When you’re involved in a car accident in Florida, determining who was at fault might seem straightforward at first glance. However, the reality is often more complex, with multiple factors contributing to the crash and shared responsibility between drivers. Florida’s comparative negligence law recognizes this complexity and provides a framework for fairly distributing fault and compensation among all parties involved in an accident.
Understanding how comparative negligence works can significantly impact the outcome of your car accident claim and the compensation you ultimately receive. At The Eberst Law Firm, we’ve helped countless clients navigate Florida’s comparative negligence system to secure fair compensation even when they bear some responsibility for their accidents.
Comparative negligence is a legal doctrine that allows accident victims to recover damages even when they are partially at fault for the incident. Under this system, fault is distributed as percentages among all parties involved, and each party’s financial responsibility corresponds to their degree of fault.
Florida follows what’s known as “pure comparative negligence,” which is more favorable to accident victims than the “modified comparative negligence” systems used in many other states. Under pure comparative negligence, you can recover damages even if you are 99% at fault for the accident, though your recovery will be reduced by your percentage of fault.
This system ensures that accident victims aren’t completely barred from recovery simply because they made a mistake that contributed to their injuries. Instead, the law recognizes that accidents often result from multiple factors and allows for fair compensation based on each party’s actual contribution to the incident.
The most direct impact of Florida’s comparative negligence law is how it reduces your potential compensation based on your percentage of fault. If you’re found to be 20% responsible for an accident that caused $100,000 in damages, you would be entitled to recover $80,000 from the other party.
This calculation applies to all types of damages, including medical expenses, lost wages, property damage, pain and suffering, and future medical costs. For example, if your total damages amount to $50,000 and you’re determined to be 30% at fault, you can recover $35,000 from the other driver’s insurance company.
The percentage of fault assigned to each party becomes crucial in determining your final compensation. Even a 10% difference in fault allocation can mean thousands of dollars in your pocket or out of it, making the fault determination process one of the most important aspects of your car accident claim.
Comparative negligence frequently comes into play in various car accident scenarios. Rear-end collisions, traditionally viewed as the fault of the following driver, may involve shared responsibility if the lead driver suddenly braked without reason or had non-functioning brake lights. Similarly, intersection accidents often involve multiple factors, such as one driver running a red light while another was speeding or distracted.
Lane change accidents present another common scenario where fault may be shared. While the driver changing lanes typically bears primary responsibility, the other driver might share fault if they were speeding, following too closely, or failed to allow the lane change when safe to do so.
Left-turn accidents also frequently involve comparative negligence. Although the turning driver usually bears most of the responsibility, the other driver might share fault if they were speeding, ran a red light, or were driving in a way that made the turn appear safe when it began.
Even in cases involving drunk driving, the intoxicated driver doesn’t automatically bear 100% of the fault. If the other driver was also engaging in dangerous behavior like texting or running a stop sign, they may share some responsibility despite the other driver’s intoxication.
Insurance companies use various methods to determine fault percentages in car accidents. They examine police reports, interview witnesses, review traffic citations, analyze vehicle damage patterns, and may even hire accident reconstruction experts for complex cases.
Adjusters look for traffic law violations, as these often indicate negligence. However, a traffic citation doesn’t automatically establish fault, and the absence of a citation doesn’t mean a driver wasn’t negligent. Insurance companies consider the totality of circumstances surrounding the accident.
Physical evidence plays a crucial role in fault determination. The location and severity of vehicle damage can reveal important details about how the accident occurred, vehicle speeds, and points of impact. Skid marks, debris patterns, and final vehicle positions all provide clues about each driver’s actions leading up to the collision.
Insurance companies also consider each driver’s credibility and consistency in their accident accounts. Contradictory statements or explanations that don’t align with physical evidence can negatively impact a driver’s credibility and potentially increase their assigned fault percentage.
When comparative negligence is a factor in your case, protecting your interests becomes even more critical. Insurance companies may try to assign you a higher percentage of fault to reduce their payout, making it essential to gather strong evidence supporting your version of events.
Document everything at the accident scene if you’re able to do so safely. Take photographs of vehicle damage, road conditions, traffic signs, and the overall accident scene. Get contact information from witnesses and ask them to provide written statements about what they observed.
Be careful about what you say to insurance adjusters, including your own. Avoid admitting fault or making statements that could be interpreted as accepting responsibility. Stick to factual descriptions of what happened without speculating about causes or assigning blame.
Consider hiring an experienced car accident attorney early in the process. An attorney can help protect you from making statements that could increase your fault percentage and can work to gather evidence that supports a favorable fault allocation.
Comparative negligence significantly affects settlement negotiations in car accident cases. When fault is disputed, insurance companies often use the uncertainty around fault percentages as leverage to offer lower settlements. They may argue that your potential fault exposure justifies a reduced offer even before fault is formally determined.
Skilled negotiation becomes crucial in these cases. Your attorney can present evidence supporting a lower fault percentage for you while highlighting factors that increase the other party’s responsibility. Expert witnesses, accident reconstruction specialists, and medical professionals may all play roles in building a strong case for favorable fault allocation.
The negotiation process often involves back-and-forth discussions about fault percentages as much as damage amounts. Small changes in fault allocation can have significant financial impacts, making thorough preparation and strong advocacy essential for achieving fair compensation.
Don’t let insurance companies unfairly increase your fault percentage and reduce your compensation. Contact The Eberst Law Firm today at (772) 225-4900 or through our contact form to protect your rights under Florida’s comparative negligence law. Our experienced personal injury attorneys understand how to build strong cases that minimize your assigned fault and maximize your recovery.
With years of experience handling complex car accident cases throughout Florida, we know how to gather the evidence needed to support favorable fault determinations and negotiate effectively with insurance companies. We’ll fight to ensure that you receive fair compensation for your injuries and damages, even when fault is disputed, and work tirelessly to achieve the best possible outcome for your case.
Florida’s bustling highways and busy city streets see thousands of car accidents every year, and unfortunately, many drivers involved in these crashes lack proper insurance coverage. When you’re hit by an uninsured driver, the financial burden of medical bills, lost wages, and vehicle repairs can quickly become overwhelming. This is where uninsured motorist coverage becomes your financial lifeline, protecting you and your family when the at-fault driver cannot pay for the damages they’ve caused.
