Suppose your loved one was killed in a Florida car accident due to another driver’s negligence. In that case, you might be eligible to recover maximum damages for wrongful death in Florida. However, your case must meet all wrongful death requirements and be filed within the statute of limitation for wrongful death claims in Florida.
Over the past 40 years, the wrongful death attorneys at Schrier Law Group have represented countless individuals in wrongful death cases. Our lawyers are here to investigate your case, negotiate your claim, and hold all responsible parties accountable for the death of your loved one.
Contact us today at 1-888-831-2688 for your free initial consultation with a proven Florida wrongful death lawyer.
What Constitutes Wrongful Death in Florida?
Generally, a wrongful death occurs when an individual dies due to another party’s negligence, wrongful act, breach of contract, etc. That means that an individual who causes a car accident resulting in death may be liable for wrongful death. It’s important to note that an individual can be responsible for a wrongful death, whether the act was accidental or intentional.
Who Can File a Wrongful Death Claim in Florida?
Suppose the deceased person names a personal representative in their will or estate plan. In that case, the personal representative can file a wrongful death claim on behalf of the deceased’s estate and family.
However, if there is no will or estate plan, the Florida courts will appoint a representative. Generally, the following people can be named in a wrongful death suit in Florida:
- Spouse, parents, or children of the deceased
- Relatives related by blood
- Adopted siblings
If the victim was a child, the parents could file a wrongful death claim. Further, if the deceased was divorced or unmarried, the adult children can file a claim.
7 Damages You Can Recover For Wrongful Death
According to Florida Statute § 768.21, a personal representative can file a wrongful death suit for the following damages, but are not limited to:
- Medical bills – The cost of emergency medical care and other life support measures taken before the death occurs.
- Hospice care – If your loved one suffered serious injuries like traumatic brain injuries, internal bleeding, etc., resulting in the need for hospice care, the costs can be recovered via a wrongful death claim.
- Funeral costs – Funerals are not cheap. The last thing you want to worry about is the cost of burial, a casket, etc. Wrongful death claims can take care of the funeral costs.
- Lost income – Suppose your loved one was the family breadwinner. In that case, the personal representative could file a wrongful death claim for the income lost as a result of their death.
- Lost future income – In addition to lost income, the personal representative can file a claim for the value of income expected in the future.
- Mental pain and suffering – Losing a loved one can cause all sorts of mental anguish and pain. Fortunately, a wrongful death claim can help recover damages for the mental injuries caused by your family member’s death.
- The value of lost support – can include supportive measures like rent, cutting the grass, cleaning the house, babysitting, and much more.
It’s important to note that wrongful death cases are civil claims. However, criminal cases and wrongful death cases can coincide in some instances. Further, each case is independently evaluated by the courts.
If you’re considering taking legal action for the untimely death of your family member, it’s in your best interest to consult a wrongful death attorney as soon as possible. Contact Schrier Law Group today to discuss the merits of your case.
Contact The Best Wrongful Death Attorney in Florida
Wrongful death claims are complex, emotionally draining, and drawn out. With that in mind, it’s essential to work with a personal injury lawyer you can trust who will fight for maximum compensation on behalf of you and your family.
Our wrongful death attorneys are here to walk you through the process step-by-step. When you work with us, you can expect:
- Careful investigation of your case
- Identification of eyewitnesses
- Negotiations with insurers (if necessary)
- Representation in court
- Assistance in settling family disputes about death claim benefits
- An attorney who will fight for maximum compensation for you and your family
The sudden loss of a loved one can be devastating. During this challenging time, focus on yourself and your family, and let us focus on the legal aspect of your wrongful death claim. Contact us today at 1-888-831-2688 to discuss the details of your case with a proven wrongful death lawyer in Florida.
If you’re involved in a boating accident in Florida, it’s essential to know who to report it to, when you are required to report the accident, and what steps to take after a boating collision.
Generally, boat operators involved in a qualifying crash must report the accident to at least one of the following agencies:
- Florida Fish And Wildlife Conservation Commission – Law Enforcement Division
- The Local sheriff’s office where the accident occurred
- The local police department where the accident occurred
Neglecting to file a timely boating accident report to one of the three agencies mentioned above can result in criminal charges and a significantly weaker personal injury case (if applicable).
At Schrier Law Group, we have intimate knowledge of Florida’s boating and personal injury laws. If you or a loved one has been injured due to the negligence of a boat operator, we can help. Contact us today for a free case evaluation with an experienced boating accident lawyer.
Continue reading to learn more about what to do after a boat collision in Florida waterways.
When Should A Boating Accident Be Reported in Florida?
According to Florida Statute § 327.301, boat operators are required to file a written report with an applicable agency if a boat collision results in:
- Serious bodily injury to passengers or operators
- Missing person
- Property damage of $2,000 or more
It’s important to note that the $2,000 threshold applies to the vessel, other vessels, and property damaged within the boat due to the accident. Generally, you must file a boating accident report within 24 – 48 hours. That’s true regardless of where the boating accident occurs.
