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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.
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. S
lip and fall accident victims can take legal action against those responsible for their injuries with a slip and fall accident 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
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.
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.
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.
Things on the floor such as debris, electrical cords, or trash can also lead to people tripping and falling.
Many slip and fall accidents happen on things such as stairs, ladders, and ramps. The likelihood of a slip and fall accident 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.
When one of the aforementioned things leads a person to slip and fall, the question of who is liable becomes a primary concern.
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.
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.
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.
In most cases, the person who is responsible for ensuring the property is maintained can be found at fault for a slip-and-fall accident.
Summary
Slip-and-fall accidents occur when a walking hazard, such as a wet floor, loose floorboard, or missing step, causes a person to lose their balance and fall to the floor.
These types of accidents occur when a property owner, manager, or landlord fails to keep their property safe.
If their negligence led to your slip-and-fall accident, they may owe you compensation for your damages. Victims of slip-and-fall accidents can suffer significant damages.
For example, they may sustain damages such as medical bills, lost earning potential, and loss of enjoyment of life.
Our exceptional slip-and-fall accident lawyers at The Eberst Law Firm can use their experience litigating these claims to build a strong case for fair compensation for your damages.
Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
A slip-and-fall accident is a type of personal injury accident that happens when the people in charge of a property, including property landlords, owners, and managers, fail to keep walking surfaces clear of hazards.
These walking hazards, which sometimes are not clearly visible to those walking around, can cause a person to lose their balance and fall to the ground. The following are some walking hazards that can cause a slip-and-fall accident:
These walking hazards can result in severe slip-and-fall accident injuries. For example, slip-and-fall accident victims may suffer broken bones, facial injuries, or traumatic brain injuries (TBIs), after colliding with a hard surface.
Following a slip-and-fall accident, a victim can hold many potentially liable parties accountable for causing their injuries.
The most likely liable party that can be liable for a slip-and-fall accident claim is the owner of the property where the slip-and-fall accident occurred. It’s their responsibility to maintain a safe environment for visitors and customers.
Failure to ensure their property is safe can leave them liable for slip-and-fall accident damages. This is called a breach of duty of care.
For a property owner to be liable for a slip-and-fall accident claim, there must be proof that their negligence led to the slip-and-fall accident.
A slip-and-fall accident that results from the victim’s clumsiness is not enough to hold the property owner liable. However, they can be held liable if there is a walking hazard left unfixed or if they failed to warn visitors about the hazard.
A landlord, otherwise known as the lessor, leases their property to another party for temporary ownership. In some circumstances, the landlord can share liability for a slip-and-fall accident caused by their negligence.
For example, a landlord must ensure the premises is safe before leasing it to a lessee. If they fail to do so and a missing floor boar leads to a slip-and-fall accident, they can be held liable for a slip-and-fall accident.
However, rental property liability can be complicated. You should still speak to a slip-and-fall accident lawyer to see if a property’s lessor or lessee can share liability for your slip-and-fall accident claim.
In most cases, a property owner of a public property like a restaurant, store, or museum will not be there to run the property’s operation on a daily basis. They will appoint a property manager to ensure the premises are safe.
If the property manager doesn’t fulfill their duties by preventing hazards, they can be held liable for their negligence. The slip-and-fall accident victim must prove that the property manager failed to address or notify visitors about the walking hazard.
Then, they must show that the hazard caused the slip-and-fall accident. If they can find evidence that can prove the property manager’s negligence, they can hold them liable for damages in a slip-and-fall accident claim.
Hiring a slip-and-fall accident lawyer is a vital step in the slip-and-fall accident claim process. They have experience litigating these types of claims.
Their skill set can help maximize your potential for recovering compensatory damages, such as medical bills, lost wages, and mental anguish.
The following are some of the ways a slip-and-fall accident lawyer can help with your claim:
You should have someone in your corner with specific slip-and-fall accident claim experience. That increases the likelihood that you will successfully recover compensation for your economic and non-economic damages.
Reach out to a local slip-and-fall accident lawyer, like our team at The Eberst Law Firm, today to see how we can help with the claims process.
The slip-and-fall accident lawyers at The Eberst Law Firm have substantial experience helping victims hold property owners, managers, and landlords liable for their negligence that led to the slip-and-fall accident.
Our personal injury lawyers value accountability. With that in mind, we will work tirelessly to secure a settlement that reimburses what you have lost.
