Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Florida Hit and Run Car Accidents

Published on: October 28, 2010 | By Flaxman Law Group

According to the National Highway Traffic Safety Administration, more than 10% of all car accidents are hit and run accidents, and the prevalence of these accidents has been rising for more than ten years. The National Highway Traffic Safety Administration reports that most hit and run accidents are either drunk driving accidents or involve a hit and run driver who is uninsured. That is, in most hit and run accident, the motorist leaves the scene of the crime to conceal intoxication or to avoid legal problems.

Being in a Florida hit and run car accident can be devastating. If there are no witnesses, especially, it can be hard to get compensation from your insurance company. You will need to take the time to file a police report about the accident. You may also feel angry and shaken. If you are alone at the scene of the accident and are injured, it is up to you to seek medical attention – with no help from the other driver involved in the accident.

If you are in a suspected Florida drunk driving accident or a Florida car accident that is hit and run, the first thing you will want to do is call emergency services if you or anyone else is injured. The first priority is to get medical help. Next, make sure that you call the police at once. Leaving the scene of a Florida car accident is a crime, so you want to report that crime.

As soon as you have done this, start documenting the accident. In a Florida hit and run accident, documentation is even more important. Take photos of your car, get the contact information of any witnesses, and jot down anything you remember about the driver of the other car. These details can help police catch the motorist.

You will next have to deal with your insurance company. This can be frustrating, since many policies do not cover hit and run Florida car accidents or uninsured drivers. Read over your policy carefully. Consider contacting a good Florida car accident attorney in order to get legal advice and help about your situation. A good, experienced attorney can help you deal with authorities and your insurance company. He or she can even investigate the accident.

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Recovering From Florida Car Accident Injuries

Published on: October 26, 2010 | By Flaxman Law Group

Most Florida car accidents result in some injuries, and a disturbing number of these accidents result in serious accidents. Car accidents are responsible for a large number of Florida brain injuries, whip lash, spinal cord injuries, leg injuries, and trauma. The most common injury is whiplash, while brain injuries are the most common type of Florida car accident injury likely to result in fatalities. While virtually all car accident victims are taken to hospital shortly after an accident, some injuries are not visible right away. Symptoms that some Florida brain injury victims have, for example, can take hours or even days to develop.

The first step in recovering from a Florida car accident is to seek medical attention. If you have hit your head, especially, it is important to visit an emergency room. Some closed-head trauma can be fatal but does not always present symptoms at once. Even if you have no obvious symptoms immediately, you could have suffered a serious personal injury, so prompt medical attention is important. It could save your life.

The second step in recovering from a Florida car accident is to continue to get medical attention. Follow up with your doctor if you have sustained any injury. As well, keep records of your injury. For example, note any symptoms and doctor’s directions, so that you can focus on recovering fully. Documenting your injuries is also important for insurance purposes.

Unfortunately, a large part of your recovery from a Florida car accident depends on money. Your insurance and financial situation can determine the quality of medical care you receive and can determine how well you recover financially from your accident. If you are having trouble with your insurance company or if you believe that another motorist was negligent and caused the accident, it is important to talk to a good Florida personal injury attorney soon after your car accident – certainly before you sign anything.

A good attorney can be important in helping you recover. He or she can help you understand your legal rights and options, so that you can make the best decisions possible in your situation. He or she can also investigate the causes of your accident, find all liable parties, and negotiate with your insurance company. This can help ensure that you get a fair claim amount so that you can afford the best medical care possible.

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Florida Car Accidents and Government Cars

Published on: October 21, 2010 | By Flaxman Law Group

Being in a Florida car accident or truck accident is often difficult enough. After such an accident, you may face serious injuries as well as trauma, lost income, and huge medical bills. If your accident involves a government vehicle, however, you have some added challenges and you may wish to consult a qualified Florida personal injury attorney about the accident.

In most Florida car accidents, if someone’s negligence has caused the accident and you have suffered serious injuries and losses, you can bring a legal action against that person (or, more correctly, their insurance provider) in order to recover the costs of your injuries and losses. In the case of a government vehicle, however, the situation is more complicated because state, federal, county, and city governments all enjoy what is known as “sovereign immunity” or “government immunity.” This doctrine, and the legal decisions passed down from courts about this doctrine over the years, have limited the instances in which the government and government employees can be sued in personal injury accidents and other types of accidents.