Types of Boating Accidents That Require Reporting
For the most part, any boating accident that involves property damage above $2,000, death, serious injury, or a missing person must be reported regardless of the type of accident. That includes the following types of boating accidents but is not limited to:
- Multi-vessel collisions
- Single-vessel collisions
- Instances where a boat capsizes or sinks
- Boating accidents caused by water debris, rough water, or inclement weather
- Collisions caused by reckless boating
- Accidents resulting from running aground or striking fixed objects in the water
- Accidents that happen when entering or exiting the water
What Is The First Thing To Do When Involved in a Boating Accident?
If you’re involved in an accident on the water, there are a few steps you are required to take and a few others you should take. They include but are not limited to the following:
- Immediately notify applicable law enforcement agencies
- Seek medical attention
- Provide emergency care if needed
- Exchange information with others involved in the collision
- Stay at the scene until you’ve met your boating accident obligations
- Collect evidence from the scene (i.e., pictures, videos, etc.)
- Identify eyewitnesses and obtain their information
- Contact your boating insurance company
- Consult with a Florida boating accident lawyer as soon as possible
In addition, when filing a boating report, it’s essential to stick to the facts of the case. That means never admitting fault in the report.
Further, stay away from posting about the accident on social media or speaking about it with others. Anything you say, do, or post about the accident can be used against you when attempting to recover damages for personal injuries.
What Damages Can You Recover After a Boating Accident?
Every boating accident case is different. However, depending on the circumstances, boating accident victims may be eligible to recover maximum compensation for the following losses, but not limited to:
- Property damage to your vessel or personal property
- Urgent medical attention
- Transportation to the hospital
- Hospitalization and rehabilitation
- Current and future lost wages
- Decreased earning power
- Pain and suffering
Additionally, suppose the boating collision causes death due to negligence or recklessness. In that case, your family may be able to file a wrongful death claim to recoup damages for loss of companionship, financial support, and more (in addition to the damages listed above).
Contact A Boating Accident Lawyer in Florida Today
Identifying liability in water vessel collisions typically requires the knowledge and experience of an experienced boating accident lawyer. Boat accidents can be especially tricky in Florida since many don’t have insurance or are severely underinsured. However, regardless of the circumstances, there may be an opportunity to recover damages for your losses.
Our boat accident attorneys at Schrier Law Group have an in-depth understanding of Florida’s maritime, boating, and personal injury laws. We’ve helped recover millions in personal injury cases, and are confident we can obtain the best possible outcome in your case.
Contact a boating accident lawyer at Schrier Law Group today to schedule your free case evaluation.
Are you required to report every car accident in Florida to the Police? If so, when and how do you report a collision? In this article, you will learn the answers to both of these questions and more. Generally, Florida car accident laws set strict standards for when and how drivers are required to report accidents.
Neglecting to follow legally obligated reporting requirements can result in criminal charges (depending on the circumstances) and a significantly weakened personal injury case.
If you’ve been involved in a car accident involving significant injuries or damages, it’s in your best interest to report the collision as soon as possible. Your next step should be to contact the best Florida car accident lawyer for your circumstances.
At Schrier Law Group, our car accident lawyers are experienced, skilled, and aggressive. If you’ve suffered injuries due to the negligence or recklessness of another driver, we’re here to help you recover maximum compensation for your damages.
Contact us today at 1-800-831-2407 for your free case evaluation. Continue reading to learn more about how and when to report a car accident to the police in Florida.
How Long Do You Have to Report An Accident To The Police in Florida?
Under most circumstances, you have up to 10 days to file a car accident report in Florida. However, if the police are called to the scene of the accident, they will file the report for you. Generally, you are required to file a police report under the following circumstances:
- Serious bodily injury occurs to passengers, drivers, pedestrians, bicyclists, etc.
- Death occurs due to the accident
- The accident causes property damage in excess of $500
While these are the minimum requirements for mandatory police reporting, your car accident lawyer may still advise you to file a report even if there are little to no initially apparent injuries or damages.
It can sometimes be difficult to immediately assess the effect of certain injuries like whiplash, back injuries, head trauma, etc. Filing a police report protects you in case you need to file a personal injury claim days, weeks, or months after the accident.
How to Report a Car Accident in Florida
There are two ways to report a car accident in Florida. You can call the police to the scene or go to the nearest police station or highway patrol station to file the claim in person. If you are too injured to file a report, you can wait until you have the ability to do so.
However, Florida car accident laws stipulate that you file a report as soon as you’re physically able. Additionally, it’s always good to report the accident to your insurance company, even if it was a minor fender bender. Failure to report your accident to your insurer within the timeframe stipulated in your policy could lead to them denying future claims resulting from the accident.
Do You Have to Call The Police After a Minor Car Accident?
