Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Work-Related Florida Trucking Accidents

Published on: November 12, 2010 | By Flaxman Law Group

More people are killed in traffic accidents than in all other types of accidents combined. Driving is simply one of the most dangerous things we do. Each year, more than 250 000 people are injured and another 3000 are killed in traffic accidents. Another 4000 Americans are killed in car accidents and truck accidents in the workplace. While the tragedy and the types of injuries are the same, Florida truck accidents in the workplace and off-work vary in legal liability and insurance coverage.

Many workers who must drive trucks or cars as part of their work are covered by workers compensation and their employer’s insurance in the event of an accident. This means that in an accident, it is these insurance companies that pay. However, workers who are injured in a Florida car accident or truck accident on the job may want to consult with a qualified Florida personal injury attorney at once, since liability issues can be quite complex with workplace accidents.

For example, several factors may contribute to workplace Florida truck accidents or traffic accidents. If the accident took place on company property, poor maintenance of the property, poor safety features, or poor lighting may have contributed to the accident. In these instances, the employer or the property owner may be partly liable for the accident.

As well, in workplace accidents, there tends to be a desire to settle a claim quickly, sometimes before the full extent of an injury and its causes are known. Patients may be unwilling to try to negotiate out of a fear of alienating an employer. In some cases, employers who are hurt and claim workers compensation benefits find that the benefits and coverage only cover a small portion of the lost income and the medical bills created by the Florida truck accident. Once a patient has signed the paperwork, however, there may be little recourse to recover a fairer settlement. If the patient is unable to work for an extended period of time, he or she may face serious hardships due to the accident.

A qualified Florida personal injury attorney can help offer advice and guidance and can help investigate the accident and the resulting injuries. A good attorney can determine the true costs associated with the accident and can negotiate with insurance providers for this amount. As well, a good Florida attorney can help find all liable parties, which can help ensure that a patient has as many medical bills and as much lost income covered as possible.

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Getting The Most from Your Initial Consultation After a Florida Truck Accident

Published on: November 8, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, it is advisable to consult with a qualified Florida personal injury attorney immediately. Many truck accidents in Florida result in serious injuries, such as Florida brain injuries, broken bones, spinal cord injuries, amputations, and other injuries. These injuries often mean high medical costs and lost income. Without legal help, many patients are unable to recover the total costs of their accident from insurance companies. Many good Florida personal injury attorneys provide free initial consultations to clients. This is a great opportunities to discuss your case, get legal advice, and to learn more about your options. If you make an appointment with a Florida personal injury attorney, there are a few things you can do to help make your initial consultation effective and useful to you:

1) Bring all your documentation. If you have medical records, a police report, or any information about the accident or injuries, it is useful to bring this along so that an attorney can evaluate your case. If you have lots of documentation, it may be useful to summarize the details of your case on one page for quick review. If you don’t have any documentation, you should still contact a good Florida personal injury attorney after your accident. He or she can listen to your account of the accident and offer advice based on this.

2) Choose wisely. This is not a mortgage quote, where you will want to get quotes from everyone. Select a Florida truck accident attorney with extensive experience and expertise. An attorney who understands the insurance industry is also useful, since the attorney can help you negotiate with your insurance provider. To find the right attorney, you can ask friends for recommendations, view attorney web sites and online information, or call firms to get details about experience and qualifications.

3) Write down a list of questions you have. You probably have many questions and speaking with an attorney, you will likely think of many more. Carefully write out all the questions you have about your situation and then focus on the five questions which are most important to you. This will help you focus on exactly what you need to ask the attorney.

4) Understand what you want from your consultation. Write down three goals you want to accomplish. For example, you might want to know your options or whether you have a case. Knowing your goals before a consultation with a Florida personal injury attorney increases the chances that you will actually meet those goals.

