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.
TOP WAYS TO PROVE WHIPLASH IN COURT
More than 3 million people suffer from accident-induced whiplash injuries every year. Whiplash is more likely to occur as a result of rear-end collisions, but that’s not the only way it can happen.
Generally, any type of accident that causes your neck to suddenly and forcefully jerk can lead to whiplash injuries. If you’ve suffered a severe whiplash injury in an accident, you may incur significant damages resulting from:
- Medical bills
- Cost of rehabilitation
- Loss of income
- Pain and suffering
Working with an experienced car accident lawyer can significantly increase your odds of receiving maximum compensation. Contact a skilled Florida car accident attorney at Shrier Law Group today to learn how we can help.
Continue reading to learn the top ways to prove whiplash in court.
What is a Whiplash Injury?
Whiplash occurs when the neck suffers an injury due to a forceful back-and-forth movement. Generally, whiplash symptoms may include but are not limited to:
- Stiff neck
- Increased neck pain with movement
- Decreased range of motion in the neck
- Head pains, usually beginning at the base of the skull
- Tender shoulders, upper back, or arms
- Numb or tingling feeling in the arms
- Dizziness and tiredness
In more severe cases, whiplash can lead to blurred vision, ringing in the ears, mental health problems, lack of sleep, and more. If you suspect a whiplash injury after an accident, it’s essential to see a physician and contact a car accident attorney as soon as possible.
How Can You Prove You Have Whiplash?
Individuals who have experienced whiplash resulting from another driver’s negligence have the right to file a claim against the defendant and their insurer. However, your car accident attorney must prove the following four elements of a personal injury case before you can receive compensation: Duty of care, breach of duty, causation, and damages. Learn more about each below.
The Defendant Owed You A Duty of Care
All Florida drivers owe others on the road a reasonable duty of care. That means that drivers must take all necessary precautions to ensure the safety of others on the road. That duty of care extends to other drivers, pedestrians, bicyclists, passengers, and more.
They Breached That Duty of Care
The second step in proving whiplash in court is to prove that the defendant committed an act of negligence that caused the collision. Examples of negligent driving include but are not limited to:
- Lack of control of a vehicle
- Reckless driving
- Distracted driving
- Driving under the influence
Generally, any act that an otherwise “prudent driver” wouldn’t make can be considered negligence in car accident cases.
Their Negligence Caused Your Whiplash Injuries
Negligence is not enough to secure compensation for whiplash injuries. In addition to a breached duty of care, your car accident attorney must prove your injuries directly resulted from the other driver’s negligence.
Proving causation often requires the help of a skilled car accident attorney, solid evidence, and sometimes, expert medical witnesses.
You Suffered Damages Resulting From the Whiplash
Lastly, your car accident attorney needs to prove that you suffered losses resulting from your whiplash injuries. Damages can include the cost of medical treatment, lost income, rehabilitation costs, and more.
Is it Worth Suing For Whiplash?
Not all whiplash cases in Florida are worth pursuing. In many cases, whiplash symptoms are mild or disappear in a few days. If you don’t suffer damages due to the injury, it can be challenging for a car accident attorney to secure compensation.
Whiplash cases are notoriously difficult to prove, even with solid evidence. For that reason, it’s in your best interest to consult with a proven car accident lawyer before pursuing a personal injury case for whiplash.
Your attorney can advise you of your chances of winning, the best steps to take, and how much you can expect in a personal injury case.
Contact a Car Accident Attorney For Whiplash Injuries
Suppose you’ve sustained significant damages resulting from car accident-induced whiplash injuries. In that case, it’s in your best interest to consult with a skilled car accident attorney as soon as possible.
Our personal injury attorneys have collected hundreds of millions of dollars on behalf of injured car collision victims. We’re confident that we can help you secure the best possible outcome in your case as well.
We’re here to assess your case, guide you through the process, and fight for maximum compensation for your injuries. Contact Schrier Law Group today to schedule your free initial consultation with a proven Florida car accident lawyer.