Technically, no. You are not required to call the police after a minor car accident that doesn’t cause injury, death, or property damage above $500.
However, it’s recommended to file a police report regardless of whether it was a minor or major accident in most cases. Doing so will help to protect against criminal liability and strengthen potential personal injury cases.
What Happens if You Don’t Report An Accident in Florida?
Generally, if you don’t report a car accident in Florida, you may face fines. However, if you leave the scene of an accident that causes injury, death, or property damage above the threshold, you can be held criminally liable. Criminal hit and run charges can result in jail time, fines, probation, lost driving privileges, and more.
Contact a Florida Car Accident Lawyer Today
If you’ve suffered injuries in a car accident caused by the recklessness or negligence of another driver, reporting the accident to the police is one of the first steps you should take. Another critical step is to contact an experienced car accident lawyer in Florida.
Our car accident attorneys at Schrier Law Group can help you:
- Investigate your case and determine liability
- Negotiate with insurance providers
- Identify and interview eyewitnesses
- Connect with expert witnesses
- Seek maximum compensation for your damages
Don’t wait until it’s too late to file a Florida car accident personal injury claim. Contact Schrier Law Group today for your free case evaluation with a top car accident lawyer in Florida.
Recently, Aaron Henderson, a landfill traffic controller, was killed by a bulldozer while in a porta-potty. According to the reports, the bulldozer driver traveled up a hill to the landfill at night. While driving, the front blade of the bulldozer partially obstructed his vision due to the angle and height.
As a result, the driver accidentally bulldozed a porta-potty that he did not see. Once he heard the crumbling metal and plastic, he stopped his vehicle, but it was already too late for Aaron Henderson by that time.
The operator quickly jumped out of his vehicle to check the porta-potty for occupants. What he found was Mr. Henderson’s lifeless body inside. While this accident is tragic and heart-wrenching, similar workplace accidents resulting in death ( 4 – 5 thousand per year) happen far too often.
With that in mind, you may be wondering, “Is Aaron Henderson’s family eligible to sue for damages?” Continue reading to learn about Florida workman’s compensation laws and wrongful deaths at the workplace.
When Does Workman’s Compensation Handle a Workplace Accident?
Under Florida’s worker’s compensation laws, employers are mostly indemnified against personal injury lawsuits from employees. Instead, most workplace accident claims are handled and settled through the work comp process.
That includes cases that involve accidents like:
- Slip and falls
- Falling from heights
- Caught in-between
- Vehicle accidents and collisions
- Workplace violence
- And more.
It’s important to note that employees are typically unable to file a personal injury lawsuit against an employer for workplace injuries. However, an employee or their family can file a personal injury claim against third parties for injuries or wrongful deaths.
Understanding Workman’s Compensation Death Benefits
Worker’s compensation insurance covers injury and death. Generally, the deceased’s family, surviving spouse, or children can file a claim for death benefits up to 1 – 5 five years after the accident, depending on the circumstances. The worker’s compensation death benefit typically covers the following:
- Funeral expenses – Up to $7,500.
- Weekly payments – The surviving children, spouse, parents, or siblings may receive between 15 – 50% of the descendant’s wages.
- Educational benefits – A surviving spouse may be entitled to receive tuition payments for up to 1,800 hours of study at a career center or up to 80 hours for community college.
Generally, the worker’s compensation death benefit terminates once $150,000 (or less) is paid out to the dependants.
When Can an Employer Be Sued?
Employers can rarely (if ever) be sued for wrongful death at the workplace. However, suppose your family member suffered a wrongful death due to a third-party while on the job. In that case, you may be eligible to file a death benefits claim under worker’s compensation laws and a personal injury suit against a negligent or reckless third party.
Examples of third-parties that can face a personal injury lawsuit include:
- Third-party contractors or employees
- The property owner where the wrongful death occurred
- Manufacturers of defective products or equipment
Taking the example of Aaron Henderson, suppose a third-party contractor employed the bulldozer operator. In that case, Mr. Henderson’s family may be eligible to file a claim for the worker’s compensation death benefit and file a wrongful death claim against the third-party employer.
However, if they do suspect negligence or recklessness, they will need an experienced attorney for workman’s compensation and wrongful death claims on their side.
What To Do If Your Loved One Suffers a Wrongful Death
If your loved one has been killed while on the job, we recommend consulting with a proven workman’s compensation lawyer as soon as possible. A workman’s comp attorney can:
- Provide valuable insights into workman’s compensation laws regarding wrongful death
- Advise you on when to accept, reject, or negotiate work comp benefit claims
- File a workman’s compensation claim and wrongful death claim simultaneously
- Seek maximum compensation for your loses
It’s important to note that eligible surviving family members must file workman’s compensation death benefit claims and third-party personal injury claims within the statute of limitations. The sooner you contact an attorney about your case, the sooner they can get to work securing maximum compensation for you and your family.