There are many government vehicles on Florida roads all affected by this doctrine. If you are in an accident with a firefighter, police officer, mail carrier, ambulance driver, your legal claim may be effected by government immunity, even if the government employee was clearly at fault. In these cases and in any case involving a government vehicle, the incident is generally governed by the Federal Tort Claims Act (FTCA), which provides some waiver of the government’s immunity – but only in cases where employees are negligent within their employment.

There are other things which can affect your claim against a government in the event of a Florida car accident involving a government vehicle. For example, the burden of proving driver responsibility will be much higher in these cases. You will need a very experienced Florida personal injury attorney who can very definitely prove that the government employee was negligent and at fault. If you have been injured in a Florida pedestrian accident or car accident with an emergency vehicle, your case will also be more complex. If your are injured by an emergency vehicle while the vehicle is trying to get to an emergency, you will face additional challenges because these vehicles are given additional latitude. You may need to prove serious negligence in these cases – such as proving that the emergency vehicle did not correctly use sirens and emergency lights at the time of the accident. Again, an experienced Florida personal injury attorney may be invaluable in such cases.

If you have been involved in a Florida car accident with a government vehicle, you may also need to file an administrative claim with the government before pursuing your legal claim. There is a time limit on when you must do this. In most cases, you must file the administrative claim within 30-180 days of the accident. Failure to file the administrative claim in time can affect your ability to recover damages, so it is essential to contact a good attorney immediately after your accident.

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Understanding Fault in Florida Car Accident Cases

Published on: October 19, 2010 | By Flaxman Law Group

No one likes to be found at fault for anything, but in Florida truck accidents, car accident cases, and any traffic accident, fault is a key issue. If someone is clearly at fault, through negligence or recklessness, in an accident, that person will often find their insurance company has to pay out more of the damages. In cases where someone is negligent while driving, that driver may also be sued. For example, if you sustain a Florida burn injury because another driver is texting and driving and runs a red light, you can bring a legal claim against that person to cover your injuries, medical treatment, lost income, and other damages suffered in the collision.

In many Florida car accidents, however, determining fault is not so simple. In some cases, it is not immediately apparent what has caused an accident. In other cases, liability is shared among many parties. For example, a tire defect could cause your car to spin out of control. At the same time, another driver may be distracted and a pedestrian may be crossing the street without the benefit of a crosswalk, causing an accident. In this case, the tire manufacturer (and possibly mechanic), other driver and potentially the pedestrian may be found partly liable. In cases where liability is not clear or is shared between parties, it is important to consult a qualified Florida personal injury attorney. A good attorney can investigate the accident and can help assign liability fairly.

Under Florida law, pure comparative fault is adopted to measure damages. This means that the victim’s percentage of fault is used to reduce the damages by that amount. This is often easier to explain by way of example. Let’s say that that Anne is in a Florida car accident that is deemed 50% her fault. She becomes a Florida spinal cord injury patient due to her accident and damages for the accident for her amount to $200 000. Anne can recover up to $100 000 in damages, since she is deduced 50% of the initial amount for her share (50%) in the accident.

It is important to note, however, that while Florida is a pure comparative fault state, many things can affect examples like the one above. First, determining the damages can be tricky. Some insurance providers can underestimate the damages of an accident. If Anne hires a qualified Florida personal injury attorney, for example, the attorney may find that the total expected costs and damages of Anne’s injuries may in fact be far greater, since the spinal cord injury may be permanent or long-term. As well, assigning fault is obviously a difficult concept. An insurance company may find that both drivers are equally at fault, but again, if Anne hires a good Florida personal injury attorney, her attorney may discover added details about the accident which change Anne’s percentage of fault. For example, the attorney may find that the initial investigation did not consider all evidence in the accident or that other parties are partly liable, too.

Since fault is so important in a Florida car accident, it is important not to admit fault until a through investigation of the car accident is complete and until you have retained the services of a qualified Florida personal injury attorney. In the aftermath of an accident, it is common for accusations to be made, but it is important to never agree to any accusations or agree to any responsibly until the accident has been investigated. In many Florida car accidents, fault is simply not as it seems. Admitting fault can affect your ability to recover fair damages for your accident. As well, when speaking to an insurance adjuster, be cautious about admitting fault. In some cases, adjusters want you to admit that you played a specific role in an accident. Do not agree to this until you have consulted with a qualified Florida attorney.

