florida 14-day accident law. This law states that injured victims must seek medical treatment within 14 days of the accident for their personal injury protection (PIP) coverage to apply. PIP coverage is your no-fault insurance that covers medical expenses and some of your other damages. If you have questions about PIP and the 14-day accident law, let the experienced Tampa auto accident lawyers at Abrahamson & Uiterwyk help. Failure to adhere to this 14-day rule could mean trouble for your personal injury protection claim. It could adversely affect your ability to get reimbursed for your damages, which means you would be paying for your expenses out of pocket. Deciphering the 14-Day Rule Seeking medical treatment after an accident is always a good idea. Even if you don’t think you are seriously injured, you should get checked out. Some injuries are not visible, so you want to rule out any internal damage as well. Florida’s 14-day PIP rule says that you must at least have an initial medical examination within 14 days of the accident. If you don’t, your insurance company has the right to deny any subsequent claim that you present under your personal injury policy. There is no specific type of doctor you need to see, which means almost any kind of medical care with a qualified health care provider could meet the requirement. For example, you might visit an: Emergency room physician, Medical doctor, Chiropractor, or Dentist. It’s crucial to note that health care providers that are not listed in the specific law may not qualify. Massage therapists and physical therapists are two examples that may not be eligible. If you see a massage therapist but not a medical doctor, your insurance company will likely deny your claim. You can see a massage therapist on your own if you need it; it just will not be reimbursed. The important thing is to get to the emergency room or make an appointment with a doctor first to ensure you satisfy the 14-day rule. Some people don’t see the rule’s importance and are shocked when their claim is denied for not seeking treatment in time. There are several reasons why this 14-day rule exists, including to deter potential insurance fraud and claims for unconnected injuries. If someone waits two months to see a doctor, the insurance provider can easily deny the claim on the basis that the person was likely injured somewhere else. Other reasons the 14-day rule exists are to help facilitate quick medical diagnoses and avoid medical complications. Personal Injury Protection Payout Limits When Florida amended the PIP law, it also limited what benefits are available under the policy. You must have a minimum policy amount of $10,000, but that doesn’t mean you are entitled to receive the full amount after an accident. Under the current PIP law, the amount of your maximum benefit will depend on the severity of your injuries. You must seek treatment within 14 days, and you will be eligible to receive only up to $2,500 in benefits if you sustained non-emergency injuries. If your injuries fall under an “emergency medical condition,” then you could receive the maximum payout under your policy. However, PIP only pays 80% of your medical costs. Take a $10,000 PIP policy, for example. If your medical expenses are $10,000, then you would receive only $8,000 under your policy. If your expenses are $20,000, you would receive the whole $10,000. PIP also covers 60% of your lost wages, up to $10,000. If you are disabled and unable to work, then you would want to include a loss of earnings claim. Payment under this section also provides compensation for services you would normally do, such as cleaning your home, laundry, etc. Your personal injury policy also usually includes up to $5,000 in death benefits. If the policyholder dies, your PIP coverage will pay for the burial and funeral expenses, in addition to the other benefits. What Is Considered an “Emergency Medical Condition”? Under Florida Statute section 395.002(8), you’ll find the definition of an “emergency medical condition.” A qualifying emergency condition is one where you suffer acute symptoms that require immediate medical attention to prevent: Impairment of a major body function; Endangerment of your health and wellbeing; or A serious dysfunction of any body part or organ. Be sure to talk with your doctor about what is going on with you after the accident. They can note in your chart that you had a condition that qualifies for some benefits under your PIP. The notes don’t have to reflect it was an “emergency medical condition.” As long as there is proof that you sought treatment within 14 days, you should be entitled to some benefits from your policy. The determination of whether you have a qualifying condition doesn’t have to take place within 14 days either. You need to show only that you sought initial treatment from a qualifying provider to meet the legal requirement. What If Your PIP Claim Is Denied? Even though you pay a monthly premium for your personal injury protection coverage, it doesn’t mean that the insurer will always pay you the benefits you think you are owed. Insurance companies are in the business of making money, and therefore they will look for ways to reduce their payouts whenever possible. Common reasons for denials include: Not seeking treatment within 14 days; Not suffering injuries in this accident as you claim; and Not suffering a qualifying emergency medical condition. Despite the current situation with the pandemic, you still need to seek treatment within 14 days. Many doctors and facilities are offering telephone and virtual appointments if you are concerned about going in person. The telehealth option would most likely satisfy the 14-day rule. You can check with your insurance company to verify first. Contact a Tampa Car Accident Lawyer Today Don’t try to fight a PIP denial on your own. Instead, let the experienced team of...

Florida Negligence Elements & Negligence Law Overview

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Most people are familiar with the term personal injury law. However, this is just an umbrella term that covers a wide range of possible legal claims, from products liability to intentional torts like assault. But most personal injury cases are actually brought under the legal theory known as negligence, which has a long and storied history in American law. Here, we will discuss Florida’s negligence law, its elements, and how they may apply to your situation. Florida Negligence Laws Although there are many famous court cases that are a big part of shaping negligence law, the governing law itself is actually found in the Florida Statutes. More specifically, Florida Statutes Chapter 768 deals exclusively with negligence and all connected issues like damages, special exceptions, etc. But sorting through all the legalese can be overwhelming and confusing. There’s a reason that attorneys have to go to law school, after all. Instead, it’s much easier to break down a claim into its basic elements. Florida Negligence Elements In the most general sense, negligence is when someone fails to exercise a degree of reasonable care expected of them to minimize risk of harm to another. This can be broken down into four elements: duty of care, breach of duty, causation, and damage. Duty of Care First, a plaintiff needs to show that the person/entity who injured them owed them a duty of care. This means that they had a legal obligation to do (or not do) something based on the relationship between the parties. For example, every driver on the road has a duty to others on the road to drive their vehicle safely and according to the law. Someone who owns a business open to the public owes a duty to visitors to keep their store as free of hazards as possible. Breach of Duty The second element requires a breach of duty to create a legal cause of action. A driver breaches their duty by driving unsafely or breaking traffic laws. A store owner might breach their duty if they ignore a spill of some sort where customers travel. Causation The next element seems easy and logical, but there can be some complications. If one driver hits another and causes damage to their vehicle, causation is easy. But when there are multiple people or events that are involved in an accident, things can get confusing. If someone in a store accidentally knocks an item off a shelf which hits someone else, the cause of the accident is at first glance, not the store owner. But if the store owner placed the item at a height and position that made it a danger for customers to navigate, then the injured customer may claim that the owner’s negligent act legally caused the harm. Damages/Injury Finally, the plaintiff must show that they suffered injuries or losses that can be compensated. Usually, this means financial compensation. While it seems clear that you can’t sue someone when you haven’t suffered damages of some kind, this is still an important step to completing a claim. Damages must be proven by evidence such as medical bills, proof of lost wages, appraisals for property damage, and more. In addition, less concrete losses like pain and suffering and loss of life enjoyment are also possible losses that a plaintiff may ask for. Florida negligence laws don’t just define what a claim is, they also define the type and amount of damages a plaintiff can seek. Florida and Comparative Fault One additional in a negligence claim is how fault distribution can affect potential damage amounts. Although some accidents can be attributed to one party 100%, this is not the case in many incidents. As a result, there are different approaches for reducing damages when each party has some fault in an accident. Different states follow different rules, and Florida follows the pure comparative negligence approach. Pure comparative negligence reduces a plaintiff’s damages by their attributed fault percentage. This means that under Florida law, the amount of your recovery will be reduced by the amount of your fault. For example, say you incur $100,000 in medical costs and other damages. However, the jury also decides that the accident was 40% your fault. This means that the amount you are awarded will be reduced by 40% and you will receive only $60,000. Some states limit recovery altogether if the plaintiff is more than 49% or 50% at fault, but not Florida. In the pure comparative fault system, you can still seek recovery even if your fault is deemed to be a higher percentage, such as 90%. Injured By Someone’s Negligence? Call Abrahamson & Uiterwyk Today! If you suffer injuries or other damages in an accident caused by someone else’s negligence, you have the right to seek compensation. And while filing any legal claim seems scary, the personal injury team at Abrahamson & Uiterwyk is here to make the process as stress-free as possible. We know the law and proudly boast 30 years of experience successfully representing clients throughout Florida. We offer potential clients a free case evaluation to assess your claim and advise you on the best legal path for your recovery. To schedule an appointment with us, call us at 813-223-5295 or contact us on our website.

Florida Dangerous Instrumentality Doctrine Quick Facts

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

The Florida dangerous instrumentality doctrine, also sometimes called vicarious liability, can impact your car accident claim. Some people mistakenly assume that letting someone else borrow their vehicle will absolve them of liability if the other person gets into an accident. However, the Florida dangerous instrumentality doctrine, says that the vehicle owner can also be liable. If you are an accident victim, this means you may have another potential source of recovery. To learn more about how this doctrine can impact your claim, contact the Tampa car accident lawyers at Abrahamson & Uiterwyk today. What Is the Florida Dangerous Instrumentality Doctrine? The doctrine holds the owner of a dangerous instrumentality responsible for any damage or injuries that the vehicle caused. In this situation, Florida courts have determined that vehicles qualify as dangerous instrumentalities. In easier-to-understand terminology, Florida law says that an owner of a motor vehicle can be held liable for injuries and damages to a third party when the owner voluntarily loans their vehicle to another person. The reasoning behind this theory is that some items, such as a motor vehicle, have the propensity to be so dangerous that public policy should not allow the legal owner to avoid any legal responsibility if an innocent person is injured by the vehicle that they permitted someone else to drive. One of the most common examples of the Florida dangerous instrumentality doctrine is when parents purchase a vehicle for their child but retain legal ownership of it. The doctrine extends to all passenger vehicles, such as a car, pickup truck, SUV, van, etc. The person driving and the vehicle owner could both be responsible for economic and non-economic damages caused by the driver’s wrongful acts or negligence. However, the doctrine does not extend to long-term lessees—those leasing the vehicle for their personal use. In this case, the liability will be limited to the lessee. That means the dealer or similar entity will not be responsible for any damages the leased vehicle causes, despite possibly holding a security interest in the vehicle. There is one important difference between Florida’s dangerous instrumentality doctrine and vicarious liability in other states: other states typically require proof that the owner acted negligently in giving permission. Florida’s doctrine doesn’t have that requirement. Where the application of this doctrine becomes more confusing is when the accident occurs outside of Florida. Florida vehicle owners could still be held liable under the doctrine, even if the accident occurs out of state. Whether this doctrine can be applied to an out-of-state accident will depend on the circumstances. If your claim involves an out-of-state accident, you should contact an experienced Tampa car accident lawyer at Abrahamson & Uiterwyk. Exceptions to Florida’s Dangerous Instrumentality Doctrine There are some instances where the doctrine will not apply. Car Theft The first exemption is when someone steals a car. The doctrine applies only to people who permit someone else to drive their vehicle. If the owner can show the person didn’t have permission, such as a vehicle thief, then they likely wouldn’t be held accountable. Shop Rule In some cases, there may be people who have permission to drive the vehicle, but the doctrine won’t apply. Examples include body shop employees, auto mechanics, or valet parking attendants. This example falls under the “shop rule.” Under the shop rule, vehicle owners who entrust their vehicle to an auto body shop or service station will not be responsible for any negligence on behalf of the shop employees. This same exception also applies to any damage that a valet driver causes. Rentals and Leases Rental cars and leased vehicles also fall under the exception clause. The leasing company or rental agency keeps the vehicle title in their name, but they aren’t responsible for what the renter or lessee does while driving that vehicle. This example falls under the Grave’s Amendment. The Graves Amendment was part of a 2005 federal highway bill that excludes rental car companies from vicarious liability for injuries caused by their customers unless someone can prove that the rental car company’s actions or negligence contributed somehow. Recent Sale The final exception deals with selling a vehicle. If the vehicle owner sold the car and the new buyer damaged it before changing title, the previous owner may be able to escape liability. The accident must occur before the prior owner had a reasonable amount of time to change the title. Do You Need to Hire a Tampa Car Accident Lawyer? Following an auto accident in Florida, you are likely wondering whether you need to hire an attorney or can handle the claim on your own. In most cases, hiring a Tampa car accident lawyer is beneficial. If you were involved in an accident where the dangerous instrumentality doctrine in Florida applies, it’s essential to speak with an experienced injury lawyer near you before pursuing an injury claim independently. These can be complicated claims, and you want to talk to someone who has experience handling similar cases. At Abrahamson & Uiterwyk, our attorneys have over 30 years of experience helping clients get the compensation they deserve. We have represented over 20,000 injured clients and recovered over $800 million to date. Contact our office today to schedule an initial consultation. Let us review your case and advise you on the best legal course of action.