Contact Schrier Law Group Today
The sudden death of a loved one can be devastating emotionally, physically, and financially. At Schrier Law Group, our worker’s compensation and wrongful death lawyers understand that no amount of money will replace your family member.
However, we also understand that you deserve to be compensated for the deceased’s lost income, financial support, love, etc. Our attorneys are compassionate, thoughtful, and aggressive. We won’t stop working until we get the best possible outcome in your case.
Even though you’ve faithfully paid your insurance premiums, it doesn’t always mean that your insurer will pay out claims when you need them. In many cases, no-fault insurance policies don’t cover nearly as much as accident victims need to handle medical expenses, lost wages, etc.
That’s especially true for individuals who have their no-fault insurance claims denied.
Although Florida no-fault insurance laws require insurers to make expeditious payments for claims (no matter whose fault the accident is), it doesn’t always work that way. Insurance companies are notorious for issuing a denial of claim letters and making low-ball offers.
With that in mind, if you’ve received a claim denial letter or a subpar offer, it’s in your best interest to consult a Florida car accident lawyer as soon as possible. Our attorneys at Schrier Law Group have helped countless people recover maximum compensation.
We’re confident that we can obtain the best possible outcome for you as well. Contact us today for your free initial case evaluation.
Continue reading to learn more about what to do when your insurer denies your car accident claim in Florida.
Understanding No-Fault Insurance in Florida
Every driver in Florida must carry no-fault PIP insurance coverage of at least $10,000. Generally, PIP insurance pays insurance claims (up to the amount covered) regardless of who’s at fault in an accident.
In most cases, PIP insurance covers up to 80% of the reasonably necessary medical care for driver accident injuries. Further, it can also reimburse you for up to 60% of lost wages.
If you suffer from severe injuries in the accident, you can also pursue a personal injury claim (to cover damages above PIP insurance coverage) against the at-fault driver. Potentially recoverable damages can include:
- Medical expenses
- Cost of rehabilitation
- Lost income
- Pain and suffering
- Property damages
However, if the injuries you sustain don’t reach the PIP insurance threshold, you are typically limited to personal injury protection benefits.
Reasons You May See a Denial for Your Personal Injury Protection Claim
Unfortunately, insurance companies are not in the business of helping people recover from devastating injuries. Like most companies, their interests lie with the bottom line.
That means that they can and will deny your claim for a multitude of reasons, including but not limited to:
- Neglecting to seek adequate medical care within two weeks of the accident
- Receiving medical care deemed unnecessary for the injuries sustained by the collision
- Injuries unrelated to the collision
- Driving while under the influence
- An injury resulting from or exacerbated by pre-existing conditions
- You intentionally caused the crash, or the car was stolen
- You were committing a felony offense at the time of the accident
- Your Personal injury Protection policy doesn’t cover the collision or injuries
Although insurers have the right to deny claims, you shouldn’t always take PIP insurance claim denials at face value. Your auto accident lawyer can help you file an insurance claim denials appeal in many cases. Learn more below.
How to Appeal PIP Claim Denials
If you receive a PIP claim denial letter, it will include instructions for submitting an appeal. However, it’s important to note that you are usually required to submit your appeal within a specific time. Otherwise, it will not be effective.
In many cases, insurers use bad faith practices to underpay or outright deny otherwise viable claims. Sometimes, the insurer just needs additional information. However, if you receive a denial from your appeal, it may be time to consult an auto accident lawyer.
Working with an experienced auto accident lawyer in Florida can drastically increase your odds of recovering maximum compensation for your damages. Depending on the circumstances of your case, your auto accident lawyer may be able to recover compensation for losses incurred due to the wrongful denial of your claim.
Contact a Florida Auto Accident Lawyer Today
Suppose you had injuries from a car accident, but your insurance company refuses to pay PIP benefits. In that case, a proven auto accident lawyer can help you assert your rights, negotiate with your insurer, and take your case to trial if necessary.
Further, if your damages exceed your PIP allowances, an attorney can also help you file a personal injury claim against the at-fault party. You don’t have to accept your insurer’s excuses for not compensating you for your injuries.
Instead, work with an attorney who will aggressively fight on your behalf for maximum compensation. Contact a top-rated auto accident attorney today at Schrier Law Group for your free initial consultation.
How to Prove Pain and Suffering in Florida
Florida personal injury statutes allow plaintiffs to pursue accident claims for medical bills, lost income, property damages, and pain and suffering. While most economic damages are apparent, there are a few grey areas concerning non-economic damages like pain and suffering.
In this article, we discuss:
- What exactly constitutes pain and suffering
- Proving pain and suffering in Florida
- How to calculate pain and suffering damages
- When to contact a personal injury lawyer
If you had an injury in an accident due to another person’s negligence, you deserve maximum compensation for your damages, including pain and suffering. Contact a personal injury lawyer at the Schrier Law Group today for your free case evaluation.
Continue reading to learn the basics of proving pain and suffering in Florida personal injury cases.
