Nearly one-third of all car accidents involve rear-ending. With that in mind, yes. Tailgating can cause serious car accidents. Generally, when tailgating occurs, it leaves the driver a very small margin for error.
If the lead car needs to slam on brakes to avoid a collision or hazard, the tailgater has little option but to hit the car in front of them. In this article, we discuss everything you need to know about tailgating, how to avoid it, and what to do if you’re involved in a rear-end collision.
Continue reading to learn more.
What Is Tailgaiting?
Tailgating occurs when a person drives too closely behind another vehicle. Most experts recommend leaving at least two car lengths of space between your vehicle and the vehicle in front of you (when driving at slow speed).
It’s advisable to leave much more space when traveling on the highways or at faster speeds. However, when that space is decreased (even by a few feet), it severely limits a driver’s ability to avoid collisions.
How to Avoid Tailgating
Most drivers are guilty of tailgating at one time or another. However, it’s in your best interest to avoid the practice as much as possible. With that in mind, you should consider the following when driving:
- Remain conscious of your surroundings
- Limit distractions (i.e., cell phones, food, etc.)
- Keep as much space between you and the next driver as possible
- If you’re tired, pull over and take a nap in a safe place
- Get your brakes, tires, and tire pressure checked regularly
- Don’t be in a rush when driving – it can be deadly
You can control whether or not you tailgate other vehicles. However, you have no control over other drivers on the road. Continue reading to learn tips to stay away from tailgaters while driving.
How to Stay Away From Tailgators
Tailgating isn’t always due to intentional recklessness. On the contrary, most tailgaters are not aware of their proximity to the car in front of them due to several factors such as:
- Driving while fatigued
- Driving while distracted
- Driving aggressively
- Drunk or drugged driving
Suppose you notice a car tailgating your vehicle or another close-by vehicle. In that case, it’s recommended that you move your car to the shoulder and allow the tailgater to pass.
If that’s not possible under the circumstances, take the soonest turn off the road or highways that you can. If you’re unable to get away from another car driving too close to yours, it may be helpful to drive a bit slower. That may incentivize the tailgating driver to switch lanes.
The most important thing here is to pay attention to other drivers around you and take precautions when you notice tailgating. Doing so could save you a lot of frustration, pain, time, and potentially, money.
Who’s at Fault in Tailgating Accidents?
In most cases, the tailgater is liable for accidents. The logic is that they may have avoided the accident if they allowed the recommended space between the next car. However, in some cases, the lead driver is liable for tailgating accidents.
A few possible scenarios that could result in the lead driver being held liable for an accident include but are not limited to:
- The lead driver unlawfully or recklessly pulled in front of the rear driver
- The lead driver slams on the brakes for no apparent reason
- Instances of road rage or insurance fraud
- Drunk or drugged driving
- The lead driver was distracted
It’s not easy to prove the lead driver is responsible for a car accident. However, it’s not impossible either.
If you’re involved in a rear-end collision (where you believe it was the lead driver’s fault), it’s in your best interest to identify as many eyewitnesses as possible before leaving the scene.
What to do If You Are Injured in a Tailgating Accident
Common injuries in tailgating accidents include whiplash, traumatic brain injury (TBI), injuries to the lower extremities, facial injuries, and more. If you’re injured in a rear-end collision, it’s in your best interest to take the following steps:
- Check on the other driver’s involved in the accident
- Contact the police, notify your insurance, and call an ambulance if necessary
- Call an experienced auto accident lawyer
- Collect evidence at the scene (i.e., pictures, videos, eyewitness information)
- Seek immediate medical attention
If you’ve been injured in a tailgating accident in Florida, working with a proven auto accident lawyer can be the difference between maximum compensation and no compensation.
Contact Schrier Law Group for your free initial consultation with a proven auto accident lawyer in Florida today.
No one likes going to the dentist’s office, but it’s a necessary task. Unfortunately, sometimes patients leave the dentist’s office with more than they bargained for; Injuries caused by a dentist’s mistake.
If you’ve suffered injuries due to dental malpractice, you may be entitled to compensation for your damages. However, filing a dental malpractice lawsuit isn’t an easy task.
We recommend working with an experienced medical malpractice attorney to give yourself the best chance at maximum compensation for your injuries. Contact Schrier Law Group for your free initial consultation today.
Continue reading to learn about dental malpractice in Florida and what you can do about it.
Dental Malpractice Defined
Like other medical professionals, dentists can be held liable professionally and monetarily for mistakes or negligent acts committed while practicing dentistry.
When a patient incurs physical injuries as a result of errors made by a dentist, they have the right to file a dental malpractice suit. A few of the most common types of damages awarded in dental malpractice suits are:
- Compensation for injuries and treatment
- Money for mental and emotional pain and suffering
- Damages for lifelong injuries sustained as a result of dental malpractice
- Money for decreased satisfaction in life due to the injuries sustained
Due to the sensitive nature of dental work, instances of dental malpractice could lead to severe injuries up to wrongful death. If your family member suffered wrongful death or is at the brink of death due to negligence by a dentist, we can help.
Contact us to speak with a proven medical malpractice lawyer for wrongful death in Florida today.
How Can You Prove Dental Malpractice?
Winning a medical or dental malpractice suit requires you to prove the dentist was negligent in their duties. Alleging negligence is often not enough. Florida medical malpractice law requires you to prove that:
- The dentist owed you a duty of care
- The dentist did not meet that duty of care due to negligent actions or inactions
- You were injured due to the dentist’s negligence
- You suffered verifiable damages
Generally, if a dentist does not meet professional standards of care, they may be liable for any injuries caused. A successful dental malpractice claim requires the following:
- The dentist’s negligence is a direct cause of your injuries, and
- You suffered injuries
However, proving that a dentist breached their duty of care is not always an easy task. In many cases, that requires a skilled medical malpractice lawyer, strong evidence, expert witness testimony, and more.
It’s important to note that errors, mistakes, and acts of negligence that don’t result in injuries are not eligible for medical malpractice suits.