Florida Auto Negligence Overview

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Florida is home to millions, and so many drivers on the road often leads to unfortunate accidents. These car accidents are often the result of a negligent party or a party whose irresponsibility on the road endangers other drivers. It’s essential to know how Florida handles automobile negligence and what that may mean for you. Defining Auto Negligence An individual is negligent when they are not acting reasonably and their actions cause an accident or injury. Similarly, auto negligence occurs when a driver is not driving in a way a reasonable driver should, resulting in an auto accident. Proving Auto Negligence Proving negligence in Florida requires you to establish that a driver was not driving reasonably and that their lack of care ultimately resulted in an accident and injury. To prove negligence, you must first satisfy the following elements: The driver owed you a duty of care; The driver breached this duty of care by failing to drive responsibly; The breach was the direct cause of the accident; and The accident resulted in damages. Drivers owe other drivers on the road a duty to act reasonably and drive responsibly. If the other driver did not respect other drivers on the road, they have breached this duty. If this breach of care resulted in your accident and the accident then resulted in damages, including injuries and property damage, there is a chance that you will successfully prove the other driver’s negligence. It can be challenging to establish auto negligence. Fortunately, a car accident attorney can gather details and information from your case to help establish the other driver’s negligence. Proving negligence is one of the most crucial parts of a car accident case. Comparative Negligence in Florida Car Accidents No two accidents are the same, and while many accidents are caused by one negligent driver, some accidents are caused by multiple parties. Florida follows the “pure comparative fault” rule for cases involving more than one negligent driver. Under the pure comparative fault rule, a judge will determine each driver’s exact percentage of fault. The plaintiff’s award will then be reduced by the percentage of fault they have in their accident. For example, if the defendant crashes into the plaintiff but the plaintiff was texting and driving, the pure comparative fault rule will come in. If the defendant was 70% at fault and the plaintiff was 30% at fault, and the plaintiff’s total damages are $100,000, their award will be reduced by 30%, leaving them with $70,000. Some states follow a different comparative fault rule, where a plaintiff more than 50% at fault loses the right to recover any damages. However, this is not the case in Florida. Even if it is determined the plaintiff is 90% at fault, they will still be entitled to 10% of the damages award. Florida’s No-Fault Law Florida is one of the very few states that follow a “no-fault” car insurance system. This system provides that, after a car accident, you will have to seek monetary aid from your own insurance coverage. Your personal injury protection, or “PIP,” insurance will cover your medical bills and other accident-related expenses, up to $10,000, regardless of who is at fault for the accident. If your injuries and losses exceed the $10,000 maximum, you may be able to go outside Florida’s no-fault system and file a claim or personal injury lawsuit. Note that the no-fault system does not apply to property damage resulting from a car accident. You may make a claim against the at-fault driver for property damage and loss. Serious Injury Under Florida No-Fault To file a lawsuit against the at-fault driver to recover for non-economic damages under Florida’s no-fault system, injuries must qualify as “serious injury.” According to Florida Statute, serious injury includes: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; Significant and permanent scarring or disfigurement; and Death. If your injuries do not qualify, you will not be able to collect for non-economic damages. How a Florida Car Accident Attorney Can Help While you are not legally required to hire a car accident attorney, having representation will often result in the best outcome. Not every car accident case is straightforward, with some cases presenting particular challenges. Your Florida accident lawyer will handle every aspect of your case, including: Investigating your accident, Gathering information and evidence, Calculating appropriate damages, Communicating with insurance companies, and Engaging in settlement negotiations. Often, car accident cases settle without ever seeing the inside of a courtroom. Nonetheless, some cases do end up in front of a jury. Having the help of an experienced car accident attorney will give you peace of mind knowing your case is being handled properly. A lawyer will advocate for you, protect your rights, and work toward getting you the compensation you deserve. Contact a Florida Car Accident Attorney Today Abrahamson & Uiterwyk has over three decades of experience helping injured clients when they need us most. Our firm has had the pleasure of serving over 20,000 clients to date, recovering hundreds of millions along the way. Client satisfaction is of the utmost importance to us, and we’re happy to have earned the love and respect of so many of our clients. We provide aggressive representation to help get you back on your feet after an accident. Our firm offers free case reviews. Contact us today, and let’s get started.

Florida Survival Statutes Quick Facts

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Losing a loved one is always difficult. You will undoubtedly experience heightened emotions, stress, and financial instability. While money cannot take the lingering pain away, it can help ease some pressure and financial strain. After a loved one’s death, you may be able to file a survival action. It is essential to know what the Florida survival statute means, what differentiates a survival action from a wrongful death claim, and your options. Wrongful Death vs. Survival Action After losing a loved one, you may hear “wrongful death” and “survival action” used interchangeably. However, they are not the same kind of lawsuit. Wrongful Death A wrongful death claim in Florida arises when a loved one dies due to someone’s negligence or a wrongful act. The decedent’s survivors may then bring a wrongful death claim. This type of claim serves to compensate the decedent’s family for the death. Survival Action On the other hand, a survival action allows a decedent’s survivor to file a lawsuit as if the decedent themselves were filing the lawsuit. The Florida Survival Statute provides that “no cause of action dies with the person.” This means if a decedent would have had grounds to file a lawsuit, they still will even after death, with their survivors filing the lawsuit for them. While wrongful death compensates the family for the losses they incurred after their loved one’s death, survival claims focus on the decedent’s losses. A survival claim can be based on the actions that caused the person’s death or on other injuries unrelated to their death. Who Can File a Survival Claim? Survival claims may be filed by a personal representative of the decedent’s estate. Unlike wrongful death claims, where damages go to specific family members, survival claim awards go to the decedent’s estate. The award is then distributed according to the decedent’s will. If a decedent dies intestate, or without a will, the decedent’s heirs will receive the award. A decedent’s heirs typically include spouses, children, grandchildren, and other relatives. A court can decide how to distribute the award correctly. Damages Available In Survival Claims Damages available in survival claims are those that would have been available to the decedent had they lived and been able to file their own lawsuit. These damages include: Medical expenses, Lost wages, Lost earning capacity, Pain and suffering, and Property damage. Survival claim damages may also include any other financial losses the decedent incurred due to the defendant’s negligence or the wrongful act leading to their death. Damages can be challenging to calculate, and you may not be aware of everything you’re entitled to. Fortunately, an attorney can calculate the appropriate damages and the compensation you deserve. What Kind of Claim Should You File—Wrongful Death or a Survival Action? You may be confused as to which claim is right for you. While you may be able to file both a wrongful death lawsuit and a survival claim, Florida does not allow you to receive damages for both types of claims arising out of the same incident. A proficient attorney can review the details of your case and help you decide which claim to pursue. In certain situations, you may be able to pursue both a wrongful death and survival claim. For example, your spouse is involved in an accident that leaves him paralyzed. Six months later, he suffers a heart attack after a medical procedure entirely unrelated to the accident. In this case, you may then file a survival claim for the first accident and a wrongful death claim for the medical malpractice since these two unfortunate incidents were unrelated to one another. An Attorney Can Help After the loss of a loved one, you may be confused and frustrated. While a lawsuit cannot bring your loved one back, it can help alleviate some of the financial burdens left after a death. An attorney can help you navigate the challenges of a lawsuit, working toward getting you just compensation. Your attorney will: Investigate your loved one’s death; Determine which type of claim is right for you; Gather relevant evidence and information; Calculate damages; and Fight for your rights and compensation. Losing a loved one is hard enough as it is. Let an attorney take care of your claim, giving you peace of mind and time to heal. Contact a Florida Attorney Today Abrahamson & Uiterwyk has over 30 years of experience helping clients through the most challenging times. We are committed to providing aggressive representation and prompt service, leaving clients satisfied and on the road to recovery. Our team offers the care and compassion to get you through one of the toughest times while never losing sight of the end goal: justice and financial recovery. We offer free case evaluations. Contact our office and let’s see how we can help you.

Understanding Loss of Consortium in Florida

Jan 12, 2021 | Category: Articles & FAQ | By Erik Abrahamson

Serious accidents can cause more than just physical damage. The emotional harm can be just as impactful and long-lasting and may support a claim for loss of consortium. What Is Loss of Consortium in Florida? When a victim is injured or dies as a result of the negligent actions of another person, they or their loved ones are generally able to bring a personal injury or wrongful death claim against the negligent party. Depending on the severity of the injury, the outcome can affect more than just the victim. Understanding loss of consortium in Florida is important to determine your options. Loss of companionship is another common term for loss of consortium. Loss of consortium in Florida is generally defined as loss of companionship and fellowship. This includes the right of each to the company, cooperation, and aid of the other in every conjugal way. How Do I Prove Loss of Consortium? Not every personal injury or wrongful death case will include a claim for loss of consortium. In most cases, a loss of consortium claim involves death or serious injuries that prevent the victim from functioning like a normal, healthy person. This could include brain damage, paralysis, incontinence, or a variety of other issues that require a significant level of care and assistance for the victim to maintain their quality of life. The injury must be severe and long-lasting. Here are some of the facts that must be true for you to receive compensation for loss of consortium: If filing a claim as a spouse, the victim and plaintiff must have been married at the time of the accident; The defendant must have intentionally or negligently caused the injury of the victim; The defendant’s conduct must have caused the serious harm; The personal injury or wrongful death claim in Florida against the defendant must be valid; and The plaintiff must prove the actual loss of consortium due to the victim’s injury. A loss of consortium claim is directly tied to the personal injury claim. If there is not a valid claim for personal injury or wrongful death, meaning no negligence on the part of the defendant, there cannot be a claim for loss of consortium. You must file the personal injury claim first in civil court. The loss of consortium is a separate claim, but cannot be filed first. It is helpful to have an experienced Florida personal injury attorney to guide you through this process. Can I Bring a Claim for Loss of Consortium in Florida? Most loss of consortium claims are filed by spouses. A claim could also be brought by the children, parents, or other dependents of the victim. The age of the victim or their children may be a factor. There are three types of loss of consortium claims. Spouse’s Loss of Consortium A spouse has a claim only if they were married to the victim. A lot of other factors regarding the health of the relationship can also be considered in a spouse’s claim. The victim and spouse must have been married before the accident occurred. Loss of Parental Consortium According to Florida Statute 768.0415, “A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability shall be liable to the dependent for damages, including damages for permanent loss of services, comfort, companionship, and society.” Severe injury to the parent of a minor child could pose a special set of difficulties. A child forced to grow up without the care of a parent or to act as a caregiver has experienced loss. Losing a parent is a life-altering occurrence. Parental Loss of Filial Consortium A claim filed by a parent is referred to as “loss of filial consortium” and applies if the victim was a minor. The loss or severe injury of a child is a tragedy no parent wants to experience. Potential Compensation for Loss of Consortium in Florida It is hard to put a dollar amount on the suffering that comes from severe injury or loss of a loved one. No monetary compensation will ever be enough to replace what was taken away from you. Compensation achieved through a valid claim for loss of consortium does not include damages associated with the actual injury. This compensation is for non-economic harm and may include various types of loss including: Help raising minor children, Help with household chores, Financial assistance, General companionship, Sexual relationship between spouses, and Emotional support. These are hardships that may occur because of the injury. Though money cannot make up for the loss of a partner or family member, the monetary recovery may allow a surviving single parent to hire help with childcare or household chores. It could also help with therapy or just coping with new burdens that may arise. What Do I Need to Know About Filing a Claim? If you choose to file a claim for loss of consortium in Florida, it is important to understand that your relationship with the victim will be placed under a microscope. Intimate aspects of your relationship will be questioned and scrutinized. This could be especially difficult if your marriage included any infidelity, separation, abuse, or criminal charges. Length of the relationship and life expectancies may also be factors. Hard times do not mean that a valid claim for loss of consortium does not exist, but building a solid case will be easier with the assistance of an experienced personal injury attorney. Should I Hire an Attorney for My Loss of Consortium Case? Navigating the court system alone can be a daunting task. Combine that with a lack of emotional support from your injured spouse or loved one, and it becomes even more difficult. A personal injury attorney who has experience with loss of consortium cases will be able to help you in a number of important areas including: Determining the strength of your case; Filing important paperwork; Understanding your options for relief; Preparing you for invasive...