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Don’t Get Taken in By a Scam After Your Florida Truck Accident

Published on: November 3, 2010 | By Flaxman Law Group

After a Florida truck accident or car accident, you will likely be frightened and worried. You may worry about the medical costs or the lost income you are facing and you may feel overwhelmed by the insurance claims process or forms you need to sign. Unfortunately, there are some people who will take advantage of your situation and may try to create further problems for you by luring you into scams.

Recently, for example, police have been investigating a fraudulent accident help line known as Latina de Accidentes. Authorities allege that while the accident line claimed to send interpreters to accident victims, the people who operated the business pressured callers to commit medical fraud by claiming injuries they did not have.

If you have been in a Florida car accident or truck accident, there are many red flag signs you will need to watch out for:

1) Attorneys who guarantee a result or a recovery amount. No experienced attorney can guarantee an outcome for your case. By hiring a qualified, experienced attorney, you can increase the odds of a fair recovery. However, attorneys know that there are simply no guarantees in a Florida car accident or truck accident case and honest attorneys will make this clear.

2) Insurance professionals who claim you will not receive any money unless you sign a document immediately – without reading it carefully. You should never sign a document after your accident without first consulting a good Florida personal injury attorney. If someone pressures you into something you don’t understand, be wary. You could end up signing away your rights for a lowball offer.

3) Drivers who try to get you to accept blame or try to get you to drive away from any accident. If you have been in a Florida truck accident or car accident, you should not accept any blame. There is simply no way to tell who is liable without a good investigation. Similarly, you should always exchange contact information, insurance information, and license plate numbers with the other driver. If you do not, the other driver may accuse you of a hit and run accident.

4) “Too good to be true” offers. If someone offers you something that simple seems too good to be true – like a guarantee of a million dollar settlement for very minor injuries – proceed with caution. Often, scammers make elaborate offers to hook you in. Always consult with a legitimate and experienced Florida personal injury attorney before agreeing to anything after your accident.

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The Law and Florida Truck Accidents

Published on: October 18, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, legal issues may initially be the furthest thing from your mind. Initially after a traffic accident, your main priority is generally to get medical attention and to contact your loved ones and your insurance provider. However, Florida laws very much affect how your accident case and claim will proceed. There are many pieces of legislation that can affect every aspect of your case:

1) Federal regulations regarding evidence. Under federal rules, commercial trucking companies and carriers must keep evidence related to drivers and their performance – evidence such as driver logs, for example. However, carriers only need to keep this evidence for a specific period of time, after which time they can destroy it. This is one reason why it is so important to work with a Florida personal injury attorney if you have been in a Florida trucking accident. An attorney can secure a court order or take other steps to ensure that evidence is preserved.

2) Regulations regarding insurance. Every Florida driver needs to have, at minimum, liability insurance to drive a car. Commercial trucks are required to have even more insurance in order to protect any victims in a Florida truck accident. The exact amount of insurance a truck company must carry depends on the materials being transported. Trucking companies responsible for carrying hazardous materials, for example, must generally carry far more insurance than companies hauling safer items.

3) Laws regarding liability. In order to recover money for lost wages, wrongful death, pain and suffering, property damages, medical expenses, and other costs, Florida car accident and truck accident victims generally need to show that a driver or truck company acted negligently in some manner and this negligence led to the accident. Obviously, proving negligence can be challenging without the assistance of a good Florida personal injury attorney. Florida personal injury attorneys have access to private investigators and other experts who can carefully research and investigate all the causes of an accident, with an eye to establishing liability.

4) Florida rules regarding damages. In order to recover damages, a Florida personal injury plaintiff must show that he or she has suffered damages. In some cases, it is very easy to establish this. For example, if the victim is a Florida spinal cord injury patient or has sustained serious burn injuries or other types of injuries, proving damages can be simple. However, some types of damages – such as psychological trauma, for example, or whiplash, are not so easy to establish because no conclusive tests exist for these conditions. As well, establishing the total costs for an injury can be difficult and a matter of negotiations, especially if an insurance carrier insists that the claim amount should be modest. A good Florida personal injury attorney can help protect a Florida traffic accident victim in these circumstances.