WILL MY CAR ACCIDENT CASE ACTUALLY GO TO TRIAL?
If you’re seeking damages for a car accident, your case may go to trial, but it’s not likely. Most car collision cases are settled during negotiations or pre-trial mediation.
Generally, insurers and litigants prefer to settle because it’s less expensive and takes less time. However, insurance companies and claimants sometimes can’t agree on a settlement. In that case, going to court with a car accident attorney may be the only option.
If you’ve suffered injuries in a collision, but the insurance company refuses to pay a fair settlement, you have options. Contact Schrier Law Group today to speak with a proven car accident attorney.
Continue reading to learn more about car accident trials in Florida.
How Many Car Accident Cases Actually Go To Court?
Nearly 95% of all personal injury cases are settled out of court. That means that your case is not likely to go to trial. However, if you do, you should be aware that only 57% of car accident trials are decided in favor of the plaintiff. A few factors that can enhance your chances of a favorable outcome include:
- Most insurers prefer settling out of court because they have more control over the outcome.
- The burden of proof for car accident cases is much lower than other types of personal injury claims.
A few factors that could limit your ability to win a car accident settlement include:
- Lack of proof that the defendant caused the accident
- Minimal damages caused by the collision
- Inexperienced car accident attorney representing the plaintiff
What to Expect When Appearing in Court For an Accident
Every car accident case is different. Generally, if your car accident attorney cannot negotiate a fair settlement, you can expect the following to occur at trial.
- You and the insurer are unable to reach an out-of-court settlement.
- Your car accident lawyer files a lawsuit against the defendant.
- The defendant’s insurance company hires a lawyer to represent them during the trial.
- Pre-trial process including discovery, motion practice, and mediation.
- The car accident trial begins.
- Both parties present their evidence (i.e., photos, eyewitness testimony, expert witnesses, etc.) while attempting to discredit the other party
- The plaintiff may be required to testify and face cross-examination.
- The judge or jury will decide on fault and award damages (if the plaintiff is successful)
It’s important to note that only a slight majority of car accident trials end in success for the plaintiff. If you’ve received an unfavorable ruling, your car accident attorney can take steps to appeal the decision.
How Long Does a Car Accident Trial Last?
The length of a car accident trial depends on many factors, including the severity of your injuries, how many drivers were involved in the collision, and the experience of your car accident attorney.
Generally, car accident trials can be as short as a few days or as long as many weeks. The most lengthy part of going to court is the pre-trial phase. Pre-trial can last for many months, sometimes up to one year.
Further, the time to conclude the case can be lengthier if an appeal is filed after the original ruling. The best method to ensure the fastest outcome in your case is to hire a proven car accident attorney to negotiate on your behalf before going to trial.
If your lawyer is successful, you could receive maximum compensation weeks or months after filing your claim.
How Can I Strengthen My Car Accident Claim?
You can do a few things to make negotiations easier and faster for your car accident attorney. They include, but are not limited to:
- Seek immediate medical attention after an accident, even if you’re unsure that you’ve suffered injuries
- Note the responding police officer’s contact information, and obtain a copy of the police report
- Identify eyewitnesses and get their contact information
- Collect important evidence like photos, videos footage, weather conditions, etc.
- Maintain a written account of your injuries, pain, and rehabilitation efforts
- Contact a car accident lawyer quickly after the collision
Contact a Florida Car Accident Attorney Today
Working with an experienced Florida car accident lawyer can dramatically increase your chances of a successful outcome in your personal injury case. A proven attorney knows how to negotiate with insurers, present compelling evidence, and secure the best possible settlement.
The car accident attorneys at Schrier Law Group have collected more than $500 million for injured accident victims. Our skilled legal team is aggressive, creative, and ready to fight for maximum compensation on your behalf. Contact us today to speak with a proven Florida car accident attorney.
HOW DEFENSIVE DRIVING CAN PREVENT A CAR ACCIDENT FROM HAPPENING
Did you know that 77% of drivers have been in at least one accident in their life? In many cases, individuals involved in accidents are not at fault, and they are the victim of a reckless or distracted driver. With that in mind, learning and practicing defensive driving techniques can help you and your family to avoid a major collision while driving.