At The Eberst Law Firm, we’ve represented countless clients who thought they were fully protected until they discovered gaps in their coverage after an accident. Understanding your insurance options before you need them can make the difference between financial recovery and financial ruin.
Uninsured motorist (UM) coverage is an optional type of auto insurance that protects you when you’re injured by a driver who has no insurance or insufficient coverage to pay for your damages. This coverage essentially steps into the shoes of the at-fault driver’s insurance company, compensating you for medical expenses, lost wages, pain and suffering, and other damages that would normally be covered by the other driver’s liability insurance.
In Florida, UM coverage comes in two forms: bodily injury coverage and property damage coverage. Bodily injury UM coverage pays for medical expenses, lost income, and pain and suffering when you’re hurt by an uninsured driver. Property damage UM coverage helps pay for repairs to your vehicle and other property damaged in the accident.
While Florida law requires all drivers to carry Personal Injury Protection (PIP) and Property Damage Liability insurance, it does not mandate uninsured motorist coverage. However, insurance companies must offer this coverage to all policyholders, and you must specifically reject it in writing if you choose not to purchase it.
Florida consistently ranks among the states with the highest percentage of uninsured drivers in the nation. According to recent studies, approximately one in four Florida drivers operates a vehicle without proper insurance coverage. This means that every time you get behind the wheel, you face a 25% chance of encountering an uninsured driver if an accident occurs.
The reasons for Florida’s high uninsured driver rate are complex, including the state’s minimum insurance requirements, economic factors, and enforcement challenges. Many drivers simply cannot afford insurance premiums or choose to drive illegally without coverage. Others may have had their policies cancelled for non-payment or other reasons.
When you consider that Florida processes over 400,000 car accident reports annually, the math becomes sobering. Tens of thousands of accidents each year involve uninsured drivers, leaving innocent victims to face enormous financial hardships through no fault of their own.
Uninsured motorist coverage provides crucial protection in several scenarios. When an uninsured driver causes an accident that results in your injuries, UM coverage pays for your medical bills, rehabilitation costs, lost wages, and pain and suffering up to your policy limits. This coverage also applies when you’re injured by a hit-and-run driver who cannot be identified or located.
The coverage extends beyond just the policyholder. Your UM coverage typically protects family members living in your household, passengers in your vehicle at the time of the accident, and even pedestrians who are members of your household if they’re struck by an uninsured driver.
Unlike Florida’s no-fault PIP coverage, which has limited benefits and doesn’t cover pain and suffering, UM coverage can provide compensation for all damages you would be entitled to recover from the at-fault driver. This includes economic damages like medical expenses and lost income, as well as non-economic damages such as pain, suffering, mental anguish, and loss of enjoyment of life.
When purchasing uninsured motorist coverage, you’ll need to choose coverage limits that determine the maximum amount your insurance company will pay per person and per accident. Florida law allows these limits to equal but not exceed your bodily injury liability limits.
Florida also offers “stacking” options that can significantly increase your available coverage. With stacked coverage, you can combine the UM limits from multiple vehicles on your policy or add together the per-person limits to increase the per-accident coverage. For example, if you have two vehicles with $100,000 UM coverage each, stacked coverage could provide up to $200,000 in protection.
Stacking can be particularly valuable for families with multiple vehicles or in cases involving catastrophic injuries where medical expenses and other damages exceed basic policy limits. While stacked coverage costs more than non-stacked coverage, the additional protection often proves invaluable when you need it most.
Filing an uninsured motorist claim involves working with your own insurance company, but this doesn’t guarantee a smooth process. Insurance companies may dispute whether the other driver was truly uninsured, challenge the extent of your injuries, or offer settlements that don’t fully compensate you for your damages.
You have the right to seek fair compensation under your UM coverage, and your insurance company has a duty to handle your claim in good faith. This means they must conduct a reasonable investigation, evaluate your claim fairly, and not unreasonably delay or deny payment of valid claims.
If your insurance company disputes your UM claim or offers an inadequate settlement, you may need legal representation to protect your interests. Unlike claims against other drivers’ insurance companies, UM claims often require arbitration rather than litigation, but experienced legal counsel can help navigate this process and ensure you receive the compensation you deserve.
Don’t wait until after an accident to discover you’re underinsured or unprotected. Contact The Eberst Law Firm today at (772) 225-4900 or through our contact form to discuss your insurance coverage and legal options. Our experienced personal injury attorneys understand the complexities of uninsured motorist claims and can help you navigate the insurance process to secure the compensation you deserve.
Whether you need guidance on purchasing adequate UM coverage or assistance with an existing claim, we’re here to protect your rights and fight for your financial recovery. With offices throughout Florida and years of experience handling complex car accident cases, we have the knowledge and resources to help you through this challenging time and work toward the best possible outcome for your case.
Car accidents are stressful enough without discovering the other driver lacks insurance coverage. Unfortunately, Florida has one of the highest rates of uninsured drivers in the nation, with nearly one in four drivers operating without proper coverage. When you’re struck by an uninsured motorist, you face mounting medical bills, lost wages, and property damage with no clear path to compensation from the at-fault party.
The attorneys at Eberst Law Firm have helped countless Florida families recover after uninsured driver accidents. We understand the financial burden these crashes create and work tirelessly to explore every avenue for compensation. Our team knows how to navigate Florida’s complex insurance laws to maximize your recovery and protect your rights.
Florida operates under a no-fault insurance system, which means your own insurance company typically covers your initial medical expenses and lost wages regardless of who caused the accident. Every Florida driver is required to carry Personal Injury Protection (PIP) insurance with a minimum coverage of $10,000. This insurance covers 80% of your medical bills and 60% of your lost wages, up to your policy limits.
However, PIP coverage has significant limitations. The $10,000 minimum often falls short of covering serious injuries, leaving you responsible for substantial out-of-pocket costs. Additionally, PIP doesn’t cover property damage to your vehicle or compensation for pain and suffering. When the at-fault driver is uninsured, these gaps become even more problematic because you can’t pursue their insurance for additional compensation.
When an uninsured driver causes your accident, you’re not left without options for financial recovery. Florida law provides several pathways to help accident victims obtain compensation even when the at-fault party lacks insurance coverage. The key is understanding which options apply to your specific situation and acting quickly to preserve your rights.
Each recovery option has distinct advantages and limitations. Some provide immediate financial relief while others require lengthy legal processes. The best approach often involves pursuing multiple avenues simultaneously to maximize your total compensation.