Understanding Pain and Suffering
There are two types of pain and suffering claims: mental and physical. Generally, they must equate to something more than general discomfort but are not required to be fatal. Learn more about each below.
- Physical pain and suffering –Includes physical pain (currently felt and potential future pain) resulting from the accident. This pain can include nerve damage, broken bones, chronic headaches, disfigurement, strains, pulls, and more.
- Mental pain and suffering –Can be defined as mental/emotional anguish experienced after an accident injury. Examples include anxiety, depression, emotional distress, loss of consortium, PTSD, and more.
Pain and suffering are known as non-economic damage in Florida personal injury cases. Unlike economic damages (i.e., medical bills, lost income, property damage, etc.), assigning a compensatory value to non-economic damages can be challenging.
An experienced personal injury lawyer can help you determine the value of your pain and suffering and pursue maximum compensation from the insurance on your behalf. Continue reading to learn the first steps you need to take when proving pain and suffering in Florida personal injury cases.
Proving Pain and Suffering
Since there is no traditional “paper trail” attached to pain and suffering claims, defendants are encouraged to follow specific steps to increase the likelihood of being compensated for pain and suffering. They include, but are not limited to:
- Seek immediate medical attention – No insurance company, judge, or jury will believe your pain and suffering claims if you don’t have medical records (mental health or physical health) to back up your claims. Therefore, it is essential to seek medical attention as soon as possible.
- Maintain your records – Whether you’re seeing your primary care physician, rehabilitation specialist, or mental health professional, it’s essential to keep your records of visits, bills, additional costs, complications, and more. Further, keep track of all records of your interaction with the police and your insurance company. However, you should allow your lawyer to interact with insurers.
- Seek Legal Counsel – Florida personal injury laws are complex and notoriously difficult to navigate. The sooner you consult a personal injury lawyer, the faster they can begin building a solid personal injury case. That’s even truer when pursuing compensation for pain and suffering.
How Are Damages For Pain and Suffering Determined?
Since pain and suffering are personal to every individual, calculating damages can be a challenge. Generally, Florida courts typically consider the following factors when considering pain and suffering claims:
- Medical history and pre-existing conditions
- The age of the plaintiff
- The necessity for long-term treatment or rehabilitation
- The seriousness of the injury
- Compensation lost as a result of the injury
Depending on the details of your case, your personal injury lawyer may use the “multiplier method” to estimate pain and suffering damages owed. This technique involves multiplying total economic damages by a factor of one to five. However, it’s important to note that every case is different. It’s best to consult with your attorney to determine the value of your case.
Contact a Florida Personal Injury Lawyer Today
Suppose you have endured injuries in an accident due to the negligence or fault of another person. In that case, it’s essential to contact the best personal injury lawyer in Florida for your circumstances. Schrier Law Group is a well-known personal injury, wrongful death, and insurance litigation firm.
We’ve helped countless individuals recover maximum compensation for personal injuries for the better part of four decades. We’re confident that we can help you obtain the best possible outcome in your case as well.
Don’t wait until it’s too late to pursue a personal injury claim. Contact the aggressive, skilled, and prover personal injury lawyers at Schrier Law Group today to schedule your free case evaluation.
Can You Sue Your Current Employer for an On the Job Accident?
According to the Florida Division of Workers’ Compensation, there were more than 64,000 workers’ compensation claims in Florida in 2021. Of the cases that received a settlement, the average payout was roughly $15,000.
With that said, you typically can’t sue your employer for workers’ compensation benefits unless there are extenuating circumstances. You can potentially recover compensation for injuries if you have an injury at work via:
- Workers’ compensation claim
- Suing a third
- Suing your employer (in rare cases)
Individuals who have suffered injuries on the job should consult a proven workman’s comp lawyer as soon as possible. The attorneys at Schrier Law Group can help you assess the merits of your claim and, if necessary, pursue the workers’ compensation benefits you deserve.
Continue reading to learn more about suing your employer for on-the-job injuries.
Florida Workers’ Compensation Laws
Generally, Florida workers’ compensation laws stipulate that an employee can’t sue their employer for work-related accidents unless they deliberately injure the employee. In that case, you may be able to file a lawsuit for an intentional tory in Florida civil court.
Florida work comp is the only option most injured employees have for recovering damages for workplace injuries. That means that employees rarely (if ever) can sue an employer for non-deliberate injuries that happen while working.
Suppose you were injured by a third-party while on the job. In that case, you may be able to file a personal injury claim to recover damages. Learn more about suing the third party in the next section.
Suing a Third Party For Workplace Injuries
If a third party injures you while on the job, you may have a viable personal injury claim against them. However, it’s important to note that your claim would be outside the workers’ compensation system. A few of the most common types of third party injuries include:
- Accidents caused by dangerous equipment: Many labor-intensive jobs (i.e., construction, roofing, machinery, etc.) involve hazardous machines. Sometimes those machines cause damage to employees while they’re working. If you’ve been injured by a dangerous device while working, you may be eligible to file a third-party personal injury suit against the manufacturer.