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Communicating With Your Attorney After Your Florida Car Accident

Published on: October 14, 2010 | By Flaxman Law Group

If you have been in a Florida truck accident or car accident and have retained the services of a Florida car accident attorney to handle your case, you can improve the possible success of your case in two ways. First, it is important to find a good, experienced Florida attorney you can trust. Second, it is important to maintain good communication with your attorney so that he or she can do their job. Here’s how to keep communication successful:

1) Give your attorney the facts they need. If you have documents or evidence of your injuries (such as photos or contact information for witnesses) by all means share this information with your attorney. The more your attorney knows, the more he or she will be able to help. Many attorneys will tell you what they need in order to investigate your accident. Feel free to ask your attorney what you can do to make your case stronger. Of course, always be honest with your attorney. Do not claim to be a Florida brain injury patient as a result of your injury if you are not.

2) Decide on frequency and format of communications. Of course, you will want to get updates about your case. However, you also want to leave your attorney with plenty of time to work on your case. The best solution is to establish, early on, how and when communication will take place.

3) Work with a written agreement and make sure that you understand the agreement before you sign. Your agreement protects both you and your attorney. Many misunderstandings can be cleared up simply by understanding and re-reading your contracts.

4) Don’t be afraid to speak up. If you’re upset about something related to the costs or the case, let your attorney know in a polite and businesslike way. Often, problems can be cleared up with a frank discussion. Clearing the air is important as it allows your relationship with your attorney to remain positive.

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Understanding the Florida Car Accident Claims Process

Published on: October 12, 2010 | By Flaxman Law Group

If you have been in a Florida car accident, you may be anxious about the process. The process of filing a claim and dealing with the aftermath of an accident can be challenging, but by understanding what you are facing, you can often handle the situation more effectively. Of course, your case will begin with a Florida truck accident or car accident. Once you have been in an accident, your case begins and there are several things that you can do to protect yourself and your rights. For example, you may wish to start documenting any damage right at the accident scene. Once you have ensured that any injured parties have received help, you will want to exchange contact information with the other driver and with any witnesses.

Next, you will want to report the accident to your insurance provider as soon as you can. This allows you to file a claim to recover damages you have suffered in the accident, including any injuries requiring medical care. Once your claim is submitted, the insurance provider will have a claims adjuster contact you. This insurance professional will consider your deductibles, the limits of your insurance, and the coverage your provider offers to you. In simple accidents where there is little injury or damage, you may be asked to get an estimate for repairs and you may only need to fill out some documents to get your check for your damages.

If, however, there is a problem, there may be many more steps before you can receive your money. For example, if there is a liability issue or if you do not agree with the claim amount you are offered, further negotiation will usually have to take place. If there was a serious injury (requiring costly medical care) or serious damage, your insurance provider may become more proactive in looking at your claim.

If your Florida car accident was more serious, the insurance company will usually do some investigating before releasing any funds. An adjuster may examine medical reports, police reports, photos of the accident scene, and even contact witnesses and other persons involved in the accident. If you are a Florida spinal cord injury patient due to the accident or have sustained other significant injuries, the insurance company will usually contact your medical professionals to get details about your treatment and its costs. If you have substantial medical bills due to the accident, you may also need to fill out medical authorization documents so that your medical records can be released to the insurance company.

Once the insurance company has investigated the accident, they will send you an offer, which is also known as a settlement offer. This is the amount that the insurance company is willing to pay you, based on your accident and your insurance policy. In many cases, this initial offer is low and may not cover all your costs. This is because while insurance companies want to close the case, they also want to save money. If you have a good idea of your claim, you can also choose to send a demand letter to the insurance company before they send you a settlement offer. This letter outlines how much you want to receive to close the case, based on your injuries and any liability issues involved in the case.

If you cannot come to an agreement with your insurance company on a fair settlement offer, you will need to negotiate with your insurance adjuster. Often, it is useful to rely on an experienced Florida personal injury attorney for this. Attorneys understand insurance laws and have the leverage to negotiate effectively. In some cases, insurance adjusters are also more willing to offer a higher settlement offer once an attorney is involved. If your claim has been denied entirely, you will also want a Florida personal injury attorney to examine your insurance company’s claims and negotiate on your behalf.

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