The most important protection against uninsured drivers is your own Uninsured Motorist (UM) coverage. While Florida doesn’t require UM coverage, many insurance companies offer it as an optional add-on. This coverage acts as a safety net when the at-fault driver has no insurance or insufficient coverage to pay for your damages.
UM coverage typically includes both bodily injury and property damage protection. The bodily injury portion covers medical expenses, lost wages, and pain and suffering, in addition to what PIP provides. Property damage coverage helps repair or replace your vehicle when the at-fault driver is uninsured and can’t pay. The amount of coverage depends on the limits you selected when purchasing your policy.
You can file a lawsuit directly against the uninsured driver, but this option often proves challenging. Many uninsured drivers lack the financial resources to pay substantial damages, making it challenging to collect even if you win in court. Additionally, pursuing legal action against an individual requires significant time and legal expenses with no guarantee of recovery.
Even when the uninsured driver has assets, the legal process can be lengthy and complex. You’ll need to prove liability, document your damages, and navigate the court system while dealing with your injuries and recovery. An experienced personal injury attorney can assess whether this option is suitable in your specific situation.
Working with a skilled personal injury attorney becomes crucial after an accident involving an uninsured driver. We review your insurance policies to identify all available coverage options you might not have considered. Many policies include additional protections, such as underinsured motorist coverage, medical payments coverage, or collision coverage with lower deductibles for accidents involving uninsured drivers.
Our team also investigates whether other parties share liability for your accident. For example, if the uninsured driver was working at the time of the crash, their employer might bear responsibility. If dangerous road conditions contributed to the accident, the government entity responsible for road maintenance could face liability. We explore every possible avenue to ensure you receive fair compensation for your injuries and losses.
The process of dealing with insurance companies after an accident involving an uninsured driver can be overwhelming. Insurance adjusters may try to minimize your claim or deny coverage altogether. We handle all communications with insurance companies and fight for the full compensation you are entitled to under your policy terms.
Prevention is always better than dealing with the aftermath of an accident involving an uninsured driver. Consider increasing your UM coverage limits to provide better protection for you and your family. The relatively small increase in premium costs can save you thousands of dollars if you’re ever hit by an uninsured driver.
Review your insurance policy annually to ensure you have adequate coverage for your needs. As your income and assets grow, you may need higher coverage limits to protect your financial security. Many Florida residents discover too late that they lack sufficient coverage to handle a serious accident involving an uninsured driver.
Dealing with an accident involving an uninsured driver requires immediate action to protect your rights and maximize your recovery. The sooner you contact an attorney, the better we can preserve evidence and build a strong case on your behalf. We offer free consultations to evaluate your case and explain your options, with no upfront costs or obligations.
At Eberst Law Firm, we’ve successfully recovered millions of dollars for our clients, including $1.26 million in a car accident case and $510,000 in a spine injury case. Our team understands the unique challenges of uninsured driver accidents and works on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call us today at (772) 225-4900 or contact us online to schedule your free consultation and discover how we can assist you in rebuilding your life.
The moments following an accident are often chaotic and disorienting. Injuries, shock, and confusion can prevent victims from gathering crucial evidence at the scene. Unfortunately, this initial evidence gap can significantly complicate your personal injury claim, leaving you wondering if you’ve lost your opportunity for fair compensation.
At Eberst Law, we understand that not every accident scenario allows for immediate evidence collection. Our experienced Stuart personal injury attorneys have successfully helped numerous clients build strong cases, even when initial documentation was minimal or nonexistent. With strategic investigation and legal expertise, it’s often possible to reconstruct what happened and establish liability.
Ideally, accident scenes provide valuable evidence like photographs, witness statements, and police reports that help establish liability. However, when these elements are missing, alternative strategies can fill the gaps.
Even without scene evidence, comprehensive medical records create a foundation for your claim. Make sure to:
Medical documentation not only proves your injuries but also establishes their timeline and connection to the accident. This creates a crucial evidence trail when other immediate evidence is lacking.
While immediate photographs are ideal, returning to document the accident location can still provide valuable context. Take photographs showing road conditions, visual obstructions, traffic controls, and other permanent features that may have contributed to the accident. These elements often remain unchanged for weeks or months after an incident.
Modern technology and public information sources can help build your case when traditional evidence is unavailable.
Nearby businesses, traffic cameras, and residential security systems may have captured your accident. Act quickly to request this footage before it’s deleted, as many systems automatically overwrite after 30 days. Your attorney can send preservation letters to ensure relevant footage is maintained.
Modern vehicles, especially commercial trucks, often contain electronic control modules that record crucial data before, during, and after collisions. This information can reveal vehicle speeds, braking patterns, and other critical details. Similarly, smartphones may contain location data, communications, or even health app information that corroborates your version of events.
When immediate evidence is lacking, expert witnesses become particularly valuable for reconstructing what happened and establishing liability.
Accident reconstruction specialists can analyze vehicle damage, road conditions, and other available evidence to determine how an accident occurred. These experts use scientific principles to create compelling demonstrations of collision dynamics even without eyewitness accounts or photos from the scene.
Medical experts can connect your injuries to the accident by explaining how specific trauma patterns match particular accident scenarios. This causal relationship is crucial for proving that your injuries resulted from the incident in question rather than pre-existing conditions.
Insurance adjusters often use evidence gaps to minimize or deny claims. Understanding their tactics helps you counter them effectively.
When lacking immediate evidence, expect insurance companies to question the accident’s cause, severity, and connection to your injuries. They may suggest pre-existing conditions or argue that your injuries occurred elsewhere. By anticipating these challenges, you and your attorney can proactively address potential weaknesses in your case.
Your attorney can handle all communication with insurance companies, preventing adjusters from extracting potentially damaging statements. This protection is especially important when immediate evidence is unavailable to corroborate your account of events.
Witnesses can provide crucial support for your claim, even if they’re identified days or weeks after an accident.
Your attorney can help locate potential witnesses through various methods, including:
Even witnesses identified after the fact can provide valuable testimony about the accident conditions, the behavior of involved parties, and other relevant observations.
Building a strong personal injury claim without immediate evidence requires specialized knowledge and resources. At Eberst Law, we have extensive experience helping clients overcome evidence challenges through methodical investigation and strategic legal approaches.