As your attorneys, we can help you can prove you suffered damages from a slip-and-fall accident due to the at-fault party’s negligence.
Don’t hesitate to contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form today.
Cyclists are at a greater risk of debilitating or fatal injuries in speeding bicycle accidents.
Summary
Speeding is when someone drives above the posted speed limit, or a bicyclist drives much faster than the normal speed of traffic.
It can reduce a person’s reaction time and affect their field of vision, making it difficult to stop before hitting another driver, bicyclist, or obstacle.
Speeding bicycle accidents can occur when a motor vehicle driver or bicyclist goes much too fast to stop themselves before hitting a bicyclist.
High-speed bicycle crashes can expose cyclists to severe injuries, such as neck injuries, broken bones, and traumatic brain injuries, that can cause life-threatening consequences.
A bicycle accident lawyer with The Eberst Law Firm can help you hold the negligent speeding party accountable for the significant damages they caused, including medical bills, lost earning potential, and pain and suffering.
Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
Bicycle accidents can result from speeding drivers or bicyclists because they can expose bicyclists to harm.
Speeding is a common cause of bicycle accidents involving motor vehicles. Reaction time is reduced when an individual is operating their motor vehicle or bicycle above a safe speed.
Going faster than everyone else can make it much harder to stop on a dime before causing a crash. A speeding vehicle is dangerous because it requires more time and space to come to a stop than a vehicle traveling at a safe speed would need.
Additionally, speeding drivers will have a reduced field of vision because they can be going too fast to take in everything that’s happening around them.
They can also go too fast to adequately control their car, truck, motorcycle, or bicycle. Losing control after going too fast can cause them to swerve into a bicyclist, resulting in a crash that causes significant injuries.
The most common type of speeding bicycle accident is when a speeding driver of a motor vehicle crashes into a bicyclist. Speeding drivers can lose control of their vehicle, spin out, and crash into a bicyclist in a bike lane.
What makes a car-bicyclist speeding driving accident so dangerous is the fact that the bicyclist will have virtually no protection from a direct impact, although bicycle helmets can prevent head injury in some cases.
In a speeding car accident, the victim will at least have their seatbelt, airbags, and protection in the form of the structure of their car.
A bicyclist will have nothing to cushion the direct blow from a high-speed vehicle, exposing them to catastrophic injuries.
According to the National Highway Traffic Safety Administration (NHTSA), speeding increases the chances of a pedestrian or bicyclist dying from impact with a vehicle.
Drivers must be aware of their speed to avoid losing control of their vehicle and causing a life-threatening speeding bicycle accident.
Bicyclists can also speed, which involves going much faster than the other bicyclists occupying the bike lane. While bicyclists have no specific speed limit, they should not go fast enough to lose control of their bicycle and risk an accident.
Speeding bicyclists can cause an accident with another bicyclist by crashing directly into them without having the time to make an evasive maneuver.
A speeding bicycle accident can also occur if one of the parties involved does have some time to avoid the collision but ends up crashing into a hard object, road structure, building, or vehicle.
Following bicycle safety guidelines can help reduce the likelihood of a crash.
Speeding can occur due to a number of factors, but the most common is running late for something. Someone may have slept through their alarm or had an inconvenience that delayed the beginning of their commute.
They may speed up to try to make up the time, but this can lead to poor decision-making, reduced reaction time, and lack of control, which can cause a bicycle accident.
The following are some of the reasons someone may speed:
As mentioned previously, bicyclists have limited protection during an accident, which can make a speeding bike accident extremely dangerous.
Getting hit by a car in any circumstance can expose a bicyclist to intense trauma, but a speeding motor vehicle can cause even more harm.
A high-speed collision with a motor vehicle can cause a bicyclist to fly from their bike, with trauma caused by the direct impact of the vehicle and whatever hard surface they land on.
The intense pressure generated by the accident can expose a person’s bones, ligaments, tendons, and muscles to pressure that can lead to severe injury.
The following are some of the severe injuries caused by a speeding bicycle accident:
A speeding bicycle accident can cause a person to suffer significant damages, like medical bills, lost wages, and loss of enjoyment of life. Recovering compensation for these damages is crucial.
Most people don’t have the money to pay out-of-pocket for economic damages, but a personal injury claim can rectify this. You also deserve compensation for the intangible ways the speeding bicycle accident affected your quality of life.