What to Do After an Accident Resulting in an Injury at Universal Studios

Dec 10, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Although visited by millions per year, amusement parks like Universal Studios may put people at risk for accidents and resulting injuries. Accidents at Universal Studios may occur more commonly than you expect. Whether injuries suffered are minor or severe, it’s essential to be aware of the common reasons that accidents and injuries may occur. Additionally, knowing what to do in the event a Universal Studios ride accident occurs is essential to establishing your compensation claim. Steps to Take After an Accident at Universal There are essential steps to take after you suffer a Florida Universal Studios accident. The most important goal after suffering an injury is compiling and retaining evidence. Dial 911 If injured, call 911 to bring the proper authorities to the scene of your accident at Universal. It’s crucial to ensure you are not severely injured or in need of medical assistance. Seek Medical Assistance If your Universal Studios Orlando Florida accident causes substantial injuries, seek medical assistance. It may be wise to seek medical help even if you feel fine. In many personal injury cases, you may discover injuries or experience pain at any time after the accident occurs. Additionally, obtaining an assessment of your physical injuries after an Orlando Universal accident provides documentation of any damages for which you may seek compensation. Create an Account of the Accident Do not allow too much time to pass before creating a chronological timeline and a detailed list of the circumstances of your Universal Studios theme park accident. Since memory fades over time, making a record of detailed information can keep details fresh in your mind and provide evidence later on. Gather Evidence and Witness Accounts If possible, take photographs of the scene of your accident at Universal as well as pictures of your injuries. This type of evidence serves as visual proof of any compromised safety issues existing at the park. Additionally, ask parties that witnessed the accident at Universal Studios Florida for their contact information. When preparing your lawsuit against Universal Studios for your injuries, key witnesses can strengthen your case regarding any safety issues existing at the park. Maintain Records Hold on to all copies of medical bills and statements. Additionally, keep records of any missed wages resulting from accidents at Universal Studios. Medical reports, including those providing details of long-term medical care, can also be vital. Types of Injuries for Which You Can Seek Compensation The most common types of injuries suffered at theme parks like Universal Studios may include the following: Broken bones and fractures; Severe brain and head injuries, including concussions and traumatic brain injuries; Whiplash and other neck injuries; Spinal cord injuries; Cuts, bruises, and scrapes; Drowning; and Death. Injuries suffered due to a Florida Universal Studio accident should be reported immediately to park personnel, and you should immediately seek medical attention. Types of Claims You May Have There are several grounds on which you might consider bringing a claim for a Universal Studios accident. Negligence Ordinary negligence leading to injuries as a result of an accident in Universal Studios Florida may be based on: Operator behavior, The nature of the ride, Missing safety equipment required for a safe ride, Mechanical failure, Negligent supervision, Design defects, or Poor maintenance. Although Universal Studios undertakes routine safety inspections and training for all employees, accidents at Universal Orlando may still occur. Injuries at amusement parks like Universal Studios can be especially devastating due to the high-speed nature of many rides at the park. Products Liability In addition to negligence, injuries suffered due to a Universal accident may fall under product liability. Product liability lawsuits do not rest on the same theory of duty of care as negligence. Instead, product liability lawsuits rest on the concept of strict liability. Strict liability does not depend on negligence or intent to harm to establish a claim. Product liability claims depend on injuries caused by the following: Dangerous design unreasonable in nature, Defects in manufacturing, or Failure to adequately warn of the hazardous nature of a product. Product liability lawsuits are particularly complicated. They may include not only Universal Studios, but other parties involved with the park. Premises Liability Premises liability is a legal theory related to a park owner’s responsibility to maintain and keep the property safe. Park owners and operators must proactively identify dangers and remedy them to avoid injury to park guests. If you tripped on a damaged stair, slipped on a wet floor, or cut yourself on a jagged edge at Universal Orlando, you might have a premises liability claim. How Do I Know If I Have a Case? If you suffered an Orlando Studio accident resulting in injuries, you may claim compensation against Universal Studios. An experienced personal injury attorney assesses your claim’s facts to determine if your injuries resulted from the negligence or liability of Universal Studios. Benefits of Hiring An Attorney You can expect significant pushback after filing a lawsuit for injuries resulting from an accident at Universal Studios Florida. Theme parks such as Universal Studios employ a team of defense attorneys to avoid liability for your injuries. Additionally, defense attorneys may paint a picture of comparative negligence on your part to lessen your compensatory award. An experienced personal injury attorney understands the complexities of different causes of action and carefully compiles evidence to strengthen your claim. Additionally, attorneys understand the statute of limitations and other deadlines, and can ensure your case is not dismissed on a technicality. Contact Us For those injured due to accidents at Universal Studios, the personal injury attorneys at Abrahamson & Uiterwyk are here to help. Our team of personal injury attorneys has recovered hundreds of millions of dollars in compensation for our clients. Our experience includes representation of over 20,000 injury victims throughout Florida. Our prompt and aggressive personal injury attorneys provide diligent and caring representation to our injury victims. Contact us today to obtain a free case review of the facts surrounding your Universal Studios accident. FAQ Will Universal Studios Pay for My Injuries? If Universal...

Bulging Disc from Car Accident Settlement

Dec 10, 2020 | Category: Valuing Injury Claims | By Erik Abrahamson

Though they occur every day, no one ever expects to be involved in a car accident. However, the trauma of a car accident in Florida is further complicated if you suffer a debilitating injury. Though common, bulging disc injuries affect everyone differently. If you suffered a bulging disc injury from a car accident, settlement with the other driver’s insurance may be an option for you. The severity of your injury affects your bulging disc settlement value. Contact a personal injury attorney to review the facts of your case and possible bulging disc car accident compensation. What Is a Bulging Disc? In our back, we have multiple discs positioned between our vertebrae to cushion our movements. Soft cartilage wraps each disc, shaped to fit between the vertebrae it cushions. As we age, the discs change shape and begin to protrude. Bulging disc is the term applied to these protruding discs. Bulging discs can exist anywhere from the neck to the lower back. Though relatively common and often painless, bulging discs become uncomfortable when irritated or when a disc rests against the nerves of your spine. Bulging discs can cause a wide array of symptoms, many not directly associated with the bulging disc’s location. Typically, these injuries cause headaches, numbness, pain in the neck, face, shoulder, back, and hands. A bulging disc in the lower back may cause numbness, pins-and-needles, and weakness in the legs. While bulging discs occur due to age and general deterioration, they may also be caused by traumatic events like a car accident. In these situations, you may wonder what your rights are for bulging disc car accident compensation. Is There An Average Settlement For a Bulging Disc? Due to the wide range of injuries a bulging disc may cause, there is no average settlement for a bulging disc from a car accident. You can seek a settlement for a bulging disc injury in the neck or spine. However, you may wonder how much would a settlement be for a bulging disc injury you suffered. Various factors influence a bulging disc settlement value. Age As you age, your risk of suffering a bulging disc injury increases. Additionally, as you age, your ability to recover more quickly from injuries lessens. Therefore, age and your ability to recover will play a factor in your bulging disc settlement. Medical History Even if you had a bulging disc or another injury before your accident, this does not prevent you from pursuing a bulging disc from car accident settlement. Insurance companies may attempt to call your bulging disc a pre-existing injury. You can receive compensation even for a pre-existing injury if the accident made your injury worse. However, you may receive less for your bulging disc car accident compensation than you would with a new injury. Salary & Lost Wages If your bulging disc keeps you from working, you have a right to recover your lost wages in your settlement. The higher your pre-injury wages, the higher your bulging disc settlement may be. Nature of Injury A bulging disc settlement value is affected by the prognosis of your injury after your car accident. For example, if your bulging disc injury improves over a few months, your bulging disc car accident compensation may not be substantial. In contrast, if you suffer lifelong issues such as chronic pain, limited mobility, inability to work, and other symptoms as a result of your bulging disc after a car accident, your settlement amount may be greater. Pain and Suffering In many cases, a bulging disc injury can cause pain and suffering, including psychological and emotional symptoms that are not easily quantifiable. For example, if your bulging disc injury causes chronic pain, this may result in emotional stresses since you cannot return to your everyday life before your injury. These types of injuries, while difficult to quantify, may also increase the settlement value of your case. Bulging Disc Injuries and Insurance Companies Insurance companies are not eager to pay out fair bulging disc settlements. Insurance companies may claim your injury was pre-existing in an effort to reduce your compensation. Additionally, they may attempt to claim you were at fault for the accident. For these reasons, it’s essential to have an experienced personal injury attorney representing your interests. Many unrepresented and injured parties settle for less compensation than they would have received if they retained a personal injury attorney. Personal injury attorneys at Abrahamson & Uiterwyk carefully compile necessary evidence and documentation to strengthen your claim. We guide clients on their path to recovery through diligent representation and advocacy. What Should I Do About Treatment For My Bulging Disc? After suffering a suspected bulging disc injury, it’s best to seek medical attention to receive an assessment from a medical professional. For purposes of your bulging disc settlement, retain all medical records regarding your injury. Your diagnosis and prognosis are all factors impacting your bulging disc settlement value. How Long Can the Bulging Disc From a Car Accident Settlement Process Take? If parties agree to a settlement, an insurance company must pay the claim within 20 days. If it is a personal injury protection claim, the insurance company must pay the claim within 30 days. Timelines are dependent, however, on the ability of the parties to reach a satisfactory settlement. There are many reasons why a settlement may take longer to reach. Disputed Factual and Legal Issues In many situations, the parties may not agree on various factual or legal issues relating to a bulging disc injury. For example, there may be a dispute regarding the injury’s severity or who is at fault for the accident. Settlement Value If your bulging disc settlement value is likely to be high, your case might take longer. Insurance companies are not eager to pay out large sums of money in lawsuits, so they are more likely to contest legal or factual issues in high-value cases. Medical Improvement If your bulging disc injury is ongoing, with no resolution of your symptoms, it may be difficult...

What to Do If Your Stomach Hurts After a Car Accident

Nov 3, 2020 | Category: Articles & FAQ | By Erik Abrahamson

After a car accident, some injuries take a few days to become noticeable. One type of pain that commonly appears sometime after an accident is stomach pain. Stomach or lower abdominal pain after a car accident can be caused by the seat belt pressing against your abdomen. Here, we will talk about what you should do if you or someone you know is experiencing stomach pain after a car accident. Stomach Pains After a Car Accident: Your First Steps The first thing you should do if you have abdominal pain after a car accident is seek medical attention. Stomach and lower abdominal pain can be a sign of internal injuries or internal bleeding. Sometimes, the impact of a car accident can cause rupture or other damage to your internal organs. Even if you just think you are a little sore, you should see a doctor to make sure the pain isn’t the result of a more serious post-accident injury. It is especially important that children see a doctor if they are experiencing stomach pains after a car accident. Children do not have as much abdominal fat to cushion an impact as adults. Their abdominal muscles may also not be fully developed, making them more susceptible to abdominal injuries. Signs and Symptoms of Abdominal Pain While abdominal pain after a car accident is one sign of abdominal trauma or internal injury, there are other symptoms to watch for as well. Possible signs of an internal injury include: Swollen stomach after car accident; Cuts or bruises where the seat belt rests on your abdomen; Upset stomach after car accident; Nausea and vomiting; Constipation or diarrhea; and Fever. If you have any of these symptoms, you should seek medical attention as soon as possible. Abdominal pain after a car accident may not start until hours or days after the accident. You should see a doctor about delayed stomach pain just to be safe. Seat Belt Syndrome The medical community has dubbed the various car accident injuries caused by seat belts “seat belt syndrome.” When a car stops or decelerates suddenly, your body will push against the seat belt with a lot of force. While seat belts help to keep drivers and passengers in place, preventing head injuries, the force of your body pressing against the seat belt can cause other injuries. These include bruises or marks from the seat belt, chest and neck injuries, and fractures of the lower spine. The force of the impact from your seat belt during a car accident can be strong enough to rupture or cut organs or major arteries. This can cause conditions such as internal bleeding which can be deadly if left untreated. Even if you do not think you were in a high impact collision, you should seek medical attention for stomach pain after a car accident. How We Will Help with Your Abdominal Pain After a Car Accident Case If you experienced abdominal pain after a car accident and were diagnosed with internal injuries, our law office can help you get compensation. If a negligent driver caused your accident, you may be able to recover your medical costs and lost wages through a lawsuit. Abrahamson & Uiterwyk has more than 30 years of experience helping accident victims and other injured people get the compensation they deserve. Our law office is ready to talk about your accident and answer any questions you may have. We will treat your case like a priority from beginning to end so you can cope with the aftermath of your accident injuries. Contact us today to talk about receiving prompt and aggressive representation in your personal injury case.

Do Car Accident Settlements Cover Chiropractic Treatment?

