4 Nursing Home Abuse Tips
Has a loved one of yours been abused while under care in a nursing home? Check out these 4 nursing home abuse tips, then give our Florida lawyers a call now.
1. Nursing Home Abuse Case Timeline
Resolving a nursing home negligence claim in Florida can be a very detailed process. There are certain laws that set forth certain things procedurally that need to occur at certain steps along the way. It is very fact-, detail- and legally intensive, so making sure that you get the right attorneys involved early is certainly the best way to go about getting that case resolved, but there is so much that goes into one of these cases. You need to make sure that you have the right folks by your side in addressing these issues. Some of these cases can take the long, winding road through the pre-suit process before a lawsuit is filed and ultimately end up going through certain other avenues before we even get to the courthouse to potentially look at a jury trial. These are cases that can and often lag on for some period of time, but it’s important to know that we at Goldstein, Buckley, Cechman, Rice & Purtz are here with you every step of the way. We’re here to guide you through the process no matter how short or long it takes, and we are here to make sure that we achieve justice for you.
2. Nursing Home Abuse Case Going to Trial
Nursing home negligence cases sometimes go to trial. The vast majority of them get resolved through what is called a pre-suit process that the legislature has put in place that allows certain things to occur where claims are presented, documentation is exchanged, and injuries and damages are fully solidified. Hopefully, your case can get resolved short of a multi-year trek down the road to a jury trial, but there are no guarantees. Nursing home negligence cases can take on many forms depending on the facts and circumstances not only that led to the actual incident or incidents occurring, but also the damages and how this has affected you or your loved ones that you have in the care of these facilities.
3. Reporting Nursing Home Abuse
Reporting a nursing home negligence claim starts at the facility. Documentation is important. Once something comes up that you or a loved one experience or hear about, making sure you work through the chain of command and make it known there at the ground level immediately. The next important thing to do is pick up the phone and call an experienced attorney to get in and work with you to document these things and to work through what the legislature in Tallahassee has put in front of folks that want to bring claims for nursing home negligence. There are timeframes and time limits associated with reporting and documenting that you need to keep in mind. Some exist on a much more formal level than simply letting the folks at the nursing home know what is going on. As such, getting out in front of it early on, making sure you’re raising complaints and issues with any and everyone who will listen to you at the actual facility but also reaching out to an attorney to make sure that they are working on your behalf to document this through the appropriate governmental entities are all essential.
4. Nursing Home Abuse Case Value
The value of a nursing home negligence claim in Florida is very, very personal to the person that has suffered at the hands of these individuals, these folks, these corporations that we trust to look out for us and our loved ones when they’re at their most vulnerable. The value of the claim depends on many things including what ultimately occurred, how this has affected the person involved in the claim, what damages have resulted, what medical care and treatment was necessary to cure or attempt to cure the failures on the part of the nursing home, what has been missed as far as amenities and things that needed to be present, and how those things (the skilled nursing, the doctors on staff, the people that need to be looking out for us and our loved ones) have gone about causing what most of the time is immense suffering to our most vulnerable. The value of the claim is very comprehensive, based upon the amount and the extent to which the negligence of these facilities, their failure to do what they should and what we expect them to do, has affect the person involved. It, again, includes more than just dollars and cents medical expenses but ultimately what have us and our loved ones had to endure at the hands of these facilities that we have trusted.
Has a loved one of yours been abused while under care in a nursing home in Florida and have questions about our 4 nursing home abuse tips? Contact our experienced Southwest Florida nursing home abuse lawyers today for a free consultation and case evaluation.
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3 Slip and Fall Tips
Were you or a loved one injured from a fall and have questions? Check out these 3 slip and fall tips for guidance, then call our Southwest Florida attorneys.
Slip and Fall Case Going to Trial
We have folks come to us who have been involved in a slip and fall incident and tell us the last thing they ever want to do is go to trial, and that’s fine. Most of these cases never have to go to trial. We can settle some of these cases early on with the insurance company by sending a demand letter and negotiating settlement. The demand letter just says what your injuries are, how the accident happened, what your medical bills are, what your pain and suffering is, and then we can negotiate settlement within the first few months after an accident.