- Premises Liability Accidents: Suppose you had an injury at work due to unsafe conditions. In that case, you may be eligible to file a premises liability claim against the property owner.
- Car Accident Claims: If you are injured while driving for your job by a negligent driver, you may be eligible to file a workers’ compensation claim and pursue a personal injury claim against the at-fault driver’s insurer. Further, if the other driver doesn’t have insurance or is underinsured, you can file a claim with your own underinsured motorist policy.
It’s essential to note that third-party personal injury claims can be complex and frustrating. In most cases, you should consult a proven workman’s comp lawyer before pursuing a claim.
Your workman’s comp attorney can investigate your claim, collect evidence, conduct interviews, and ultimately, pursue maximum damages. Contact Schrier Law Group today to discuss your claim.
What to do if You Experience an Injury on The Job
There are a few steps you should take if you get an injury at work. They include but are not limited to:
- Immediately inform your supervisor or manager
- Take pictures of the injury and accident scene
- Seek immediate medical attention and let them know it’s a work-related injury
- Contact a workman’s comp lawyer
- Present a written notice to your employer
- Keep a journal of your injury, recovery, medical treatments, etc.
- Follow all doctor orders
Further, whether you’re pursuing a workers’ comp claim or a third-party claim, it’s essential to keep the details of your case confidential. Additionally, it’s typically a good idea to avoid social media, posting pictures, and engaging in any activity that could contradict your story.
Remember, the insurance company is always watching. Anything you say, do, or post can limit your ability to recover compensation for your injuries.
Contact a Florida Workman’s Comp Lawyer Today
The administrative court system handles Florida workman’s comp claims. That means that you must go through the process of filing a petition for workers’ comp benefits and mediation by a neutral party.
Hiring a proven workers’ comp lawyer can increase your chances of settling before trial. However, if a settlement agreement isn’t possible, your attorney can take your case to court and fight for the compensation you deserve.
Contact The Schrier Law Group today for your free initial consultation with a proven workman’s comp lawyer in Florida.
3 Most Common Causes of Boating Accidents in Florida
There are more than 800 boating accidents in Florida each year. With that in mind, boaters are encouraged to learn more about the most common causes of boating accidents and the best prevention methods.
If you’ve suffered injuries resulting from a boat collision, it’s in your best interest to contact a skilled boating accident lawyer as soon as possible. Our boating accident attorneys can help you determine liability, build a solid case, and negotiate maximum compensation for your injuries.
Contact us today to speak with an experienced boating accident lawyer in Florida.
This article discusses the primary causes of boating accidents in Florida. Continue reading to learn about the most common boating risks and how to keep you and your family safe the next time you’re out on the water.
1 Neglecting to Keep an Eye Out For Collisions
Improper forward watch happens when a boat operator fails to maintain awareness of potential hazards in the boat’s path. That can include mile markers, other boats, rocks, debris, and more.
If your boat hits an object, it can lead to devastating injuries and damages. That’s true even if you’re drifting or traveling at slow speeds. Unfortunately, many boating accidents occur due to the operator taking their attention away from safe navigation.
2 Capsized Boats
Capsized boats are the leading cause of boating accident fatalities. In many cases, boats capsize due to decreased visibility, operator distraction, or boating while under the influence of alcohol or drugs.
Further, smaller boats are more likely to capsize when they anchor from the rear (stern) of the boat. That’s because boats are designed to navigate through rough waves front (bow) first. If a rear-anchored small boat encounters rough waves or large swells, it can result in immediate flooding and eventual capsize.
3 Occupant Ejection
When you factor in severe weather conditions, choppy waters, and sharp boating maneuvers, it’s not hard to see how easy it is for a person to go overboard. Overboard ejections are even more likely to occur to powerboat passengers.
However, anyone who is not safely seated while the boat is moving or in choppy waters is at risk of going overboard. That’s true regardless of the vessel.
If you’ve been involved in an accident on the water, it’s recommended that you consult with a boating accident lawyer to discuss your case. Proving negligence and receiving maximum compensation requires a proven boating accident attorney’s skill, experience, and knowledge in Florida.
Ways to Prevent Boating Accidents in Florida
Some boating accidents are inescapable. However, you can avoid boat collisions in many cases by taking precautions. Listed below are a few tips to help prevent unnecessary boating accident injuries.
- Remain aware of your surroundings: The best way to prevent improper forward watch is to survey in front, behind continually, and on the boat’s sides. You should be checking for other boats, debris, mile markers, choppy water, etc. It’s important to note that the boat captain/operator should remain vigilant even when drifting or idle.