Nov 3, 2020 | Category: Valuing Injury Claims | By Erik Abrahamson

Many car accidents result in back and neck injuries or nerve damage. If you do not receive treatment for a back or neck injury, you may suffer long term pain and discomfort. Seeing a chiropractor after your accident is one way to avoid long term complications from injuries. If a negligent driver caused your car accident, you may be able to receive compensation from them or their insurance company. This compensation can cover the costs of seeing a chiropractor. There are some things you should know about compensation for chiropractor costs and your car accident claim. When Should I See a Chiropractor? Even if you do not experience immediate pain, it is a good idea to see a doctor after your accident. You should seek medical attention after a car accident whether or not you think you are injured. Some injuries are not apparent right away. You may start to feel pain or discomfort hours or even days after the accident occurs. Seeing a doctor can help you identify and treat injuries before they become worse. If your doctor recommends chiropractic treatment, you should see a chiropractor. Chiropractors can help you heal and rehabilitate after a back or neck injury. You should listen to your doctor and chiropractor and continue to receive chiropractic treatment for as long as they recommend. Your chiropractor can also help you document your injuries and your recovery process, which can be helpful supporting evidence for a personal injury lawsuit. Will a Car Accident Settlement Cover My Chiropractic Treatment in Florida? A car accident plaintiff who proves that the other party’s negligence caused their injuries is entitled to compensation for reasonably necessary medical expenses. Courts consider chiropractic treatment a medical expense. This means that your personal injury settlement can cover your chiropractic treatment as long as the treatment was reasonably necessary. Your attorney can produce carefully documented treatment records to prove to a jury that the treatment was necessary. While some people are skeptical about whether chiropractic treatment is effective, this will not prevent you from receiving damages that include the cost of your treatment. The main obstacle to receiving compensation for your chiropractic expenses will be establishing that all of the treatment you received was needed to treat your injuries. Negotiating with Insurance Agents We will likely have to negotiate a settlement with the responsible driver’s insurance company. Most personal injury cases are resolved through settlements and do not get in front of a jury. The responsible driver’s insurance company may try to offer you a settlement amount that does not cover the full cost of your chiropractic bills. This is where hiring an experienced personal injury lawyer can greatly benefit you. Your personal injury lawyer will know how a jury is likely to decide your Florida car accident claim. They can use this information as leverage to negotiate a higher settlement with the insurance agent. If you have a strong claim and evidence showing that all your chiropractic expenses were necessary, you have a better chance of convincing an insurance agent to pay your full chiropractic costs through a settlement. How Can We Help with Your Accident Case? If you or a loved one saw a chiropractor after your accident, Abrahamson & Uiterwyk can help you get the compensation you deserve. With over 30 years of experience handling a variety of personal injury claims, our attorneys will know how to handle insurance agents who are reluctant to give you a fair settlement. Our attorneys can gather medical records and support for your claim to establish that you should recover the full cost of your chiropractic expenses. We will advocate passionately for you and make your case a top priority. Get Your Accident Questions Answered Contact Abrahamson & Uiterwyk with all of your car accident questions. Our experienced attorneys and staff are ready to listen to the details of your personal injury claim and discuss next steps. Call us today to start the process to pursue the compensation for your post-accident chiropractic expenses.

Reasons Why Delayed Pain After a Car Accident Can Be Serious

Nov 3, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Car accidents can cause injuries; that’s no secret. They can range from minor bumps and bruises to broken limbs and traumatic brain injuries and practically everything in between. Sometimes, in the aftermath of an accident, you may feel just fine. The human body’s natural response to stress is to flood your body with adrenaline, masking underlying pain or injuries. But days or even weeks down the line, you may begin to feel twinges and aches that could be signs of serious or injury. If you experienced delayed pain after a car accident, you need to see your doctor right away. Common Delayed Pain Symptoms While stiffness and soreness are common after-effects of a car crash, there are some physical signs that you should not ignore. For example, delayed back pain after a car accident is more normal than you think. There are a few symptoms to watch out for, and they can be indicative of a serious injury. Bodily Injury Pains You should not ignore any aches and pains following your accident. Delayed stiffness and soreness in your back or shoulders can mean you suffered a severe whiplash injury and may have damage in your neck or back. Back pain is another common delayed symptom of injury. Back pain can mean you suffered a musculoskeletal or nerve injury in your upper, mid, or lower back. You should also take any abdominal pain seriously. This can signal internal injuries like lacerations or bleeding that requires surgical intervention. Symptoms of a Head Injury Brain injuries are very serious. Concussion symptoms may take a little while to manifest, and brain clots or brain bleeds can be deadly. Be on the lookout for: Headaches, Memory issues and trouble focusing, Vision and balance problems, Mood swings, and Fainting and bouts of unconsciousness. Remember to always listen to your body. If something doesn’t seem right, go with your instincts. It may save your life. How Long After an Accident Can Pain or Injuries Show Up? When pain after a car accident is delayed, it is usually due to the type of injury a person suffers. Doctors don’t know exactly why some people experience symptoms right away, and others don’t. One explanation is the high amount of adrenaline in a person’s system in stressful situations, but that doesn’t explain all delayed symptoms. Regardless, it is not an uncommon phenomenon, especially with the following injuries: Internal bleeding may not manifest symptoms for 24 to 72 hours; Concussion symptoms may take days to show up; and Brain and neck injuries may be undetected for up to a week. Don’t ignore any symptoms, even if they show up days or even weeks after your accident. If My Symptoms Are Delayed, Can I Still Seek Compensation? Delayed pain and injury symptoms after an accident are common. If your injury is the result of the crash, you are absolutely entitled to seek compensation for it. But it can be harder to prove to the insurance company that those injuries are related to the same accident. Be sure to keep records of any medical treatments you receive, as well as any future therapy you may need. Then contact an experienced personal injury attorney to help you build your claim the right way. Never Accept a Settlement Offer Without Legal Advice In the aftermath of an accident, the other driver’s insurance company will want to do their best to settle your claim quickly and for as little money as possible. Remember that they probably will not offer you the entire amount you’re entitled to—at least at first. Keep calm and talk to an attorney as soon as you can. An experienced personal injury attorney can tell you if the insurance company’s proposed settlement is a lowball offer and can negotiate with the insurer on your behalf. If necessary, they can even take your claim to court to pursue the full amount of compensation you deserve. Suffering Delayed Pain After a Car Wreck? Call Abrahamson & Uiterwyk Today! At Abrahamson & Uiterwyk, we know that the aftermath of an accident is a chaotic and stressful time. If you are experiencing delayed symptoms and pain from the wreck, this stress is only multiplied. Our team of personal injury attorneys is here to help you fight for fair compensation for your injuries and will be with you every step of the way. From our offices in Tampa, Clearwater, St. Petersburg, and New Port Richey, we take pride in providing Floridians with personal and passionate legal advocacy. Get in touch with us anytime via phone at 800-538-4878, text us at 727-312-1275, or fill out our online contact form for a free case evaluation today.

Leg Pain After a Car Accident? Here’s What to Do Next.

Nov 3, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Are you or a loved one experiencing leg pain after a car accident? If so, it may not be in your best interest to wait and see if you get better on your own. Car accident victims face a high risk of suffering injuries to the lower extremities. The hips, legs, and feet are highly susceptible to injury in most types of car accidents, along with the ankle and knee joints. Left undiagnosed and untreated, you could develop complications and potentially even permanent injuries or disability. If the accident wasn’t your fault, you might have a valid legal claim. You could be entitled to recover compensation for your medical treatment, lost wages, emotional trauma, pain and suffering, and more. At Abrahamson & Uiterwyk, our Florida car accident lawyers help personal injury victims pursue the justice and financial compensation they deserve. If you are suffering from any car accident-related injury, call on us for help. Common Types of Leg Injuries Suffered in Car Accidents The structure of the lower limbs involves a complex network of bones, ligaments, tendons, nerves, blood vessels, and soft tissue. The possibilities for injuries—from mild to devastating—are countless. The following are some of the most common types of leg injuries that result from car accidents. Fractures You have more than 60 different bones in your lower extremities, including the femur (thigh bone), tibia, and fibula (lower leg bones). The force of a collision can break or shatter one or more of these bones. Broken femurs, which are unfortunately common in car accidents, can take months to heal, leaving you immobile and potentially unable to work. Soft Tissue Damage Damage to your ligaments, tendons, cartilage, muscles, or nerves are all potential results of a car crash. Some of the most common include ACL tears and damage to the meniscus in the knee. Without proper treatment, you could develop arthritis and other potentially debilitating conditions. Lost Limbs or Digits In extreme cases, accident victims can suffer leg injuries so severe that they result in the full or partial loss of the leg(s) or toe(s). This type of injury can also occur after the fact if the victim develops an infection or loses blood flow to the lower limbs. If you suffered a severe injury, you likely had immediate medical attention. If your injuries didn’t seem serious at the time, however, you might have skipped seeing a doctor for evaluation. As a result, you could develop leg pain later without knowing the cause. Should I Seek Medical Treatment Even If My Injuries Don’t Seem Serious? After any motor vehicle collision, you should see a qualified medical treatment professional for evaluation. If you don’t get checked out by EMTs at the scene of the crash, consider going to the ER or urgent care immediately. You can also make an appointment with a doctor for evaluation, as long as you do so right away. You might not experience symptoms of your injuries right away. If you’re in shock, you may not feel pain or discomfort as you normally would. Internal and soft tissue injuries can take hours or days to start causing symptoms. By then, you could develop potentially dangerous complications. Building the strongest possible legal case is another important reason to seek medical attention immediately. Your attorney will use your medical testing and treatment records as the basis of your claim. If you hold off on going to the doctor or ER, the insurance company could argue that your injuries must not have been that serious. Can I Seek Compensation for My Car Accident Injuries? If another person caused or even contributed to your accident, you have the right to pursue legal action. Florida’s comparative negligence laws allow you to seek recover compensation for damages even if your actions contributed to the accident. Attorneys typically establish fault by demonstrating that another party caused your injury accident through negligent, reckless, or intentional action. The best way to determine if you have a viable case is to talk to an attorney. After reviewing the facts of your case, an attorney can recommend the best approach to pursuing legal action. Attorneys recommend pursuing a claim as quickly as possible. This helps ensure that your legal team can try to negotiate a settlement with the insurance company. If the insurer agrees to an acceptable settlement, you won’t have to wait for a trial to seek the justice and compensation you deserve. Talk to a Florida Car Accident Attorney Today for Answers The Florida personal injury lawyers of Abrahamson & Uiterwyk have more than three decades of experience helping car accident victims get justice. We offer a free consultation and case evaluation to help you get started with the legal process. We answer your questions and explain your options, so you can make the best choice for your future health and well-being. Before you make any decisions or provide any statements to the insurance company, call or contact us online to learn more, or to speak with one of our Florida car accident attorneys about your leg pain.

What to Do If You Experience Wrist Pain After a Car Accident

Nov 3, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Car crash victims commonly experience wrist injuries as a result of their accident. These injuries can be significant, causing pain and stripping the victim of mobility and function. If you are experiencing wrist pain after a car accident, it is important for you to seek medical treatment to help avoid complications and further damage. If your accident was caused by the actions of another party, you should also contact an experienced personal injury attorney to explore your options for pursuing legal action. In Florida, the experienced car accident attorneys of Abrahamson & Uiterwyk fight to protect the rights of the wrongfully injured, helping them get justice and financial compensation for their injuries and other damages. Types of Wrist Injuries You Might Suffer in a Car Accident Although a motor vehicle collision can cause virtually any type of injuries, wrist and hand injuries are some of the most common. Dislocations, sprains, fractures, and tendon damage are common. You could also experience nerve damage and other complications. Left untreated, these conditions can lead to permanent damage. You could be rendered unable to work or handle basic household or personal tasks. Next Steps to Take After a Collision If You Experience Wrist Pain After an accident, victims may not realize the extent of their injuries right away. Some injuries—especially internal and soft tissue damage—may not present with symptoms immediately. In addition, you might go into shock, which can also mask any pain or discomfort you would otherwise experience. It’s always best to seek medical attention at the scene of the accident or seek treatment immediately afterward. However, if you experience wrist or hand pain in the hours, days, or even weeks after an accident, consider the following steps. See an Orthopedic Physician Immediately after an accident, going to the ER or an urgent care facility can help ensure you get the treatment you need. If you develop pain later, however, see a specialist in the area of concern. For hand and wrist pain, that is likely to be an orthopedic doctor or surgeon. These treatment professionals have the knowledge and resources to thoroughly evaluate your condition and recommend the best course of treatment. If you don’t know an orthopedist, a personal injury attorney may be able to recommend one for you. Document Your Experience Whenever you are involved in an accident of any kind, it’s imperative to collect as much information as you can. On the scene, take photos and gather contact information from witnesses and other involved parties. Request the police report number from the officer on-scene, so you can easily obtain a copy later. Keep all receipts, medical treatment records, and any other documentation involved with your accident and the aftermath. Get a small, spiral-bound notebook and keep an ongoing record of your symptoms and how they affect your life. Together, these records will form the basis of your car accident injury claim. Talk to a Car Accident Attorney The sooner you can talk to a lawyer, the better. Having a lawyer onboard is highly effective for protecting your legal right to recover compensation. Your attorney can collect evidence and interview witnesses while the accident is still fresh in their memories. Waiting too long to pursue a claim may give the insurance company grounds for attempting to deny or undervalue your claim. What Is the Average Florida Car Accident Settlement for Wrist Injuries? Hand and wrist injuries can be complex to diagnose and difficult to treat. The nature of your injuries and how they may affect your life helps determine the potential value of your claim. However, because every accident is different, we can’t accurately estimate any average wrist injury settlement value. The best way to find out whether you have a viable claim is to consult an experienced attorney. The Florida injury accident lawyers at Abrahamson & Uiterwyk can evaluate the details of your case and recommend the best course of action. In most cases, we can reach a settlement agreement with the at-fault party’s insurance company. We have more than 30 years of experience. During that time, we have helped more than 20,000 clients and recovered more than $800 million in settlements and jury on their behalf. We provide a highly personalized level of service, helping us earn a wealth of praise and positive feedback from our clients. Contact a Florida Car Accident Attorney Today for Help The experienced and compassionate personal injury lawyers of Abrahamson & Uiterwyk will handle every aspect of your case. We take on the biggest insurance companies and fight to get you the outcome you deserve. Before you talk to the insurance company, provide a statement, or consider accepting any settlement officer, contact us to explore your options. For a free consultation, contact us today or call to speak to one of our Florida car accident lawyers about your case.

