HOW TO GET THE MAXIMUM COMPENSATION YOU DESERVE AFTER A CAR ACCIDENT IN FLORIDA
If you’ve sustained injuries due to an accident caused by another driver’s negligence, you can pursue several types of damages (i.e., economic, non-economic, and punitive damages) by filing a personal injury claim.
However, it can be challenging to recover the maximum compensation owed when negotiating with insurers, which is especially true if you intend to pursue non-economic damages like:
- Pain and Suffering
- Loss of Enjoyment of Activities
- Worsened prior injuries due to the collision
- Emotional Distress
In most cases, getting maximum compensation requires the skill and experience of a proven Florida auto accident attorney. That’s because, unlike economic damages, non-economic damages don’t have an exact monetary value attached to them.
File Your Personal Injury Claim Within The Florida Statute of Limitations
According to Florida Statute § 95.11(3)(a), individuals have four years to file a personal injury suit against another person. However, there are exceptions, including but not limited to:
- The injured person was incapacitated (i.e., short or long-term mental illness) at the time of the accident. In that case, the statute of limitations is seven years from the date of the accident.
- The individual who caused the accident leaves Florida after the accident, but before the lawsuit is filed AND the defendant attempted to conceal their identity in order to prevent or delay a lawsuit.
Generally, your Florida accident attorney is likely to suggest filing a personal injury claim much earlier than the statute of limitations allows to ensure fresh evidence and memories from the scene.
Prove The Other Parties Negligence
Negligence is the cornerstone of most personal injury cases. Generally, Florida regards negligence as the failure to use reasonable care that an otherwise reasonably responsible person would use under similar circumstances. To win a negligence-based personal injury case, you must prove the following:
- The defendant owed the victim a duty of care
- The defendant did not provide (breached) their duty of care
- As a result of the defendant’s negligence, the plaintiff suffers injuries
- The injuries sustained by the plaintiff are compensable
Furnish Proof of Your Injuries and Damages
Receiving maximum compensation for your injuries requires concrete proof of the injuries sustained. Generally, the best way to document your injuries and their effect on your life include:
- Obtaining evidence from the scene include pictures and videos
- Seeking immediate medical attention and strictly following physician orders
- Adhering to all prescribed rehabilitation
- Writing daily journal entries after the accident describing your injuries, pain, etc.
- Waiting to settle the case until you’ve reached Maximum Medical Improvement (MMI)
- Hire a Florida auto accident attorney who can help you build your case
Clearly Convey Pain And Suffering And How it’s Linked to the Accident
Before you can pursue damages for pain and suffering, it’s essential to understand what qualifies as pain and suffering in Florida. Generally, pain and suffering refers to the physical and emotional pain the plaintiff endures due to the accident and subsequent injuries.
Common examples of pain and suffering include headaches, body pain, neck pain, etc. Further emotional pain and suffering can include sleeplessness, PTSD, fear, anxiety, etc., resulting from the collision.
It’s important to clearly differentiate your pain and suffering post-accident from your life before the accident occurred. That means that you and your Florida accident attorney need to prove how your life has worsened after the accident.
Stay Away From Social Media
If you’re claiming significant economic and non-economic damages in your personal injury case, it’s essential not to publish posts on social media sites that could infer otherwise. For example, if you’re claiming serious back injuries, but your Facebook page shows videos of you energetically participating in physically strenuous activities, your case could suffer. Most auto accident attorneys recommend staying away from all social media activities until the conclusion of your case.
Contact a Florida Auto Accident Attorney Today
Suppose you’ve suffered significant injuries resulting from the negligence of another party. In that case, you may be eligible to receive maximum compensation for your damages. However, recovering maximum damages isn’t always an easy task.
Hiring the best Florida auto accident attorney for your situation can be the difference between a successful personal injury claim and an unsuccessful claim.
At Schrier Law Group, our auto accident lawyers have been instrumental in recovering hundreds of millions of dollars in personal injury cases. We’re confident that we can help you achieve the best results in your case as well. Contact us today at 1-800-700-7285 for your free initial consultation.
WHY YOU SHOULD NEVER EAT WHILE DRIVING
If you were to ask an experienced car accident lawyer what’s the most surprising (and common) reason why people get into accidents, they would likely say “eating.” That’s right, eating while driving may be convenient, but it can also be dangerous and deadly.
In fact, the CDC considers eating while driving among the most dangerous forms of distracted driving. That’s because it can cause drivers to take their eyes off the road, occupy their hands, and distract their attention.
With that in mind, if you’ve suffered injuries in an accident due to another person eating while driving, you may be eligible for maximum compensation. Contact a proven Florida car accident lawyer at Schrier Law Group today at 1-888-831-2688 for your free initial consultation.
Continue reading to learn more about the dangers of eating while driving.
Is It Illegal to Eat While Driving?
It’s not illegal to eat while driving in Florida or any other state. However, it’s still not recommended to do so. That’s because eating while driving can lead to dangerous driving, resulting in getting stopped by the police. Further, in worst-case scenarios, eating while driving can result in catastrophic accidents.
Reasons Why You Shouldn’t Eat While Driving
Recent studies confirm that eating while driving increases the risk of getting into an accident by three times compared to a driver who is not eating. A few additional compelling reasons to avoid consuming food while operating a car include:
- Eating while driving leads to a 44% decrease in a drivers reaction time
- Drinking while operating a car lowers reaction time by more than 20%
- Certain food can make your hands slippery and unable to safely grasp your steering wheel to get out of danger
- Spilling food while driving can lead to more extreme distractions while you attempt to clean
- Depending on what you’re eating, your food may block certain parts of your vision
- Nearly 65% of all “near-miss” accidents are the result of distracted drivers eating or drinking
- Drivers are three times more likely to be involved in an accident while drinking or eating
- A recent study by the National Highway Traffic Safety Administration (NHTSA) found that eating or drinking while behind the wheel increases your risk of an accident by more than 80%
Generally, there are three types of distracted driving. They include taking your eyes off the road, taking your hands off the wheel, or taking your mind off of driving. Eating food while operating a car falls into all three categories.