Choosing the right bicycle accident lawyer is an essential step in pursuing compensation for damages, as they can use their experience handling these types of claims to help with the process. A bicycle accident claims process can be complicated.
It involves collecting evidence, speaking to experts, proving the at-fault party’s liability for the bicycle accident, and negotiating with an insurance company trying to deny, delay, or devalue your claim.
Bicycle accident attorneys will have vast experience handling each step of the process, which can allow them to handle the claims process effectively while you recover from your severe injuries.
Hiring a bicycle accident lawyer gives you the best chance to recover fair compensation for your speeding bicycle accident damages.
The Eberst Law Firm is a personal injury law firm with skilled bicycle accident lawyers who will put you in a strong position to recover compensation for damages. We have decades of proven experience assisting bicycle accident victims across the U.S.
Our team will use that experience to inform your personal injury claims process. We understand the significant harm caused by a speeding bicycle accident, and we are ready to handle your process so you can worry about your medical recovery.
Let our bicycle accident lawyers help hold the speeding driver accountable for causing your damages. We will handle everything from collecting tangible evidence to speaking to expert witnesses and representing you in court.
At The Eberst Firm, we offer free consultations to potential clients. Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
Do insurance companies investigate injury claims and deny them as a result? The short answer is “Yes.” Understanding the intricacies of this process is pivotal in getting the money you deserve. Here’s a look at the when, how, and what of insurance company investigations, shedding light on the factors that can impact the outcome of your claim.
The insurer is going to act quickly to investigate. An insurance company employee might be investigating as you read this article. That’s why you need to act just as quickly to hire a personal injury lawyer. The Eberst Law Firm is ready to help, staffed with a team of attorneys who also know how to thoroughly investigate accidents and work to secure maximum compensation for our clients.
Please don’t hesitate to call 772-225-5566 or contact us online for a free consultation.
Insurance companies are susceptible to fraud. The Federal Bureau of Investigation estimates about $40 billion in insurance fraud happens yearly. Florida and New York have the highest rates of car insurance fraud in the country.
So, the insurer in your case will go to great lengths to determine your claim’s validity, no matter what kind of accident caused your injury.
That’s a big reason why insurance companies don’t waste time when it comes to investigating injury claims. The process begins the moment someone files a claim.
Whether you’ve experienced a car accident, a slip and fall, or any other incident resulting in an injury claim, the wheels of the investigation start turning immediately. The purpose is to gather essential information while the details are still fresh.
Timing is of the essence in insurance investigations. The immediacy of the process allows insurance companies to capture the nuances of the incident when memories are vivid, and evidence is more readily available.
A prompt investigation helps secure accurate details, preventing potential distortions or fading recollections. The goal is to comprehensively understand the events leading to the injury, laying the groundwork for their evaluation.
That’s why hiring an attorney is so critical. Your lawyer must begin their investigation quickly to collect evidence before it disappears. If the insurer has evidence and you don’t, that will significantly damage your chances of winning your case.
Insurance adjusters often go to the accident scene. Here, they assess damages firsthand and gather additional information that might not be apparent in documents.
In the aftermath of car accidents, for example, adjusters may inspect vehicles, evaluate road conditions, and photograph the scene. This on-site investigation aims to create a more accurate portrayal of how the accident happened.
In some instances, insurance companies bring in independent investigators. These professionals specialize in scrutinizing claims impartially. Their role may involve interviewing witnesses, reenacting incidents, obtaining video footage, or consulting with experts in specific fields.
Investigations typically involve obtaining critical documents such as police reports, medical records, and statements from all involved parties, including witnesses. Here’s a brief look at how each plays a crucial role in an accident investigation.
Social media has become a crucial tool for insurance adjusters. Surveillance through social media platforms allows adjusters to scrutinize every aspect of a claimant’s online presence. This surveillance includes meticulously examining photos, videos, and posts.
Social media can affect your personal injury claim if the investigator finds evidence that undermines or contradicts the injuries claimed.
The following are some aspects of an insurance company’s social media investigation.
Insurance adjusters closely inspect photos and videos posted by claimants. Suppose someone claims a severe back injury but posts pictures playing basketball. That directly contradicts the claim and damages the claimant’s credibility.
