auto accident

Making Sure You Have The Right Car Accident Attorney

A car accident is something that could leave physical and emotional scars for the rest of your life. If you are in an accident, you will want to make sure that your medical costs are covered and that your legal and financial interests are taken care of. If you are incapacitated, then you will need someone to speak for you that understands how insurance companies work and can make the right decisions for you and your family. A car accident attorney will make sure that your interests are protected and that your needs are met while you are in the hospital and after you get out.

One of the biggest challenges with getting in an accident is having to deal with the insurance companies and government agencies. It can be expensive to get medical treatment for the severe injuries that can occur in an accident that was not your fault. The insurance companies will try to deny you the coverage you are entitled to almost immediately. When you are out of the hospital, you will also have to fight for the compensation you are due for lost time at work and the potential loss of future income. It can all... ...read full post

posted by M David Shapiro , in:
auto accident personal injury

Getting A Fair Accident Settlement

The potential for a personal injury to change a person’s life is substantial. If the injuries are severe enough, then the long-term effects can range from an inability to go back to work all the way up to issues with being able to get around. If you are the victim of a serious accident that was due to someone else’s negligence, then you do not want to count on the insurance companies to do the right thing. When you are looking forward to compensation to turn your life around, you want to have an experienced injury lawyer working on your side. Only an experience attorney should be trusted to fight the insurance companies and get fair compensation.

When you are seeking an accident settlement, you are only seeking funds that are going to compensate you for the initial loss of property and wages due to the accident and any potential long-term income loses. When you are involved in an accident that was not your fault and you are unable to go back to your job, then that can affect the rest of your life. You will need to find a new way to generate an income and then you... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Car Crash Attorney - Addressing An Event That Can Change Your Life

There are few things in life that can be so sudden and impact your life as quickly as a car crash. Even the term “car crash” has a violent and sudden connotation to it that makes people cringe when they hear the term. Now imagine that you have been in a violent car crash and your life is about to change. What do you do? Where do you turn? How will you survive? There is a great deal of pain, confusion and fear for the victims of a sudden car crash. A car crash attorney is the professional that will get the answers to those questions as well as have the process that you will follow to get your life back. A good attorney can make a terrible situation better and get you what you need to move on with your life.

After you have been initially treated for your injuries in a car crash, you will need to evaluate your life and see where you stand. Are you able to go back to your job? If not, what will it take to get you back into the work force? How will you pay your bills while you are trying to... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

A Personal Injury Lawyer Will Represent Your Interests During An Accident Settlement Case

Accidents can happen to anyone at any moment. The negligent party may not have caused the injuries on purpose, but it still affects people’s lives and can cause a lot of pain. There are several different steps that a victim needs to take before being able to get the settlement he deserves from the insurance companies. But it is important for victims to realize that they should not take on the insurance companies on their own. Hiring an experienced personal injury lawyer is one of the best moves an accident victim can make. The victim did not plan on being in the accident, but that does not mean that he has to put up with the consequences.

One of the primary duties of a personal injury lawyer is to collect all of the facts that are pertinent to the accident and verify them. When an insurance company denies a claim or offers an unfair settlement, it will take evidence in a court of law to force the insurance company to changes its mind. Without the proper kind of evidence, the victim has no chance of getting the insurance company decision overturned. That is why a lawyer is critical to the victim’s... ...read full post

posted by Bernard F Walsh , in:
auto accident personal injury

When You May Need An Accident Lawyer

Accidents and unfortunate incidents happen on a daily basis in communities all over the world. People slip and fall, walk into areas they should not be in or just find themselves in the wrong place at the wrong time. One of the things that people will neglect when they have been the victim of an accident is getting in touch with a good accident lawyer. Many people feel that an accident is just an unfortunate mishap and that there is no reason to get attorneys involved. But if your accident was the result of someone else’s negligence and it is costing you money in any way, then you need to look into getting legal representation.

A good example of a time when people may need an accident lawyer is if they are pedestrians and they are struck by a vehicle. The instances of pedestrian accidents are increasing all over the world and people need to be able to hold negligent drivers accountable. Sometimes it isn’t even the driver that hit the pedestrian who is at fault. If a car is struck by a negligent driver and then that car strikes the pedestrian, then it may be the first... ...read full post

posted by Bernard F Walsh , in:
auto accident personal injury

Auto Accident Lawyer - Distracted Driving Is A Leading Cause Of Accidents

Any auto accident lawyer knows all too well that distracted driving is a big reason that people have so many auto accidents. Today's world is so fast-paced and busy that people are often taking driving as a secondary task when they are behind the wheel of a car. Driving should be THE focus when you are in the car, but so many people get comfortable and think that they can handle doing other things while they are on the road. If you're ever involved in an accident that is the result of distracted driving, there are a lot of different elements that will come to light to help you fight your case.