- Take Steps to Prevent Capsizing: Boat operators should be extra careful when boating at night, docking, or anchoring. Further, drinking alcohol or consuming drugs while operating a boat drastically increases the likelihood of capsizing. It’s best to leave the drinking for the passengers. Lastly, boat operators should always anchor their craft from the front (bow), not the rear (stern) or the sides.
- Limit The Chances of Going Overboard: You can’t eliminate the risk of going overboard 100 percent of the time. However, by taking the following precautions, you can limit the likelihood of a passenger going overboard. For starters, all passengers should remain seated while the boat is moving. Further, boat operators are encouraged to keep an eye on the security and safety of passengers at all times.
The precautions listed above can’t guarantee an accident-free boat trip. However, neglecting to follow them drastically increases the chances of a catastrophic accident.
Contact a Boating Accident Lawyer Today
Suppose you’ve been injured in a boat accident. In that case, it’s in your best interest to consult with a boating accident lawyer familiar with maritime law, boating regulations, and Florida personal injury laws.
A boating accident lawyer at Schrier Law Group will:
- Investigate the boat accident
- Determine liable parties
- Collect evidence
- Negotiate maximum compensation with the insurance company
- Enlist the help of expert medical witnesses (if necessary)
If you or a loved one was injured in a boating accident due to someone else’s negligence, a boating accident attorney at Schrier Law Group could help. Contact us today for your free initial consultation.
Top Ways to Increase Your Worker’s Comp Settlement
Severe workplace injuries can lead to a lifetime of challenges. With that in mind, if you’ve been injured on the job, you have the right to compensation under Florida law. Unfortunately, in many cases, workers’ compensation victims receive low payouts or no payout at all.
The good news is that there are ways to increase your chances of a successful workers’ comp claim. This article discusses the top ways to increase your worker’s comp settlement, including steps you should take and avoid.
Contact Schrier Law Group today to discuss the details of your case with a proven worker’s compensation lawyer. Continue reading to learn the best ways to maximize your worker’s compensation settlement value.
Seek Immediate Medical Attention
The cornerstone of any worker’s comp claim is workplace injury. Without an injury verified by a credentialed physician, you can’t expect your case to go very far. Generally, it’s recommended that you seek immediate medical attention after sustaining an injury at work.
The longer you wait to seek medical care, the more likely the insurance company will scrutinize your claim, make a lowball offer, or deny your claim.
Ensure Your Workers’ Comp Case is Viable
Workers’ compensation claims require employees to report workers’ comp eligible injuries and present their case in a manner that doesn’t seem fraudulent. With that in mind, the following types of injuries are eligible for work comp in Florida:
- Injuries that happen while on the job or while engaged in work-related activities like car accidents, spinal injuries, loss of limbs, etc.
- Repetitive stress injuries that happen due to repeating the same movements consistently. Common examples include carpal tunnel, tendonitis, and similar.
- Workplace sicknesses occurring to exposure to harmful conditions or chemicals.
If you’re not sure about the legitimacy of your worker’s comp claim, contact us today to speak with a worker’s compensation attorney about your case.
Inform Your Employer of Your Injury ASAP & File Your Claim
A worker’s compensation lawyer at the Schrier Law Group will almost always encourage you to report workplace injuries to employers as soon as possible. At the very least, Florida law mandates that employees report injuries within 30 days.
Further, you must file an official claim in writing. It can help to take a picture of the completed form before handing it to your employer. At that point, they must notify the insurance company to begin the worker’s comp process.
Know The Severity of Your Injuries
Workplace injuries are placed into four workers’ comp disability rating categories. They include:
- Injuries that completely prevent you from working for a temporary period
- Temporary injuries that limit your ability to complete some (but not all) work-related tasks
- Permanent disabilities that prevent you from doing certain work-related activities ever
- Permanent disabilities that prevent you from any work-related activities with your current or future employers
The worker’s compensation benefit you’re eligible to receive depends on your injury severity score (5% – 100%).
Keep Meticulous Records
Proving the value of your claim often requires good record keeping. That means that you should keep detailed notes about the following:
- Medical records
- Cost of healthcare and rehabilitation
- Every document you’ve completed
- Daily journals detailing your injuries, recovery, etc.
- Other out-of-pocket expenses like prescription costs, parking fees at doctor’s offices, and more.
Watch What You Say to Doctors and Insurers
In many cases, the worker’s compensation insurer will request you to get an independent medical exam (IME). That’s true even if your primary care provider has already seen you.
Whether you’re seeing your physician or the insurance company’s doctor, it’s in your best interest to stick to the facts, tell the truth, and give details. Anything you say to the physician can potentially harm your case, so be careful.
Similarly, you should be aware of what you share with insurance adjusters, especially if you give them a recorded statement. In our experience, it’s best to contact your worker’s compensation lawyer before giving any recorded statements to the claims adjuster.
Understand That You’re Being Watched
Once you’ve filed a worker’s compensation claim, you can expect the insurance company and their lawyers to keep a close eye on you. In some cases, insurers hire a private investigator to catch you committing worker’s comp fraud.