Our dedicated attorneys understand Florida personal injury law and know how to construct compelling cases even with limited initial evidence. We work tirelessly to protect your rights and pursue the compensation you deserve for your injuries. Contact Eberst Law today at 772-225-4900 or through our contact form to schedule a free consultation and learn how we can help strengthen your claim.
Personal injuries often create financial consequences that extend far beyond initial medical bills, affecting every aspect of your economic life for years or even decades. From ongoing medical treatments to lost earning capacity, these financial ripples can fundamentally alter your financial trajectory long after the physical wounds have begun to heal.
Personal injury victims face financial challenges long after accidents occur. At Eberst Law, our experienced Stuart attorneys fight to ensure your compensation accounts not just for immediate expenses but for the full spectrum of long-term financial impacts your injury may cause.
Medical costs rarely end with emergency treatment and initial hospitalization. Many injuries require continuing care that can drain financial resources for years.
Serious injuries often necessitate ongoing medical interventions long after the initial trauma. Depending on your injury, you may require physical therapy sessions multiple times weekly, follow-up surgeries, regular specialist appointments, psychological therapy, and ongoing pain management treatments. These essential services represent significant expenses that insurance may only partially cover or stop covering entirely after a certain period.
Chronic pain and ongoing medical conditions resulting from injuries frequently require prescription medications that can cost hundreds or thousands of dollars monthly. Additionally, many injury victims need specialized medical equipment such as mobility aids, home health monitoring devices, and pain management tools that require regular maintenance or replacement.
Personal injuries frequently derail careers and permanently alter earning capacity, creating financial consequences that compound over a lifetime.
Many injuries result in permanent limitations that prevent victims from returning to their previous occupations. When forced to change careers, especially mid-life, injured individuals often face:
The financial impact intensifies when considering that many injuries occur during victims’ prime working years when their earning potential would typically be highest.
Beyond physical limitations, personal injury victims often face additional employment hurdles, including extended absences during recovery, reduced ability to work overtime, and increased need for workplace accommodations. These factors contribute to employment instability at precisely the time when financial security becomes most crucial.
Beyond the obvious costs of medical care and lost income, personal injuries trigger numerous secondary financial impacts that often go unrecognized.
Following serious injuries, victims may face higher premiums for health insurance due to newly developed chronic conditions. Life insurance may become significantly more expensive or even unobtainable. These increased insurance costs create an additional financial burden that continues indefinitely.
Personal injuries often force victims to deplete savings and reduce retirement contributions during lengthy recovery periods. This disruption leads to significantly reduced retirement account balances, earlier-than-planned retirement due to physical limitations, and diminished Social Security benefits resulting from years of lower income.
Given these far-reaching financial consequences, securing full and fair compensation becomes crucial for personal injury victims.
A proper settlement or verdict should account for all potential future costs, not just immediate expenses. This includes projections for lifetime medical care, accommodations for diminished earning capacity, and consideration of how the injury may affect retirement and long-term financial security.
Insurance companies typically focus on minimizing payouts by addressing only the most obvious short-term costs. Their settlements rarely account for the complex web of long-term financial impacts that serious injuries create. This discrepancy makes experienced legal representation essential for protecting your financial future.
If you’ve suffered a personal injury, understanding and documenting the full scope of potential financial impacts is crucial to securing fair compensation. At Eberst Law, our knowledgeable attorneys have extensive experience helping clients throughout Stuart and across Florida recover damages that truly reflect both the immediate and long-term consequences of their injuries.
For over a decade, our firm has successfully represented injured clients in a wide range of personal injury cases, securing the comprehensive compensation they need to rebuild their financial lives. Contact Eberst Law today at 772-225-4900 or through our contact form to schedule a free consultation and learn how we can help protect your financial future.
When driving in severe weather, the risk of accidents increases significantly. Rain, fog, and high winds create hazardous road conditions that challenge even the most experienced drivers. But how do these weather conditions affect liability when accidents occur? Understanding this question is crucial if you’ve been involved in a weather-related collision.
We at Eberst Law regularly handle car accident cases where weather plays a significant role. Our experienced attorneys understand how Florida law addresses liability in these complex situations and can help determine if another driver failed to exercise proper caution despite challenging conditions. Even in bad weather, drivers must adjust their behavior to maintain safety on the road.
Adverse weather doesn’t automatically absolve drivers of responsibility for accidents. In fact, Florida law requires drivers to adjust their driving behavior according to conditions. According to the Federal Highway Administration, weather-related crashes account for approximately 21% of all vehicle crashes in the United States annually.
When weather conditions deteriorate, reasonable drivers should:
Failing to take these precautions may constitute negligence. If another driver didn’t adjust their behavior appropriately for the conditions and caused your accident, they may still be liable despite the weather being a contributing factor.
Various weather conditions create unique hazards and liability considerations. Understanding these nuances helps clarify how liability might be determined in different scenarios.
Rain creates slippery roads and reduces visibility. When water pools on road surfaces, vehicles can hydroplane—losing contact with the road and becoming temporarily uncontrollable. Drivers are expected to:
If a driver fails to take these precautions and causes an accident while hydroplaning, they may still be held liable despite the challenging conditions.
Fog dramatically reduces visibility and depth perception. Drivers encountering fog should:
A driver who maintains high speed or fails to use proper lighting during foggy conditions may be found negligent if an accident occurs.
Florida frequently experiences strong winds and severe thunderstorms that create significant driving hazards. During these conditions, drivers should:
Failing to exercise appropriate caution during windy conditions or thunderstorms can constitute negligence if an accident results from these choices.
Florida follows a comparative negligence system, which means multiple parties can share fault for an accident. In weather-related crashes, this is particularly relevant since both the weather and driver behavior typically contribute to the incident.
Under comparative negligence:
For example, if rainy conditions contributed 20% to an accident, but another driver’s excessive speed contributed 80%, that driver would still bear most of the liability.
Establishing liability in weather-related accidents requires demonstrating that another driver failed to exercise reasonable care given the conditions. This can be challenging but is certainly possible with proper evidence and legal representation.
Key evidence in weather-related accident cases includes:
Our attorneys know how to gather and present this evidence effectively to support your claim, even when weather is a contributing factor.
Sometimes, weather-related accidents result not just from driver error but from poor road maintenance. Government entities responsible for road upkeep have a duty to:
If inadequate road maintenance contributed to your accident, you may have a claim against the responsible government entity. These claims involve special procedures and shorter filing deadlines, making prompt legal consultation essential.