If you ask an auto accident lawyer about distracted driving cases, you might be surprised at some of the stories that you hear. Everything from simple phone calls and text messages to stories of people shaving, eating, reading the paper or documents for work, and even women who are doing their makeup as they drive down the road has been documented at some point for causing an accident. You know that you're a good driver, but the... ...read full post

posted by Bernard F Walsh , in:
auto accident motorcycle accident personal injury truck accident

Auto Accident Injuries And The Damages They Can Cause

You should know that there is not always a direct relationship between the severity of the car accident and the seriousness of the injury. Major accidents usually cause major injuries and minor accidents often result in little or no injury.

Although Sarasota car accidents can cause many different injuries, to virtually any part of your body, these are the most common car accident injuries:

Facial and Head Injuries- such as a scrape, bruise, laceration, fracture, dental injury.

Brain Injuries – such as a concussion, post-concussion syndrome, closed head injury, traumatic brain injury.

Neck Injuries- such as a sprain, strain, whiplash, fracture, cervical radiculopathy, disc injury.

Shoulder and Arm Injuries – such as a laceration, sprain, strain, fracture, dislocation, rotator cuff injury.

Back Injuries – such as a sprain, strain, fracture, disc injury, thoracic spine injury, lumbar radiculopathy, lumbar spine injury.

Leg, Knee and Foot Injuries – such as a laceration, bruise, fracture, sprain, strain, dislocation, ligament injury, hip injury, knee injury, foot injury.

Psychological Injuries – such as a post traumatic stress disorder.

Death

You’ve probably heard about car crashes where a car was totaled but the driver . . . miraculously . . .... ...read full post

posted , in:
auto accident personal injury

Car Accident Attorney - The Information A Car Accident Attorney Collects

One of the reasons that people allow an insurance company to avoid paying out a fair settlement after a serious car accident is because the victim and his family are unfamiliar with how the settlement process works. If you become the victim of a serious car accident, then you need to have someone on your side that understands the process and has experience in getting the results that you need. A car accident attorney is going to be able to help you get the financial settlement you need to pick up the pieces of your life and get back on your feet. It takes experience to know what information a court needs to hear to rule in favor of an accident victim. That is the kind of experience you are looking for with a good lawyer.

A car accident attorney is going to collect all of the information necessary to re-create the accident and get all of the responsible parties involved. Your lawyer will collect names, dates and a long list of other pieces of information that will help to put together the facts on what really happened. Then the courts will get to see how responsible the other party was... ...read full post

posted by M David Shapiro , in:
auto accident injury law firm personal injury

Accident Settlement - Getting What You're Owed

An accident can shatter multiple lives in an instant. Whether it causes death, leaves you disabled, or just causes a months-long problem in your life, there's no real way to argue that an accident is any fun at all. One of the worst aspects of an accident is the huge financial burden that it can trigger. In many cases the hospital bills, lost wages and mounting debt can swallow you up. It's even worse when the accident isn't your fault, but caused by the reckless actions of another. In these cases you could be owed an accident settlement that will help you escape from the financial burden your accident has placed you under.

An accident settlement is just what it sounds like. You'll pursue legal action against the person or entity that is liable for your injury and be awarded monetary compensation. In some cases the sum only covers medical bills, while in others it could exceed millions of dollars. Of course, the defendant in your case will do all that they can to prevent you from being awarded anything. Your rights are important, but in the skilled hands of the right... ...read full post

posted by David L Goldman , in:
auto accident brain injury motorcycle accident personal injury

18 Wheeler Accident - Fighting For What You're Owed

Motor vehicle accidents are dangerous, deadly, and all too common. Among them, few are as serious as an 18 wheeler accident can be. The sheer size of these big rigs, especially when they impact a passenger car, can be devastating. If you or someone you love has been injured or even killed in an accident involving a big truck, there's a good chance that it wasn't your fault at all. You may have the right to file litigation and pursue financial compensation to help cover the costs of your medical bills, injuries, loss, and even the stress and fear that you've been subjected to.