What Are The Main Causes of Dental Malpractice
Dental malpractice suits require the dentist to commit unreasonable actions that breach the duty of care. Common examples of negligence include but are not limited to:
- Inadequate sterilization that leads to disease and/or infection
- Dangerous administration of anesthetic
- Lack of adequate monitoring after a major surgery
- Lost medical records resulting in allergic reactions
- Misdiagnosed diseases
- Temporary or permanent disfigurement caused by dental procedures
What To Do If You’ve Been Injured By a Dentist
Medical malpractice cases are incredibly complex and difficult to win. With that in mind, if you have a strong case and a good medical malpractice lawyer, your chances of winning are much higher. It’s in your best interest to take the following steps immediately after you’ve sustained an injury by your dentist:
- Immediately change dental providers
- Take pictures of the damages
- Request copies of your medical records
- Strictly follow orders prescribed by your new dental provider
- Keep a journal detailing your injuries, pain, rehabilitation efforts, etc.
- Contact a Florida medical malpractice attorney as soon as you can
Contact an Experienced Medical Malpractice Attorney Today
Filing a dental malpractice claim without the help of a medical malpractice lawyer is a recipe for disaster. An experienced attorney can help you:
- Identify the breached duty of care or act of negligence
- Monitor the severity of your injuries
- Record and explain the extent of your pain and suffering
- Determine how much your claim is worth
- Find and hire expert witnesses
- Decide the best time to file a dental malpractice claim
Dental malpractice claims are notoriously complex. However, a skilled medical malpractice attorney can help you and your family fight for the compensation you deserve.
Our malpractice lawyers at Schrier Law Group are compassionate, experienced, and ready to aggressively pursue maximum compensation for your injuries. Contact us today for your free initial consultation.
The legal advice offered by an experienced auto accident lawyer can save you time, frustration, and a lot of money. However, if you wait too long, your injuries may worsen, and you could lose your right to ever recover damages.
Are you unsure if you should call a Florida auto accident lawyer after your accident? Listed below, are a few of the most common examples of when an accident attorney can benefit you.
- An insurance company requests medical records from before the accident
- An insurance company has made you a lowball offer
- An insurance company is offering a structured settlement rather than a total lump sum
- It’s difficult to prove that you lost wages
- It’s unclear who is responsible for an accident
- More than one party may be liable for the accident
- You require assistance negotiating a fair settlement
- You’re unsure how to calculate your damages
Contact the auto accident lawyers at Schrier Law Group today for a free consultation – we can help. Continue reading to learn when you should call an attorney after a car accident.
Should You Always Call a Lawyer After an Accident?
Accident victims who seek skillful legal representation typically fare much better in settlement negotiations. Accident law experts recommend seeking legal representation when:
- An insurance company denies your claim
- Liability is unclear
- The case may require expert investigators or witnesses
- The insurance company is making lowball offers
- The injured party is a minor
- The other party has filed a lawsuit against you
- You are injured and have significant medical bills
- You are not at fault or partially at fault for the accident
- Your quality of life has been affected by your accident
- You are temporarily or permanently disabled because of the accident
Waiting to call an attorney could harm your claim. For negligence lawsuits, there is generally only a four-year time limitation for when you must file a lawsuit within. If a family member or loved one tragically died, due to a negligent driver in a car accident, then you often only have two years from the date of the death to file a lawsuit for wrongful death.
According to Florida Statute 627.736, (the Florida Pip Statute), you only have 14 days to see a doctor after an auto. accident. If you fail to seek medical treatment promptly and within 14 days, after you sustain injuries from an auto accident, the Pip insurance company will almost always legally deny paying your hospital and your medical provider’s bills that would typically be paid by your Pip Insurance Company under Florida’s no fault laws.
What is Comparative Negligence?
If there is an accident, then comparative negligence leads to the division of monetary compensation, from each careless party, based on the fault that each party is found responsible for. If the total value of your negligence case was determined to be worth $200,000 and two drivers caused the accident, (one driver was determined to be 80% at fault and the other driver found to be 20% responsible), each driver would contribute a proportional percentage of their fault for the accident. ($160,000 & $40,000 respectively).
Insurers use comparative negligence to determine how much blame or fault to accept, before paying you for your claim & case. Florida’s comparative negligence statutes award damages for accidents proportionally based on the determination of the degrees of each party’s negligence.
What if the Driver Leaves the Scene After an Accident in Florida?
Under Florida Statutes, Sections 316.061-316.063, individuals who leave the scene of an accident that involves bodily injury, property damage, or death violate the law. If one leaves the scene after causing an injury, it is a felony in Florida.
A person can be convicted for leaving the scene of a Florida accident if they:
- Operate a vehicle involved in an accident, and it led to severe injury or death of another person or property damage.
- You were aware, or you should have been aware that you were involved in an accident, but you still fled the scene.
- You willfully chose to leave the scene without providing identifying information to the other person or calling the police.
- You failed to offer much-needed assistance to another individual involved in the accident.
A knowledgeable Florida accident attorney can support those who are victims of hit and runs and those who have been falsely accused.
How Can an Auto Accident Lawyer Help Me?
Hiring an auto accident attorney can improve your chances of recovering money damages in your case. Personal injury law experts recommend hiring a lawyer when it’s not apparent what your damages are or who is at fault.
Negligence and liability aren’t always easy to establish. For that reason, hiring a skilled investigator could make a big difference in your case. It’s important to note that once you’ve accepted an offer from the insurance company, you most likely will also forfeit your right to ever pursue additional damages.
With that in mind, it’s in your best interest to consult an attorney before settling your own case or before signing any papers given to you by an insurance company.
Contact Schrier Law Group Today
Your attorney will protect your rights, explain your legal options, and guide you through the auto accident claims process. Auto accident attorneys handle many matters, including investigating your case, gathering evidence, dealing with insurance companies, filing lawsuits, negotiating, and representing you in court if negotiations fail.
Don’t wait until it’s too late to file an auto accident claim. Call 1-800-700-PAUL today to schedule your free initial case review.