Beyond injuries, social media provides a glimpse into a claimant’s lifestyle. Adjusters may look for posts suggesting an active or adventurous lifestyle inconsistent with reported impairments. A person claiming to have a severe leg injury, for example, might post that they went dancing the night before.
Insurers can use findings to challenge the physical limitations victims claim to have, raising questions about the injury’s legitimacy.
Posts or comments deviating from the reported injuries become crucial investigation points. If a claimant describes an incident one way in an official statement but posts conflicting details online, it raises questions about the accuracy of the reported events.
Privacy settings can also influence the dynamics of social media investigations. While some individuals maintain stringent privacy controls on their profiles, others share information openly. Insurance companies can access information that could influence the evaluation of a claim.
Even with strict privacy settings, certain information remains public. Insurance adjusters leverage this publicly accessible data to gather insights into a claimant’s life. Public posts, profile pictures, and basic information become fair game in the investigative process.
These are just some reasons you should never post anything accident-related on social media after an accident. The insurer is waiting for you to make a mistake and twist information they found on social media to damage your case. Insurance companies regularly do this, even when claims are legitimate.
The question isn’t whether insurance companies investigate; it’s about understanding the depth and breadth of their investigative efforts. The insurance company’s quest for information is relentless.
A skilled attorney with The Eberst Law Firm will fight to protect your rights and ensure your claim stands on solid ground. We’ll investigate immediately and warn you of the potential social media pitfalls that could hurt your case.
Contact us immediately by using our online form or calling 772-225-5566 for a free case review.
Revealing information about your accident on social media can harm your ability to recover compensation for damages in a personal injury lawsuit.
Summary
Following an accident, victims often suffer damages, such as medical bills, lost wages, and pain and suffering, for which they can pursue compensation through a personal injury claim.
However, if the victim’s social media posts undermine their claim, that can affect a personal injury victim’s ability to recover fair compensation.
They can lead to an insurance company refusing to pay for the damages or a jury favoring the defendant in a court case.
The Eberst Law Firm can advise you on the best way to use social media in a way that cannot affect your personal injury claim. Our personal injury attorneys are skilled negotiators who understand how to protect our clients.
Schedule a free consultation with our team by calling (772) 225-4900 or completing a contact form. Our team will gladly explain how social media can affect your personal injury claim and what we can do to maintain the integrity of your case.
Personal injury victims may want to use social media to vent after a negligent party causes a personal injury accident, such as a car, truck, or slip-and-fall accident.
Most people use social media to communicate with friends and family about what is happening in their lives. Something like a car accident is a traumatic event in their life that they may want to update their followers on.
However, posting private details about your personal injury accident can affect your ability to recover compensation for damages.
Every social media post can be used as evidence in a personal injury claim to diminish your ability to recover full compensation.
It’s impossible to know how an insurance company can use a seemingly harmless social media post against you, so it’s better to avoid the risk and keep any details of your personal injury claim off social media.
Personal injury victims should also speak to those close to them to ensure they do not say anything on social media about the personal injury claim either.
Recovering compensation for personal injury damages involves negotiating a settlement with the at-fault party’s insurance company. These insurance companies will do everything possible to deny, delay, or devalue your claim.
Insurance companies employ insurance adjusters to investigate for evidence that can delegitimize personal injury claims.
Their goal is to discover information that means they do not have to pay large sums of money to compensate personal injury victims for damages.
One way an insurance company will try to limit your settlement is by using social media posts that can contradict your damages.
When you are pursuing compensation for damages, you need evidence to prove you suffered those damages because of the at-fault party’s negligence.
Insurance companies can also try to find evidence to disprove your damages. For example, a social media video showing you running can delegitimize your attempt to pursue compensation for medical bills regarding a knee injury.
Another example of how social media posts can affect your personal injury claim would be if you were trying to recover compensation for loss of enjoyment of life following a car accident.
A social media post showing you on vacation in Maui would contradict the loss of enjoyment of life you claim you are suffering.
Insurance companies and defendants can use contradictory social media posts in settlement negotiations and court cases to affect your ability to recover fair compensation.
Any post you make on social media that calls into question whether you suffered a damage you are pursuing compensation for is fair game.
While presenting a contradictory social media post does not eliminate your chance of recovering compensation, it can negatively affect your chances and decrease the value of a potential settlement.