Sometimes, though, we have to file a lawsuit. A lawsuit just means that we file paperwork with the court and we proceed towards trial. Even when we do that, most of those cases settle before we go to trial. Why? Because the insurance company understands that our law firm is a trial firm, that we will try these cases, so that usually means we can maximize the value of the case before going to trial.
Insurance companies also know the attorneys that don’t try cases, so they’ll continue to lowball the client because they know the attorney will push the client to settle the case. That’s not what we do. We have four board-certified civil trial attorneys – which is the highest certification you can receive for civil trial – and that makes us personal injury trial experts, and we’re willing to try these cases for you. Because we’re willing to do that, most of these cases never have to go to trial; in fact, a very small percentage do.
Slip and Fall Pre-Existing Injury
If you have a slip and fall claim in Florida and you have a preexisting condition – say you have an arthritic knee – and then you get in this slip and fall accident and hurt that knee worse. While you had some pain in the knee before, you never needed surgery. After this accident, you need a surgery on the knee. The insurance company is going to say, “Well that was a preexisting condition, so we’re not going to pay you for that because it’s something that you would’ve had anyway.” This is a very common argument they make. Insurance companies hire defense doctors all the time, and those doctors will come up with these opinions. Those opinions oftentimes lack foundation because they do not take into account that you were hurt worse.
The law in Florida says if you have a preexisting condition and it’s aggravated because of an accident, then the insurance company is responsible for that aggravation and responsible for that knee surgery if that knee is aggravated. Don’t let it scare you off if you have some preexisting condition. If you’re hurt worse, the law says that you can recover for that.
You need a skilled attorney that’s able to make sure your treating physicians understand that you had this prior condition, that it got worse from the accident. Then the doctors can give appropriate opinions and we can recover appropriately for that aggravation of the preexisting condition. Please feel free to reach out to us if you have a preexisting condition and then you’re injured to where it’s made worse.
Suing the City for a Faulty Sidewalk Injury
If you have a trip and fall case in a municipality, city, or county on a curb or on a sidewalk, then you absolutely have a case. In Florida, there is this law that property owners have to keep their property in a reasonably safe condition, and that includes any city, county or municipality. They do have sovereign immunity, meaning that there is a cap on the damages that you can recover of $200,000, and there’s a cap on the attorney fees of 25%, but our firm doesn’t shy away from those cases because of that. We still handle them regularly.
If you have one of these sorts of injuries, please feel free to reach out to our law firm. We handle these cases regularly and we’d be happy to talk to you about your case.
Were you ore a loved one injured in a slip and fall accident in Florida due to the carelessness or negligence of someone else and have questions about these 3 slip and fall tips? Contact our experienced Southwest Florida slip and fall lawyers today for a free consultation and case evaluation.
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4 Negligent Security Tips
Have you been hurt due to the negligence of a business or property owner? Read these 4 negligent security tips, then call our Florida attorneys today.
Selecting a Negligent Security Attorney
The way you select the best negligent security attorney in Florida is by looking up their credentials, what they’ve done in their career. Our law firm has been around for nearly 60 years. We handle negligent security cases regularly. We have four board-certified civil trial attorneys. What does that all mean? It means that when you hire an attorney, the insurance company knows that attorney. They know if they’re a trial attorney or they know if they’re not, if they’re just an attorney that takes cases and settles them without the willingness to push the case forward to go to trial.
You really need to look into the attorney that you’re hiring, make sure the attorney has a good understanding of negligent security law, and that they can appropriately handle your case to maximize the value of the case. If you have a negligent security case, please feel free to reach out to us. We’d be happy to help you through that.
After a Negligent Security Injury
We have folks come to us where they have a negligent security injury claim in Florida and they ask us what they should do, what some of the steps are that they should take. They’ve taken the right step first, which is to get the attorney involved. An attorney can preserve all the evidence, such as if there’s video, if something happens at a gas station or in the parking lot at a Walmart or any other large establishment like that where they may have parking lot cameras and get statements of witnesses. The attorney can preserve all the appropriate evidence to maximize the value of your case.