Florida routinely ranks in the top 10, of all of the states in the U.S., for the total amount of car accidents, as well as for the number of uninsured drivers. Knowing what highways are the most dangerous in Florida can help you potentially avoid accidents the next time you take a drive.
This article discusses the deadliest roadways in Florida, the most common reasons for car accidents, and what steps to take if you are involved in a car accident.
If you’ve been injured in a collision, it’s in your best interest to consult with an experienced auto accident attorney as soon as possible. Our attorneys, at Schrier Law Group, have successfully represented auto accident victims for more than 40 years. We can do the same for you.
Contact us today to learn how we can help you get the most compensation possible for your case.
The Deadliest Highways in Florida
Some roads in Florida are more dangerous than others due to conditions, congestion, and many other factors. Some of the most dangerous highways in the state include, but are not limited to:
- Interstate 4 is the busiest in the entire country. Although some may believe that this roadway is haunted, distracted driving and the high amount of motor vehicles on this interstate make it riskier for Florida drivers.
- Interstate 10 is one of the main east-west highways in Florida. The highway’s popularity makes it susceptible to traffic, and the higher speeds increase the risk of accidents.
- The Ronald Reagan Turnpike goes through 11 counties in Florida and runs north to south throughout the state. This route is popular for commercial vehicles, making it more dangerous for motor vehicle travelers.
- Interstate 95 stretches down the entire east coast. It is also one of the most dangerous stretches of highway in the U.S. Its daily traffic and heavy congestion, due to thousands of car and truck users, make I-95 more dangerous for everyone.
What Are the Most Common Reasons for Accidents in Florida?
Accidents can happen for any reason, including road conditions, negligent drivers, and many others. The most common driving behaviors that increase the risk of accidents include:
- Aggressive driving – speeding, cutting off other drivers, switching lanes without signaling, aggressive honking, tailgating, road rage, and other avoidable acts commonly contribute to Florida car crashes.
- Distracted driving – accidents are a significant problem, due to the overuse of smartphones, especially texting, while driving. Other dangerous behaviors include eating, talking to passengers, caring for pets or children, changing the radio, reading directions, and more.
- General traffic infractions – Falling to signal or yield the right of way, running stoplights, driving over the speed limit, and making illegal turns are some of the most common reasons for Florida auto accidents.
- Drunk driving: More than 5,000 accidents are caused by intoxicated driving in Florida each year.
How Can I Stay Safe While Driving on Florida Highways?
Exercising caution, while driving on Florida’s roads, is one of the best strategies for staying safe. The following tips can also keep you and your family safe while sharing the highways:
- Avoid distracted driving on Florida highways by stopping at rest stops, welcome centers, and service plazas when you want to use your phone.
- Avoid pedestrians, bicyclists, and skateboarders when driving, and practice safe driving techniques when they are nearby.
- Don’t drive while you’re intoxicated, impaired, or fatigued. Drivers can be held criminally liable for injuries, deaths, and accidents caused by their negligence.
- Take a safe driving course to brush up on your skills, familiarize yourself with Florida traffic laws, and learn defensive driving techniques.
What Steps Should I Take if Involved in an Accident in Florida?
If you suffer severe injuries from your crash, you have the right to file a lawsuit for damages against the at-fault party, generally within four years of the date of your accident. An adept Florida auto accident attorney can:
- Help you file the claim
- Conduct an independent investigation
- Negotiate with the insurance company
- Represent you in court (if necessary)
- Assert your rights
- Seek maximum compensation for your damages
Although Florida is a no-fault state, it’s still imperative to report the crash to the police, to obtain a crash report, and to file your insurance claim as soon as possible. Failing to act, after your accident, could result in you losing your right to ever bring a case or it could cause you to lose your case.
Contact an Experienced Florida Auto Accident Attorney Today
If you’re injured on one of Florida’s most dangerous highways, the auto accident attorneys at Schrier Law Group can help you recover the money that you deserve. We’ve helped clients recover millions of dollars in damages.
Our attorneys are compassionate, devoted, and we are extremely successful by using creative legal strategies to aggressively pursue the maximum compensation on behalf of all of our clients.
Don’t wait until it’s too late to file an auto accident claim. Call 1-800-700-PAUL today to schedule your free initial consultation.
Homeowners’ insurance typically covers hurricane damage caused by wind and rain. However, where you live and the policies you carry determines what deductibles apply.
Your insurance policy is a contract. Frequently, insurers use ambiguous language to deny coverage and to avoid or decrease claims payouts. Our homeowner’s insurance claims lawyers will help you sift through the confusing language used in all homeowners insurance policies.
If you have questions about your homeowners’ insurance coverage, contact an experienced homeowners insurance claims attorney at Schrier Law Group today for your free case review.
Listed below are a few tips to help you determine if your home is ready for hurricane season in Florida.
Does Home Insurance Cover Hurricane Damage in Florida?
Most homeowners insurance covers your home in the event it is damaged from hurricane winds. However, storm surges and flood damage, after a hurricane, may not be covered by your homeowner’s insurance policy.
What is a Deductible?
A deductible is the amount that you pay before your insurer reimburses you for the remainder of a loss. A hurricane deductible is usually a percentage of the total amount of home insurance coverage. For example, a 3% hurricane deductible, on a $100,000.00 policy, would mean that you need to pay $3,000 before your insurer covers the rest of your damages.
If you are unsure where to find your insurance deductible information, look on your policy’s declaration page or contact a homeowner’s insurance claims attorney at Schrier Law Group to discuss the actual coverage that you have paid for.
Types of Homeowner Insurance Coverage in Florida
Hurricane season occurs between June and November in Florida. You can prevent unnecessary stress by ensuring that your policy has the optimal amount of protection for your home’s hurricane risk.
What is Dwelling Coverage?
Dwelling coverage covers all the parts of your home. That includes the structure of your home, your roof, and your built-in appliances. Your dwelling coverage limit should amount to the total cost of rebuilding your home. Many homeowner’s insurance professionals recommend extended or guaranteed replacement cost coverage, for higher coverage limits.