Generally, it’s a good rule of thumb to limit physical activity, stay away from social media, and only discuss your case when necessary. That’s because it only takes one picture or ill-timed statement to ruin your chances of getting fair compensation for your injuries.
Contact a Florida Worker’s Compensation Lawyer Today
Worker’s compensation laws are complicated. Working with an experienced lawyer for work comp claims can drastically improve your chances of a successful outcome. At Schrier Law Group, our attorneys have recovered millions of dollars in work comp claims.
We’re confident that we can obtain the best possible outcome in your case as well. Contact us today at 1-888-831-2407 to speak with a worker’s compensation lawyer you can trust.
CAN SOMEONE SUE ME IF THE CAR ACCIDENT CASE WAS SETTLED?
If a car accident victim accepts an insurance settlement, they can’t sue you for more money later on. However, someone can pursue a personal injury lawsuit against an individual instead of an insurer. The most common reasons at-fault drivers face litigation is not having insurance or the insurance claim exceeding policy limits.
Most claims don’t go over policy limits. However, if they do, at-fault drivers should have an asset protection plan in place. That can include appropriate liability insurance and additional coverages. Otherwise, at-fault drivers risk financially devastating lawsuits.
Fortunately, Florida laws offer many ways to protect your assets after an at-fault accident. However, it’s up to you to take advantage of them. Continue reading to learn the importance of protecting your assets before and after at-fault collisions.
Can Someone Sue You After Your Insurance Pays?
Suppose a personal injury claimant accepts your insurance company’s settlement offer. In that case, they can no longer pursue damages against you or the insurer.
However, if you’re underinsured, a plaintiff and their auto accident attorney may decide that they can get more money by foregoing a personal injury settlement and taking you to court instead.
That’s why it’s essential to have adequate insurance coverage in place to decrease the likelihood of personal liability in the event of an at-fault accident.
How Do I Protect My Assets After a Car Accident?
A personal injury lawsuit has the potential to decimate your finances. With that in mind, there are legal and procedural steps that at-fault drivers can take to help protect assets. Generally, a seasoned car accident attorney is likely to recommend the following:
- Talk with your insurer to learn if the personal injury claim is expected to exceed your policy limits.
- Learn what assets Florida law protects if the injured party decides to file a lawsuit against you.
- Design and act on a plan to legally protect certain assets.
- Prove to the court that any collection activities would be challenging by submitting a financial affidavit.
It’s essential to note that attempting to hide, transfer, or otherwise illegally protect assets when facing a lawsuit can lead to fraudulent conveyance claims.
What Options Do Plaintiffs Have If The Damages Exceed The Insurance Payout?
Car accident plaintiffs can exercise many options to obtain compensation for personal injuries. A judgment creditor can access financial records, garnish bank accounts, or garnish wages. Learn more about each below.
Access to Financial Records
Judgment creditors can review all of a debtor’s (defendant) financial records, including bank statements, tax returns, wage statements, and more. Further, victorious plaintiffs can require the defendant to make a legally binding deposition that outlines all assets and finances.
Bank Account Garnishment
The most common and useful method for collecting car accident judgments is bank account garnishment. A Writ of Garnishment can be obtained from the Clerk of Court. The plaintiff must then serve the defendant’s bank.
When the bank receives the Writ of Garnishment, they immediately freeze all accounts of the debtor. Once frozen, the bank informs the creditor of the account details, including the amount of money in the account at the time of garnishment.
In addition to bank account garnishment, creditors can also garnish a debtor’s wages. Wage garnishment involves directing the defendant’s employer to garnish up to one-fourth of their wages. Wage garnishment can continue until all debts are paid.
Defenses to Bank Account and Wage Garnishment in Florida
There are ways to protect your finances after an at-fault accident in Florida. A few of the most common methods to defend your bank account and wages against garnishment include but are not limited to:
- Head-of-Household Protections: At-fault drivers considered the “head of household” in Florida are typically exempted from a bank account and wage garnishment (up to six months’ wages).
- Joint Accounts: Certain types of joint accounts are exempt from garnishment. That’s especially true of accounts shared with a non-debtor spouse who holds equal equity and survivorship rights to the account.
- Exempt Income: Income from sources like social security, disability benefits, and annuities are exempt from collections and garnishment.
It’s recommended that at-fault drivers review their finances, fix any vulnerabilities, and submit a financial affidavit to increase the chances of avoiding litigation.
In many cases, if a plaintiff and their auto accident lawyer don’t believe they can collect more from you than the insurer, they will likely settle with the insurance company.
Contact A Florida Auto Accident Attorney
Sometimes, “at-fault drivers” are not entirely to blame for the accident. In that case, an experienced auto accident attorney can help you prove the other party’s negligence and potentially avoid a personal injury lawsuit.
Contact Shrier Law Group today to discuss the details of your case with a skilled Florida auto accident attorney.