Compensation to Expect From Nerve Damage After a Car Accident

Nov 3, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Along with bringing financial and emotional stress, car accidents can leave a person severely injured. Injuries resulting from a car accident can vary greatly, including nerve damage. It is essential to understand what nerve damage is and how it can affect you. Thankfully, you have legal options. If you or a loved one has suffered nerve damage after a car accident, do not hesitate to contact a Florida car accident attorney. What Is the Nervous System? The nervous system plays a vital role in your body. This system is responsible for everything your body does, from controlling muscle movements to speaking. The nervous system is primarily composed of the brain and spinal cord. There are three main types of nerves in the body: Autonomic nerves: control heart rate, blood pressure, digestion, and other involuntary or partially voluntary bodily activities; Motor nerves: control every movement by sending signals from your brain down to your spinal cord and muscles; and Sensory nerves: located under skin and muscles, these nerves transmit information to your brain and spinal cord, allowing your brain to process feelings and sensations. Because the nervous system is so important, nerve damage can severely affect a person’s quality of life. What Is Nerve Damage? Nerve damage, or neuropathy, is often caused by stretching and pressure of the nerves or when an injury severs nerves completely. Nerve damage can occur for various reasons aside from accidents, including infection and exposure to toxins. Nerve damage can occur in multiple locations in the body, most commonly the back, neck, and extremities. Typical treatment for nerve damage can include medication, physical therapy, or surgery. After a car accident, seeking medical treatment is essential to determine whether you’ve sustained nerve damage and to start treatment right away. How a Car Accident Can Cause Nerve Damage Because car accidents can be dangerous and result in severe injuries, nerve damage occurs often. Typical causes of nerve damage in a car accident include: Whiplash; Lacerations; and Blunt-force trauma. The body can experience significant force and trauma in a car accident, resulting in nerve damage. However, this is not always immediately evident after a car accident. A doctor may be able to diagnose nerve damage even if you don’t feel it. Checking for nerve damage is another important reason to seek medical attention immediately after a car accident. Common Signs and Symptoms of Nerve Damage Nerve damage after a car accident can present itself in many different, unexpected ways. What you feel will all depend on the nerves affected and what kind they are. Common signs and symptoms associated with autonomic nerve damage include: Inability to feel chest pain, Dry eyes/mouth, Lightheadedness, Bladder dysfunction, and Sexual dysfunction. Signs and symptoms of motor nerve damage include: Weakness, Twitching, and Paralysis. Signs and symptoms of damage to the sensory nerves include: Numbness, Tingling, Pain, and A burning sensation. In some instances, a car accident victim may experience a mixture of symptoms, indicating damage to multiple types of nerves. It is crucial to discuss any signs and symptoms you are experiencing with your doctor to properly diagnose any nerve damage. What Compensation Can I Expect? If you’ve suffered nerve damage after a car accident, you may be entitled to compensation. The two kinds of damages you can seek are economic and non-economic damages. Economic damages are straightforward and quantifiable. They include compensation for: Medical bills, Lost wages, and Loss of earning ability. On the other hand, non-economic damages are a little more challenging to calculate. These include compensation for: Pain and suffering, Mental and emotional anguish, and Loss of enjoyment of life. These damages are for emotional losses and typically have with little to no supporting documentation. Luckily, your car accident attorney will calculate the damages available to you, fighting aggressively to get the compensation you deserve. Factors Affecting Compensation Certain factors may affect the amount of compensation you receive. Some of these factors include: The severity of the injury; Whether you share fault for the accident; The insurance company’s willingness to settle. Is a Lawyer Necessary? While no law requires anyone to have legal representation after a car accident, it is to your benefit to have a car accident attorney on your side. Car accident cases involving severe injuries like nerve damage can present challenges, but an attorney will know how to handle your case. Your attorney will: Conduct a thorough investigation; Gather evidence and documentation; Calculate damages; and Engage in settlement negotiations. Having an attorney will give you peace of mind and allow you to focus on your recovery, knowing your case is in the best hands. Get Your Accident Questions Answered Abrahamson & Uiterwyk has over 30 years of experience fighting for injured clients. We’ve had the pleasure of representing over 20,000 clients, working diligently to secure hundreds of millions of dollars in damages. Our team understands the hardship and frustration car accidents can cause, and we’re here to help you find a solution. We offer free case reviews. Contact us today, and let’s explore your legal options.

Am I Eligible for Compensation If I Experience PTSD After a Car Accident?

Nov 2, 2020 | Category: Articles & FAQ | By Erik Abrahamson

A car accident can result in not just physical injuries but mental and emotional damage as well. Car crashes, especially those involving high-speed impact or serious injury are stressful and trauma inducing. Sometimes, the stress responses your body produces to help you cope during a traumatic event continue once the event is over. This can result in post-traumatic stress disorder or PTSD. PTSD can interfere with your life just as much as physical injury. You may be eligible for compensation for PTSD after a car accident. What Is PTSD? When you witness an anxiety-inducing situation, your brain activates certain stress responses that are helpful in the particular situation. These responses, sometimes called fight or flight responses, include increased heart rate, feelings of anxiety, and hyper-alertness, including inability to sleep and focus. People suffering from PTSD continue to experience these symptoms long after the stressful event has passed. PTSD manifests differently in different people, but some common symptoms are: Panic attacks; Anxiety surrounding certain events, places, or situations; Desire to avoid social interaction; Recurring recollections of the stressful event; Depression; Feelings of hopelessness or inability to feel emotions; Hyper-alertness; Paranoia; and Sleep disturbance. If you were recently in a car accident and are experiencing any of these symptoms, you should seek medical attention as soon as possible. How PTSD Affects Your Car Accident Claim Several categories of car accident damages may account for the effects of PTSD on your life. Damages related to car accident PTSD might be included in damages awarded for pain and suffering. One of the most important things about the effect of PTSD on your car accident claim is that you should avoid settling too soon after the accident. Often, the full extent of your PTSD symptoms will not be apparent right away. Even if your symptoms have appeared at the time you agree to a settlement, you may not yet be aware of the extent of the effect these symptoms have on your life. The avoidance and depression caused by PTSD may affect your personal relationships in the long term even though the short term effects are not evident. How We Will Help with Your Case The attorneys at Abrahamson & Uiterwyk can help you pursue compensation for PTSD suffered after a car accident. The experienced personal injury lawyers at our firm know how to use medical treatment records and other supporting evidence to establish that PTSD caused you losses following your accident. We can also provide you with the negotiating leverage you need to avoid accepting an initial, inadequate settlement offer. Our attorneys have over 30 years of experience handling car accident cases. This includes extensive experience helping our clients obtain the compensation they deserve for PTSD after a car accident. Your case will be handed with compassion and professionalism from start to finish. Get Your Accident Questions Answered Contact Abrahamson & Uiterwyk to get all of your car accident questions answered. Our experienced attorneys and staff will discuss next steps and recommend the best course of action based on the details of your car accident. Call our office today to begin seeking the compensation you deserve for your car accident injuries, both physical and mental.

MRI After a Car Accident | Pros and Cons

Oct 13, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Depending on the severity of your injuries, you may need an MRI after a car accident. MRI stands for magnetic resonance imaging. It is a diagnostic test that allows doctors to see images of your non-bone matter. Not all injuries show on a negative x-ray. Injuries involving spinal discs won’t show on x-ray. Doctors need to order an MRI to diagnose your pain source. However, undergoing an MRI has pros and cons. If your injuries are severe enough to warrant an MRI, consider hiring a Florida auto accident attorney who can help. At Abrahamson & Uiterwyk, we have over 30 years of experience assisting Florida clients with their injury needs. We know the pros and cons of an MRI. We can help you understand exactly how an MRI works and whether it’s right for your situation. Types of Injuries That Are Common to Get an MRI For Because an MRI can show injuries not visible on x-rays, doctors may order one for pain complaints involving: Muscles, Joints, Sprains, Bones, Nerves, and Brain. Some of the most common injuries in a car accident that lead a doctor to order an MRI include, but are not limited to, herniated discs, torn ligaments or tendons, spinal cord compression, and traumatic brain injuries. MRIs can also diagnose many other health conditions that are not related to an auto accident, such as cancerous tumors, arthritis, stroke, and multiple sclerosis. How an MRI Works When you have an MRI, you lie down in a tube, which scans your body. You won’t feel any pain from the MRI test itself. However, you might experience some general discomfort because you’re required to stay still for an extended period of time. If you move during the scans, the images may be unusable. MRIs use magnets to look for diseased cells. Each of your body’s cells has a positive and negative pole. When you go for an MRI, the magnet looks at all the normal cells in your body. Diseased cells won’t line up like their healthy counterparts. The magnet allows radiofrequency waves to create an image that doctors can use to pinpoint what is causing your pain. When You Should Consider Getting an MRI Getting an MRI can be a critical step in correctly diagnosing your injuries. If you believe you have a spinal cord injury, neck or back injury, or if you suspect a brain injury, an MRI could help determine what is wrong and the extent of your injuries. The MRI will allow your medical providers to tailor treatment to the exact area of injury. If you have severe pain in your neck or back, or if you have a suspected head or brain injury, you need to insist on an MRI. Pain that radiates down your arm or leg suggests nerve involvement. Your MRI results can show whether your condition requires surgical intervention. If your injuries are severe enough for surgery, you could have permanent damage if you delay having it. Injuries like nerve compression are serious. If your injured spinal disc continues to push on that nerve, the damage may be irreversible. MRIs can also boost the value of your accident claim. Insurance companies typically don’t give much weight to soft tissue injuries. That is because most of these claims are subjective, allowing the adjuster to undervalue them or dismiss them entirely. If you have an MRI that shows nerve compression or a herniated disc, it forces the insurance company to acknowledge your injuries, as there is an objective medical diagnosis. When You May Not Want to Get an MRI One of the main disadvantages of an MRI is the cost. In many cases, it will cost a thousand dollars or more. Even if you have health insurance, you could have a high co-pay. If you are successful in your auto accident injury claim, your settlement should include compensation for your medical treatment, including the MRI costs. For most people, there is no medical risk of having an MRI. However, the strong magnetic field is problematic for some people. People who have surgical implants, especially those with iron or select types of steel, could have complications. Other magnetizable objects to disclose include a pacemaker, insulin pumps, endoscopy capsules, cochlear implants, etc. People with claustrophobia have problems getting an MRI. The tube can be a snug fit, and that only adds to the anxiety for some patients. MRI techs might try coping mechanisms like having you listen to music. There are also new open MRI machines that can help those with severe claustrophobia. However, these can be even more expensive and may have much longer wait times to get an appointment. How We Will Help with Your Case Hiring an attorney is crucial if you sustained injuries in a car accident caused by someone else’s negligence. Your potential settlement value is directly linked with the experience of your Florida auto accident attorney. At Abrahamson & Uiterwyk, we’ve recovered hundreds of millions of dollars for our clients. Some of these individual settlements were in the seven-figure range. We understand what makes a successful auto accident claim. When you retain us to represent you, we will immediately start an independent investigation. We will talk to witnesses, gather evidence, order your medical records, and more. We will handle all communications with the at-fault party’s insurance and negotiate your potential settlement. The insurance company can’t take advantage of your inexperience with the claims process when you have an attorney representing your interests. Insurance adjusters are notorious for undervaluing claims and wrongfully denying valid ones. We will hold the responsible party accountable and ensure the insurance adjuster extends a fair settlement offer. If they don’t, we are prepared to file a lawsuit on your behalf and work to resolve your claim during litigation. To learn more about how we can help, contact Abrahamson & Uiterwyk today to schedule an initial consultation with our experienced Florida car accident attorneys. Get Your Accident Questions Answered Understandably, prospective clients have numerous questions on MRIs...

