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

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.

Continue reading →

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.

Continue reading →

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.

Continue reading →

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.

Continue reading →

Resources That Can Help After Florida Trucking Accidents

Published on: October 1, 2010 | By Flaxman Law Group

After a Florida trucking accident, you will need as many resources as possible as you work to recover. Being in a Florida car accident involving a truck is devastating and often leads to serious injuries as well as losses. This is not a time to try to be stoic and do it alone. There are many people who can help you as you recover:

1) A Florida personal injury attorney. An experienced Florida personal injury attorney can be invaluable when you have been in a serious Florida pedestrian accident, traffic accident, or any incident causing injury. A good attorney can ensure you don’t sign away your rights and can help ensure that your accident is carefully investigated in order to find all liable parties. A good Florida personal injury attorney can help ensure that you get all the support you are entitled to under the law as you recover. Working with a good attorney can help ensure quality care and can ensure that you pay fewer costs out of pocket.

2) Friends and family. After an accident, you will need your friends and family as your emotions run the gamut. Friends and family can support you emotionally and encourage you as you heal.

3) Insurance providers. If you are covered by insurance, insurance providers can play a large role in ensuring that most of your accident-related costs are covered so that you are not responsible for these costs. Unfortunately, not all insurance providers are eager to pay you fully for the costs of your accident. For this reason, it is often good to work with a Florida personal injury attorney to ensure that your costs are covered.

4) Counselors. If you are still having trouble recovering from your accident after a few weeks, you may wish to seek help from a counselor or therapist. This can help you get help in recovering from the emotional trauma, especially, of your accident.

5) Health care professionals. After your Florida truck accident, you will likely need to rely on health care professionals and doctors for at least part of your recovery. In many cases, you may need to rely on specialists as well. Florida burn injury patients, for example, may need to work with cosmetic surgeons to recover while Florida spinal cord injury patients may work with surgeons and rehabilitation professionals in order to regain mobility.

Continue reading →

Coping with Loss After Florida Truck Accidents

Published on: September 29, 2010 | By Flaxman Law Group

Florida trucking accidents can be devastating for the losses they cause. If you have been in a Florida car accident involving a truck or have been in a trucking accident, you may face many losses:

1) Loss of your health. One of the most tragic losses associated with Florida trucking accidents is the amount of devastating injuries which can occur from such accidents. Due to the size and force of large commercial trucks, Florida trucking accidents may result in amputations, brain injuries, broken bones, spinal cord injuries, burn injuries, and other serious injuries. In some cases, these injuries may be permanent and can affect every aspect of a patient’s life.

2) Loss of income. Florida trucking accidents often leave patients unable to return to work for weeks. In some cases, permanent injuries mean that patients can never return to work. Worse, while trucking accidents deprive a victim of income, they also almost always mean substantial medical bills and other costs.

3) Loss of family members. Florida truck accidents often lead to fatalities, depriving families of parents, siblings, children, and loved ones. It can often be devastating to try to recover from such a loss.

4) Property loss. Patients who are in a Florida car accident involving a truck often do not think about property loss immediately, but this type of loss can be significant. You may lose your car as well as any valuables in your car during a collision.

Continue reading →

Everyone Has a Role to Play in Preventing Florida Truck Accidents

Published on: September 27, 2010 | By Flaxman Law Group

There are many people who can help prevent car accidents:

1) Legislators. Lawmakers can and do pass laws which can help prevent Florida truck accidents. Legislators, for example, can pass laws regulating the trucking industry or pass laws regarding the rules of the road.

2) Advocacy groups and the press. Advocacy groups and the press play an important role in preventing Florida car accidents and truck accidents because they raise awareness about traffic accidents and the issued which cause them. For example, in recent years, the media as well as advocacy groups have raised the alarm about distracted driving and in some cases have been successful in convincing the public about the dangers on the roads.

3) Citizens. Citizens form an important link between advocacy groups, the media, and legislators. Citizens, responding to media reports and their own experiences, often lobby legislators and local representatives in order to change laws. By discussing events related to road safety and trucking accidents, citizens can also help spread a message about safety.

4) Trucking companies and the trucking industry. Trucking companies play a pivotal role in preventing Florida trucking accidents. Trucking companies can decide to put profits first or can make a commitment to safety. They can decide to carefully select and train safe truckers and can create conditions which encourage truck drivers to make good decisions about safety.