If you’ve been injured in a weather-related car accident, don’t assume that the weather automatically prevents you from recovering compensation. At Eberst Law, we understand the complex interplay between weather conditions and driver responsibility. Our experienced team has successfully represented many clients in cases where adverse weather was present but didn’t excuse another driver’s negligence.
With offices throughout Florida, including in Stuart, our attorneys have the knowledge and resources to thoroughly investigate your weather-related accident claim. We work tirelessly to identify all liable parties and secure the maximum compensation our clients deserve for their injuries and losses. Contact us today at (772) 225-4900 or through our contact form to schedule a free consultation about your weather-related accident case.
After an injury accident, securing proper medical treatment should be your top priority. But beyond addressing your immediate health concerns, thorough medical documentation plays a crucial role in the success of any personal injury claim. Complete and accurate medical records provide the foundation for proving the extent of your injuries and connecting them to the accident.
We at Eberst Law have helped numerous clients throughout Florida navigate the personal injury claims process. Our experience has shown that detailed medical documentation can significantly impact the outcome of your case. When insurance companies review claims, they scrutinize medical records closely, looking for any inconsistencies or gaps that might allow them to minimize your compensation.
Comprehensive medical documentation creates a clear picture of your injuries and recovery journey. According to the American Medical Association, proper documentation is essential not only for patient care but also for medical-legal purposes in injury cases.
Effective medical documentation should include the following:
The more specific and detailed these records are, the stronger the evidence becomes for your claim. Medical providers should clearly document how your injuries relate to the accident in question, helping establish causation.
Insurance companies evaluate personal injury claims based largely on the medical evidence presented. Strong documentation influences multiple aspects of your case.
One of the most important functions of medical documentation is establishing that your injuries directly resulted from the accident. Without this clear connection, insurance companies may argue:
When you seek medical attention immediately after an accident, providers document your condition close to the time of injury, making it easier to connect your injuries to the incident.
Medical records provide objective evidence of the extent of your injuries and the impact on your life. This documentation helps quantify both economic and non-economic damages:
Without proper documentation, calculating these damages becomes much more difficult, potentially reducing your compensation.
Several documentation missteps can seriously undermine a personal injury claim. Being aware of these potential pitfalls can help you avoid them.
Waiting too long to seek medical attention after an accident creates a problematic gap in documentation. Insurance adjusters often interpret delays as evidence that:
Even if you don’t think you’re seriously hurt, getting a medical evaluation promptly after an accident creates an official record of your condition.
Sporadic medical treatment or missed appointments suggest to insurance companies that your injuries may not be as severe as claimed. Consistent treatment shows:
Following your treatment plan and keeping all scheduled appointments strengthens your claim by documenting the ongoing nature of your injuries.
Many people naturally minimize their pain or limitations when speaking with medical providers. However, failing to fully disclose your symptoms means they won’t appear in your medical records. When discussing your condition with healthcare providers:
These details create a more complete picture of how the injuries impact your life, supporting your claim for appropriate compensation.
Building strong medical documentation often requires effective communication with your healthcare providers. You can take proactive steps to ensure your records accurately reflect your condition.
When visiting medical providers:
Taking an active role in your healthcare ensures that important details aren’t overlooked in your documentation.
Sometimes general practitioners may not fully document the long-term implications of certain injuries. Specialists can provide:
These specialized evaluations strengthen your claim by providing expert medical opinions on the severity and long-term impact of your injuries.
If you’ve been injured in an accident, proper medical documentation is essential for building a strong personal injury claim. At Eberst Law, we understand the critical role these records play in securing fair compensation for our clients. Our experienced attorneys can guide you through the documentation process and help ensure your medical records effectively support your claim.
We work with clients throughout Florida from our offices in Stuart and other locations. Our team has the knowledge and resources to help you navigate both your medical care and legal claim for maximum results. Don’t let documentation issues undermine your right to compensation. Contact us today at (772) 225-4900 or through our contact form to schedule a free consultation about your personal injury case.
In Florida, a catastrophic injury isn’t just a medical term – it redefines the everyday lives of those affected. A catastrophic injury is legally defined as an injury that disrupts your quality of life or your capacity to earn a living. Because a catastrophic injury can impact virtually every area of your life, it is critical to seek legal recourse for the damages you have suffered. However, cases involving these injuries can be complex, making it essential to have a seasoned personal injury attorney in your corner.
At Eberst Law, our attorneys are dedicated to helping victims of catastrophic injuries in Florida get their lives back on track after an accident. We have extensive experience helping our clients across the Sunshine State recover the maximum compensation available for their injuries and other losses. We understand how life-altering a catastrophic injury can be and can handle every detail of your case as you focus on your healing and recovery. When you partner with our firm, you can trust us to advocate aggressively for justice on your behalf.
Under Florida law, a catastrophic injury is defined by its long-lasting or permanent effects, such as disability, disfigurement, or significant scarring. These injuries are transformative, potentially altering every aspect of your life. If you are unable to work or enjoy your previous lifestyle due to a catastrophic injury, the financial and emotional burdens may feel insurmountable. If you were injured due to someone else’s negligent actions, you have the right to seek compensation for your losses through a personal injury claim.
While every catastrophic injury is unique, a few examples include the following:
Our attorneys will conduct a thorough investigation into your case to determine the cause of your injuries and how they impact your daily life. We will work tirelessly to collect evidence and build a solid claim on your behalf.
Catastrophic injuries can have significant impacts on your physical, emotional, and financial well-being. If your injuries were the result of another party’s negligence, you deserve to recover compensation for the full scope of the losses you have endured. A few types of damages our attorneys may be able to help you secure include the following:
At Eberst Law, our attorneys will take the time to get to know you and your unique situation. We pride ourselves on fighting aggressively for our clients’ current and expected needs.
If you have suffered a catastrophic injury in Florida, it is in your best interest to contact a seasoned attorney without delay. The skilled attorneys at Eberst Law are committed to providing our clients with unparalleled personal service throughout every stage of the legal process. We understand how challenging the aftermath of a catastrophic injury can be and will work tirelessly to achieve a favorable outcome on your behalf.
To schedule a free consultation with a member of our trusted legal team, call us today at (772) 225-4900 or complete our contact form.
The term slip and fall accident sounds fairly mild. After all, many of us stumble or trip on things in our everyday lives and end up with bumps and bruises but emerge from the experience no worse for wear.