What to Do If Involved in a Car Accident While Pregnant

Oct 13, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Being involved in a car accident is a terrifying experience, but it can be even worse if you’re pregnant. Even a minor fender bender can put your baby at risk. Do not make a mistake and assume if you’re in a car accident and pregnant that you don’t need to seek medical treatment. If you are injured, pursuing a claim can be complicated. Consider meeting with an experienced Florida car accident attorney who can explain what to expect and help you fight for the compensation you deserve. Why a Car Accident During Pregnancy Is Serious The potential blunt force of the impact and jolting motions can cause complications in your pregnancy. There is also the emotional stress that goes along with a car accident when pregnant. That added stress could also put your baby’s health at risk, which is why it’s imperative to try to stay calm. Many women don’t wear their seat belts correctly in an accident, which can increase the risk. The National Highway Traffic Safety Administration has a helpful infographic that shows you the right and wrong ways to wear a seat belt. You should not wear your lap belt over the top of your belly. It should be secured below your stomach, fitting snugly across your hips and pelvic bone. Your fetus can suffer damage even in situations where there is no physical contact. For example, a sudden stop creates a jarring motion that could result in fetal injuries, such a concussion. What to Do If You’re Pregnant and in a Car Accident Even if you don’t believe you’re injured, it’s imperative to see a doctor. There could be internal injuries that you can’t see or necessarily feel. Potential symptoms to watch for include: Vaginal spotting or bleeding; Increased vaginal discharge or leaking fluids; Pain in your abdomen; Fever or chills; Severe and constant headaches; Dizziness or fainting; Increased vomiting that isn’t attributed to morning sickness; Changes to your baby’s movements, both strength and frequency; and Painful or urgent need to urinate. You should call the police after a car accident during your pregnancy. Let the police know that you are pregnant and were just involved in an accident. If there is something seriously wrong, you will have emergency responders who are equipped to handle these situations. Statistics on Pregnancy and Car Accidents Driving while pregnant carries a unique set of risks. Researchers in Canada determined that there is a 42% increased risk to a pregnant woman in a car accident starting with the second trimester. According to a study conducted by the University of Michigan, 170,000 auto accidents in the United States each year involve pregnant women. If you’re in a 16-miles-per-hour frontal crash at 28 weeks, they estimate the risk of fetal injuries is 26% for drivers wearing their seat belt and 70% for drivers who are not. On average, 2.9% of pregnant women report suffering injuries in a car accident. Safe Ride 4 Kids compiled data from multiple studies and estimates there are anywhere from 300 to 5,000 fetal deaths from car accidents every year. Risks to a Baby If You’re in a Car Accident When Pregnant If you’re in a car accident and pregnant, there are numerous risks to your baby. Possible complications include: Hemorrhaging, Internal bleeding, Pre-term labor, Miscarriage, Uterine rupture, Coup and contrecoup injuries, and Birth defects. Your womb creates crucial protection for your baby. However, it can’t prevent all injuries. One of the biggest risks of a car accident is a placental abruption. This condition occurs when the placenta separates from your uterus. It deprives your baby of necessary nutrients, which could lead to problems with growth development. How We Will Help with Your Case Hiring a Florida car accident lawyer if you suffered injuries in a car accident when pregnant is imperative. You deserve someone on your side who can protect your rights and negotiate on your behalf. You should be monitoring your stress levels, not arguing with an insurance adjuster over the value of your claim. When you retain Abrahamson & Uiterwyk, we will be there for you every step of the way. Our primary goal is to help you get the compensation you deserve from the responsible party in a car accident. If someone else’s negligence resulted in harm to your unborn baby, let us help you hold them accountable. We will conduct a thorough investigation, gather all relevant evidence, and negotiate with the other driver’s insurance company. If necessary, we will also retain industry experts who can testify about liability or your injuries. We have over 30 years of experience and have recovered hundreds of millions of dollars on behalf of our clients. To learn more about how we can help, contact Abrahamson & Uiterwyk to schedule an initial consultation. Get Your Car Accident Questions Answered Pursuing a claim if you’re pregnant and in a car accident can be challenging. Understandably, prospective clients have a lot of questions about how the claims process works. What Types of Compensation Are Available If You’re Pregnant and in a Car Accident? The compensation you could receive for your claim will depend on your damages. You could receive reimbursement for your current and future medical expenses, lost wages, future loss of earnings, property damages, pain and suffering, permanent disability, and more. How Much Does It Cost to Retain an Attorney? Most personal injury lawyers work on a contingency basis. That means you won’t pay an hourly billing rate or any fees or costs up front. Should I Hire an Attorney Right After the Accident? Hiring an attorney immediately following the accident is the best course of action. The sooner you retain an attorney, the sooner we can start protecting your rights and gathering the necessary evidence to prove liability against the other party.

Soft Tissue Injury from a Car Accident

Oct 13, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Injuries from a car accident can vary depending on factors such as the type of vehicles involved, the crash severity, and the location of the impact on your car. Even seemingly minor impact accidents can leave you injured. Some of the most common injuries reported in a car accident are soft tissue. A soft tissue injury in a car accident can be serious, no matter how much the other driver’s insurance company tells you it’s not. Because insurance companies typically undervalue and downplay a soft tissue injury after a car accident, you need an experienced Florida auto accident attorney on your side. Common Ways to Suffer Soft Tissue Injuries Many prospective clients have questions, including, what is soft tissue injury in a car accident? Soft tissue injuries refer to your muscles, tendons, and ligaments, whereas your bones are hard tissue. Soft tissue damage after a car accident is common because the sudden force can cause ligaments, muscles, and tendons to move beyond their normal range. Insurance adjusters tend to dismiss all soft tissue injuries as being minor and therefore undervalue these claims. Some of the most common soft tissue injury claims we represent clients for include: Sprains and strains, Whiplash, Compressed nerve, Contusions, Rotator cuff tear, Hernia, and ACL tear. If you sustained soft tissue injuries in a car accident caused by another person’s negligence, you have the right to bring a claim for your damages. Don’t let an insurance adjuster tell you that you don’t have a claim because you sustained only soft tissue damage. Car accident settlements can definitely include reimbursement for your soft tissue injuries. Symptoms of Soft Tissue Injuries Soft tissue injuries aren’t always apparent at the accident scene. Some of these develop over a couple of days. Potential symptoms to watch for after a car accident include: Back pain; Neck pain and stiffness; Skin discoloration; Inflammation in your affected body part; Pain when moving your affected body part; Swelling; Sudden onset of pain; A burning sensation that travels down your arm or leg; Inability to put weight on a joint; and Cognitive issues, including difficulty concentrating or remembering things. Some soft tissue injuries will heal on their own with minimal medical intervention. However, other injuries could require extensive rehabilitation and even surgical intervention. What to Do If You Think You Have a Soft Tissue Injury If you suspect you have a soft tissue injury, you need to schedule a medical appointment right away. It’s crucial to seek treatment following an accident, even if you don’t think you are injured. Sometimes, there could be internal injuries that you can’t visibly see or feel. It’s essential to follow all orders your doctors give you. Otherwise, you can cause additional harm, and the at-fault driver’s insurance company will use this to reduce your case value. Is There an Average Settlement for Soft Tissue Injuries? No, there is no average settlement amount for soft tissue injury claims. Every car accident is unique, as are your injuries. Someone who suffered a concussion will likely have a higher settlement than someone else who suffered only a minor back strain that healed in several weeks. What Factors Affect My Settlement? Multiple factors can affect your potential soft tissue injury car accident settlement. While most soft tissue cases resolve before a lawsuit is filed, some claims will wind up in litigation. Some of the most influential factors in a soft tissue injury case include: The severity of your injuries; The length of time it took for you to recover and whether there are long-term effects or a permanent disability; The impact of your injuries on your career; The percentage of your own negligence that contributed to the accident; , if any; The amount of pain and suffering you experienced; and Another critical factor in determining your potential settlement amount is the evidence you’ve collected. Because soft tissue injuries are often harder to prove, you must have as much evidence as possible. For example, scene photos that show the vehicle damage and surrounding area can be critical evidence. It would be best if you also kept a pain journal after the accident. It’s easier to go back and discuss how the accident impacted your life when you can recount specific episodes and problems you encountered. If your case winds up in litigation, it could be a months before you give a deposition. You can review your pain journal and refresh your memory if necessary, before testifying. Does Hiring an Attorney Increase My Settlement Amount? In most cases, hiring an attorney will increase your potential settlement amount. Insurance companies notoriously undervalue or wrongfully deny claims when you don’t have legal representation. Having an attorney on your side is essential. That will keep the insurance company from taking advantage of your inexperience. You want someone who can protect your rights and negotiate for the maximum amount of compensation possible. How We Will Help with Your Case When you retain Abrahamson & Uiterwyk to represent you for a soft tissue injury in a car accident, we will conduct an independent investigation. We will gather all the necessary evidence, your medical records, bills, and confirmation of your missed time from work. If your case warrants it, we will retain industry experts who can testify in your case. Potential experts may include an accident reconstructionist who can testify on liability or a medical doctor who can confirm that your soft tissue injuries required the treatment you received. If your case doesn’t resolve through negotiations, we are prepared to file a lawsuit and take your case to trial if necessary. We have over 30 years of experience fighting for our clients and have recovered hundreds of millions of dollars in compensation. Let us put our trial experience and knowledge to work for you. Contact Abrahamson & Uiterwyk today to schedule an initial consultation. Get Your Accident Questions Answered Understandably, prospective clients have a lot of questions when they meet with us. Here are answers to some of the most common...

Abrahamson & Uiterwyk Announces Their July 2020 Distracted Driving Runner Up

Oct 1, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Mason Ashford is one of our 2020 distracted driving essay runner ups. Mason is a student at Florida State University. Here is her essay: Admit it to Quit it Like anyone in the 21st century I am no stranger to distracted driving. Not only do I constantly see others doing it around me, I am a culprit of it myself. Most people think that distracted driving only entails directly looking at your phone while driving. But it can be so much more than that. It can include talking on the phone, texting without looking, talking with other people in the car, eating while driving etc. Distracted driving is anytime you are not one hundred percent focused on the task of driving. It only takes a split second of distraction to result in serious injury or even death. I have a fairly long drive from home in Atlanta to Florida State University. This drive by myself can get boring and I often find myself becoming a distracted driver the longer I drive. This usually comes in the form of eating while behind the wheel. It may not seem like that big of a deal, but it does require me to take one sometimes even two hands off the wheel just to eat. A lot of times I’ll get foods that can actually be quite messy and are hard to eat in general but especially while driving. This element gives just another factor of distraction to my driving. Unfortunately, I have been in a few close calls where I almost caused an accident with someone else or just with myself by riding too close to the edge of the road. These moments in time seem to slow down and they are real wake up calls for me. Anyone who has ever been in an accident or close to being in one understands the terror that runs through you. My biggest change to this bad habit will be strategizing my drive to include time to STOP and eat. If I plan for an extra 15 to 20 minutes into my drive to stop somewhere and eat in the parking lot, I am not losing time on my ETA and I am keeping myself and others on the road safe. I think I often get stuck in the mindset that I need to get to my destination as quick as possible. This can be a very dangerous mindset while driving a two-ton vehicle. This means eating while driving because I think it might save me an extra 15 minutes. In reality saving those 15 minutes is not worth risking my life or the lives around me. Another way I often find myself being a distracted driver is when I am driving my friends in the car. We often like to play our favorite songs at a loud volume and sing our hearts out. In the moment it can be a lot of fun to do that with my friends and it almost feels freeing. But it also means that I am focusing on the lyrics in the song and having fun more than I am about driving a car. It is way too easy to get lost in the fun of the moment and not realize the reality of what is happening in front of you. I am in the marching band at FSU so for me music is and always has been an important aspect of my life. I like the way music makes me feel and I like sharing music with my friends. Given the nature of Bluetooth and AUX the sharing of this music is often done during car rides. I would be lying if I said I had not typed out a song I desperately wanted my friends to listen to while I drive. The way I would solve the first issue is to just turn the music down so that I am still able to easily focus on the drive. If anyone complains and wants to turn the music up I just have to be firm and say “I am the driver, I decide how loud the music gets to be played so that I can keep us safe”. To solve the second issue is far simpler. If there is a song I want to share with friends I can either put it in the queue before I start driving or I can tell my friend the name of the song so that they can type it for me. There is no need for me to be touching the phone at all in this situation. These situations are even more important to me than when I am in the car alone. The reason being is my friends mean everything to me and I would never want to be the cause of their hurt or death. Whether I like it or not, when I am behind the wheel, I am responsible for everyone in that car. I must be safe for them. The older I get the more I seem to drive and the longer the drives tend to me. I also tend to think less about my driving the more I drive. I think this is very common. You almost get to a point where you are too comfortable behind the wheel and you forget just how dangerous driving by itself is. So why make it even more dangerous by being a distracted driver?