How to Stop Eating While Driving
According to the NHTSA, distracted driving kills more than 3,000 people per year in the U.S. and results in thousands of injuries. However, stopping the habit of eating while driving isn’t always easy. Listed below, we’ve listed a few proven methods to help you avoid consuming food or drinks while behind the wheel.
- Eat before you get into your car or after you’ve reached your destination. Wake up 30 minutes earlier to eat before work, if needed.
- Keep snacks out of your car, or keep them in the trunk.
- If you get hungry while driving, pull over into a parking lot or otherwise safe area and eat.
- Try not to drink. But if it’s necessary, opt for a secured and ergonomically designed drink holder (to avoid spills).
Although you may be ready to walk away from eating while driving, a recent ExxonMobil survey shows that more than 70% of the other drivers on the road continue to eat and drive.
With that in mind, if you’ve suffered injuries resulting from an accident caused by a distracted driver, it’s in your best interest to consult with an experienced car accident lawyer as soon as possible. Learn more below.
Contact a Florida Car Accident Lawyer Today
You can control your actions and limit your distractions while driving. However, there’s nothing you can do about other drivers who engage in distracted driving. Suppose you were recently in an accident in Florida due to another driver eating while driving. In that case, it’s recommended that you immediately consult with the best Florida car accident lawyer for your circumstances.
A car accident lawyer at Schrier Law Group can investigate your claims, help you prove that the other driver caused the accident as a result of them eating while driving, and seek maximum compensation on your behalf.
If you’ve suffered injuries due to the negligence or distractions of another motorist, we can help. Contact us today to schedule your free initial consultation with a proven Florida car accident lawyer.
HOW TO FIND THE RIGHT FLORIDA AUTO ACCIDENT LAWYER FOR YOU
If you’ve recently suffered property damage or serious injuries in a Florida car accident, you need an auto accident lawyer you can trust. The caliber of attorney you hire will directly impact your ability to recover maximum compensation for your damages.
With that in mind, it’s essential to conduct thorough research and ask lawyers specific questions about their experience, qualifications, and their perspective on your case. This article covers tips and tricks that will help you find the right car accident attorney for your case.
Continue reading to learn how to find the right Florida auto accident lawyer for you.
Do Your Research Before Hiring an Auto Accident Lawyer
Before you search for a car accident lawyer online. It’s always a good idea to first check with friends, family, and colleagues for references. Whether you find an attorney online or via recommendations, it’s never a good idea to hire the first lawyer referred to you.
Rather, we recommend learning the following before making a decision:
- Primary practice area
- Online reviews on sites like Google, Yelp, etc.
- The status of their license and any potential disciplinary actions against them
- Whether or not your lawyer will handle your case or a member of their staff
Further, be sure to have a conversation with your potential car accident lawyer before hiring them. The way an attorney communicates with you can make or break your levels of satisfaction with their service. So, be sure that they are a good fit before trusting them with your case.
Search For Lawyers Who Specialize in Personal Injury Law
Many lawyers dabble in multiple practice areas. While that extra experience can be a great asset sometimes, it’s not necessarily what you want in a Florida accident lawyer. The best persona injury lawyers are masters of their practice area. They eat, sleep, and breathe personal injury law.
Attorney’s who have a split focus may miss important changes in the law, lack experience negotiating with insurance companies, or make errors in court if your case goes to trial. Generally, the more court experience (with personal injury law), the better.
Look for These Traits in Your Attorney
Once you’ve narrowed down a list of two to three potential car accident lawyers, you should look to hire the attorney who exhibits the following traits before, during, and after your initial consultation:
- Effective and clear communication – You want to know that your lawyer will always tell you what you need to hear, not what you want to hear. Further, be sure to note how quickly you receive answers to your questions, return phone calls, etc.
- Open to Providing references – If an attorney claims to be experienced, they should have at least a few clients who are willing to vouch for their services. If an attorney seems hesitant to provide references, they may not be the best option for your case.
- Organization skills – A disorganized car accident lawyer is more likely to make errors on paperwork, miss deadlines, and lose documents.
- Years of successful experience: Experience with car accident cases is only helpful if the attorney has a history of success in personal injury cases. Be sure to ask potential lawyers about their record in court as well as cases they’ve worked on that were similar to yours.
Ask a Your Potential Lawyer These Questions
It can be a challenge to remember everything you should ask a potential auto accident lawyer during your initial consultation. With that in mind, we’ve provided a list of important questions you should have clear answers to before hiring a lawyer. They include but are not limited to:
- How long have you practiced personal injury law?
- Do you work exclusively on personal injury cases?
- What is your comfort level and experience with going to trial?
- Have you worked on cases similar to mine? If so, what was the outcome?
- What are some examples of recent settlement offers you’ve secured?
- If I hire you, who will handle my case, and who will I be in contact with?
- How soon can I expect a response when I call, text, or email?
- How do you bill, and when am I expected to pay?
Have you been injured in a car accident? Don’t wait until it’s too late to pursue damages.
Our auto accident attorneys are skilled, experienced, and ready to fight for maximum compensation on your behalf. Contact an experienced Florida auto accident lawyer at Schrier Law Group for your free initial consultation today.
Can Tailgating Cause Car Accidents?
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.
When Should I Call an Auto Accident Attorney After an Accident?
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.
What are the Most Dangerous Highways in Florida?
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.