What is Personal Property Coverage?
Personal property coverage covers all the property you own, that is not physically attached to your house. This may include your clothing, jewelry, furniture, appliances, and more. Make sure that all of your belongings are insured at their replacement cost just in case they’re destroyed in a hurricane.
Depending on where you live, it can be beneficial to get additional loss of use coverage. This coverage can help you support yourself while your home is being rebuilt in the wake of a tropical storm.
What Additional Insurance Coverage Should I Consider?
Unfortunately, standard homeowner’s insurance policies don’t cover everything. In many cases, there are massive gaps in coverage that could leave you and your family in a difficult situation in the event of a hurricane.
Coverage gaps can be scary. Insurers often rely on them to avoid paying out claims. The following types of insurance can fill in those gaps in coverage:
- Debris removal coverage covers the costs associated with removing fallen trees or power lines after a hurricane.
- Flood insurance insures your home against most types of flood damage. According to the Insurance Information Institute, 90% of natural disasters include some form of flooding.
- Water backup insurance protects your house or belongings if your sewage water becomes backed up into your home through your plumbing.
- Windstorm insurance might not be included in your policy if you’re in a high-risk state like Florida. You may require separate windstorm coverage to protect your home from wind damage.
What Are the Benefits of Working with a Homeowner Insurance Claims Lawyer?
Florida insurance laws can be complicated. That’s why we recommend working with an experienced homeowner’s insurance claims lawyer. A homeowner’s insurance claims attorney can be helpful in the following situations:
- You and your insurance company disagree on compensation amounts
- It’s an expensive or complicated claim
- Your claim or coverage is denied
- The insurance company is taking too long to respond to your claim
- Lowball payouts
Negotiating with insurance adjusters is not an easy task. In most cases, it involves extensive paperwork, follow-up, knowledge of Florida’s homeowner’s insurance laws, and a lot of energy.
A lawyer is not required for every homeowner’s insurance claim. However, if a dispute arises, it’s almost always a good idea to at least consult with a lawyer.
Contact an Experienced Florida Homeowners Insurance Claims Lawyer Today
If you’re battling with your homeowners’ insurance company, you don’t have to do it alone. We can help. Our homeowners’ insurance attorneys at Schrier Law Group are prepared to fight for the maximum compensation for your claims. Call 1-800-700-Paul today to schedule your free case analysis.
Floridians experience hurricane season from June through November every year. Thoroughly preparing for hurricanes and the severe weather systems that come along with them could save your family’s lives.
There are many guidelines that are offered to Floridians. Yet, many remain concerned because they are not confident whether they have done enough to adequately protect their family’s from these destructive storms. This is a well-founded fear because devastating hurricanes often cause millions upon millions of dollars of damage to our homes, businesses, to Florida’s Coastline.
For that reason, we have listed just a few tips so that you can begin to get ready for hurricane season in Florida.
Get Homeowners Insurance in Florida
Your home is one of your most valuable investments. That’s why it is so important and often required to have homeowner’s insurance in place. Even the best homeowner’s insurance policies may not cover all storm damage. It is therefore essential to secure the best possible homeowner’s policy to suit your needs.
A standard homeowner’s insurance policy may not cover you in the event that you have a flood in your home. However, you can often purchase flood insurance separately through the National Flood Insurance Program, or you can try to secure a private policy that provides coverage for floods.
Standard homeowner’s policies cover damage caused by wind, but Florida residents may need to buy additional windstorm insurance. If you have questions about your policy and want to review your coverages with an experienced homeowners insurance claims attorney, contact Schrier Law Group so that they can provide you with the information that you need to know for your family’s well-being.
Develop a Hurricane Preparedness Checklist
When a powerful storm system approaches, a clear plan can give your family confidence that they are safe. Knowing what your actions will be and what procedures you will take ahead of time will often prevent family members from acting while they are panicking and lead to more prudent decisions and outcomes. Aside from a good homeowner’s insurance policy, here are some specific steps you can take in your hurricane preparedness checklist:
- Write down your emergency phone numbers and keep them on your refrigerator, as well as near every phone in your residence. It would also be a good idea to save the emergency telephone numbers on your cell phone.
- Choose a few emergency shelters that you can go to and plan multiple routes to each location, just in case one of the routes is not accessible. Save the locations in the GPS application on your phone beforehand to maximize the time and ability that you will have to get prepared.
- Make plans for your pets in the event of an evacuation: Pre-identify shelters, potential pet-friendly hotels, or speak with out-of-town friends or relatives to find out if you can bring your pets & stay with them. Local animal shelters may offer assistance as to what you can do with your pets in the event of a hurricane emergency.
- Keep your electronic devices with backup energy sources as fully charged as possible while still having electricity. Turning your refrigerator and freezer to the coldest settings could help food last longer in the event that you lose power.
- Prepare an emergency supply and first aid kit, just in case.
Stock Emergency Supplies
A hurricane can cut off your power and water supplies, and it’s obviously important to be prepared. You may not be able to drive because roads often become flooded or blocked by trees or telephone poles and/or lines. Stocking up on the following items can help you become better prepared for hurricane season:
- Emergency non-perishable food and water supply. Plan for at least a gallon of water per day
- Emergency medicine and medical supplies like a first aid kit. It’s a good idea to gather about a week’s worth of first aid supplies.
- Flashlights, extra batteries, and bulbs
- Safety and practicality items like a pocket knife, manual can opener, a whistle, and sunscreen. Also, gather several days’ worth of clothes.
- Important documentation, including your medical documents, COVID-19 vaccine records, wills, passports, and personal identification
- Fire extinguishers: make sure everyone in the house knows where it’s located and how it functions
- Battery-operated or hand-crank radio, extra batteries if needed
- Wet wipes, toilet paper, and other personal hygiene supplies
- Non-electronic entertainment sources, like board games, books, crayons, and cards
- Pet supplies, including food, fresh water, medications, and immunization records
Special Tips for Seniors in Florida During Hurricane Season
Hurricanes may strike without much warning, so it’s crucial for seniors, especially those with chronic illnesses, to be ready for them. If you or a loved one is older or disabled and can’t leave quickly, here’s some advice on what to do:
- Call the hospital, public health department, or the police about your special needs and get their recommendations
- Consider a respite stay at an assisted living community. Senior living communities have hurricane safety protocols in place to protect older adults and are required to have backup power generators.