Abrahamson & Uiterwyk Announces Their July 2020 Distracted Driving Essay Winner

Oct 1, 2020 | Category: Articles & FAQ | By Erik Abrahamson

Christopher Francis is our 2020 distracted driving essay winner. Christopher is a student at the Seminole State College of Florida. Here is the winning essay: My Friends Could Be the End of Me As a 20-year-old black man in college, I deal with multiple pressures in life. I must deal with pressures such as: going to school full time, doing internships, being financially intelligent, taking care of my parents, taking care of the house, being recognized and taken seriously by American society, and other things in life that young adults might have to deal with. However, because I take life seriously and try to be the best version of myself when it comes to school and other priorities, I make sure to make time for my friends (whom I love sincerely). Even though I take life seriously in other areas, I realize that I do not take my life as serious when it comes to me putting my friends before myself, especially when I drive. Therefore, my friends are a huge distraction when I am a driver. When I first got my driver’s license as a junior in high school, my parents knew that the biggest fear that they had with me driving was me going out and driving with my friends. I was the first person in my friend group with a license and a vehicle, so that meant that I would be everyone’s very own free personal Uber. When I first got my vehicle (which was a hand-me-down 2004 Dodge Ram pickup truck), I did not think about gas or other limitations, I just wanted my freedom and ability to go places with my friends. Because my parents knew how much I could not wait to do stupid stuff with my friends, they first enrolled me into a “Defensive Driving” class so that I could understand the seriousness of driving and how to be an aware, safe driver. So, I took the class and had to deal with scenarios on what it feels like to drive drunk, spin out of control, must make an emergency stop, deal with an obnoxious passenger, and other things, and I passed easily. My parents were happy with how serious I took the driving test, so they set me loose and I was out driving on my own. Even though I passed that driving course, I still was unprepared to drive with my friends. My first guilty habit is using my phone while driving. Rather it is being on a phone call, texting, snapchatting, or facetiming, whenever my friends needed me to use my phone while driving, I would readily pick it up and use it while I am on the road. I would feel like I got the hang of driving and that it would get boring by only staring at the road the whole time, so I needed my phone to spice things up. My second guilty habit is that when I am in the car with my friends, we tend to blast loud music and just be focused in our conversation rather than the road. My friends are fun people to be around, so we like to bang loud music or talk loud and sometimes it is hard to hear stuff around us or it can be hard for me to just focus on driving in general. Lastly, I have had experiences with friends in which I was the driver, but they got drunk and I ended up having to be the Uber and babysitter at the same time. One thing I will never do is drink and drive, so I am usually always the designated driver if me and my friends go to a party, but that tends to also mean that I have to get them home safely and make sure they are fine during the car ride, even when they are throwing up all over the place or are just being really obnoxious. I realized that I would endure anything with my friends, but them being a distraction while driving is not something to take likely. I have heard of many sad stories in which young drivers have died from distracted driving from bad habits that I have done myself but am lucky enough to be able to recognize and fix. Throughout the years, I have put my phone on “Do Not Disturb” mode while I drive, I rarely blast my music at all in my car, and I go to less parties so that I do not have to deal with distracting, drunk passengers, which are strategies that I have enjoyed and have enabled me to become a safer driver. I love my friends to death, but I never would want them to be the death of me, so I have tried to put an end to my distracted driving habits and hope to influence others to do the same!

What to Do After a Slip and Fall in a Parking Lot

Sep 29, 2020 | Category: Articles & FAQ | By Erik Abrahamson

This article attempts to explain what to do if you suffered a slip and fall in a parking lot. The aftermath of a slip and fall accident in Florida can be a painful and emotional experience. While a slip and fall itself can occur in seconds, the effects can be lasting. A slip and fall accident can occur anywhere at any time, but parking lots are one of the most common locations where slip and fall accidents occur. So, what do you do if you or a loved one has been involved in a slip and fall in a parking lot? The good news is that you have rights, and there are ways for you to recover. The slip and fall attorneys at Abrahamson & Uiterwyk have the knowledge and experience necessary to fight for your rights. We are here to help you navigate the process and get through this difficult time, so contact us today to discuss your case and see what we can do for you. Parking Lot Slip and Falls: An Overview If you slip and fall in a parking lot, a lawsuit might become necessary. But before even getting to the point of filing your lawsuit, there are certain steps you should take. Important Steps to Take After a Slip and Fall in a Parking Lot If you have never sustained injuries in a slip and fall accident before, you may not know how to move forward. However, knowing what steps to take after you slip and fall in a parking lot can be crucial to your recovery. In fact, failure to take proper actions after your accident can sometimes diminish your rights and ability to recover moving forward. Below are three important steps you should always take after your slip and fall accident. Step 1: Seek Prompt Medical Attention The first and often most important step after any slip and fall accident is to seek immediate medical attention. Your well-being is the main priority, and diagnosis can be crucial. Failure to promptly diagnose and treat any injuries that may exist can lead to even greater harm and can lengthen your recovery process. Even if you don’t feel or notice any injuries immediately after your fall, it is still imperative that you visit a medical professional to confirm that no injuries exist. Often, injury victims will not notice any physical pain due to adrenaline after their accident. Thus, you should always seek medical attention as soon as practicable. Step 2: Collect Evidence at the Scene As long as you are not too injured to do so, you should try to collect as much information as possible at the scene of the accident. Sometimes, some of the best evidence will be available right at the scene of the accident. A simple way to do this is to take photographs on with your phone. Take photographs of the exact accident location, the surrounding area, your injuries, damage to any of your personal items, and anything else you think may be related to your fall or injury. Other information you may be able to gather at the scene might include: The address of the location in which you fell; Contact information for any representatives of the business whose parking lot you fell; and Contact information and statements from any people who may have witnessed your accident. The more evidence and information you have regarding your slip and fall accident, the easier it will be to prove your case. Thus, always try to gather as much information as you can. Step 3: Contact a Slip and Fall Injury Attorney After seeking treatment for any possible injuries, you should reach out to an attorney to discuss your case. Most attorneys will offer a free case evaluation, so it is almost always in your best interest to at least have an initial consultation. Having an experienced injury attorney in your corner can be a great asset to your slip and fall parking lot lawsuit. Accident victims who don’t understand the legal process will frequently make small, avoidable mistakes that have the potential to limit their recovery. But attorneys who practice personal injury cases for a living have an in-depth understanding of the law. Thus, attorneys can help you avoid those mistakes and ultimately fight to maximize your recovery. How Will We Help with Your Case? Abrahamson & Uiterwyk is an experienced personal injury law firm well-equipped to handle your slip and fall case. We have been helping injury victims for over 30 years, and we hope we can do the same for you. Our slip and fall attorneys will provide you with an initial assessment of your case. Further, we will conduct a thorough investigation to determine what compensation you may be entitled to. We will aggressively negotiate with insurance companies and opposing parties to fight for your rights. And lastly, we will never be afraid to take your case to trial if that is what your case requires. Abrahamson & Uiterwyk’s slip and fall attorneys have represented over 20,000 injury victims throughout Florida. Our team of attorneys will fight aggressively for your rights and do everything we can to help you get the compensation you need to recover. Contact us today to get started, set up your free case review, and see what our firm can do for you. Get Your Slip and Fall Questions Answered We know how difficult this time must be for you. That’s why we’ve answered some frequently asked questions to help you get the answers you need. How Much Will It Cost to Hire an Attorney? At Abrahamson & Uiterwyk, we offer a no-fee guarantee. We do this to lessen the financial burden on clients who need representation. This means that when you hire us, you will not pay any legal fees or costs unless and until we win your case. Is There an Average Slip and Fall Accident Settlement? No, there is no “average” settlement for a Florida slip and fall accident settlement. However, there...

Understanding Traumatic Brain Injuries

Sep 13, 2020 | Category: Brain Injury | By Erik Abrahamson

A traumatic brain injury (TBI) is devastating and can have life-long effects on an individual and his or her loved ones. According to the Center for Disease Control (CDC), TBIs contribute to 30% of all injury deaths. Every day in the United States, 153 people die from injuries that include TBI. A TBI can affect anyone at any time. If you’re dealing with a TBI or helping to care for a loved one who is suffering from one, then you know first-hand the physical, psychological, and social effects such an injury can have. If you or someone you love has suffered a brain injury from an accident, you may be entitled to compensation. Please don’t hesitate to call our personal injury attorneys at 1-800-538-4878 for assistance. What is a Traumatic Brain Injury? A traumatic brain injury is caused by a bump, blow, or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all bumps, blows, or jolts cause a TBI. The severity of a TBI can range from “mild” (which may include a brief change in mental status or consciousness) to “severe” (which may constitute a sustained loss of consciousness or memory loss). Most TBIs are mild and are commonly known as concussions. What are the Common Types of Traumatic Brain Injury? In addition to the severity of a TBI, the type of TBI can make a difference in a person’s recovery and long-term prognosis. Common types of TBIs include: Concussion—This injury is a common result of a blow to the head or rapid deceleration. A concussion typically causes an altered mental state, either temporary or prolonged. Coup-contrecoup–Bruising or damage to the brain tissue caused by the violent slamming of the skull that causes injury either to the impact side or on the opposite side of where the blow was struck. Diffuse Axonal Injury—Similar to a concussion but more serious. Occurs when the brain moves so rapidly that the brain stem can’t keep up causing tears in the connection to the brain. Hematoma-The rupture of a blood vessel leading to the collection of blood in brain tissue or open spaces. Penetrating head injury-Occurs when an object, such as a sharp instrument or a bullet, breaks through the skull bone and rips through the brain tissue. Skull fracture-Fracture of the bones surrounding the brain. What are Common Causes of a Traumatic Brain Injury? TBIs can be caused by a number of different situations, but according to the CDC, the most common causes of TBIs are: Falls, Being struck by or against an object, Motor vehicle crashes, Assault, and Intentional self-harm Who is at Risk for a Traumatic Brain Injury? Every American has a 1:160 chance of sustaining a TBI each year. Men are twice as likely as women to sustain a TBI. Children under 5 years old, teenagers, and the elderly are the three groups who are at the highest risk. Contact a Trusted Brain Injury Attorney If you or a loved one has sustained a traumatic brain injury as the result of someone’s negligence, you should have an experienced brain injury lawyer evaluate your case. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-538-4878 to schedule your free consultation.

Five-Vehicle Crash on I-4 Leaves Two Dead, Three Injured

Aug 5, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Polk County, FL (8/1/2020) – Two people died and three others were injured after being involved in a five-vehicle crash on I-4 Friday morning. The accident occurred at 10:03 a.m. in the westbound lanes of the interstate at mile marker 33. According to the Florida Highway Patrol, a 22-year-old man from Lakeland was driving his sedan west on the interstate when he drifted out of his lane and crashed into a tractor-trailer driven by a 56-year-old man from Ontario, Canada. The impact caused the sedan to run into a cable barrier in the center median and enter the eastbound lanes of the interstate. A 37-year-old man from Orlando driving east then slammed head-on into the sedan. After the impact, a 25-year-old woman from Estero hit the car of the Orlando man, causing it to overturn onto the shoulder of the road. Another tractor-trailer driven by a 57-year-old man from Tampa then hit the sedan of the Lakeland man before crashing into a fence. Police say that the Orlando man and his passenger, a 37-year-old woman from Davenport, died from their injuries. The man from Lakeland suffered serious injuries, while the Estero woman and the Tampa man only received minor injuries. Investigators are still trying to determine the cause of the accident. Contact an Experienced Car Accident Lawyer in Florida Our hearts go out to all of those impacted by this tragedy. Car accidents like this one occur far too often in Florida. It’s essential that car accidents be thoroughly investigated so that the cause of the collision can be understood, and the responsible party can be identified and, if warranted, held accountable. Abrahamson & Uiterwyk is committed to advocating for individuals and families impacted by serious accidents, including car accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If you or a loved one has been impacted by a personal injury accident, we invite you to contact our firm anytime to discuss your case with a qualified car accident attorney. Note: This post utilizes secondary sources independent of Abrahamson & Uiterwyk. The information used from these sources is not independently confirmed by our staff. If anything in this post is incorrect, please contact us and we will correct the inaccurate information or remove the post. If you are a family member of someone impacted by this accident and would like us to remove their name from this story simply click here. Source: Tampa Bay Reporter

Crash Involving a Semi-Truck and a Sports Car Leaves One Person Dead

Aug 3, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Tampa, FL (7/29/2020) – A man from Land O’ Lakes was killed Wednesday morning after semi-truck ran into his car at a traffic stop. The crash occurred at 2:20 a.m. on East Hillsborough Avenue, just west of Harney Road. The Florida Highway Patrol says that the 49-year-old man was driving his car west and was stopped at a red light near the NetPark Tampa Bay campus. Then a semi-truck, driven by a 28-year-old man from Texas, failed to stop and slammed into the back of the car. Both of the vehicles eventually came to a rest in the median. The driver of the car died at the scene of the accident, while the truck driver only suffered minor injuries. Troopers are still investigating the cause of the crash. So far, no charges have been filed against the truck driver. Contact an Experienced Car Accident Lawyer in Florida Our hearts go out to all of those impacted by this tragedy. Car accidents like this one occur far too often in Florida. It’s essential that car accidents be thoroughly investigated so that the cause of the collision can be understood, and the responsible party can be identified and, if warranted, held accountable. Abrahamson & Uiterwyk is committed to advocating for individuals and families impacted by serious accidents, including car accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If you or a loved one has been impacted by a personal injury accident, we invite you to contact our firm anytime to discuss your case with a qualified car accident attorney. Note: This post utilizes secondary sources independent of Abrahamson & Uiterwyk. The information used from these sources is not independently confirmed by our staff. If anything in this post is incorrect, please contact us and we will correct the inaccurate information or remove the post. If you are a family member of someone impacted by this accident and would like us to remove their name from this story simply click here. Sources: WFLA, Tampa Bay Times

