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.
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.
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.
Schrier Law Group: Your Personal Injury, Wrongful Death & Insurance Litigation Law Firm
Schrier Law Group is a well-known and highly regarded Statewide Personal Injury, Wrongful Death & Insurance Litigation law firm.
For over 40 years, this firm has aggressively and compassionately represented those who have been the unfortunate injured victims of negligence and wrongful death accidents or incidents. Unfortunately, too many avoidable accidents occur, especially in Florida.
When the careless actions of another result in someone getting hurt or even killed, the “negligent” party’s insurance company often hire good lawyers so that they can avoid paying the injured accident victim or the wrongfully killed victim’s family the appropriate amount of compensation.
Clients often tell us that The Schrier Law Group secured more money for them than they ever could have imagined. We take great pride in coming up with creative legal strategies to win our client’s cases, but we also enjoy answering our client’s questions and developing relationships that last a lifetime because they are based on the trust that we have earned along the way.
While we have been and continue to be hired to secure the most money for our clients, from just about every part of Florida, we take great pride in changing the negative perception, one client at a time.
Whether your case is against another driver, another person, or against a large corporation, clients hire The Schrier Law Group in order to secure the most money for their case. Get the most money for your case and do not become an ignored victim. Schrier Law Group can be reached at (800) 700-7285. Call us for a free case evaluation. Justice for you and your family can start now.
Are You in Need of A Personal Injury Attorney in Florida?
Schrier Law Group is not surprised to let you know that the state of Florida alone has over 400,000 car accidents per year. These accidents bring about over 250,000 injuries and over 3,000 fatalities. All of these accidents can usually be blamed on the negligence of one of the drivers involved.
When these accidents occur, you need a personal injury attorney that will aggressively back you in a court of law. The Schrier Law Group in Florida is the team that brings their years of personal injury expertise to the table. If you need an attorney to aggressively represent you after being injured due to the carelessness of another person’s actions, then call Schrier Law Group today.
What Types of Cases Does a Personal Injury Attorney Take
Personal injury is a very broad term that encompasses all injuries that have been caused due to the negligence of another. Examples of these situations are:
- Auto Accidents
- Slip and Fall Accidents
- Medical Malpractice Lawsuits
- Wrongful Death Claims
- Construction Accidents
- Pool Injuries & Drownings
- Product Liability Claims
- Boating Accidents
- Truck Accidents
- Work Accidents
All of these are examples of accidents that can happen when another person is being careless. Many of these accidents can leave you with a long period of pain and recovery. This means a lot of lost wages and time. You deserve to be compensated for the loss of wages, medical bills, psychological impacts of the accident, lost time, and the price of having to suffer through it all.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Contacting an Attorney for a Wrongful Death Lawsuit
One of the most complicated and heartbreaking types of cases are wrongful death lawsuits. These cases involve proving that due to someone’s negligence or intentional actions, your loved one has been lost. Not only are you trying to regain stability in your family after the death of a close relative, but you are attempting to sue for an amount that is “equivalent to your loved one’s life.”
In order to help guide you through the process of a wrongful death case, you’re going to need an attorney that’ll back you in an aggressive manner while you and your family recover. The Schrier Law Group has personal injury attorneys that will pursue the person or persons who acted with negligence in the death of your loved one.
What Types of Situations Call for a Wrongful Death Lawsuit?
A wrongful death lawsuit can be pursued in any situation where a loved one is lost due to the negligence of another. Examples of this situation include:
- Automobile and/or Truck Accidents
- Medical Malpractice
- Boating Accidents
- Work Accidents
- Construction Accidents
- Criminal Actions/Murder
- Defective Products/Improper Labeling
Regardless of the situation, if you have lost a family member due to the negligence of another person, then you are entitled to a wrongful death lawsuit.
What are you Compensated for?
The list of damages that need to be recovered for the loss of a direct loved one is almost impossible to put a price on. However, these damages are usually calculated based on a few different variables. These include:
- Financial support: When you have lost current and future financial support as a spouse or child, we will do everything possible to get the maximum amount of compensation.
- Costs associated with death: Including medical expenses as well as funeral, burial or cremation expenses will be compensated should you be successful with your case.
- Pain and suffering: The pain and suffering of both the victim and family members is often taken into consideration when making this determination.
- Spouse’s damages: We will fight to recover compensation for loss of companionship and protection as well as pain and suffering from the date of the accident that ultimately resulted in the death of your partner.
- Children’s damages: When there are minor children of a decedent who died as a result of a deliberate act, we will seek damages for lost parental companionship, guidance, and instruction as well as mental pain and suffering.
- Parental damages: When you lose a child due to someone’s negligence, we will recover compensation for pain and suffering.
- Punitive damages: Because someone acted in a manner that was considered intentional or grossly negligent, we will seek the maximum punitive damages under the law. Not only is this important for the family of decedents, but it also sends a clear message their behavior was
Never Apologize After an Auto Accident; Here’s Why
Thousands of auto accidents happen every day throughout the United States. All of these situations are always going to have a person at fault. However, this determination over fault could be very complicated. All of it comes down to either one party admitting fault or finding out who was negligent in the accident. That is where the importance of never saying sorry following an accident. An apology is basically you declaring you are at fault. That means you are going to be responsible for the accident.
Information to Gather Following an Accident
There is a lot of things that need to be done following an auto accident. However, the information you gather at the scene of the accident is most useful in the future if a case erupts. Here is a list of information you should be gathering:
- Report the Accident to the police. After doing so, record the time, date, and parties involved.
- Obtain witness information but never admit fault. Regardless if you are at fault at not, any indication that you may have been in the wrong may be used against you in a court of law at a future date. Never apologize.
- Take pictures of the accident. Make sure to take very clear pictures of any damage to your vehicle and the other person’s vehicle. The more pictures the better. Making sure that their license plate is in at least one of the pictures is recommended as well.
- Gather personal information for the parties involved. Name, phone numbers, insurance information, license plate numbers are all very important for your insurance company.
- If you require any medical care at all, make sure to take note of all even slight injuries. If medication, treatment, or surgery is required, then you need to keep all of the bills from medical treatment. These may be compensated to you in the future.
Regardless of the accident or if you are at fault, never apologize for the incident. You will be immediately seen as the person who was most likely being negligent prior to the accident.