- Establish designated meeting spots, including ones outside your neighborhood if you can’t return home
- Take photos and videos of your home and possessions just in case you have to make an insurance claim and upload the photos into the cloud for easy access.
Contact Schrier Law Group Today
Remember, any severe storm can be deadly and destructive. One of the best things you can do is to be prepared for the worst-case scenario and then stay up-to-date on what the emergency officials are advising.
It’s vital to keep your home and family safe during hurricane season. Call Schrier Law Group today and learn more about your options this hurricane season. Our experienced homeowner’s insurance attorneys are ready to help you gain peace of mind and compensation in the event that you sustain property damage, and your homeowner’s insurance company refuses to pay, or the insurance company refuses to pay the fare and proper cost to repair or to replace your damaged or destroyed property.
Schrier Law Group takes pride in reading every clause in your insurance policy to determine whether you can enforce the terms and conditions necessary to win your case. Insurance policies are contracts, and ambiguities within your contract or an insurance policy, shall be construed against the drafter of your insurance policy. We also rarely get paid by our clients when we accept a Homeowner’s case because the laws in Florida were designed to permit the prevailing party to get their attorney’s fees and costs paid by the losing party.
All of us at Schrier Law Group arrive at work each day in order to provide a benefit to our clients, and we are here to listen and get you the most possible lawful compensation for your Homeowner’s case. While we never want anyone to sustain damage to their homes, we will be here for you if you need to hire Schrier. Call Schrier Law Group, at (800) 700-PAUL, for a free case evaluation.
If your loved one was killed because of another party’s negligence, you may be able to bring a wrongful death case. In Florida, not everyone can bring a wrongful death claim or file a wrongful death lawsuit. There is a specific Florida Statute that lists those who are authorized to file a wrongful death case.
If you want to be compensated for the tragic, avoidable, and wrongful death of a loved one, it is important that you do not wait until it is too late to retain an attorney to pursue monetary compensation for your loss. Contact an experienced wrongful death lawyer at Schrier Law Group today for a free case review.
What is Considered a Wrongful Death in Florida?
Florida statute 768.19 states that wrongful death happens when someone dies as a result of a separate person’s “wrongful act, negligence, default, or breach of contract or warranty.”
In other words, a wrongful death occurs when someone passes away because of the fault of another party. Here are a few examples of wrongful death scenarios:
- a negligence-based incident
- medical malpractice
- a defective product
- an intentional or criminal act
Who Can Sue for A Wrongful Death in Florida?
In most states, a deceased person’s relatives can file a wrongful death lawsuit. However, Florida statute 768.20 indicates that only the personal representative, appointed for the estate of the deceased, can file a wrongful death case for the specific family members who can recover.
The personal representative is also referred to as the executor of the estate. The individual who files a wrongful death claim or case acts on behalf of the decedent’s estate. While filing the case, the estate executor or Personal Representative must also submit a list of potential beneficiaries.
These primary beneficiaries may include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Minor children of the decedent are legally defined as those under the age of 25. They are generally entitled to recover more significant damages than those adult children 25 and over. One of the reasons being that many children under the age of 25 are often dependent upon the decedent for support.
Other dependents and/or family members of the decedent may also recover damages, but there are specific requirements that must be met. There are many intricacies involved in handling Florida wrongful death cases. That is why it is so important that various family members take advantage of the Free Consultations offered by most law firms that handle wrongful death cases. Of course, it would be prudent to speak with a highly experienced lawyer and one who is extremely knowledgeable about all of the family member’s rights under the Florida Wrongful Death Statute.
The attorneys at Schrier Law Group will ensure that every family member who is entitled to monetary compensation will be protected. Justice for you and your family starts now by placing a call to Schrier Law Group at (800) 700-7285 or (800) 700-PAUL.
What is the Statute of Limitations in a Wrongful Death Case?
The statute of limitations, referenced in the Florida Wrongful Death Statute, is two years. That means that one must generally file their claim or bring their case within two years from the date of the wrongful death, or they will most likely lose their right to ever bring a case. However, there are often pre-suit notice requirements that must be met prior to the expiration of the two-year Statute of Limitations. However, every case is different and must be determined based on the law governing the specific case at hand.
While the loss of a loved one brings on the most challenging time in our lives, it is also a time where it is unfortunately imperative to seek out the advice of an attorney who is of the highest caliber, an extremely experienced attorney who understands what you are going through and an attorney who you trust to protect and to preserve your right to bring a case under Florida’s Wrongful Death Laws.
Failure to adhere to all of the requirements regarding the Statute of Limitations under the Florida wrongful death Statute could very well prohibit the decedent’s personal representative from recovering lawful compensation for the victims, who are suffering and who should be the lawful appropriate beneficiaries under the Florida Wrongful Death Statute.
Most Common Types of Wrongful Death Claims in Florida
Wrongful death cases could be caused by many of the following common factors and situations:
- Defective, poorly designed, and mislabeled products have, all too often, caused wrongful deaths. When products are poorly designed, assembled, or manufactured, and the carelessness contributes to or causes an avoidable death of a loved one, a lawsuit may be filed against the at-fault party.
- Automobile accidents can result in devastating consequences and even tragic deaths. In fact, auto accidents are one of the most common events that lead to the filing of wrongful death cases in Florida. If an accident occurs because of poor highway or road conditions and the poor conditions were caused by a lack of maintenance or a defect that was known by or should have been known by a municipality, there is a chance that the city, county, or the state of Florida may be responsible for the family member’s damages under the wrongful death statute.
- Medical malpractice does take place, despite the fact that most healthcare professionals usually provide excellent care. Unfortunately, no one is perfect, and mistakes do occur. When a physician’s misdiagnoses or negligent error causes the death of a loved one, it can result in the family member’s right to recover monetary compensation for the wrongful death of their loved one.