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When You Need to Run for an Attorney After a Florida Truck Accident

Published on: October 15, 2010 | By Flaxman Law Group

If you have been in a Florida truck accident that has resulted only in a fender bender, you can often handle the claim through your insurance provider. However, most Florida car accidents involving a truck do not end so happily. Many serious Florida brain injuries, amputations, fatalities, spinal cord injuries, and other serious injuries occur each year as a result of truck accidents. There are many reasons besides these why you may wish to see a Florida personal injury attorney immediately:

1) Someone has been injured in the accident. If you or a passenger have sustained a serious or permanent injury, you need to speak to a qualified Florida personal injury attorney at once. Florida spinal cord injuries, burn injuries, brain injuries, and other serious injuries caused by truck accidents can be very costly to treat and most insurance policies only cover a fraction of the total costs over time. It is important to speak to a good attorney to protect your financial future.

2) You have lost significant time away from work or other duties due to the accident. With lost income, you may need to go into debt or face financial hardship due to the accident. Some people even find themselves facing bankruptcy or foreclosure after a serious Florida pedestrian accident, car accident, or truck accident. A good attorney can ensure that you are compensated for the income you have lost.

3) Fault and liability are an issue. If you are being accused of causing the accident or if it looks as though your claim amount may be reduced due to liability issues, it is important to consult with an experienced Florida personal injury attorney. If a police report suggests that you are at fault or contains errors or inaccuracies, it is also vital to speak to a Florida lawyer. A good attorney can ensure that your rights are protected.

4) The accident was complex. If pedestrians or multiple cars are involved in a Florida car accident, liability issues and damages become more complicated. In this case, it is often best to work with a Florida truck accident attorney who has extensive experience in examining the details of complicated accidents.

5) If the accident involves a government vehicle or takes place in a construction site. These situations are legally more complex. Government employees are protected and it may be harder for you to recover all the damages needed for your medical bills, for example, if you are involved in an accident with a government truck. Construction site accidents are also more complex because determining liability in these cases is often challenging.

6) You start to have insurance problems. You rely on your insurance to protect you in the event of an accident. However, if after your accident you find that your liability coverage is too low or if your insurance companies claims you are not covered, it is time to speak with a qualified attorney. Similarly, if your insurance provider stops taking your calls or starts to act unusual or has you speak with the insurer’s attorney, it is imperative to involve a very good Florida personal injury attorney on your behalf. Insurance problems can be very costly and often a good attorney can better resolve these issues.

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Florida Truck Accidents and Structured Settlement Laws

Published on: October 13, 2010 | By Flaxman Law Group

If you have been in a Florida truck accident or other type of traffic accident and have worked with a Florida personal injury attorney to settle your claim, your claim amount may be significant. In fact, many Florida car accidents involving trucks involve serious Florida brain injuries, burn injuries, and even wrongful death claims. As a result, the settlements in these cases can be quite large. If you are expecting a larger settlement in your Florida truck accident case, you may wish to establish a structured settlement plan. A structured settlement means that you will receive your settlement amount in regular installments rather than in one lump sum. This can have several advantages in a Florida truck accident case:

1) Tax benefits. You may be able to set up a structured settlement in your case so that you pay less taxes or even no taxes. Even if your settlement amount is significant, you will of course want to use all of it to recover from your injury, so the less you need to pay in taxes, the more effectively you can use the funds.

2) Money protection. By receiving money gradually, you can be sure that you will have the financial resources in place when you need them. If you are not used to receiving and managing larger amounts of money, a structured settlement can be financially safer.

3) A good asset. You can use a structured settlement just like any asset. It is possible to sell your structured settlement, for example, in order to earn more money for larger purchases. You will need to contact a Florida attorney first, however, to learn about current laws affecting the sale of your structured settlement.