The second thing would be to not talk to the insurance company. Don’t give them a statement. You can say things that could potentially hurt your case, so get the attorney involved right away. The attorney can guide you through the steps that you need to take to maximize the value of your case. Our law firm has been handling these sort of cases for nearly 60 years. If you have a negligent security case, please feel free to reach out to our law firm so we can help.
Mistakes After a Negligent Security Claim
A common mistake that someone may make if they have a negligent security case in Florida is not really realizing they have a negligent security case. A negligent security case is where a property owner, whether it be a gas station or some sort of big-box retailer, know that there are some issues on their property, say with crime. They have violent crimes where they’ve had people mugged or they’ve had shootings, and then they don’t appropriately protect the people that are coming on their property. If they don’t appropriately protect someone and that person is injured, then there’s a case. You see these sort of things happen all the time and the person just thinks, “Well, the person that assaulted me is really the at-fault party,” but, no, the at-fault party can be the actual place of business that you’re going to, where you have an expectation that you’re going to be safe. That’s what a negligent security case is.
Another common mistake is not hiring an attorney right away. In a negligent security case, oftentimes there will be video that will show the incident, if you’re at some sort of business premises where they have video cameras, and the person doesn’t hire an attorney, so we can’t get the appropriate evidence, can’t get the witnesses and statements from them, so we can’t build your case appropriately. You really need to hire an attorney right away that knows what they’re doing.
Our law firm has been handling negligent security cases for nearly 60 years, so we can help you out if you or a loved one has been injured or, unfortunately, there are sometimes death with these negligent security cases.
Negligent Security Case Value
When we have folks that have been injured in a negligent security case, they’ll come to us and ask, “What is the value of my case? How do we determine that?” That comes down to multiple factors. First of all, you have to prove that the defendant was in some way negligent; that’s called liability. The way you do that is, say if there’s an assault that happens on a property or if there’s a shooting that happens on a property, you need to look at the history on that property. There are different call logs through different police departments where you can find if there were similar crimes in the past, and that’s kind of how you build your negligent security case. You need an attorney, first of all, that can show you how to do that, that can pull the right documents to be able to prove that the defendant was negligent in some way, that they should have had security on the property because there’s a history of bad behavior on the property.
The second part of that is damages. Damages can be lost wages, pain and suffering, loss of the capacity of the enjoyment of life, and medical bills. All of those factor into determining the value of a case, and the damages portion is a lot about the attorney’s skill in maximizing each of those elements of damages and understanding the history of what has happened in similar cases around the state.
Our law firm has been handling these sort of cases for nearly 60 years. We have four board-certified civil trial attorneys who try these sort of cases, and we do a lot of research to determine the value of these cases. You really want an attorney that can do all of those things to maximize the value of your case and instruct you appropriately on what that value is. If you’ve had a negligent security case, please feel free to reach out to us and we can help you with that.
Have you or a loved one been hurt on due to the negligence of a business or property owner in Florida and have questions about our 4 negligent security tips? Contact our experienced Southwest Florida Negligent Security lawyers today for a free consultation and case evaluation.
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3 Car Accident Tips
Have you or a loved one been seriously injured in a car crash? Check out these 3 car accident tips for guidance, then contact our Florida lawyers today.
Car Accident Attorney Fees
When you’re hiring an auto accident injury attorney in Florida, you should not have to pay anything out of pocket. We work on a contingency fee. What that means is that we are only paid if we are successful in the case and obtain a recovery for you. You should never have to pay any money out of pocket to an attorney to represent you for your injury claim.
Car Accident Medical Bills
The person that’s responsible for paying your medical bills after you’re involved in a car crash in Florida would be the at-fault driver. There are certain other things that go into that question though in terms of what insurance coverages are available both to you through your own insurance policy and also available through the at-fault driver. That’s why it’s incredibly important to hire someone who specializes in personal injury law to represent you when you’re injured in a motor vehicle crash because that attorney has the specialized knowledge to make sure that they are maximizing your recovery and any potential sources of insurance coverage or recovery for you. If you have questions about your injury claim or you have questions about insurance coverage, please call us.