The following are some of the types of social media posts that can hurt your personal injury claim:
Negotiating fair settlements for personal injury claims can be difficult. Insurance companies will use anything, including your social media activity, to call into question the severity of your injuries.
Therefore, plaintiffs should restrict their social media use while they are involved in the personal injury claims process. However, personal injury victims do not have to abandon social media entirely.
As long as they avoid posts about their claim or activities, they should be fine. Posts about world events, politics, culture, movies, music, or sports should be fine.
Before posting on social media, victims should consider what damages they are pursuing compensation for. They shouldn’t post anything that has to do with those damages and can be used against them later on.
If you were involved in a personal injury accident caused by a negligent party, you could file a personal injury claim. This allows you to pursue compensation for damages affecting your physical health, financial situation, and quality of life.
You can seek compensation for both economic and non-economic damages. Damages include costs such as medical bills, lost wages, pain and suffering, and mental anguish.
Hiring a personal injury lawyer can help with the process of seeking compensation. They can advise you on the safest way to use social media without affecting your ability to recover compensatory damages.
They can also help you determine the at-fault party, explain your rights, collect evidence, and negotiate a settlement.
At The Eberst Law Firm, our personal injury lawyers can offer guidance through the claims process to increase your chances of recovering fair compensatory damages.
Our advice can include how to handle your social media accounts to ensure no post can further complicate the personal injury claims process.
The personal injury lawyers of The Eberst Law Firm have decades of experience that can work in your favor.
Don’t trust your case to a personal injury settlement mill; work with our dedicated accident injury attorneys instead. We will craft an individualized legal strategy to maximize your potential for recovering compensation for your damages.
Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
Negligence – even a momentary act of carelessness – can result in severe injuries or tragic deaths. If you’ve suffered an injury or lost a loved one due to another’s negligence, The Eberst Law Firm may be able to help you obtain maximum compensation. Call 1-800-CALL-JON or use our online form for a free case review.
Negligence is the legal principle that holds individuals responsible for their actions or omissions when they fail to exercise the level of care that a reasonably prudent person would have exercised under similar circumstances. It involves breaching a duty of care owed to another person, resulting in injury, damage, or loss.
There are three different types of negligence, gross, contributory, and comparative negligence.
Gross negligence is a high degree of negligence that demonstrates a reckless or willful disregard for the safety of others. It involves conduct that goes beyond ordinary negligence. For example, someone may show a severe lack of care or conscious indifference to the consequences of their actions or omissions.
Gross negligence often involves a blatant violation of the standard of care that a reasonable person would exercise in similar circumstances. In legal terms, it’s a more egregious form of negligence and can result in heightened liability and potentially increased damages.
Under contributory negligence, if the injured party is found to have contributed to their injuries in any way, even minimally, they may be barred from recovering any compensation from the other party. This means that if the injured party is found even slightly at fault for the accident or their injuries, they can’t recover damages from the defendant.
Contributory negligence is a relatively strict doctrine. These are the only jurisdictions that use it:
Comparative negligence is a legal principle used in determining the allocation of damages in personal injury cases. It is more widely followed than contributory negligence and provides a more equitable approach to assessing fault and assigning damages. Under comparative negligence, the degree of fault is allocated between the parties involved in the accident or incident. There are two main types of comparative negligence.
In pure comparative negligence, the injured party can recover damages even if they are primarily at fault for the accident. The injured party’s fault percentage reduces the compensation awarded. For example, if the injured party is 70% at fault, they may still recover 30% of the total damages.
Florida law follows this principle. In modified comparative negligence, there’s a threshold beyond which the injured party can’t recover damages if their fault exceeds a certain percentage. This threshold is typically set at 50% or 51%. If the injured party’s fault surpasses the threshold, they can’t recover damages. If their fault falls below the threshold, their compensation is reduced by their percentage of fault.
Proving negligence involves establishing that the defendant breached their duty of care and that this breach directly caused the plaintiff’s injuries or damages. To successfully prove negligence, the plaintiff has to prove the following elements:
To prove negligence, the plaintiff and their legal team typically gather and present evidence, which may include:
The level of negligence exhibited by the defendant can impact the outcome of your claim, including the amount of compensation you may be entitled to. In some cases, if the defendant’s actions are deemed to be grossly negligent, meaning a severe or reckless disregard for the safety of others, it may increase the potential compensation awarded to the plaintiff.