However, slip and fall accidents do have the potential to cause severe injuries. People can end up injuring themselves in ways that can result in them missing out on potential income, losing money to expensive treatment, or developing a disability that affects career prospects.
These slip and fall accidents have a way of occurring when people least expect them and often at the most inconvenient of times. The causes of slip and fall accidents are many and are often the result of a liable party’s negligence, with slippery surfaces being a key factor contributing to these accidents.
Those that have been injured in a slip and fall accident can suffer severe injuries like a spinal injury or traumatic brain injury.
The damages that come as a consequence of these injuries deserve to be compensated in the event that the accident was caused by a liable party’s negligence. Slip and fall accident victims can take legal action against those responsible for their injuries with a slip and fall claim. By proving that the injuries they received were caused by an accident that occurred because of a liable party’s negligence, a plaintiff can make their case for their entitlement to the compensation they need to cover the damages they suffered.
Proving negligence in a slip and fall accident claim is no simple matter and negotiating a fair settlement takes experience and skill.
Don’t hesitate to contact the experienced attorneys of Eberst Law. Our lawyers can fight on your behalf for your right to compensation and make sure you are not taken advantage of by the insurance company.
You can contact Eberst Law online through a contact form or call our office at 772-225-4900. We offer a free consultation to help you take the first step toward securing justice and compensation.
Fall accidents, including slip and fall accidents, are a common occurrence that can result in serious injuries, such as broken bones, head trauma, and spinal cord injuries. These accidents can happen to anyone, at any age, and can occur in various locations, including public places, private property, and workplaces. Property owners have a duty to ensure that their premises are safe for visitors, employees, and the public, and failure to do so can lead to slip and fall cases.
Fall hazards, such as uneven surfaces, wet floors, and inadequate lighting, can significantly increase the risk of fall accidents. It is essential for property owners to identify and address these hazards to prevent slip and fall accidents. Warning signs, proper lighting, and regular maintenance can help prevent fall accidents and ensure a safe environment for everyone.
Naturally, the surface that we walk on is one of the most obvious things that may contribute to someone tripping and falling. When walking, people expect reasonably flat and dry surfaces with a good amount of traction.
This is a very simple thing to expect of a property owner yet many fail to maintain these reasonable walking conditions.
Walking surfaces can be compromised by being wet with water or other liquids or ice. The walking surface can also be uneven due to loose floorboards, rugs, or potholes that can trip people. Uneven walking surfaces are significant contributors to slip and fall accidents, and regular property inspections and immediate repairs are essential to mitigate these risks.
The environmental conditions that interact with a floor and consequently, a person’s ability to walk safely, play a part in contributing to slip and fall accidents. Inclement weather, such as snow, sleet, rain, and ice, can lead to hazardous conditions that heighten the likelihood of falls in outdoor spaces associated with businesses and residences.
Lighting is an environmental condition that can either make it difficult for people to see obstacles because of lack of light or can cause glare on a floor’s surface that can blind a person. Adequate lighting is crucial as it allows individuals to navigate safely, helping them identify potential hazards in walkways, staircases, and public areas, thus reducing the risk of accidents, especially in low-light conditions.
Things on the floor such as debris, electrical cords, or trash can also lead to people tripping and falling.
Adequate lighting is crucial in preventing slip and fall accidents. Inadequate lighting can make it difficult to see obstacles, uneven surfaces, and other tripping hazards, increasing the risk of fall accidents. Property owners should ensure that all areas, especially those with high foot traffic, are well-lit to prevent slip and fall injuries.
Many slip and fall accidents happen on things such as stairs, ladders, and ramps. The likelihood of falling accidents occurring in areas such as these increases when there is no handrail available for people to use.
Having things like ladders improperly secured can cause collapses and wobbling that can lead to dangerous falls.
Human factors, such as distracted walking, rushing, and failure to exercise caution, can also contribute to fall accidents. It is essential for individuals to be aware of their surroundings and take necessary precautions to avoid slipping and falling. Proper training and education can also help prevent fall accidents, especially in workplaces where hazardous conditions may be present.
When one of the aforementioned things leads a person to slip and fall, determining the responsible party becomes a primary concern. Identifying who is liable for the injuries and damages incurred is crucial for seeking compensation.
Most slip and fall accidents fall within the premises liability category of personal injury law where the owner of a property failed to provide safe conditions for an invitee or licensee on their property. In such cases, a fall lawsuit may be necessary to address the negligence involved and secure compensation for the victim.
The property owner can range from a business like a grocery store or office to the owner of a rental property they are leasing.
However, if you are injured in a slip-and-fall accident at work, your employer’s workers’ compensation insurance will likely cover your damages if your case is successful.
Prevention and safety measures, such as installing handrails, using non-slip mats, and cleaning up spills immediately, can help prevent slip and fall accidents. Property owners should also conduct regular inspections to identify potential hazards and take corrective action to address them. By taking these measures, property owners can protect visitors and employees from slip and fall injuries and ensure a safe environment for everyone. If a slip and fall accident does occur, it is essential to seek medical attention immediately and consider consulting with a personal injury law firm to discuss legal recourse and potential compensation for medical expenses, lost wages, and other damages.
If you have been injured in a slip and fall accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case.
Our skilled lawyers will be happy to speak with you about the details of your case and offer some options of what kinds of legal action you can take.
With representation from Eberst Law, you can be assured that you will have an experienced injury lawyer in your corner fighting to ensure you receive the compensation you need.
Slip and fall accidents can often turn out to be much more complex than many would anticipate. Sometimes there may be more than one liable party or perhaps a pre-existing condition may complicate matters.
Regardless, it is within a plaintiff’s best interest to speak to the experienced attorneys of Eberst Law about how we can help you secure the settlement that you deserve.
To schedule a consultation with Eberst Law, you can either contact us online or call our office at 772-225-4900.
Protect your ability to recover physically and financially after a slip-and-fall accident at work.
Summary
Victims of workplace slip-and-fall accidents have many steps to take in the aftermath to report it, receive medical attention, and maintain the integrity of their case for compensation for damages.
Key steps include collecting evidence at the slip-and-fall accident scene, reporting the accident to superiors, and receiving medical attention at a hospital. Workers will also have to determine if they will file a claim for worker’s compensation.