Pedestrian Hit and Killed in St. Petersburg While Crossing 4th Street

Jul 27, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

St. Petersburg, FL (7/22/2020) – A man was killed Tuesday night after being hit by a car while crossing 4th Street. The accident occurred around 9:20 p.m. on 4th Street North just south of 11th Avenue North. According to the St. Petersburg Police Department, 40-year-old Michael J. Still was crossing the road when he was struck by BMW driving south on 4th Street. Still died at the scene of the accident. The driver of the BMW stopped and is cooperating with investigators. So far, police do not suspect impairment as a factor in the crash. All lanes on 4th Street North between 9th Avenue and 11th Avenue North were closed for a few hours while police worked the scene. The crash is still under investigation. Experienced Pedestrian Accident Attorneys in Florida Our hearts go out to all those affected by this tragedy. Pedestrian accidents like this one occur far too often in Florida. Police must investigate fatal pedestrian accidents to understand the cause of the crash. The responsible party can then be identified and, if warranted, held accountable. Abrahamson & Uiterwyk commits to advocating for individuals and families affected by severe and even fatal accidents, including pedestrian accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If a personal injury accident has affected you or a loved one, we invite you to contact our firm anytime to discuss your case with a qualified St Petersburg, FL personal injury attorney. Note: If you are a family member of someone impacted by this accident and would like us to remove their name from this story, simply click here. Source: CW44

Couple from Safety Harbor Critically Injured in Crash With a Tractor-Trailer

Jul 23, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Tampa, FL (7/21/2020) – A man and a woman from Safety Harbor are in critical condition after crashing into a tractor-trailer on Monday morning. The accident happened around 4:50 a.m. on I-275. The Florida Highway Patrol states that a 48-year-old man from Tampa was driving north on the interstate when he attempted to make an improper U-turn, causing the couple from Safety Harbor to crash into the trailer with their van. The victims, both 55 years old, were taken to the hospital with critical injuries. The FHP cited the truck driver for an improper turn. So far, no other charges have been filed. Contact an Experienced Car Accident Lawyer in Florida Our hearts go out to all of those impacted by this tragedy. Car accidents like this one occur far too often in Florida. It’s essential that car accidents be thoroughly investigated so that the cause of the collision can be understood, and the responsible party can be identified and, if warranted, held accountable. Abrahamson & Uiterwyk is committed to advocating for individuals and families impacted by serious accidents, including car accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If you or a loved one has been impacted by a personal injury accident, we invite you to contact our firm anytime to discuss your case with a qualified car accident attorney. Note: This post utilizes secondary sources independent of Abrahamson & Uiterwyk. The information used from these sources is not independently confirmed by our staff. If anything in this post is incorrect, please contact us and we will correct the inaccurate information or remove the post. If you are a family member of someone impacted by this accident and would like us to remove their name from this story simply click here. Source: Patch.com

Motorcyclist from Spring Hill Killed in Crash on US 19

Jul 22, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

New Port Richey, FL (7/20/2020) – A man from Spring Hill, FL died Sunday morning after crashing into stopped traffic on US 19. The accident occurred around 10:30 a.m. in the northbound lanes of US 19 just north of Beacon Woods Drive. The Florida Highway Patrol states that the 61-year-old victim, who has not been identified, was heading north US 19 when he rear-ended a stationary pickup truck driven by a 19-year-old New Port Richey resident. The man was ejected from his motorcycle and was not wearing a helmet at the time of the crash. He died at the scene of the accident. According to troopers, the pickup truck was stopped at a red light at the intersection. It is unclear why the victim failed to stop. Experienced Motorcycle Accident Attorneys in Spring Hill, Florida Our hearts go out to all those affected by this tragedy. Motorcycle accidents like this one occur far too often in Florida. Police must investigate fatal motorcycle accidents to understand the cause of the crash. The responsible party can then be identified and, if warranted, held accountable. Abrahamson & Uiterwyk commits to advocating for individuals and families affected by severe and even fatal accidents, including motorcycle accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If a motorcycle injury accident in Florida has affected you or a loved one, we invite you to contact our firm anytime to discuss your case with a qualified New Port Richey, FL motorcycle accident attorney or a Spring Hill motorcycle crash lawyer. Note: If you are a family member of someone impacted by this accident and would like us to remove their name from this story, simply click here. Sources: Tampa Bay Reporter, Patch.com

Crash on Seminole Boulevard Leaves One Pedestrian Dead

Jul 16, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Largo, FL (7/15/2020) – A pedestrian died Tuesday night after stepping out in front of a car in Largo. The accident happened around 10:00 p.m. on Seminole Boulevard just south of 124th Avenue. According to the Florida Highway Patrol, the 33-year-old man from New Port Richey stepped out into the southbound lanes of Seminole Boulevard and was hit by a car. The 25-year-old man driving the sedan, who has not been identified, was from Clearwater. Police are still trying to figure out why the man stepped out into the road. The crash is still under investigation. Experienced Pedestrian Accident Attorneys in Florida Our hearts go out to all those affected by this tragedy. Pedestrian accidents like this one occur far too often in Florida. Police must investigate fatal pedestrian accidents to understand the cause of the crash. The responsible party can then be identified and, if warranted, held accountable. Abrahamson & Uiterwyk commits to advocating for individuals and families affected by severe and even fatal accidents, including pedestrian accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If a personal injury accident has affected you or a loved one, we invite you to contact our firm anytime to discuss your case with a experienced personal injury attorney in Tampa, FL. Note: If you are a family member of someone impacted by this accident and would like us to remove their name from this story, simply click here. Source: Tampa Bay Newspapers

Tampa Police Investigating a Fatal Hit-and-Run Involving a Motorcyclist

Jul 16, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Tampa, FL (7/14/2020) – Tampa Police are investigating a hit-and-run that left a motorcyclist dead Tuesday night. The crash occurred around 6:00 p.m. on the Selmon Expressway at North 21st Street. The southbound lanes of North 21st Street were closed for several hours while investigators worked the scene. So far, no other information has been provided. To keep up with this developing story, click here. Experienced Motorcycle Accident Attorneys in Florida Our hearts go out to all those affected by this tragedy. Motorcycle accidents like this one occur far too often in Florida. Police must investigate fatal motorcycle accidents to understand the cause of the crash. The responsible party can then be identified and, if warranted, held accountable. Abrahamson & Uiterwyk commits to advocating for individuals and families affected by severe and even fatal accidents, including motorcycle accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If a personal injury accident has affected you or a loved one, we invite you to contact our firm anytime to discuss your case with a experienced Florida motorcycle accident attorney. Note: If you are a family member of someone impacted by this accident and would like us to remove their name from this story, simply click here. Sources: WFLA, IONTB

Car Accident Injuries – Ankle & Foot Injuries

Jun 30, 2020 | Category: Car Accidents | By Erik Abrahamson

Are you experiencing an ankle or foot injury after a car accident? In this post you will learn about the most common causes of these and the next steps you can take. If you are in a car accident, there are many possible injuries that could happen as a result. However, ankle and foot injuries are extremely common because of the mechanics of the car accident itself. If you have been in a car accident and have experienced an injury such as this, it may be worth considering legal help. If the accident was not your fault, you should not have to pay for your injuries. How Common Are Car Accident Ankle and Foot Injuries? Although people tend to focus on head and neck injuries more, according to the National Highway Traffic Safety Administration (NHTSA), damages to the feet, knees, and ankles are the second most common class of injuries that happen in car accidents. It is very common for the ankle to be injured when the foot is pressured between the pedals. Fractures in this area will interfere with your mobility and are often accompanied by strains and sprains. These types of injuries occur in a whopping 76% of frontal car crashes, as well as 13% of side-impact car crashes and 8% of rollover car crashes. Don’t Ignore Ankle and Foot Pain After an Accident Your ankle is essentially the union of the tibia and fibula of your lower leg with the talus of your foot. All of these components of your anatomy are held together by ligaments, a type of tissue that helps keep the bones in place and anchor them when you are moving your ankle. Tendons serve to attach bones to muscles and also assist in movement of the foot and ankle. If you happen to experience any pain in this area after a car accident, make sure that you do not ignore it. If you ignore it, this could end up creating lasting negative consequences for your mobility. Car accidents tend to be very tough on the lower extremities, especially for the person who was driving the vehicle. How Injuries Can Occur If you are driving a vehicle, your knees are usually only a couple of inches away from the pedals, steering wheel, and dashboard. In the situation of a car accident, the legs of a driver or passenger could potentially buckle under the dashboard upon collision, which could lead to injuries of the lower leg. Even if the impact is relatively low in terms of speed, a huge amount of force could be exerted. Even a low impact is too much for most people’s ankles and feet. There are 60 different bones in the knees, feet, and ankles that could potentially be injured in a car accident. In the human ankle and foot alone, there are 26 separate bones. Also, it is not only the bones that you have to worry about. There are also all sorts of muscles, tendons, ligaments, and other soft tissues that could potentially be injured. These tissues are there to provide support, hold the rest of the anatomy together, and give the person the ability to move around and flexibility. As such, if these tissues are injured, the person could be seriously impaired. When a car crash happens, the majority of people will bang their feet on the floor. This is a reflex because they are basically bracing themselves for the impact. However, this reflex ends up making a foot or ankle injury much more likely, to be able to tear or stretch the soft tissues or even fracture the bones. Most Common Ankle and Foot Injuries During an Accident There are certain injuries that are more common than others in the ankles and feet when it comes to car crashes. Perhaps the most common type of injury in the situation is a fracture, which is a broken bone. This typically happens in both head-on and rear-end collisions. Foot fractures are particularly common because of the reflex that most people have to extend their feet when they are bracing for the impending impact of a crash. Additionally, sprains and strains are very common. A sprain basically involves either tearing or stretching of ligaments, and a strain basically entails the tearing or stretching of tendons or muscles. Sprains are more likely to occur when ligaments have been flexed past their normal range, while strains tend to happen when muscles are suddenly stretched and then contracted suddenly. The components of soft tissue around the feet and ankles are vulnerable to these types of injuries in a car collision. Your Injury After an Accident Whether you end up breaking a bone or pulling a tendon in the foot or ankle, this will likely impair you in your day-to-day life for a while after the accident. The feet are an essential part of human anatomy because you need them to move around. If you are unable to move around the same way that you were before your accident, this could result in a variety of financial losses, most commonly having to take time off of work that does not always end up being paid. Because foot and ankle injuries are so common during car accidents, many people end up with a lower ability to function after a car accident. If you have found yourself in the situation, it is important that you make sure that you are not paying any more than you legally need to pay in the situation. If you have experienced any of these types of injuries as a result of a car accident, you will likely have medical bills. If you were not at fault in the accident, you should not have to pay these bills or have to suffer the other losses that will come with the injury. Foot and ankle injuries can significantly impair a person, including causing them to be less mobile for a long period of time and even causing them to lose money because...

Dunedin Motorcyclist Dies After Truck Turns in Front of Him

Jun 24, 2020 | Category: Tampa + Florida Accident News | By Erik Abrahamson

Dunedin, FL (6/23/2020) – A motorcyclist was killed Monday morning when a truck turned in front of him and collided with his motorcycle. The accident happened around 9:45 a.m. at 1750 Main Street in Dunedin. According to the Pinellas County Sheriff’s Office, 38-year-old Josue Vega-Rodriguez was driving his Harley Davidson west on Main Street when an eastbound Ram 2500, driven by 79-year-old Larry Smith, attempted to make a left-hand turn in front of him to enter a parking lot. Vega-Rodriguez survived the initial impact but later died at Northside Hospital. Investigators are still trying to determine the cause of the crash. So far, no charges have been filed against Smith, who police say did not appear to be impaired. Experienced Motorcycle Accident Attorneys in Florida Our hearts go out to all those affected by this tragedy. Motorcycle accidents like this one occur far too often in Florida. Police must investigate fatal motorcycle accidents to understand the cause of the crash. The responsible party can then be identified and, if warranted, held accountable. Abrahamson & Uiterwyk commits to advocating for individuals and families affected by severe and even fatal accidents, including motorcycle accidents. Here on our accident news blog, we report on stories that involve personal injuries because we help our clients recover losses and damages from accidents like this one. If a personal injury accident has affected you or a loved one, we invite you to contact our firm anytime to discuss your case with an experienced Tampa, Florida motorcycle accident attorney. Note: If you are a family member of someone impacted by this accident and would like us to remove their name from this story, simply click here. Source: Tampa Bay Times

Tampa Injury Lawyers
(Downtown Office) *

Tampa Injury Lawyers (Carrollwood/Citrus Park Office) *

Brandon Injury Lawyers *

Clearwater Injury Lawyers *

St. Petersburg Injury Lawyers *

New Port Richey Injury Lawyers *

Largo Injury Lawyers +

Pinellas Park Injury Lawyers +

Palm Harbor Injury Lawyers +

Spring Hill Injury Lawyers +

Lakeland Injury Lawyers +

Kissimmee Injury Lawyers ~

Orlando Injury Lawyers ~

Ocala Injury Lawyers ~

The Villages Injury Lawyers ~

Bradenton Injury Lawyers ~

Port Charlotte Injury Lawyers ~

Ft. Myers Injury Lawyers ~

Naples Injury Lawyers ~

Email us for a free and immediate case evaluation.