It isn't as easy as snapping your fingers, however. Trying to do so on your own will usually lead you nowhere fast, and cause even more stress to be placed on your shoulders as a result. Instead, trusting an attorney to help you get what you're owed after an 18 wheeler accident is a much better option. There are plenty of different reasons for this, and when you realize just what you're up against when you try to pursue legal action you'll see why as a plaintiff you'll need all... ...read full post

posted by M David Shapiro , in:
auto accident personal injury truck accident

Why You Need A Personal Injury Lawyer After Your Accident

An Insurance company will have millions, and sometimes billions, of dollars in
assets that it can call on to protect its own interests. It can seem unfair, but insurance companies will look to preserve those assets even against victims of major auto accidents. If you are ever injured in a serious car crash, then you should have your medical bills and compensation covered by the other party’s insurance company. If your financial needs are not being met by the insurance companies, then you need to hire a personal injury attorney. A lawyer will speak for you in the courts and make sure that the insurance companies are made to pay their fair share for your situation.

People do not want to have to think about hiring a lawyer when they are involved in a serious auto accident. But if the insurance company does not meet its financial obligations to you, then you need to protect your interests. A personal injury attorney will contact the insurance companies for you and make sure the companies understand your case. A good lawyer will lay out what should be considered fair compensation from the insurance companies and then try to get the companies to agree to... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Finding Help After A Serious Truck Accident

There are several reasons why people get into accidents with trucks. Two of the most common causes of truck accidents are slippery road conditions and driver fatigue. If you are ever involved in an accident with a truck, you may find yourself in need of the kind of financial assistance that insurance companies are supposed to provide. But you may find that the insurance company that represents the truck that hit you may not be so willing to take up your cause and give you financial settlement you need to pay your bills and move forward with your life. That is why you need a good truck accident lawyer to help you get the kind of financial settlement you need to get on with your life.

An accident with a large truck can be sudden and catastrophic. The sight of an out of control 18-wheeler sliding across lanes of traffic can be terrifying to anyone. When the accident is over, you will need medical attention to recover from your injuries and get the ongoing care you need to live your life. You will also need some kind of financial assistance to deal with the loss of income you may experience when... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm truck accident

Ways In Which A Car Accident Lawyer Can Help You

A serious auto accident can change the victim’s life instantly. Suddenly there are many things to take care of and a long list of very hefty financial obligations. The frustrating part is that, in most cases, the victim was just minding her business and driving her car when she suddenly became part of a serious auto accident. If you become the unfortunate victim in an auto accident, you should not wait to see what the insurance company of the other party is going to do to help you meet your financial needs. You should become proactive and hire a good car accident lawyer as soon as possible. An experienced attorney will be your voice when the insurance company tries to shout down your requests for payments.

A car accident lawyer can become a valuable asset to a victim who has compiled a significant list of medical bills. Immediately after the accident, the victim will need medical transportation to an emergency care facility. In most cases, the use of an airlift service is not covered by insurance. This becomes a huge expense that the victim will be responsible for. The initial costs of medication, medical treatment and any medical equipment such as... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm personal injury

Motorcycle Accident Lawyer - Getting Help Recovering From A Motorcycle Accident

A motorcycle accident can be a terrifying event. A motorcyclist is exposed and can sustain significantly more injuries than someone in a car accident. But every situation is different and every accident must be looked at as a unique situation. When a motorcyclist is involved in an accident that is not his fault, then that motorcyclist counts on the other party’s insurance company to offer financial restitution. If you have been in a motorcycle accident and you do not feel you are getting a fair deal from the insurance company, then you need to contact a motorcycle accident lawyer to get properly represented. An attorney can make certain that the insurance company hears your demands and reacts to them in an appropriate manner.

When you have been in a serious motorcycle accident, you will want to choose a motorcycle accident lawyer with experience. An accident is terrible regardless of what kind of vehicle you were driving. But the situation with a motorcycle can often be different than that of a car or truck. An experienced motorcycle accident attorney will know what to look for in your situation and determine the best way to get you the settlement you deserve. When it... ...read full post

posted by M David Shapiro , in:
auto accident motorcycle accident personal injury

Accident Compensation - Getting What You Deserve

Accidents are, sadly, a simple fact of life. It may be as simple as cutting your finger while peeling an apple or as major as a slip in the shower, but accidents can have a profound impact on your life. When a major accident negatively impacts your life and leaves you injured and owing big bills to hospitals, the stress is even worse. And when that accident was actually caused by someone else and their recklessness or negligence, it can be absolutely infuriating. But getting accident compensation isn't as easy as asking nicely, and most defendants will do all they can to avoid giving you what you're owed.