5) Truck drivers. When truck drivers get behind the wheel of a large truck, they decide on a moment-to-moment basis how safe they will be. Truck drivers decide whether to speed, whether to text and drive, and whether to keep their full focus on the roads.

6) Motorists and others who share the road with truck drivers. Motorists, too, have a responsibility for staying safe on the roads. Good motorists stay out of truck blind spots and avoid cutting trucks off.

7) Law enforcement. Law enforcement ensures that the laws passed by legislators are adhered to – both by truck drivers and motorists.

Continue reading →

Thank Safe Truckers This Week for Working to Prevent Florida Trucking Accidents

Published on: September 24, 2010 | By Flaxman Law Group

This week is National Truck Driver Appreciation Week, organized in part by the American Trucking Association (ATA). This is a good week to appreciate the safe truckers on our roads – the truck drivers who work to help prevent Florida car accidents and truck accidents by driving safely and responsibly. Events have been held by trucking associations in every state to mark the week.

In celebration of National Truck Driver Appreciation Week, the ATA has released some fascinating facts and statistics about our nation’s truckers:

1) In America, there are over 3.4 million professional truckers at work, driving more than 431 billion miles on our streets.

2) In 2008, truck drivers delivered 68.8% of the total US freight, which is about 10.2 billion tons of freight.

3) The National Highway Traffic Safety Administration (NHTSA) reports that trucking accidents have decreased by 20% between 2008 and 2009 and fatal truck accidents are at an all-time low after declining four years in a row. While Florida trucking accident rates do tend to be higher than the national average in some years, the overall downward trend is certainly good news.

4) Fatality rates for truck occupants decreased 26% in 2009. New laws may be helping, according to some industry experts. Since 2004, when Hours of Service regulations were introduced, the overall fatalities in truck-related accidents has decreased 33%.

5) Truck drivers drive long distances. Regional truck drivers drive 48, 000 miles per year and long haul drivers drive an average of 100, 000 to 110, 000 miles per year.

Continue reading →

Florida Trucking Accident Facts

Published on: September 20, 2010 | By Flaxman Law Group

Public consumer groups dedicated to making our streets safer often speak out against Florida car accidents involving trucks. Advocacy groups, often organized by families of people who have lost their lives to Florida truck accidents, point out that large trucks are harder to control, more dangerous when they share the road with much smaller passenger vehicles, and are more difficult to stop suddenly in traffic. According to Road Safe America, an 80,000 pound tractor trailer traveling at 70 miles per hour has a similar impact in a collision as a passenger vehicle traveling at 360 miles an hour.

Across America, over 400, 000 commercial trucks and large trucks are involved in trucking accidents annually. These truck accidents resulted in more than 90, 000 injuries and 4, 200 deaths in 2008 alone. Florida trucking accidents also have a high fatality rate and often result in severe, permanent injuries, such as Florida brain injuries, spinal cord injuries, amputations, and serious burn injuries.

Many people feel very safe beside big trucks on the road because they do not realize the devastation that trucks can cause. Many of the statistics released about truck accidents in Florida and in the US also seem innocuous. For example, only 12% of traffic fatalities are attributed to truck accidents, according to National Highway Traffic Safety Administration. As well, the media has reported in recent years that the number of fatal; truck accidents has dropped somewhat. While this is a positive step forward, other statistics suggest that there is no room for complacency:

Continue reading →

Father’s Quest to Reduce Florida Truck Accidents

Published on: September 17, 2010 | By Flaxman Law Group

In 2008, Russell Hurd’s daughter, Heather, was killed in a Florida car accident involving a truck when a truck ran a red light and collided with eight passenger vehicles. The truck driver was distracted by text messaging when the accident took place. Since then, Hurd has been trying to ensure that laws are passed banning drivers from talking on their cell phones or texting while driving.

Earlier this year, bills which would have banned text messaging and cell phone use in cars and trucks in Florida were killed in committees. Hurd has another opportunity this upcoming Tuesday, when a summit on distracted driving will be held by U.S. Transportation Secretary Ray LaHood in Washington. Hurd and others hope to convince lawmakers at the summit to change the laws to help prevent Florida truck accidents and car accidents involving distracted drivers.

According to the National Highway Traffic Safety Administration, 20% of all accidents in 2008 were caused by distracted driving. That same year, there were 6,000 fatalities due to distracted driving. Drivers who are distracted are four times more likely to be in an accident than drivers who are not distracted.

Continue reading →