Our team of slip-and-fall accident attorneys at The Eberst Law Firm is prepared to help you recover a percentage of the payment for your medical bills and lost wages through a workers’ compensation claim.
We are also experts in personal injury law, so we can support you in holding your employer liable for the total cost of your damages in a slip-and-fall accident claim, if necessary.
Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
A slip-and-fall accident is when a hazard knocks someone off their feet and causes them to fall, colliding with the ground. This can result in severe slip-and-fall injuries.
These types of personal injury accidents can happen on public or private property, such as a hospital, restaurant, store, or school.
They can also occur at workplaces when employers fail to provide adequate working conditions or employees create walking hazards through negligence.
The following are some common causes of workplace slip-and-fall accidents:
Employees who suffer workplace slip-and-fall accidents can experience significant injuries, such as spinal cord injuries, bone fractures, and traumatic brain injuries (TBIs).
These can result in workers experiencing economic and non-economic damages that can affect their physical health, financial situation, and quality of life.
The first thing you should do after a slip-and-fall accident at work is collect evidence. There will be evidence at the slip-and-fall accident scene that you can use later on to prove your accident occurred and establish liability.
Pull out your phone and take pictures of anything relevant that can help prove your slip-and-fall accident claim.
This can include pictures of the walking hazard, physical injuries, a lack of signage by the walking hazard, and anything else that can show how the slip-and-fall accident occurred.
Soon after the slip-and-fall accident, you should also report the accident to your superiors. In most cases, workplace accident victims can’t file for worker’s compensation unless they notify their employers of the accident in a timely manner.
Employers will want to investigate the slip-and-fall accident. Victims should file a report on the accident to begin the process of recovering compensation for damages.
Victims of workplace slip-and-fall accidents should also seek medical attention, even for minor injuries. Go to a hospital or clinic and have a healthcare professional diagnose your injuries and suggest methods for recovery.
The healthcare professional can use a physical exam and diagnostic tests to determine what injuries you suffered from the slip-and-fall accident at work. In some cases, it may not seem like the injuries are that severe.
However, the symptoms may just be delayed. If you wait to seek treatment, particularly for brain and spine injuries, you may be risking permanent impairment.
The only way to truly know the severity of the slip-and-fall accident injury is to go to the hospital for diagnosis. This can also help with future litigation, as it can show that you took your injuries seriously.
After suffering a workplace slip-and-fall accident, employees can recover benefits from their employer’s worker’s compensation insurance.
Employers in most states are required to purchase worker’s compensation insurance to provide economic benefits to employees injured on the job.
Worker’s compensation benefits can pay for a percentage of an injured worker’s medical expenses. This can include costs for hospitalization, surgery, medication, and ambulatory services.
Workers’ compensation can also pay for a percentage of your lost wages that you cannot earn while recovering from the slip-and-fall accident injury.
However, worker’s compensation does not pay for the full cost of an injured worker’s damages and will not account for non-economic damages.
If your employer’s negligence led to the slip-and-fall accident at work, you could file a personal injury claim to pursue compensation for the total cost of your damages.
An employer can be liable in a slip-and-fall accident claim for failing to adhere to a building’s safety codes, refusing to fix a walking hazard, or providing unsafe working conditions.
Filing a slip-and-fall accident claim allows you to pursue compensation for the full cost of your damages. A successful claim enables you to receive compensation for the total cost of your medical bills and lost wages.
Additionally, a personal injury claim can compensate you for non-economic damages like pain and suffering, loss of consortium, and mental anguish.
However, the process can take longer and require you to establish their negligence through tangible evidence.
Handling a slip-and-fall accident claim alone can be difficult, especially without legal experience and having to recover from a catastrophic slip-and-fall injury.
Victims of workplace slip-and-fall accidents should hire a slip-and-fall accident lawyer with years of experience helping victims.
They can advise whether filing a slip-and-fall claim with your employer is right or if you should recover a percentage of your economic damages from worker’s compensation.
If they think a slip-and-fall accident claim is worth it, they can help with the long process of filing the claim, demonstrating negligence, collecting evidence, and negotiating a settlement.
At The Eberst Law Firm, our top-notch personal injury attorneys can help you file a slip-and-fall accident claim with your employer. We understand that slip-and-fall accident injuries can be inconvenient, painful, and financially burdensome.
Set your workers’ compensation claim up for success by involving our award-winning team as soon as possible after a slip-and-fall accident at work.
Our slip-and-fall accident lawyers can help you determine the value of your claim, gather tangible evidence, negotiate a fair settlement, and represent you in court.
Contact us today for a free slip-and-fall accident case evaluation at (772) 225-4900 or fill out an online contact form.
Most of the time, when a car collides with a bicycle, it’s the motorist’s fault, not the cyclist’s. The unfortunate fact is that many cyclists are struck and severely injured every year due to negligent drivers. Tragically, far too many innocent cyclists are killed in these kinds of accidents.
If you or a loved one has suffered injuries or been killed as the result of the negligent actions of a vehicle driver, The Eberst Law Firm may be able to help you obtain compensation. Please give us a call at 888-CALL-JON or contact us online for a free review of your case.
While there are many different reasons cars hit bicycles, a lot of accidents occur for eight specific reasons. Here is a brief look at each.
A lot of drivers feel that bicyclists are nuisances, and will do whatever they can to get around them whenever possible. In many instances, this means a motorist will try to speed up to get around a cyclist. By trying to shave a couple of minutes off of a trip, a driver chooses to put a bike rider in severe jeopardy. Speeding bicycle accidents often result in catastrophic injuries because the driver did not have enough time to lessen their speed and reduce the force of impact.
It seems none of us can escape technology – even when we’re behind the wheel of a car. Drivers will routinely fiddle with the radio knob or some other type of gadget, or will text or talk using their smartphones. Some will even go so far as to read social media posts or emails while driving. Obviously, that can put bicyclists at risk.
But phones and gadgets aren’t the only culprits when it comes to causing distracted driving. Anything that takes a driver’s eyes off of the road – even for just a few seconds – can lead to disaster. It’s also a prime example of negligent behavior.
This is another common reason bicyclists are seriously hurt in collisions with four-wheel vehicles. Far too often, drivers will open their car door when parked on a busy street without even thinking about their surroundings. When this happens, a bike rider may not have enough time to change their path, and will strike the door as a result. Motorists who fail to check their mirrors before opening a car door may be held negligent if they injure a cyclist.