An insurance company may pay out a small sum to help with your costs, but usually it's only the equivalent of 'hush money', a tiny figure to keep you quiet and make you feel like you're taken care of. In reality, you're probably owed much more in accident compensation that an initial settlement offer will provide. Your medical bills and lost wages could reach into the tens or even hundreds of thousands of dollars, which means that the little amount you were paid is really nothing more than pocket change. To get the... ...read full post

posted by Michael J Babboni , in:
auto accident injury law firm personal injury

Why You Need A Personal Injury Lawyer After Your Accident

A serious injury from an auto accident can be something that will change your life forever. Most people want to believe that the insurance companies will do the right thing and cover the costs the victim incurs for the accident as well as ongoing expenses. But the truth is that an insurance company often has its own best interests in mind and would be more interested in paying the bare minimum or not paying anything at all. That is why an accident victim needs to hire a personal injury lawyer immediately after a serious accident to make sure that his rights are protected and that he is properly represented to the insurance companies.

It is important for car crash victims to let insurance companies know that the victims expect fair treatment after an accident. It can sometimes mean becoming a plaintiff in a case that goes before a jury, and you can rest assured that the insurance company will not make a very friendly defendant. But if you want to make sure that all of your medical bills are paid and that you get a settlement which will help you get back on your feet, then you need to hire... ...read full post

posted by M David Shapiro , in:
auto accident personal injury

Get A Lawyer - Insurance Company Giants Deny Accident Claims To Increase Profits

In a recent story from Anderson Cooper on CNN, investigative reporters uncover a disturbing new “policy” by the Nation’s largest auto insurance companies, State Farm and Allstate.

If you are injured in a "minor" accident, the nations largest auto insurance companies will challenge your medical claims, drag out your claims process and offer only a fraction of your medical expenses.

Insurance companies have created a deliberate strategy of forcing people into court and dragging out court cases for months or years, to bankrupt the case as well as a nation wide PR campaign to paint insurance claims cases as fraud. Simply put- Delay, Deny and Defend. As in delay the claim, deny the claim and defend their position in court. The aim of the new assault on the American consumer is to both dissuade claims and make it too expensive for accident victims to get the compensation they have paid for from their insurance policies.

Furthermore investigative reporters from CNN have examined documents outlining the motive for the new aggressive strategy was blatantly stated: higher profits - not fighting fraud. In addition Allstate has been sued to make public the documents and Allstate has not complied with the judges ruling in at... ...read full post

posted by Bernard F Walsh , in:
auto accident injury law firm law firm personal injury

What People Don't Know About Auto Accidents

Auto accidents happen every single day, by the thousands. There are so many different things that can cause these accidents and it's going to be up to you to figure out the facts. A car accident attorney will tell you that distracted driving is the leading cause of accidents today. People are too busy to just drive anymore, it seems, and it's taking a toll on lives and accident statistics alike. If you are driving and doing anything else, you are risking an accident that can easily be avoided if you take the time to focus on the road at all times.

Resources and experience available to an auto accident lawyer can give you the details about these accidents and help you understand exactly what you are dealing with. There are so many different resources out there, including state and national statistics and information databases, that you can use to learn all about car accidents and their prevalence. Distracted driving is the most common cause of accidents today and cell phones are easily taking the cake in terms of distractions. People who are talking, texting, or browsing the internet on their phones are causing a lot of unnecessary accidents on the... ...read full post

posted by Bernard F Walsh , in:
auto accident distracted drivers Florida Law injury law firm personal injury

Accident Injury Law Firm - 5 Reasons You Deserve Their Services

When you consider hiring an accident injury law firm, there are a lot of different reasons that you might need them. If you can take the time to figure out exactly what is going on, it will be easier for you to get the right lawyer and the best chances of winning your case. However, if you are like most people, you're probably on the fence about even hiring these services in the first place. Typically, if you have been involved in any type of accident or injury situation where someone else is at fault, you have a claim. However, here are five reasons to show you that you deserve an accident injury law firm:

-A specialty accident law firm will know all about the details of injury law.
They will have the knowledge and tools to make sure that you're getting the most out of your claim, and whether you even have a claim worth fighting. By taking the time to find a specialty lawyer, you will be able to get what you deserve.

-If you have been in an auto accident or personal injury situation, you have probably racked up some good medical bills.
Hiring a lawyer will... ...read full post

posted , in:
auto accident injury law firm personal injury

Why Hire A Florida Accident Lawyer

Auto accidents are quite common, they happen every day. But it is not every day that an accident changes your life. When accidents occur where there is serious injury or even death, it can be helpful to have someone on your side to negotiate with the settlement of the insurance company. No matter what kind of injury occurs: neck, head, brain, spinal cord, shoulder, knee, etc., you deserve to be compensated accordingly. Hiring lawyers for auto accident may be the best thing you ever did to protect your rights and get back as much of your life as possible.