Lost Wage Reimbursement
If you’re involved in a car accident in Florida, you are entitled to recover your lost wages. There are several different ways that we can do that and help you with that. The most important thing though is documentation and getting a personal injury attorney involved early on in the process. You can be compensated for lost wages through your own personal injury protection coverage to a certain extent, but then you also have a claim for lost wages against the person who caused the crash or caused your injuries.
A personal injury attorney can help prepare all of that documentation and get it submitted to the insurance company, and if the insurance company is not treating you fairly, help present that claim along with your injury claim to a jury if the case needs to be tried. We’re always happy to answer questions about lost wage claims that are included in injury cases. If you have questions, please call us.
Have you or a loved one been injured in a car accident in Florida and have questions about our 3 car accident tips? Contact our experienced Southwest Florida car accident lawyers today for a free consultation and case evaluation.
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3 Motorcycle Accident Tips
Were you or a loved one involved in a motorcycle accident in Florida? Check out these 3 motorcycle accident tips for guidance, then call our lawyers today.
Selecting a Motorcycle Accident Attorney
If you’re injured in a motorcycle crash in Florida, you need to select an attorney who specializes in personal injury and specifically motorcycle accidents. Motorcycle accidents are different in many ways than a motor vehicle crash involving two automobiles. For that reason, it’s incredibly important to select someone who not only understands the unique aspects of a motorcycle crash but also can potentially litigate and try your case if necessary. You need an attorney who can potentially hire experts and do a very thorough investigation if you’re involved in a motorcycle crash. We specialize in motorcycle crashes and have the ability to hire experts if needed and investigate those cases so that we make sure that you’re compensated fairly.
Forced Off The Road
If you were involved in a crash where you were forced off the road, you absolutely still have an injury claim, even if that person either hasn’t been identified or fled the scene of the crash. That’s why you need to contact a personal injury attorney as soon as possible so that we can start doing any investigation and make sure that you’re fairly compensated for your injuries. If you have questions about this or you were involved in a crash where you were forced off the road by another vehicle, please give us a call. We’d be happy to talk to you and help you with your case.
After a Motorcycle Accident
The first steps that someone should take when they’re involved in a motorcycle crash in Florida are first and foremost getting the medical attention that they need. That’s should really be your primary focus. The second thing should be hiring a personal injury attorney who specializes in motorcycle crashes.
The attorney when you hire them should be able to handle all of the moving parts that are involved in the case so that you can focus primarily on getting better and focus on your recovery. Oftentimes, the injuries that people sustain in motorcycle crashes are significant. You need someone who can help you and handle all of the things that you would otherwise have to deal with so that you can focus your attention on getting the treatment that you need. We’re of course happy to help with that.
We specialize in motorcycle accidents. Unfortunately, the injuries are often very severe. We have the ability and wherewithal to handle those types of cases. We also have the ability to try and litigate your case if necessary. If you have questions and you were involved in a motorcycle crash or you have a family member involved in a motorcycle crash that was unfortunately injured, please call us.
Have you or a loved one been injured in a motorcycle accident in Florida and have questions about these 3 motorcycle accident tips? Contact our experienced Southwest Florida motorcycle accident lawyers today for a free consultation and case evaluation.
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3 Personal Injury Tips
Were you injured due to someone’s negligence? Check out these 3 personal injury tips for guidance, then call our Florida attorneys to get started today.
1. Mistakes After a Personal Injury Claim
The value of a personal injury claim in Florida is what the question presents and that is it’s personal. These are personal injury claims, personal to you. The value of that claim depends on many factors and many things that go into looking at what that claim is worth. It starts from the insurance company’s perspective with your medical bills. What did it take to treat these conditions that resulted from the accident or the incident? The value of the claim also includes things like your wage loss if you missed work as a result of the accident and your injuries. That goes into determining a value of the claim.
It’s so much more than that. The value of the claim is personal— how this claim has affected you, how it’s affected the way you go about your daily activities, the things that you enjoy doing, your hobbies, your interests. The value of the claim varies based upon many factors that go into a case. At Goldstein Buckley Cechman, Rice & Purtz, we look to maximize that value based upon what you, our client, is looking for to fully compensate and receive justice as a result of this accident that was not your fault. We put the pieces together with you very early on and continuing throughout the course of your case to make sure that we are maximizing value based upon your desires to search for justice for you.