What is defensive driving? Defensive driving is the practice of using safe driving techniques to avoid accidents by predicting potential hazards and doing your best to stay away from them.
Drivers who routinely use defensive driving techniques can expect:
- Decreased insurance premiums
- Lowered risk of being the victim of an accident
- Reduced risk of causing an accident
If you’ve already suffered injuries resulting from the negligence of another driver, you may be entitled to damages for your injuries, property damage, and more. Contact Paul Schrier at Schrier Law Group at 1-800-700-PAUL for your free initial consultation with an experienced auto accident lawyer.
Continue reading to learn more about how defensive driving can help drivers avoid accidents.
How Can Defensive Driving Help Drivers Avoid Accidents?
No defensive driving technique is 100 percent effective. However, regularly practicing defensive driving skills can drastically improve your chances of making it to your destination without getting into an accident. A few of the most effective methods to avoid car collisions in Florida are listed below.
Follow The Law And Pay Attention to The Signs
According to the National Highway Traffic Safety Administration (NHTSA), speeding contributes to 26% of all traffic fatalities. While it may seem normal to go a bit faster than the posted speed limit, you should be aware that doing so drastically increases your risk of getting into an accident.
Further, it’s essential to pay attention to posted signs like:
- School zones
- Children at play / recreation zones
- Slippery when wet
Driving at a safe speed and paying attention to posted signs can help you and your family avoid disaster while driving on Florida roads and highways.
Only Use The Passing Lane When Necessary
The passing lane (the lane furthest to the left) is meant for drivers who need to increase their speed to pass other drivers momentarily. Generally, it’s not recommended to remain in the passing lane for most of your trip. Doing so can lead to traffic congestion and potentially create unsafe conditions for you and other drivers on the road, especially if you’re driving at a reasonable speed while in the passing lane.
Use Defensive Driving Techniques to Avoid Dangerous Situations
While driving, it’s imperative to practice the three defensive driving techniques that are proven to help drivers avoid accidents. What are the three basic principles of defensive driving?
- Always put safety first (i.e., higher importance than speed, comfort, or fun) and follow the rules of the road.
- Be courteous with other drivers and be aware of unsafe driving conditions and reckless driving behaviors.
- Keep your vehicle well maintained (i.e., brakes, mirrors, tires, etc.).
Keep Distractions to a Minimum
According to the CDC, approximately eight people are killed every day in car accidents due to distracted driving. Distractions can lead to devastating collisions that put you and other drivers at risk of injury or worse. With that in mind, examples of distractions you should avoid while driving include but are not limited to:
- Talking on a cellphone while driving
- Typing in directions while operating your car
- Eating and driving
- Sending or reading a text message or similar
Hope For The Best But Prepare For The Worst
Accidents can happen anywhere, to anyone, and at any time. With that in mind, it’s essential to be ready for the worst-case scenario. That means that you should always assume that another driver is capable of causing a dangerous situation. A few things you can do to help yourself prepare for the worse include keeping a safe distance, getting off the road when you notice unsafe driving, and practicing patient driving techniques.
Contact a Florida Auto Accident Lawyer Today
Sometimes, defensive driving techniques aren’t enough to help you avoid the recklessness of another driver. If you’ve been injured in a car accident due to the fault of another driver, you may be entitled to maximum compensation. Working with an experienced auto accident lawyer can help you:
- Identify and collect evidence
- Negotiate with insurance providers
- Calculate your damages
- Take your case to trial if necessary
Contact Schrier Law Group today at 1-800-700-7285 to discuss your case with a proven auto accident lawyer.
CAN YOU SUE YOUR INSURANCE AFTER AN AUTO ACCIDENT?