When you are injured or someone you love is injured, the last thing you want to do is fight with an insurance company to get your medical and physical losses taken care of. You may even need to remedy psychological damages and pain and suffering. If you are unsure of your rights and obligations hiring a lawyer for auto accidents can make the entire process easier. A lawyer with experience has the knowledge of how insurance companies work and how to get you a full and fair settlement. Nothing you can do can replace that experience and power.

It is important... ...read full post

posted , in:
auto accident injury law firm personal injury

More Florida Car Accidents Caused By Driver Distraction From Smart Phones

iCrash - Don't Text While Driving - More serious auto accidents are being caused by texting while driving distracting drivers

Over the past few years a new generation of smart phones and other mobile devises have made their way into everyday life - including driving and auto accidents. With the latest technology these new Smart phones are capable of nearly everything a personal computer is - including watching movies, browsing the internet,checking your email and of course making calls and text messaging. Smart phone technology has advanced so fast and become so popular that mobile devices are poised to overtake personal computers as the top technology for personal use.

As in many times before, technology has outpaced society's ability to set up proper laws and guidelines for how it should be used. Legislatures are playing catchup to adjust the law of the land to keep the roads safe from the impacts of this latest generation of technology that while overall very positive, can be very distracting for car and truck drivers and is turning out to be a major cause of serious car accidents. California among other leading States, have... ...read full post

posted by David L Goldman , in:
auto accident distracted drivers injury law firm wrongful death

Common Causes Of Motorcycle Accidents

In Florida, motorcycle accidents happen every day, with many many motorcycle accidents result in in serious injury or death. Anything from roadway hazards, wildlife, rider error or more commonly a collision with an automobile can cause a serious motorcycle accident. Even if you do not ride a motorcycle it is important for drivers to be familiar with common situations that can result in a serious motorcycle accident.

Motorcycle and Car or Truck Collisions.

A lot of automobile drivers have the misconception that most motorcycle accidents are caused by aggressive riding or motorcycle riders being irresponsible on the road. However, the majority of motorcycle accidents occur because car and truck drivers simply do not see bikers. Poor weather conditions can contribute to a driver not seeing a bike or many times a driver is not aware of a rider in the automobile's blind spot. Drivers should be a little more careful when changing lanes or crossing intersections - always check twice in your blind spot an take a second look for bikers especially when turning left at a busy intersection.

Sudden-Stop Collisions.

When a rear-end accident... ...read full post

posted by Michael J Babboni , in:
auto accident motorcycle accident personal injury

Injured In A Florida Auto Accident? Beware Car Insurance Pitfalls.

Auto accident law quiz question: Why do we need automobile insurance?

A. Because the law requires it.

B. Because it's the smart thing to do to protect you and your family from personal injury.

C. All of the above.

The correct answer is “C.” First Florida law requires that everyone who owns an automobile purchase insurance. Florida drives are only required to have personal injury protection or “PIP” coverage, which pays the medical expenses of 80 percent up to $10,000, regardless of fault. Some people elect a large deductible, presumably to reduce the premium. Unfortunately, they don't realize until it's too late the few dollars they saved on premiums will cost them thousands if they are injured in the accident, which is why the insurance was purchased in the first place. Florida law also requires that the driver responsible for the accident have property damage coverage of $10, to pay for damage to the other car. If you have the required coverage, you are deemed “insured”. Unfortunately, motorists are not required to carry insurance to compensate victims of car accidents that are not at fault. Although the insurance requirement was born from good intentions, you cannot legislate common sense. That's optional.

For my part... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury personal injury PIP um uninsured coverage

Uninsured Motorist Make A Challenging Auto Accident Injury Case.

As a Florida Auto Accident Lawyer, I feel a sense of purpose when I represent an injured victim of an accidental but nevertheless senseless, act of negligence. Sure, there is a lot of stress, hard work, legal pitfalls, politics and negative preconceived notions, but at the end of the day, I feel a great sense of provide for whatever I'm able to accomplish on behalf of my personal injury client.

When Kim Bonner requested I write an article for The Docket, what I could offer to an audience of Sarasota Lawyers, many of whom I am families with fro working with or against them defending the legal rights of my clients on current and past personal injury cases. There are a number of excellent personal injury lawyers in Sarasota, so to offer any comments is like "preaching to the choir." However, I have noticed that a fair number of Lawyers who practice primarily in other areas are marketing for personal injury cases, which is perfectly acceptable we are all entitled as many clients as we can properly manage and represent. However, we owe it to our clients to be knowledgeable about the law to maximize their recovery.