2. Pre-Existing Injury
Personal injury claims and pre-existing conditions are things that are at the forefront of most cases that are handled in Florida. Those are things that do impact cases. Insurance companies like to look at pre-existing conditions and try to blame the effects of the accident on those pre-existing conditions. Luckily, when you have an experienced attorney like us at Goldstein Buckley Cechman, Rice & Purtz, we know how to flip that argument on its head because what the law tells us is that simply because you were suffering from some form of pre-existing condition, be it a prior spinal cord injury, be it prior neck pain or back pain, just because you may have those things in the past doesn’t mean that you cannot collect damages you deserve from suffering an aggravation or an exacerbation of those prior conditions, again, things in your past that have been reignited, brought to life, and intensified as the result of the accident in question.
While it is certainly something that is at the forefront of cases when those pre-existing conditions exist, having the right attorneys to know how to deal with those situations in the right context and how to make those situations most beneficial for you folks that suffer from those sort of things in your past is so paramount and important to making sure you are choosing the right attorneys. What we do when we get a case is, we certainly ask about the accident and your injuries as a result of the accident. What we do is take a deep dive into your medical past, not in an effort to undervalue your claim but in an effort to get that ammunition we need to try and prove what we know to be true, and that’s that the accident and the injuries more times than not have caused those underlying conditions to be reignited, brought to the forefront, and you are now suffering worse than you ever had before. While pre-existing conditions certain points in time can be detrimental to a case, if you have the right attorneys looking at it in the right light, we can work to make those work in your benefit as opposed to your detriment.
3. Taking the First Personal Injury Settlement Offer
In Florida, insurance companies will make an initial offer generally early on in the process. More times than not, it is not advisable to take their initial offer. Insurance companies work to try to turn files over, which means get it off their desk and get you candidly out of their hair. What we do at Goldstein Buckley Cechman, Rice & Purtz is we put together comprehensive damages packets that we will send out to insurance companies at the right time. Timing is important because those first offers generally are not the best offers. We work hard to put together that information, give the insurance company all they need to evaluate your case, and the vast, vast majority of the time, we see offers increase as we continue to work through your case putting together the accident, your injuries, the damages, and how those have affected you. Holding out a little longer while time can obviously be a factor more times than not is generally in your best interest and we will be with you the full view of the way to get you to a point where you get to decide what justice is for you and what we should do with offers from the insurance company.
Have you suffered a serious injury at the hands of someone who has been careless or negligent and have questions about our 3 personal injury tips? Contact our experienced Southwest Florida personal injury lawyers today for a free consultation and case evaluation.
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3 Bicycle Accident Tips
Were you or a loved one hurt while riding your bike? Check out these 3 bicycle accident tips, then give our Florida bicycle accident lawyers a call today.
1) Bicycle Accident Insurance Investigation
If you’re involved in a bicycle crash and you’re contacted by an insurance company, do not talk with the insurance company. Hire a personal injury attorney as quickly as you can so that the attorney can help you with communications involving the insurance company. Unfortunately, we oftentimes see insurance companies put words in people’s mouth or try to get them to settle their cases early on before they really know the full extent of their injuries and damages. For that reason, it’s important to get someone who specializes in personal injury but also specializes in bicycle accidents to help you with your case.
Unfortunately, in bicycle accident cases, there’s often situations where they will try to blame the bicyclist. If that’s the case, you need a personal injury attorney representing you, fighting for you in your corner that can handle those types of issues. We specialize in those types of cases and handle those issues all of the time. For that reason, we would be happy to help you with your case. Please give us a call.
2) Partial Fault Bicycle Accident
If you’re involved in a bicycle crash in Florida and you have been determined to be partially at fault, you still have a case. You still have damages that you need to be compensated for. One of the things that we often see unfortunately with cases involving bicyclists is that there’s often an effort to try to blame the bicyclist for a crash. That’s why you need an attorney representing you as soon as possible after the crash so that an investigation can be done and that someone is fighting for you from the beginning to make sure that you’re properly compensated for your damages. If you’ve been involved in a crash and were determined to be partially at fault, please call us because we’d be happy to help you with your case and talk with you about it.