If you get into an accident (specifically one that’s not your fault), your insurance owes you a duty to compensate you for injuries and property damages. However, in many cases, insurance providers fall short on their side of the bargain. Insurance companies will often find ways to deny or underpay claims by:
- Contesting the cause of the injuries
- Disputing the extent of your injuries, or
- Claiming a lack of evidence to establish fault
Many insurance companies are known for denying claims in bad faith or neglecting to properly investigate a claim before issuing a denial. Further, insurance companies are much more likely to take advantage of claimants who are not represented by a formidable auto accident lawyer.
If you’ve been involved in an accident and your insurance company denies your claim or makes a lowball offer, you have options. Contact Schrier Law Group at 1-800-700-7285 for your free initial consultation with a proven auto accident lawyer.
Why Would You Sue Your Car Insurance After an Auto Accident?
Car insurance can help to pay for medical bills, property damage, and other expenses in the event of a collision. However, in many cases, insurers make lowball offers, refuse to pay out viable claims, and use bad faith practices when dealing with auto accident claimants.
The most common reasons to sue your own car insurance company include:
- The driver that causes the accident doesn’t have insurance, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, and your insurance refuses to pay your damages or makes a low settlement offer.
- The driver that causes the accident doesn’t have adequate insurance to cover your damages, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, so you pursue additional damages through your policy.
If your insurance company neglects to hold up its end of the bargain, you have options. Working with an experienced auto accident lawyer can drastically improve your odds of getting maximum compensation for your injuries and damages.
Continue reading to learn more about a recent successful personal injury suit against a major insurance provider in the next section.
Case Study: Ryan J. Burke v. Hernando Lancheros and VL Auto Transport, Inc.
In 2016, Ryan Burke was heading westbound on the I-4 in Orlando. Suddenly, he was struck by a tractor-trailer (going in the opposite direction) and subsequently collided with a concrete barrier. Seconds later, another westbound vehicle rear-ended Mr. Burke.
Mr. Burke suffered serious back injuries due to the collision. With the help of his auto accident lawyer, Ryan Burke sued his employer, the driver of the tractor-trailer, the employer of the driver, and his insurer (Horace Mann Property & Casualty Insurance Co.) to recover his underinsured-motorist benefits.
Fortunately, he hired a skilled Florida auto accident lawyer to represent him. Mr. Burke’s auto accident lawyer successfully negotiated a settlement north of $6 million. If he didn’t hire a proven auto accident attorney, it’s not as likely that he would have received maximum compensation (especially without going to court).
Should I Sue My Insurance Company After a Car Accident?
In most cases, a lawsuit is not necessary. However, it’s recommended that you hire an auto accident lawyer to help you negotiate with your insurer. Insurance companies are notorious for making low-ball offers, denying viable claims, and hindering all attempts to receive maximum compensation for injuries and damages.
An experienced auto accident attorney will ensure that your losses are well-documented, all of your forms are submitted without error, and aggressively fight for the maximum damages you are owed. In the event that your insurer still refuses to pay you fair compensation (even after hiring a lawyer), your auto accident lawyer can file suit.
Further, an attorney can play an instrumental role in pursuing damages from all parties involved in the collision. Attempting to recover damages from multiple parties is generally a complex task reserved for the most skilled personal injury attorneys.
Contact The Best Auto Accident Lawyer in Florida Today
Our auto accident lawyers at Schrier Law Group let our results speak for themselves. To date, we’ve recovered more than $500 million for accident victims in Florida. We take pride in standing up to the insurance companies, asserting our client’s rights, and pursuing maximum compensation for every client.
If you’ve been injured in a car accident due to no fault of your own, it’s in your best interest to consult with the best auto accident lawyer for your circumstances. Negotiating with insurers on your own can lead to:
- Delayed settlements
- Denied claims
- Low-ball offers
How to Take Good Photos After a Car Accident
If you are involved in an accident, comprehensively documenting of what happened could help support your case; should you choose to hire an attorney. Accidents can be a difficult and bewildering time. Therefore, taking photos of the scene of the accident could help you or your attorney catch some of the most important details that could be missed due to your pain or confusion.