Of course, there are some disadvantages to structured settlements. You may need more money initially to pay for costs and a structured settlement leaves less flexibility in how you will invest your money. You also do not have the option of investing a lump sum settlement in order to make more money.

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If You’ve Been in a Florida Truck Accident, Are You Covered for Your Injuries?

Published on: October 11, 2010 | By Flaxman Law Group

If you have been in a Florida car accident or pedestrian accident involving a truck, you likely will need to make a claim on your insurance policy. Most Florida truck accidents result in serious damage as well as costly medical expenses. For example, Florida spinal cord injuries, brain injuries, and other serious injuries are a common result of truck accidents. Once you have received basic medical attention, you will need to file a claim with your insurance provider at the earlier possible opportunity. You will also want to look at your insurance policy to understand what you are covered for. Your insurance policy may include coverage such as:

1) Liability coverage. In Florida, liability insurance is required to drive a car. This type of insurance covers the personal injury costs and property damage that occurs to others if you have been in a car accident. This insurance may also cover your legal costs. If your liability insurance does not cover the injuries and damages that others have sustained in a car accident, you may face legal action, especially if it can be proven that you are at fault.

2) Collision coverage. This insurance covers the damage which occurs to your vehicle in the event of an accident. This coverage will be paid out, regardless of who was at fault in the accident. If you have a deductible, you will need to pay that and the insurance provider will pay for the rest of the repair costs to your car. Many Florida trucking accidents, however, result in total destruction of a car. If your car is a complete loss, you will receive the cash value of the car.

3) Comprehensive coverage. This type of insurance usually covers damage which can occur due to vandalism, theft, weather, and fire. You will pay the deductible and the insurance company will pay the cash value of your car or the costs to repair your car. If you have been in a Florida truck accident, you will often not need to worry about comprehensive coverage.

4) Medical payments coverage. This coverage pays (regardless of fault) the medical bills of your passengers and yourself. If you receive payment from the other driver in the car, you will need to repay these benefits.

5) Personal injury protection (PIP) and No-Fault coverage. These optional and additional features of your insurance policy may cover additional medical costs as well as lost income and related expenses of your car accident.

6) Uninsured and underinsured driver coverage. This insurance protects you in the event that you are in an accident with a driver who does not have the legally required liability insurance or does not have enough insurance to cover your injuries. If you have this insurance coverage, your own insurance company will pay for your injuries and damages.

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Finding the Right Attorney After Your Florida Truck Accident

Published on: October 8, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, you will likely need a good Florida personal injury attorney. Most Florida truck accidents result in serious injuries, property damage, and complex legal and liability issues. A good attorney can safeguard your rights and can ensure that as much of your injuries and damages are covered as possible. However, how can you find the right attorney for you?

The first step is to find a Florida personal injury attorney who handles Florida truck accidents. Then, you will want to contact the attorney for an initial meeting. Many good attorneys offer an initial no-cost and no-obligation consultation. This initial meeting is your chance to ask questions and to decide whether a specific attorney is right for you. Among the things you will want to find out are:

1) Experience. Look for an attorney who has years of experience in Florida truck accident cases as well as trial experience. An attorney with extensive experience with insurance companies can also be very useful in helping you to negotiate with insurance providers. Look for someone who has handled many cases and has also won many cases.

2) Specialty. Ask a potential attorney about the types of cases they have worked on and the similarities between those cases and yours. Be aware that your case may overlap several practice areas. For example, if you have sustained a Florida spinal cord injury and head injury in a truck accident, look for an attorney who has handled spinal cord injury cases, brain injury cases and truck accident cases.

3) Professional standing. Look for a Florida personal injury attorney who has good standing with the bar association, a good education from a recognized law school, and a good reputation. Also, ask for – and check – references. A good attorney will be able to let you speak to references who can attest to the attorney’s professionalism and helpfulness. Be wary of attorneys who promise results as well – good attorneys know that there is no such thing as a guaranteed win or claim.