Those attorneys... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury

Sarasota Car Crash Lawyer

Pursuing the Money Damages You Deserve

Injuries suffered in a car accident can be extremely traumatic, especially when they result in major medical bills, lost wages and other serious consequences. If you've been injured due to the negligence of another driver, you may be entitled to compensation.

At the law firm of Shapiro Goldman Babboni & Walsh in Sarasota, our attorneys help clients pursue claims for all types of car accident injuries throughout Southwest Florida, including Bradenton, St. Petersburg, Venice, Englewood, Pt. Charlotte, Ft. Myers, Punta Gorda, Arcadia and Lakeland. For a free consultation to discuss your case with a knowledgeable Sarasota car accident attorney, contact today.

Experienced With All Types of Car Accident Cases

Most car crashes are caused by one or several parties' failure to take care for the safety of other drivers, passengers and pedestrians. Car accidents can cause a wide range of injuries and other consequences, including but not limited to:

Fatalities

Spinal cord injuries

Traumatic brain injuries (TBI)

Broken bones and other fractures

Shoulder, wrist and other joint injuries

Whiplash and other neck injuries

Burns ... ...read full post

posted , in:
auto accident injury law firm personal injury truck accident

Driving Safe Near Trucks On Florida Highways

The individuals who drive large trucks are trained to handle a number of unsafe situations and surprise safety hazards when on the road. However, the slightest act of negligence on the part of a commercial truck driver can result in serious property damage and physical injury for innocent drivers, passengers, and anyone else who happens to share the road with the large truck.

Tips for Staying Safe Near Eighteen Wheelers in Florida

Fortunately there are a number of steps you can take to help avoid being negatively impacted by a negligent commercial truck driver. These include the following:

Never drive in a truck’s blind spots

Always keep a safe following distance when behind a truck

If you are being tailgated by a truck, move over when possible to let them pass

Avoid swerving through lanes when large trucks are nearby

These simple steps can help you avoid being involved in an accident with a large commercial truck. However, if a truck driver acts negligently, you may be unable to prevent a serious accident from occurring.

If you or someone you love has been injured or killed in a trucking accident caused by a negligent truck driver, then we would like to help. Our experienced Truck accident lawyers... ...read full post

posted by Michael J Babboni , in:
auto accident injury law firm law firm personal injury truck accident

Injured? Consult A Car Accident Lawyer

If you have been involved in an automobile accident, you may be able to file a claim against the negligent driver to recover damages for lost wages, property damage, medical costs, future losses and pain and suffering. It is advisable for you to consult with an experienced Florida car accident lawyer before proceeding with a claim for negligence.

Should you choose not to be represented by a qualified vehicle accident attorney, you will face the considerable resources of a powerful company alone, especially its insurance company. Insurance companies are anxious to quickly settle a claim and have a ready team of adjusters, investigators and attorneys whose focus is to minimize the amount of money paid to innocent car accident victims.

Another reason to seek legal counsel is that insurance companies, on average, pay almost triple the amount of money in cases where the victim is represented by a car accident lawyer. As you are recuperating from the accident, the perpetrators of your injury may have already notified their insurance company who, in turn, are busy trying to minimize their payout.

Because of the complexities involved in automobile accident cases, it is important that you act quickly and contact a vehicle accident attorney... ...read full post

posted , in:
auto accident injury law firm

Florida's No Fault Law Has A Few Faults

When the Florida Legislature passed the "Florida Motor Vehicle No-Fault Law" in October 1976, it had two purposes in mind: First, it wanted to ensure everyone who owned a motor vehicle had a minimum of benefits for treatment for accident related injuries. Second it wanted to limit the insurance companies' exposure and result of automobile accidents.

Seventeen years since the law passed, we must ask ourselves whether accident victims are really receiving the medical disability and death benefits provided in the law.
Florida law states that "80 percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices, and necessary ambulance, hospital and nursing services," are to be paid under the personal injury protection coverage of the auto policy, or "PIP."

Those provisions may appear straight forward, but the words " reasonable" and "necessary" have created fertile ground for insurance abuses that have resulted in delays for the injured and an unfair advantage for the insurance industry against their wounded and often financially strapped insured.

The law further states that the insurer must pay within 30 days after receiving a claim, but further provides that the insurer can delay payments if it has "reasonable proof " that it is responsible for... ...read full post

posted by M David Shapiro , in:
auto accident Florida Law injury law firm law firm personal injury

Strategic Use Of The Florida Accident Report

Florida, like most states, requires that when a motor vehicle crash is brought to the attention of law enforcement agencies a crash report be prepared by the investigating officer. This requirement is set forth in section 316.066 of West's Florida Statutes Annotate. Section 316.066(1)(a) provides that the report must be filed no later than ten days when an accident results in death or injury, when a party involved flees the scene of the accident, when a party is under the influence of alcohol, or when a vehicle is so damaged it must be towed1. In order for an investigating officer to properly investigate a crash scene, there must be cooperation from the parties involved.