If you’ve been involved in an accident, it may benefit you to contact a car accident lawyer. Your Florida accident lawyer can help you obtain the fair value for your vehicle damage and either negotiate an appropriate settlement for your injury case or advocate for you in court. The right attorney will secure the most compensation for you, by presenting the most relevant evidence to ensure that you are awarded all of the damages that you are entitled to.
Take Photos of The Scene And Your Injuries
They say a picture is worth 1000 words. By taking photos of the accident scene, including the damage done to both vehicles, as well as the position of the vehicles after the crash, you will be in a better position to prove what actually took place. Most of the photos can be used as evidence in court.
Many bruises, cuts, lacerations, and scrapes will eventually heal, but having pictures of your injuries could also help your Florida car accident attorney build a case for you. If you have permanent scars or bruises, Florida Law permits you to obtain compensation for the cost to surgically improve the scars and for the permanent damage that has been done because of the negligence of the other driver. Damages are typically awarded based on proof and many photos can provide additional evidence regarding your injuries.
Take a picture of Your Vehicle and Other Vehicles Involved
Capturing photos of your vehicle and the other vehicles involved after the crash may prevent you from being responsible for damages that you did not cause.
The photos that you take could demonstrate some of the details about your accident that you may not recall months or years later. They also may assist your lawyer and legal team with your case, by proving omissions in witness statements, as well as various inconsistencies that may appear on police reports.
Take A Lot of Pictures and Videos
Taking more videos and photos than necessary may prove useful when it’s time to file an insurance claim or a lawsuit.
The more photos you have, the more likely they can provide context for your accident and help your Florida personal injury law firm tell the story of your accident and why you deserve to recover compensation.
It could also be of use to take photos of the licenses and insurance information of the parties involved. After your accident, things may be lost, especially if your car gets towed, along with your personal possessions inside. Taking photos of everyone’s documentation and evidence can ensure that you have a backup. These photos should also be tagged, with the date of the accident, which may come in handy if the Florida statute of limitations is an issue in your case.
Get Close, Shoot Wide, Cover Everything
Getting close-up shots can help provide more details about the specific elements of your accident. They also can provide some evidence as to how the accident may have occurred. Shooting wide shots also provide context, as to where the accident happened and may provide evidence as to who’s liable. A best practice, post-accident, is to take lots of photos, to cover everything that you think will be helpful evidence, whether for yourself or for your Personal Injury Attorney to use.
Give The Photo a Sense of Scale
Placing a small item in the photo to provide a reference point for your damages or injuries could be very useful. Pictures can show how your injuries have changed over time, especially if they worsen. Using everyday items in your post-crash photos as a reference point could help expedite your injury claims process.
Be Sure To Capture Hazards That Led To the Accident
Capturing photos of what may have contributed to your accident could establish who is at fault and, therefore, liable for the accident.
Proving liability is essential to winning a car accident case, whether in or out of court. It is up to you, the victim, to prove who the negligent party was in your case. By capturing the right photos, you will be able to assist in establishing who the at-fault party was and who should be providing compensation for your case.
Don’t Forget About The Lighting in The Photos
Capturing photos with and without flash could make a difference in the quality of the images. That’s why Florida car accident attorneys suggest taking lots of pictures and changing the lighting options on those photos so that you don’t miss any crucial details.
Factors That Can Affect The Quality Of Your Pictures
Many factors could contribute to the overall quality of your photos. The lighting and the angles you take the photo at can affect the appearance and perception of your accident or injuries. Adjust for the lighting, zoom in and out, and secure videos also, to make sure that you cover all of your bases.
Contact The Schrier Law Group Today
If you need a car accident attorney, they will be able to determine which photos to use, post-accident, to assist you with your case, contact Schrier Law Group at 1-800-700-7285. You may not know about some of the best car accident and negligence law firms because they are not necessarily on tv commercials. Schrier Law Group is known for making a huge difference and for changing the negative perception that too many have about personal injury lawyers. The lawyers, investigators, and assistants, at Schrier Law Group, aggressively and compassionately represent those who have unfortunately been injured victims of negligence.