4) Price. Many Florida personal injury attorneys work on a contingency basis, meaning that they will not be paid until and unless you recover for your claim. However, you will want to ask whether your attorney works on a contingency basis and you will want to ask about fees to ensure that the fees seem reasonable to you.

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What Can You Recover After a Florida Truck Accident?

Published on: October 6, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, you may have lost income and you may face medical bills. An insurance provider may offer you a claim, but how can you be sure whether that amount will cover all the costs of your injury? In most cases, it is difficult to be sure – unless you speak with a qualified Florida personal injury attorney. A good attorney will take several things into consideration when evaluating your claim:

1) Medical costs. In most Florida truck accidents, medical bills will be a major expense that you will need to recover. You will need to consider the costs of hospital treatment, doctor’s visits, emergency room bills, chiropractic treatment costs, physical therapy expenses, medication costs resulting from your injury, and the cost of any medical devices (such as crutches or accessibility ramps) that you need as a result of your injury. If you have sustained a Florida burn injury in the accident, for example, you may also need reconstructive surgery as well as other treatments. All of these must be considered to get an accurate assessment of your total medical costs.

2) Future and ongoing medical expenses. If you will likely need future medical expenses and treatments due to your injury, you will need to consider these in your claim. Usually, a medical specialist or doctor can advise you of future costs. For example, Florida spinal cord injury patients may need nursing care, wheelchairs, and replacement medical devices for the rest of their lives. Insurance companies are often unwilling to consider these expenses in an initial claim and this is something that a good Florida personal injury attorney will pursue and negotiate.

3) Lost wages. If you have been in a Florida truck accident, you will likely have to lose at least some work and therefore some wages. You may lose work while you are in the hospital and while you recover. You may also lose work due to return doctor’s visits and ongoing care. If you have sustained a long-term or permanent injury, you can also recover money for the loss of earning capacity.

4) Pain and suffering. In a personal injury claim, juries will consider long-term and severe pain and may award damages based on the amount of pain a plaintiff suffers. If a plaintiff has suffered depression or mental anguish as a result of the injury, he or she may also be awarded an amount based on mental anguish.

5) Property damage. A Florida truck accident usually results in plenty of property damage as well as physical damage. If your car or other personal property was destroyed in the accident, an attorney will usually make a claim to recover these costs as well. If there were valuables in the car – such as laptops or digital cameras – you may be able to recover these values as well.

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What A Florida Personal Injury Attorney Does for You After a Florida Trucking Accident

Published on: October 4, 2010 | By Flaxman Law Group

If you have been in a Florida car accident involving a truck, you may wish to consider working with a Florida personal injury attorney, especially if your loss of income or injury costs will be larger than your insurance deducible. Your Florida personal injury attorney can help you in many ways after your accident:

1) An attorney can help you examine your situation. A qualified attorney can assess the extent of your damages and injuries as well as the costs involved. Even a non-permanent injury can cost you thousands of out-of-pocket expenses over a period of months, as you visit the doctor for follow-up visits. A good attorney can help you understand the true costs of the accident and can help you examine the legal issues surrounding your case. A good attorney often knows what the insurance company won’t tell you and can advise you.

2) An attorney can secure additional evidence after your Florida trucking accident. A good attorney works with private investigators and also knows what to look for in medical records or police reports in order to bolster your case. He or she can help you understand what has happened in your accident and can help find whether anyone is liable in your accident.

3) A good attorney can negotiate on your behalf. Insurance providers often hire highly trained attorneys and negotiators to offer you low claim amounts. An attorney works on your behalf and ensures that your interests are protected.

4) A good attorney can offer legal coaching in your case. Even if you decide to negotiate or represent yourself in your case, an attorney can still offer you coaching by proving you with information about your legal case and can help you with every aspect of your case.

5) A qualified attorney can represent you in court if you decide to file a lawsuit. A good attorney with trial experience knows how to address a jury or judge in order to present your case in the strongest manner possible.

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