- Workplace hazards are obviously vastly different, depending on the industry that one works within. There are many occupations that pose risks, which are not taken seriously enough or which are not up to Federal or State safety standards. In certain situations, employers can be held responsible for paying damages in a wrongful death negligence case and also avoid certain protections that worker’s compensation cases may provide, even if an accident & resulting death occurs while the decedent was working.
- Intentional criminal actions can lead to criminal and civil proceedings. Families may sue the responsible offenders in a wrongful death lawsuit, even if the offenders were either acquitted, never changed with a crime, or imprisoned.
Potential Wrongful Death Damages in Florida
If you are successful in bringing a wrongful death case, the Jury or Court will generally order the defendant to pay monetary damages for the following:
- Loss of the support and services that the deceased provided
- Loss of companionship and protection
- Mental pain and suffering
- Loss of parental companionship, instruction, and guidance
- Medical and funeral expenses
In Survivor Actions, the deceased person’s estate may recover certain damages, including lost wages, other benefits, as well as earnings from the date of your loved one’s injury to the date of their death.
Contact a Proven Florida Wrongful Death Lawyer Today
Wrongful death case law is constantly evolving, and changes can lead to confusion and what appears to be, conflicting rulings by our Courts. If you are thinking about filing a wrongful death case in Florida, it is wise to consider consulting with a skilled personal injury & wrongful death attorney. An experienced personal injury lawyer will generally be able to explain how the most up-to-date wrongful death laws apply to your specific situation.
An adept wrongful death lawyer can advocate for your rights, thoroughly investigate your case, and either go to trial on your behalf or negotiate a settlement with the defense for maximum compensation.
At Schrier Law Group, our Florida elite personal injury and wrongful death attorneys are here to assist you & your family members so that you receive the most potential compensation for your case. While money is never the complete answer, and we often want justice from the negligent party who took our loved one from us. The legal teams in Schrier Law Group will work tirelessly to recover everything possible within the bounds of Florida Law. We have the resources and the necessary skills to win your wrongful death cases, and you will never pay our law firm fees or costs until we win your case. We also offer compassionate assistance and strive to make you feel comforted throughout the legal process.
Contact Schrier Law Group today for a Free Case Review. We can be reached 24 hours, 7 days per week, at (800) 700-PAUL. Don’t be fooled by others. Get the money that you deserve for your loss.
If you speak to most Florida car accident lawyers, they will often have interesting stories about specific automobile accident cases, in which it was challenging to determine the complete liability picture or the causation between the type of impact and the injuries complained of, and then amazed at the amount of monetary compensation that they were able to recover for their clients. There are various reasons why the best attorney’s in Florida can face even more obstacles in cases that involve clients who were injured as passengers in Rideshare vehicles, including Umber, Lyft, etc.).
Why Are Ridesharing Cases Confusing?
The reason why ridesharing vehicles, such as Uber & Lyft auto accident cases, pose additional obstacles for lawyers and their clients is because the courts and the legislature had not determined enough guidelines. Until recently, it had not been determined whether Uber and/or Lyft entities were deemed to be employees or contractors. That also means that the Uber and Lyft drivers were not defined as either independent contractors or employees until recently as well. Florida has a no-fault system.
Meaning, if a Floridian owns a vehicle for which security is required, their own insurance company must generally pay their medical bills, regardless of who is at fault. No fault coverage, often referred to as PIP coverage, pays for the first $10,000 of medical expenses, lost wages, plus an additional $5000 for funeral/burial expenses, subject to the deductible that each owner of a vehicle carries. Additionally, much has changed since 1971, when No Fault Law first came into existence in Florida.
Insurance Policies and Ridesharing Companies
Automobile insurance premiums have only risen, time and time again, since 1971. However, PIP Insurance Coverage, which used to pay 80% of medical bills submitted and 60% of lost wages submitted, has actually taken many steps backward. The best Pip Insurers will generally pay less for the medical care that is received by an injured automobile accident victim today than in 1971.
The laws in Florida regarding Uber & Lyft cases can present a web of obstacles and potential complications for particular lawyers. That is why it is most important that Floridians use the services of a top Uber, Lyft, and Rideshare accident attorney. While there are many general negligence lawyers in Florida, the experienced lawyers are often thorough, up to date as to new laws, and they understand how & when each insurance coverage applies.
The attorneys and legal teams in Schrier Law Group have been successfully handling rideshare cases for both drivers and passengers since Uber first began doing business in Florida.
There are distinctions to be made for various scenarios, and lawsuits may have to be filed against certain insurers when the right insurer denies coverage and refuses to honor the driver’s or the passenger’s coverage under their insurance policy. One of the main issues that determine which insurance must provide coverage often centers around whether the Uber or Lyft driver was on the clock and driving a fare or the driver was driving their vehicle, but not actually on the clock for providing Uber or Lyft services.
At Schrier Law Group, it bothers us when we learn that the right insurer has denied its obligations to provide coverage, whether under the Uber or Lyft drivers policy or under the policy of the entities, Uber or Lyft. There are many wrongful denials of insurance coverage involved in the handling of Uber, Lyft, and other Ridesharing accident crash cases. The right Florida car crash lawyer must be able to assist Uber & Lyft injured accident victims.
Understanding Florida’s No-Fault Rules & Uber Accidents
Suppose you are a passenger and you are involved in an Uber accident because another driver is careless (other than the rideshare driver). In that case, you will most likely be able to recover monetary damages from the at-fault driver’s insurance.
If the careless, other driver is underinsured or does not have insurance, you may have to rely on your own Personal Injury Protection (PIP) insurance. It covers a percentage of your medical expenses and potentially other economic damages.
Since Florida is a “No-Fault State,” all motor vehicle owners must have at least $10,000 of PIP insurance coverage. Uber passengers are not required to have PIP insurance, but if they do, they may be eligible for PIP benefits under their own policy.