There are many scenarios where the driver of a car must yield to all other vehicles – including bicycles. These include some intersections as well as roundabouts and in other situations. If they fail to do so, they could be held liable if they strike a bicyclist and cause an injury – or worse.
It can be hard enough to see a bicyclist on a perfectly clear day – it can be virtually impossible in a blinding Florida rainstorm. But that’s no excuse. Motorists are responsible for taking as many precautions as they can when driving in inclement weather. This means slowing down and being even more aware of others on the road.
Roads in Florida – and much of the rest of the southern U.S., for that matter – were designed for motorists, not with bicyclists or pedestrians in mind. Lanes are wide, speed limits are high, and there are very few accommodations for anything other than vehicles traveling on four wheels.
This, of course, can make it incredibly difficult for a bicycle rider to be able to safely navigate a street or a highway. There are instances where poor road design can play a role in a collision between a car and a bicycle. If this was the case in your accident, there’s a chance you may be able to file a lawsuit against the governmental agency responsible for maintaining that road.
However, this is an extremely complex area of the law, and will require the help of an experienced attorney in order for you to have the best possible chance of obtaining compensation.
This is arguably one of the most avoidable causes of a collision between a car and a bicycle – and also one of the most deadly. When a car runs a red light or a stop sign, it is usually doing so at a high rate of speed. Even though there are stiff deterrents to stop this kind of behavior (a ticket for running a red light in Florida costs between $150-$200), this kind of accident still occurs far too often.
A drunk driver is a menace to bicyclists and everyone else on the road. Actually, bicyclists may be in more danger than others, because bikes can be difficult for motorists to see, even when they’re sober.
A bicycle accident lawsuit is much like any other kind of personal injury lawsuit in that the victim, or plaintiff, has to prove their case. You need strong evidence in order to have any chance of prevailing in your litigation. In general, you’ll have to satisfy each of the four elements of a personal injury case:
You’ll need an attorney who knows how to gather the evidence you need and who will passionately fight to make sure your rights are protected at every turn. You’ll get exactly that type of representation from the attorneys with The Eberst Law Firm. We’ve worked on behalf of bicyclists who suffered severe harm due to the negligence of drivers. And we can do the same for you.
Please get in touch with us as soon as you can for a free case review. You’ll learn how we may be able to help you obtain the compensation you deserve. You can give The Eberst Law Firm a call at 888-CALL-JON. Or you can get in touch by using our online form.
When it comes to slip and fall accidents, the truth of the matter is that they can occur anywhere and to anyone. They most commonly occur in grocery stores, restaurants, and other privately owned businesses. However, a slip and fall accident can occur on your rental property as well. In certain circumstances, you may have grounds to sue your landlord or the owner of the property if their negligence caused your injuries.
Each year falls account for over eight million emergency room visits, making them the leading cause of visits at 21.3%. Falls can be from heights, or because of a slip. For example, a fall in an apartment complex could occur because of a broken or loose stair.
In short, yes. There are many ways that a landlord can be negligent. As a result of their negligence, accidents can occur. If those accidents lead to injury, they could be liable in a slip-and-fall accident claim.
It’s a landlord’s job to ensure that the living space is habitable and reasonably free of dangers. They must keep all common areas maintained. This means maintaining them before an accident happens or a request is filed for maintenance.
If the landlord knows any potential dangers on the premises, they must alert the tenants prior to the tenants move in date. Examples of this include the presence of mold, lead paint, and other dangerous chemicals. They must also alert the tenant about any hazards, like loose floorboards, leaks, or broken stairs. However, they must also be in the process of fixing these hazards. The longer a landlord allows a hazard to go unfixed, the more liable they’ll appear in court.
Landlords are only liable if the accident was foreseeable. For example, if a stair in a specific hallway was broken, it could cause an accident. A landlord, in this case, should redirect their tenants to use a different staircase or elevator while repairs are being done. In the case that an accident occurs because of something that couldn’t be foreseen, it’s unlikely that the landlord would be liable for the accident.
If a landlord fails to take reasonable steps to prevent accidents from occurring, they could be liable if an accident were to occur. Landlords owe a certain level of duty of care to their tenants, meaning they are required to keep them safe from hazards and dangers at a reasonable level. If a landlord doesn’t take reasonable action to prevent accidents from happening, they could be liable for any injuries that are caused as a result of the accident.
Hazards on rental properties can cause physical harm (such as traumatic brain injury from a slip and fall accident) and also cause harm to one’s health (like mold or lead poisoning). Common hazards on rental properties that cause slip and falls include:
Other health hazards on rental properties include:
One of the main requirements of a landlord is that they’re required to provide you with a livable home. If they do not maintain the livable status of your apartment while you’re living there, you may be able to terminate your lease due to a break on their side. If an accident occurs, you may also be able to file a lawsuit against them for their negligence in the matter.
After an accident occurs in your home (or in the common areas of the rental property), you should first seek emergency medical treatment if you need it. If you don’t require emergency medical treatment, you should report the accident. Call your landlord or the property rental company and alert them immediately of the accident that occurred. Take pictures of the scene before they arrive and have a chance to correct the issue.
If anyone witnessed the accident, speak to them and exchange information. Don’t give a statement to anyone, even your landlord or rental property management team. You should however, record a statement for yourself so you can remember the exact details of what happened later on down the road.
You should then seek medical attention and call an attorney. If you don’t believe that you’re injured you should still seek out medical attention. Some injuries are often masked by adrenaline caused by the accident.
For your injuries, you can receive different types of compensation. For slip and fall accidents you can claim both economic and non-economic damages. Economic damages include medical bills (for ambulance rides, surgery costs, physical therapy, and other treatment) and lost wages.
Non-economic damages include compensation for pain and suffering, loss of earning capacity, loss of consortium, and permanent disability or disfigurement. In general, the more severe your injury was (such as a traumatic brain injury or spinal cord injury) the more compensation you’ll receive. Non-economic damages are calculated based on how much your quality of life has changed since the accident. If you can no longer walk or perform tasks you used to, you’re more likely to receive more compensation than someone who has injuries they’ll recover from.
If you or someone you love has been injured in a slip and fall accident inside your rental unit (or the common areas) please contact one of our experienced attorneys here at The Eberst Law Firm. We’re ready to take on your case and help you get the compensation and justice that you deserve. For more information, please contact us online using our chat box option or at 772-225-4900.