Since providing information to the investigating officer may put parties in the position of making incriminating statements against themselves, section 316.066(5) allows a privilege for such statements given to a law enforcement while conduction and investigation. The privilege protects the speaker's 5th amendment right by keeping such statements from being used against the speaker in a civil or criminal trial. However, not everything included in the crash report is covered by this privilege Salama v. McGregor outlines what is not covered by the privilege.

"The privilege... ...read full post

posted by Bernard F Walsh , in:
auto accident Florida Law injury law firm

Fatigued Truck Drivers

Every year about 5,000 people die and over 100,000 people are injured in large truck crashes. Despite only making up 3 percent of all registered vehicles, large trucks represent 9 percent of all vehicles involved in these fatal crashes and are responsible for 12 percent of all crash fatalities.

41 percent of accidents are fatigue related - per Department of Transportation.

90 percent of drivers (interstate) use sleeper berths but half of the drivers indicated they sometimes sacrificed sleep to maintain delivery schedules.

NAFTA safety statistics (2008) - 4,341 people killed; 81,200 injured in crash with commercial vehicle.

FMCSA says 4 out of 14 commercial drivers have sleep apnea – nearly ¼ of commercial vehicle drivers suffer from sleep apnea.

11 percent of all traffic fatalities involve large trucks.

Overweight truck drivers have a high probability of medical problems including sleep apnea, high blood pressure, diabetes, depression and chronic spine problems.

Attorneys being retained in any (Fatigued Driver) Truck Case should;

Follow the Ten Commandments – APITLAmerica.com

Get your Crash Team involved immediately

Preserve all evidence immediately.

Send out spoliation of evidence letters

Get all pertinent EOBRD &Computer Downloads from all vehicles immediately

make sure all relevant documents are... ...read full post

posted by Bernard F Walsh , in:
auto accident truck accident

Legislators Must Renew PIP Coverage

When it comes to the “Florida Motor Vehicle No-Fault Law,” the Florida legislature is about to throw out the baby with the bathwater. This October the law that required drivers to purchase auto insurance to protect themselves and family members injured in car accidents, regardless of fault, will end. The loss of this flawed but important coverage will be devastating to the thousands of people who are injured in automobile collisions in Florida each year.

Since its inception in 1976, Florida law has provided that “80percent of all reasonable expenses for necessary medical, surgical, x-ray, dental, rehabilitative services, including prosthetic devices and necessary ambulance, hospital and nursing services,” are to be paid under mandatory automobile insurance coverage known as personal injury protection, or PIP. Additionally, the law also provides that the insurance coverage pay “60 percent of any loss of gross income and loss of earning capacity per individual” in case an accident leaves a person unable to work. This coverage is available regardless of who was responsible for the accident and pays up to $10,000.00.

The hope was to ensure that everyone injred in a motor vehicle collision could receive immediate medical attention and replace a portion of their income while... ...read full post

posted by M David Shapiro , in:
auto accident injury law firm

Loss Of No-fault Auto Insurance Law Will Have Dire Consequences

When it comes to Florida Motor Vehicle No-Fault Law, the Legislature is about to throw out the baby with the bathwater. The law, which requires drivers to purchase auto insurance to protect themselves and family members injured in car accidents regardless of fault, will end in October. The loss of this flawed but important coverage will be devastating to the thousands who are injured in automobile collisions in Florida each year.

Since its inception in 1976, the no-fault law has provided that “80 percent of all reasonable expenses for necessary medical, surgical, X-ray, dental, rehabilitative services, including prosthetic devices, and necessary ambulance, hospital and nursing services,” is to be paid under the mandatory automobile insurance coverage known as personal injury protection, or PIP. The law also provides that the coverage pay “60 percent of any loss of gross income and loss of earning capacity per individual” in case an accident leaves a person unable to work. This coverage is available regardless of who was responsible for the accident and pays up to $10,000.

The hope was to ensure that anyone injured in a motor vehicle collision could receive immediate medical attention and replace a portion of... ...read full post

posted by M David Shapiro , in:
auto accident

Uninsured Motorist Laws Make A Challenging Case.

Laws dealing with UM coverage constantly changing

For me, I feel a sense of purpose when I represent an injured victim of an accidental, but nevertheless senseless, act of negligence. Sure, there is a lot of stress, hard work, legal pitfalls, politics and negative pre-conceived notions, but at the end of the day, I feel a great sense of pride for whatever I’m able to accomplish on behalf of my client.