Negligence in a personal injury lawsuit can vary drastically depending on the type of injury and the parties involved. For example, in a car accident, the negligent party is often another driver. In a truck accident, however, it could be a third party. In a slip and fall, the negligent party is usually not on-site at the time of the accident. Here are a few different examples of negligence in various personal injury cases.
If you’ve suffered from a personal injury accident, speak with an experienced personal injury attorney with The Eberst Law Firm. We’ll provide expert legal guidance and representation to protect your rights and pursue the compensation you deserve. Contact us online or call 1-888-CALL-JON to schedule a consultation and discuss your case.
Proving a negligent party owed you a duty of care is the first step in recovering compensation in a personal injury claim.
Summary
Everyone has a legal obligation to act reasonably to avoid causing unnecessary harm to others around them. This legal obligation of reasonable behavior is called duty of care, but not all people adhere to this principle.
Parties that breach their duty of care do so through negligent or reckless behavior that can expose others to harm.
If you were involved in a personal injury accident that caused significant damages, you could hold the at-fault party liable for breaching duty of care through negligence.
At The Eberst Law Firm, our team of personal injury lawyers can help you prove an at-fault party breached their duty of care.
We will work to maximize your compensation for your damages so you can focus on healing. Schedule a free consultation by calling (772) 225-4900 or filling out a contact form today.
In personal injury claims, there is a theory of negligence that states parties can be liable for causing harm by acting recklessly in a way that a prudent individual wouldn’t in similar circumstances.
Parties owe others a duty of care, the standard of safe behavior people must exhibit to prevent others from receiving harm.
An example of duty of care would be following road rules when operating a motor vehicle. Operating a motor vehicle unsafely, such as driving drunk, distracted, or recklessly, can expose others to harm.
To prevent a car accident, drivers must follow road rules, pay attention to driving, and operate at the proper speed limit. Safe driving is adhering to the duty of care drivers owe to other drivers, pedestrians, bicyclists, and motorcyclists.
Duty of care applies in every type of personal injury accident. People have a legal responsibility to behave properly and in a way that can keep others safe from harm.
Duty of care can apply differently based on what is considered reasonably safe behavior in that given situation.
The following are some of the ways duty of care can apply in common personal injury accidents.
Failing to obey some of the above duties of care can leave parties liable for medical malpractice, dog bite, premises liability, and nursing home abuse claims.
By failing to adhere to their duty, negligent parties can expose others to harm that can lead to severe injuries.
Breaching duty of care is one of the four elements of negligence that can leave a party liable for personal injury damages:
To recover compensation for personal injury damages, you must be able to gather evidence that proves the four elements of negligence. That includes proving the at-fault party owed you a duty of care and breached it.
Proving a party owed you a duty of care shouldn’t be difficult, as duty of care is legally assumed in most cases. However, proving a breach of duty of care can be challenging for some personal injury victims.
They must be able to find concrete evidence that establishes reckless or negligent behavior that exposed them to harm. Evidence like photographic and video evidence, police reports, medical records, and witness testimonies can help prove liability.
Personal injury accidents may not have the required evidence you need easily accessible. Additionally, your can may include facts that can call into question whether the at-fault party shares liability.
That’s why it’s vital to hire a personal injury lawyer to help prove the at-fault party’s liability.
A personal injury lawyer can help you with the process of proving the at-fault party breached a duty of care, causing an accident as a result. They will likely have experience in handling the type of personal injury claim you are filing.
That can maximize your chances of recovering compensatory damages for economic and non-economic losses. This includes medical bills, lost earning potential, and pain and suffering, with the help of an experienced personal injury lawyer.
Additionally, they can assess the full cost of your damages, collect evidence, explain your rights, and speak to expert witnesses. Finally, your personal injury attorney will work to negotiate a fair settlement with the at-fault party’s insurance company.
At The Eberst Law Firm, our personal injury lawyers have helped people who suffered financially, physically, and psychologically because of a traumatic personal injury accident.
We can apply our decades of experience to your personal injury claim to help you recover fair compensation for damages.
Our personal injury lawyers can craft a personalized legal counsel plan to maximize your potential for recovering compensatory damages.
Contact us for a free consultation evaluation at (772) 225-4900 or submit a contact form through our website today.