3) Mistakes After a Bicycle Accident Claim
Some of the most common mistakes that we see people make when they’re involved in a bicycle accident case in Florida is Number One, not hiring a personal injury attorney as soon as possible. It’s important to hire an attorney as soon as possible because you will likely be contacted by insurance companies very soon after the crash. Unfortunately, what we see oftentimes is people give statements or are talked into settling their case very early on before they even know the full extent of their damages. Oftentimes, what insurance company adjustors tell you is not accurate. You need someone fighting for you who is going to represent your interests and your interests alone to recover your damages.
Secondly, the biggest mistake we see people make is with respect to the attorney that they hire. You want to make sure that you hire someone specifically with the knowledge to handle your bicycle accident case. Unfortunately, there are a lot of attorneys out there, but not all of them specialize in personal injury and specifically bicycle accidents. You need someone who has the ability to perform a proper investigation and also potentially hire the experts that are needed if your case needs to be litigated.
That’s why it’s very important to not only hire an attorney as quickly as possible after your bicycle accident but also make sure that you’re hiring someone who specializes in bicycle accidents. Our firm specializes in those types of cases. If you have questions, you need to talk to someone, you’re injured, please call us. We’d be happy to help you.
Have you or a loved one been injured in a bicycle accident in Florida and have questions about these 3 bicycle accident tips? Contact our experienced Southwest Florida bicycle accident lawyers today for a free consultation and case evaluation.
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4 Car Accident Tips
Have you or a loved one been injured in a car accident? Check out these 4 car accident tips for guidance, then call our Florida attorneys to get started.
1. After a Car Accident
The initial steps you should take when you’re injured in a car accident in Florida is, first and foremost, make sure that you’ve received medical attention. One thing that people don’t often realize is that in Florida, we have PIP or no-fault. That requires that you get treatment with 14 days. It’s very important for you to get that initial treatment as quickly as possible after the crash.
Secondly, if you are involved in a serious motor vehicle crash in Florida, it’s important to hire a personal injury attorney as soon as possible. That’s because you want to make sure that the attorney gets involved in the investigation aspects of the case and that the attorney handles any communications or conversations that happen with the insurance company, whether that’s your insurance company or that at-fault driver’s insurance company. Those are all very important things to remember. Then the attorney can help you through the process.
You want someone in your court fighting for you from the very beginning. That’s why it’s crucial to get an attorney involved as soon as possible. If you have questions about your injury claim, of course, we’re always here for you and happy to answer those questions.
2. Car Accident Attorney Fees
When you’re hiring an auto accident injury attorney in Florida, you should not have to pay anything out of pocket. We work on a contingency fee. What that means is that we are only paid if we are successful in the case and obtain a recovery for you. You should never have to pay any money out of pocket to an attorney to represent you for your injury claim.
3. Car Accident Medical Bills
The person that’s responsible for paying your medical bills after you’re involved in a car crash in Florida would be the at-fault driver. There are certain other things that go into that question though in terms of what insurance coverages are available both to you through your own insurance policy and also available through the at-fault driver. That’s why it’s incredibly important to hire someone who specializes in personal injury law to represent you when you’re injured in a motor vehicle crash because that attorney has the specialized knowledge to make sure that they are maximizing your recovery and any potential sources of insurance coverage or recovery for you. If you have questions about your injury claim or you have questions about insurance coverage, please call us.
4. Lost Wage Reimbursement
If you’re involved in a car accident in Florida, you are entitled to recover your lost wages. There are several different ways that we can do that and help you with that. The most important thing though is documentation and getting a personal injury attorney involved early on in the process. You can be compensated for lost wages through your own personal injury protection coverage to a certain extent, but then you also have a claim for lost wages against the person who caused the crash or caused your injuries.
A personal injury attorney can help prepare all of that documentation and get it submitted to the insurance company, and if the insurance company is not treating you fairly, help present that claim along with your injury claim to a jury if the case needs to be tried. We’re always happy to answer questions about lost wage claims that are included in injury cases. If you have questions, please call us.