Additionally, the “at fault” driver’s insurance (if they have insurance) must pay 20% of the approved and authorized PIP amounts paid to the victim, as well as all “reasonable, related, and medically necessary bills” for the damages not covered by PIP insurance.
What If the Uber Driver Is at Fault?
If you are an Uber passenger involved in an accident and the Uber driver is at fault, Uber’s insurance may cover accident-related expenses up to $1 million. However, if the Uber driver isn’t logged into the app when the accident occurs (and you are still their passenger), you must seek damages from their personal insurance coverage.
What Damages Can I Recover After an Uber Accident?
If your Uber driver causes an accident that leads to injuries, you may be eligible to seek damages for many reasons. These reasons include, but are not limited to:
- Healthcare costs: hospital bills, physician appointments, medication costs, physical rehabilitation, etc.
- Lost income: income lost due to missed work or decreased wages due to injuries caused by the car accident.
- Pain and Suffering: decreased quality of life, mental health damages, ongoing physical pain, etc., resulting from the accident.
- Loss of a loved one: the anguish, loss of companionship, decreased income caused by the death of a loved one due to an Uber accident.
It’s important to note that it’s not always easy to get the compensation you deserve after an Uber-related accident. That’s why it’s essential to work with an Uber car accident lawyer who won’t stop until you get maximum compensation for your injuries.
What Steps Should I Take After an Uber Car Accident?
Uber & Lyft are multibillion-dollar companies with unlimited resources at their disposal. With that in mind, it can still be challenging to get the compensation that you deserve after suffering injuries in an Uber accident. Listed below are a few steps that you should take immediately after a collision occurs and you are injured.
- Seek immediate medical attention
- File a police report
- Collect insurance and contact information from all parties involved
- Take videos and photos of the scene and your injuries
- Contact an Uber car accident lawyer as soon as possible
By following these steps, you will be helping your own case go smoothly by providing your car accident attorney with important evidence to build a strong case on your behalf. The better the evidence, the more likely your lawyer will be in a position to negotiate the most money possible for your injuries.
Contact a Florida Car Accident Lawyer Today
If you were injured in an Uber accident, the car accident lawyers at Schrier Law Group can help you get the money you deserve. We’ve helped countless clients recover more than 500 Million Dollars in damages over many years. Why not you?
Recovering the most money possible for our clients is one of our daily goals. You should not have to think twice or worry about who will pay for your medical bills, lost wages, future loss of income, pain & suffering, or the other monetary damages available to an injured accident victim. When you hire Schrier and the lawyers at Schrier Law Group, you are securing peace of mind that you will have a skilled Florida Rideshare accident attorney handling your case.
Have you suffered injuries as a passenger in an Uber or Lyft vehicle? If so, it’s in your best interest to consult with an experienced car accident lawyer as soon as possible. All too often, Uber, Lyft, and other ride-sharing passengers have been assaulted, raped & killed by Uber Lyft and other Ridesharing entities drivers. By the same token, these tragic occurrences also have occurred way too often to the drivers of Uber and Lyft vehicles.
If you or a loved one is physically assaulted or even tragically killed because of the unthinkable actions of an Uber, Lyft, or other Ridesharing driver, Schrier Law Group can help because we know that many of the hiring processes and background checks have often left too many stones unturned. The attorneys at Schrier Law Group handle cases. We can often bring a case against the Ridesharing companies for either the negligent hiring of a driver or for negligent retention of a driver who was not fired after they already showed a propensity to commit violent or horrific acts.
Our attorneys at Schrier Law Group have aggressively and compassionately represented car accident victims for more than 45 years. We can do the same for you. Contact us today to learn how we can help you get the most compensation possible for your case.
Many children enjoy swimming and they create great memories by all of the experiences that they have in pools and at the beaches in Florida. However, keeping your children and their friends safe, this summer, is a serious endeavor.
Pool-related accidents can occur at any time, even when your children can swim well. Try these simple suggestions, to help keep your children and their guests safe, during the hot summer months.
Learn CPR & Teach Your Child
Although CPR is not part of the Florida public school curriculum, many communities elect to provide courses through other local means. Having someone in your family that can perform CPR could save a life one day.
Teach Your Child How to Swim
All family members can benefit from one another by learning how to swim. It’s never too early to start and to get comfortable around your Florida pool this summer.
Swimming also provides great cardiovascular exercise, teaches perseverance, and is an excellent activity for all Floridians to enjoy this summer. Although learning can be frightening for some children, doing so can be essential to keep all children safe when they are around pools.
Prevent Unsupervised Pool Access
One of the most effective ways to keep your children safe in your Florida pool this summer is to keep them supervised by a responsible adult. Leaving your child unsupervised or under the care of another child can be dangerous. Installing fences or locks can be effective, by preventing unsupervised pool access as well.
Keep a Watchful Eye – Even If They Are Great Swimmers
Child safety experts recommend watching your children without distractions and keeping young children close. Designating a trusted adult, with swimming and CPR capabilities, to supervise a limited number of children in your pool could help keep them all safe. It is also important to watch all children, especially when they are playing near and around pool areas.
Another preventive safety measure is to enact the buddy system. Although the buddy system still requires children to be supervised, having your little swimmers swim in tandem could help prevent accidents from happening.
In the event that a child is in danger and needs help, it is important to make sure that assistance is provided as quickly as possible. Those milliseconds could make the difference between life and death.
Keep Your Safety Equipment Stocked and Close By
The pool cover, pool fence, and pool drain could become hazardous when proper safety precautions are not taken. They all should be inspected & regularly tested by an expert. Rope & float dividers can help children stay in the area of the pool that matches their swimming level.
Having life jackets or other floating devices available could help to save your children from unforeseen accidents. In addition, having a first aid kit handy could be a life-saver.
Also, a shepherd’s hook or life hook can be used to help save children from drowning. These are just a few of the most essential safety tips and tools for Florida pool users.
Establish Pool Rules With Your Children
Approximately 87% of all children, who are under the age of five and who drown, do so in a backyard pool.