Summary
Florida is a beautiful state, one with a climate that makes it easy to get outside and take a leisurely walk. Unfortunately, our state is also incredibly dangerous when it comes to doing just that. Florida is, in fact, the most dangerous state for pedestrians.
There are a lot of factors that can contribute to a pedestrian accident. A distracted driver might be too busy talking or texting on their smartphone to realize someone has walked into their path, for example.
No matter what the cause of your pedestrian accident, the attorneys with The Eberst Law Firm will be ready to help you hold those responsible for your suffering accountable. We’ll do everything we can to help obtain the compensation you deserve so that you can recover the damages you’ve incurred.
If you would like to schedule a free consultation, please contact us online or call 1-888-CALL-JON.
Not well, to say the least. According to the Governors Highway Safety Association, 7,508 people lost their lives in pedestrian accidents across the US in 2022. This is the highest number since 1981. Florida accounted for 3.7 pedestrian deaths per 100,000 population, the third-highest number in the country for pedestrian fatalities.
Researchers from Smart Growth America (SGA) found that an astounding 3,420 people died in pedestrian accidents in Florida between 2016 and 2020. According to SGA, Florida is the second-most dangerous state in the country for pedestrians, behind only New Mexico.
It’s not a stretch to say that Florida is actually the most dangerous state in the U.S. to take a walk. The National Highway Traffic Safety Administration reported that 713 pedestrians died in Florida in 2019 – the most in the state in the previous 10 years.
Researchers from Smart Growth America (SGA) found that an astounding 5,893 people were killed in pedestrian accidents between 2000-2019. Due to these numbers, SGA gave Florida a rating of 201.4 on its pedestrian danger index. Alabama was a distant second, with a rating of 174.6.
The types of injuries that can result when a vehicle hits a pedestrian can obviously be devastating. These are just a few of the more common ones that occur.
According to the SGA report, seven of the 20 most dangerous metropolitan areas for pedestrians are in Florida. These include the following:
One of the most important factors that determine how pedestrian accidents occur is the time of day. Fatalities will typically occur at night on local roads that are away from city lights because motorists simply can’t see someone trying to cross the street.
Researchers at Arizona State University found a distinct difference between the times of day that injuries in pedestrian accidents occur, and the times of day when these accidents are more likely to result in a fatality. According to the researchers, most injuries take place between 6 a.m. and 6 p.m. The hours between 3-6 p.m. are the peak times for injuries.
Pedestrian fatalities, on the other hand, are more likely to happen between 5:30 and 11 p.m. More pedestrian accidents occur on Friday and Saturday, while the fewest occur on Sunday.
The researchers surmised that most accidents take place between 3-6 p.m. because this is typically the time of day when there’s the most traffic, as people are coming home from work. There are several factors that could explain why most pedestrian fatalities happen at night. These include pedestrians and drivers who are drunk, as well as poor visibility.
According to the SGA report, it appears that older people, as well as those in lower-income neighborhoods, are at the highest risk of being killed. People of color are also at an exceedingly high risk. SGA reported that the number of fatalities among Black pedestrians was 82% higher than Whites from 2010-2019.
Older people – especially those who are 75 years of age or older – are often struck because they have issues either hearing or seeing oncoming vehicles. They’re also unable to move fast enough to potentially get out of harm’s way.
Those in lower-income neighborhoods are at a higher risk because these areas oftentimes don’t have marked crosswalks or sidewalks. The SGA researchers stated they believe this is the case because many state and local agencies are more interested in blaming pedestrians than they are in addressing the role that roadway design may play in causing these accidents.
If you were hit by a vehicle, or you tragically lost a loved one in this type of accident, you’re going to have a lot of questions. The pedestrian accident attorneys with The Eberst Law Firm will be here to answer them. We will work passionately to help you get the money you deserve.
Please use our online form or call 1-888-CALL-JON for a free case review.
Here are a few pieces of advice on choosing a personal injury attorney after a Florida pedestrian accident:
If they keep brushing you off or can’t answer basic questions about how pedestrian accident claims work in Florida, take it as a sign to keep exploring your options.
The SAG researchers say many local transportation agencies are more focused on speed (or reducing delays for motorists) than safety. Pedestrians are the ones who pay the price.
National Safety Council data indicates that over 75% of pedestrian accidents occur at non-intersection locations. Likely this is because drivers aren’t primed to expect pedestrians in their path.