Have you or a loved one been injured in a car accident in Florida and have questions about our 4 car accident tips? Contact our experienced Southwest Florida car accident lawyers today for a free consultation and case evaluation.
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4 Car Accident Questions
Did you or a loved one get seriously injured in a car wreck? Check out these 4 car accident questions we are often asked, then call our attorneys today.
1. After a car accident in Southwest Florida, is it a good idea to talk to the insurance company?
If you’re involved in a motor vehicle crash in Florida, do not give a recorded statement to the insurance company, even if it’s your own insurance company. Let your personal injury attorney handle that and help you through that process. You really need someone with the experience and expertise in personal injury to guide you through those types of things. That’s why it’s important to get an attorney involved as quickly as possible.
Oftentimes, insurance companies will contact people very quickly after the crash to try to get them to give statements, or answer questions, or possibly even try to resolve their cases before they’re even able to get an attorney involved. After you’re involved in a motor vehicle crash, your life is turned upside down. It’s understandable that you would want to try to get things resolved as quickly as possible, but you want to speak to a personal injury attorney who is going to look out for your interests and make sure that you are compensated for your damages. Your damages are not always apparent in the days, weeks, or maybe even months after the crash.
That’s why it’s important to talk to someone who specializes in this area to guide you through the process. We’re always here to answer questions. If you need help, please call us.
2. How can I determine the value of my car accident case in Southwest Florida?
Determining the value of your car accident case in Florida is a somewhat difficult question to answer; however, there are certain factors that we can look to give us somewhat of an idea of what we can expect in terms of value. The first aspect of value would be the severity of your injuries, how much treatment you had, was there a surgery required, did you have injections, things of that nature. The second aspect that goes into determining value of a case is whether there is a dispute about liability or who is responsible for the crash. That’s important. Initially, when you come to us, we will help with the investigation, such as taking witness statements and things of that nature to try to prove arguments regarding liability.
The third thing that we look at in terms of valuing a personal injury case is how did you recover from your injuries? What types of problems do you still have even months or possibly years after the crash? Those are all things that we consider when we’re looking at the value of a case. That’s why it’s important to meet with an attorney early on so that we can help with the investigation, and help develop the case, and make sure that you are getting compensation for all of your damages.
3. How long is it going to take to resolve my car accident injury claim?
The length of time that it takes to resolve your car accident case in Florida is dependent upon when you reach maximum medical improvement. That’s something that your doctors will be able to tell you. Secondly, a lot of it depends on whether the insurance company treats you fairly and whether we have to litigate your case. If we have to litigate the case, of course, it takes a bit longer, but it’s worth it in the end because that’s what’s required to get you the compensation and justice that you deserve.
4. What should I do if I was injured in a car accident in Southwest Florida?
The initial steps you should take when you’re injured in a car accident in Florida is, first and foremost, make sure that you’ve received medical attention. One thing that people don’t often realize is that in Florida, we have PIP or no-fault. That requires that you get treatment with 14 days. It’s very important for you to get that initial treatment as quickly as possible after the crash.
Secondly, if you are involved in a serious motor vehicle crash in Florida, it’s important to hire a personal injury attorney as soon as possible. That’s because you want to make sure that the attorney gets involved in the investigation aspects of the case and that the attorney handles any communications or conversations that happen with the insurance company, whether that’s your insurance company or that at-fault driver’s insurance company. Those are all very important things to remember. Then the attorney can help you through the process.
You want someone in your court fighting for you from the very beginning. That’s why it’s crucial to get an attorney involved as soon as possible. If you have questions about your injury claim, of course, we’re always here for you and happy to answer those questions.
Have you or a loved one been injured in a car accident in Florida and have questions? After reading the answers to these 4 car accident questions that we are asked often, contact our experienced Southwest Florida car accident lawyers today for a free consultation and case evaluation.
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Drowsy Driving Is Dangerous Driving
The National Sleep Foundation found about half of U.S. adult drivers admitted to drowsy driving when they were tired. Studies have proven that sleep deprivation can affect driving as much as (and sometimes more than) alcohol. Like driving drunk, driving tired can be deadly, but it is preventable.