When Kim Bonner requested that I write an article for The Docket, I wondered what I could offer to an audience of Sarasota lawyers, many of whom I am familiar with from working with or against them. There are a number o excellent personal injury lawyers in Sarasota, so to offer any comments is like “preaching to the choir.” However, I have noticed that a fair number of lawyers who practice primarily in other areas are marketing for personal injury cases, which is perfectly acceptable, since we are all entitled to as many clients as we can properly manage and represent. However, we owe it to our clients to be knowledgeable about the law to maximize their recovery.

Those attorneys who practice in a... ...read full post

posted by M David Shapiro , in:
auto accident personal injury

What You Should Know About Car Accident Injuries

The last thing you expect when you get into your car everyday, is that you will be involved in an accident. If you do unfortunately find yourself in this situation, there are a few things you should recognize about car accident injuries and what to do if you are injured in an auto accident.

The fact is, the human body is fragile, and there are a lot of things that can be damaged or permanently destroyed in a car crash. There are obvious wounds such as broken bones, lacerations and bruising, but there are also soft tissue injuries that cannot be detected by the human eye.

One very common soft tissue injury is whiplash. Whiplash occurs usually when you are hit from behind and the neck jerks forward and back rapidly. There can be immediate symptoms from whiplash like having stiff, sore muscles and mild headaches. It usually takes a few days to feel the real extent of injury and this results in more severe headaches, shooting pains and muscle spasms. This can sometimes mean that there is mild strain or tearing of the soft tissue.

Another common trauma, is a back injury. The compression of the spine can cause a permanent pain... ...read full post

posted , in:
auto accident

Drunk Driving Victims Need An Experienced Attorney

If you are unfortunate enough to have been caught up in an incident involving someone who was drunk behind the wheel then it is always going to be an idea to consider contacting a drunk driving attorney in order to see what kind of damages you may be awarded. They are the people who are the absolute experts in this particular kind of case so it is best to use their knowledge to your advantage.

There is a reasonable chance you have picked up some kind of an injury which can of course be either physical or indeed mental and in some cases both. When this happens you really should consider trying to find out how to go about a civil lawsuit in order to claim compensation from the guilty party.

This has to be done through the civil courts because clearly it is a private issue and not governed by any laws by which they may be prosecuted resulting in any kind of criminal conviction. By getting this particular kind of lawyer you are going to be hiring someone who has dealt with numerous cases and used to getting damages awarded to their client.

This does of course have to be dealt... ...read full post

posted , in:
auto accident drunk driving

The Importance Of Attorney Representation For Auto Accident Victims

An accident or personal injury lawyer would normally recommend to their client, that they should contact them as soon as possible after an auto accident, after of course obtaining any necessary medical treatment. The lawyer can help the accident victim obtain the best available compensation for their injuries. This compensation can include elements for medical expenses and loss of earnings. If cases go to court then many accident attorneys will represent their client on a contingency basis, meaning that the client will not have to pay unless the case is successful. There may also be a free and no obligation initial consultation.

Accident lawyers, or personal injury lawyers, are lawyers who have chosen to specialize in a particular area of the civil law, called tort law. This law covers the damage which one person does to another, usually due to negligence, carelessness or criminal wrongdoing which causes an accident.

If a crime has been committed then the police may be involved, and the crime can only be prosecuted by the authorities, but any person who has been injured may bring an action for tort.

The person who was injured is entitled to receive compensation in accordance with tort law. This is usually monetary... ...read full post

posted , in:
auto accident

Car Accident Victims Should Always Choose A Good Auto Injury Lawyer

Any time a person is involved in a car accident and sustains even the mildest injuries, it is crucial that they seek out legal help as soon as possible. When it comes to choosing a qualified auto injury lawyer there are many options, but what is most important is that you find the best help you can get. You deserve justice when you have been hurt and that is what legal representation is going to help you with. Those who have a good car accident attorney on their side are far more likely to be awarded the damages that they deserve for their suffering and this is important, not only for you personally, but so that a person who has acted irresponsibly is made to face the consequences of those actions so that they do not go on to cause another accident believing that nothing will come of it. When you stand up for yourself, you are standing up for others, as well. A good auto injury lawyer understands this and they will make sure that your case is handled in a professional way so that you can be confident you will be heard and understood by the judge.

Since an... ...read full post

posted , in:
auto accident

Motorcycle and Car or Truck Collisions.

Sudden-Stop Collisions.

Get Me Justice For Injuries. Get Shapiro Goldman Babboni & Walsh