Establishing pool rules and enforcing them can be pivotal in keeping your child safe this summer. Small children can be quick, and drowning can be a silent killer, so the rules that you create and utilize from experts are essential to keep your pool and the area safe for all.
Below are some clear and concise pool rules that child safety experts recommend:
- No swimming without a trusted adult’s supervision
- No pushing, fighting, or horseplay in and around the pool
- No running next to the pool
- No diving
- If someone is in trouble, ask and scream for help, if necessary. Do not wait until it arrives.
- If you have to use the bathroom, walk slowly to a restroom and do not use the pool or run.
Maintain a Clean Pool
Keeping your pool clear of debris could help prevent incidents of drowning. Trash, debris, and other things floating in your Florida backyard pool may prevent your children from using your pool in a safe manner.
It’s essential to cover the pool when it’s not in use and it should be cleaned often in order to maintain a safe pool for your children.
Contact a Swimming Pool Accident Attorney Today
It is important to make sure that your homeowner’s insurance policy includes liability coverage for all claims & lawsuits that could result from incidents/accidents in and around swimming pools. While inconsequential accidents can happen, other incidents can result in injuries and even in tragic deaths. It is important to protect your assets, by having the right insurance coverage, in the event of an accident in or around your home pool.
There are some policies that do not provide coverage for pools and you may need to do research and shop around to find the right coverage to fit your needs
In the event that your child is injured at or near a friend’s pool and the injury is caused by the negligence or the carelessness of the pool owner, a Florida swimming pool accident attorney could help to protect you and your children’s rights this summer. The right negligence attorney can help to ensure that you recover the compensation that you deserve in the event of an avoidable pool accident.
Contact Schrier Law Group today, for a free consultation.
We can be reached at (800) 700-Paul.
If you are involved in an accident, comprehensively documenting of what happened could help support your case; should you choose to hire an attorney. Accidents can be a difficult and bewildering time. Therefore, taking photos of the scene of the accident could help you or your attorney catch some of the most important details that could be missed due to your pain or confusion.
If you’ve been involved in an accident, it may benefit you to contact a car accident lawyer. Your Florida accident lawyer can help you obtain the fair value for your vehicle damage and either negotiate an appropriate settlement for your injury case or advocate for you in court. The right attorney will secure the most compensation for you, by presenting the most relevant evidence to ensure that you are awarded all of the damages that you are entitled to.
Take Photos of The Scene And Your Injuries
They say a picture is worth 1000 words. By taking photos of the accident scene, including the damage done to both vehicles, as well as the position of the vehicles after the crash, you will be in a better position to prove what actually took place. Most of the photos can be used as evidence in court.
Many bruises, cuts, lacerations, and scrapes will eventually heal, but having pictures of your injuries could also help your Florida car accident attorney build a case for you. If you have permanent scars or bruises, Florida Law permits you to obtain compensation for the cost to surgically improve the scars and for the permanent damage that has been done because of the negligence of the other driver. Damages are typically awarded based on proof and many photos can provide additional evidence regarding your injuries.
Take a picture of Your Vehicle and Other Vehicles Involved
Capturing photos of your vehicle and the other vehicles involved after the crash may prevent you from being responsible for damages that you did not cause.
The photos that you take could demonstrate some of the details about your accident that you may not recall months or years later. They also may assist your lawyer and legal team with your case, by proving omissions in witness statements, as well as various inconsistencies that may appear on police reports.
Take A Lot of Pictures and Videos
Taking more videos and photos than necessary may prove useful when it’s time to file an insurance claim or a lawsuit.
The more photos you have, the more likely they can provide context for your accident and help your Florida personal injury law firm tell the story of your accident and why you deserve to recover compensation.
It could also be of use to take photos of the licenses and insurance information of the parties involved. After your accident, things may be lost, especially if your car gets towed, along with your personal possessions inside. Taking photos of everyone’s documentation and evidence can ensure that you have a backup. These photos should also be tagged, with the date of the accident, which may come in handy if the Florida statute of limitations is an issue in your case.
Get Close, Shoot Wide, Cover Everything
Getting close-up shots can help provide more details about the specific elements of your accident. They also can provide some evidence as to how the accident may have occurred. Shooting wide shots also provide context, as to where the accident happened and may provide evidence as to who’s liable. A best practice, post-accident, is to take lots of photos, to cover everything that you think will be helpful evidence, whether for yourself or for your Personal Injury Attorney to use.
Give The Photo a Sense of Scale
Placing a small item in the photo to provide a reference point for your damages or injuries could be very useful. Pictures can show how your injuries have changed over time, especially if they worsen. Using everyday items in your post-crash photos as a reference point could help expedite your injury claims process.
Be Sure To Capture Hazards That Led To the Accident
Capturing photos of what may have contributed to your accident could establish who is at fault and, therefore, liable for the accident.
Proving liability is essential to winning a car accident case, whether in or out of court. It is up to you, the victim, to prove who the negligent party was in your case. By capturing the right photos, you will be able to assist in establishing who the at-fault party was and who should be providing compensation for your case.
Don’t Forget About The Lighting in The Photos
Capturing photos with and without flash could make a difference in the quality of the images. That’s why Florida car accident attorneys suggest taking lots of pictures and changing the lighting options on those photos so that you don’t miss any crucial details.
Factors That Can Affect The Quality Of Your Pictures
Many factors could contribute to the overall quality of your photos. The lighting and the angles you take the photo at can affect the appearance and perception of your accident or injuries. Adjust for the lighting, zoom in and out, and secure videos also, to make sure that you cover all of your bases.
Contact The Schrier Law Group Today
If you need a car accident attorney, they will be able to determine which photos to use, post-accident, to assist you with your case, contact Schrier Law Group at 1-800-700-7285. You may not know about some of the best car accident and negligence law firms because they are not necessarily on tv commercials. Schrier Law Group is known for making a huge difference and for changing the negative perception that too many have about personal injury lawyers. The lawyers, investigators, and assistants, at Schrier Law Group, aggressively and compassionately represent those who have unfortunately been injured victims of negligence.