Drowsy Driving Prevention Week, Nov. 1-8, serves to remind drivers that drowsy driving is impaired driving. Driving with more than 20 hours without sleep is the equivalent of driving with a blood-alcohol level of 0.08%, the legal limit. Tired drivers can also fall into “micro sleeps,” or brief losses of consciousness that can last for four or five seconds. At 55 miles an hour, a car will travel more than 100 yards down the road during a micro-sleep.
What makes driving while tired especially dangerous is that most people do not know the exact moment that sleep overcomes their body whether in bed, on a couch or at the wheel.
Causes of Drowsy Driving
The two main causes of drowsy driving are lack of quality/quantity of sleep, and driving at times you would normally be sleeping. Young drivers, shift workers, commercial drivers and people with untreated sleep disorders or with short-term or chronic sleep deprivation are at an higher risk.
Still, only New Jersey and Arkansas have fatigued driving laws. The Arkansas sleepy driving law is almost never enforced. To convict someone, a death must occur with proof the driver had not slept for 24 hours before the accident. New Jersey’s tired driving law is called Maggie’s Law for Maggie McDonnell. McDonnell was killed when a driver — who admitted he had not slept for 30 hours and had been using drugs — crossed three lanes of traffic and struck her car head-on in 1997. Maggie’s Law defines fatigue as being without sleep for more than 24 consecutive hours.
Still, the Centers for Disease Control notes that tired drivers do not need to be awake for so many hours to be impaired. Tired drivers have slow reaction times for braking or steering and inability to make good decisions. In the worst cases, tired drivers fall asleep behind the wheel.
Signs of Being Too Tired to Drive
Interestingly, it is not always driving at night, for long trips or old age that result in tired drivers. According to the sleepfoundation.org, more than one in four drivers who reported falling asleep said that it happened between noon and 5 p.m. More than half said they had been driving for less than an hour before falling asleep. Drivers under age 25 make up for half of the tired driving crashes.
The American Academy of Sleep Medicine and sleepfoundation.org note these signs that you may be too tired to drive:
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- Frequent yawning or difficulty keeping your eyes open
- “Nodding off” or having trouble keeping your head up
- Inability to remember driving the last few miles
- Missing road signs or turns
- Struggling to keep your speed
- Trouble focusing, frequent blinking and/or heavy eyelids
- Having reveries or daydreams
- Drifting from your lane, swerving, tailgating and/or hitting rumble strips
- Feeling restless, irritable or aggressive
Avoiding Drowsy Driving
To avoid endangering others on the road, it is important to get a good night’s sleep. Seven to nine hours is recommended by sleep experts. It is also good practice to avoid driving when you would typically be asleep or driving alone for long distances. A companion who stays awake can take a turn driving as well as help see the warning signs of driver fatigue.
The Florida Highway Safety and Motor Vehicles recommends these steps for avoiding sleepy driving:
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- Read the warning label on your medications and do not drive after taking medications that cause drowsiness.
- On long trips, take a break every 100 miles or two hours.
- Drink caffeine to increase alertness. Keep in mind, turning up the radio, drinking coffee or rolling down the window may help you feel alert for a brief period, but are not effective ways to support alertness to drive safely overall.
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- If you are having difficulty focusing, frequent blinking or heavy eyelids, pull over in a safe place to rest before continuing to drive.
- The Florida Department of Transportation maintains multiple rest areas, service plazas, truck comfort stations and welcome centers throughout Florida. There are great places to stop and take a break. For more information, visit fdot.gov/maintenance/restareas.
- If you have been up for 20 hours or more, do not drive. It is not safe for you and all others on the road. Get adequate rest before you travel.
Drowsy Driving Accidents
Unfortunately, falling asleep at the wheel can be difficult to prove in an accident, particularly if the at-fault driver does not admit to lack of sleep. An experienced personal injury attorney knows how to investigate and gather necessary evidence.
As a driver, you have a responsibility to drive safely, obey the traffic laws, and respect the rights of other drivers, including getting enough sleep or not getting behind the wheel if you are too tired to drive.
Got questions? Goldstein, Buckley, Cechman, Rice & Purtz have been helping clients for nearly 60 years with their estate planning needs.