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There are two primary forms of damages in a personal injury case – economic and non-economic. Economic damages, such as medical bills and lost wages stemming from a motorcycle accident, a bicycle accident, or a car accident, are easy to prove. Non-economic damages, such as pain and suffering, are more subjective, and it takes a skilled attorney to calculate and prove them.
The Eberst Law Firm has a team of attorneys who have that skill. We’ll know exactly what your pain and suffering (and other non-economic damages) are worth and help you get every dollar you have coming. Our team will always be here to answer your questions and address all your concerns. Contact us online or call 1-888-CALL-JON for a free consultation.
Pain and suffering damages are compensation awarded in personal injury cases. They compensate the injured party for the physical and emotional pain and suffering they experienced due to the injury. This can include physical pain, mental anguish, loss of enjoyment, and emotional distress. Pain and suffering damages are typically awarded in addition to other damages, such as medical expenses and lost wages. The amount awarded can vary widely depending on the specific circumstances of the case.
Economic damages can be calculated relatively easily by adding up the cost of medical expenses, lost wages, and other financial losses. Non-economic damages, on the other hand, are more subjective and can be more challenging to calculate. The judge or jury typically determines them based on the case’s specific circumstances.
An injury, such as a broken bone or a burn, can cause intense physical pain lasting for weeks, months, or even years. The pain can be constant or intermittent and ranges from mild to severe.
Pain and suffering damages and emotional distress damages are similar in that they compensate the injured party for the emotional and psychological harm they experienced due to the injury. However, there are some subtle differences between the two types of damages:
The amount awarded for pain and suffering damages can vary widely depending on the specific circumstances of the case. Factors that can affect the amount awarded include the severity of the injury, the length of time the person will experience pain and suffering, and the impact the injury has on the person’s daily life and ability to work.
In some cases, pain and suffering damages are calculated by multiplying the person’s medical expenses and other economic damages by a number that represents the severity of the injury (for example, 1.5 for a minor injury and 5 for a severe injury, such as a traumatic brain injury).
Other factors that may influence how much you will be awarded for pain and suffering damages are the court, jurisdiction, and laws applied in that specific case.
It’s essential to remember that there is no set formula for calculating pain and suffering damages, and the amount awarded can vary greatly depending on the case’s specific circumstances.
While pain and suffering damages are among the most commonly awarded in personal injury cases, there are other non-economic damages you could obtain as well. These include the following:
Proving non-economic damages, such as pain and suffering or emotional distress, can be challenging because these damages are not easily quantifiable. However, a personal injury lawyer can use various strategies to help prove non-economic damages in a case. Some of these strategies include:
It’s important to note that proving non-economic damages can be challenging. There’s no guarantee that the person will be awarded non-economic damages. A good lawyer should be able to build an argument to help the person to get compensation.
An Eberst Law Firm attorney is standing by to tell you more about how we’ll work to obtain compensation for your economic damages, pain and suffering, and other non-economic damages. You can call 1-888-CALL-JON for a free evaluation of your case or contact us online.
Motorcycle accidents can often cause severe injuries, and negligent motorists are often to blame. These injuries can lead to astronomical medical bills and other significant financial losses. If you find yourself in this horrible situation, an attorney with The Eberst Law Firm is standing by to help. Read on to learn about the common causes of motorcycle accidents.
When you choose our firm, you’ll work with a skilled motorcycle accident lawyer who will fight aggressively to ensure you get the compensation you deserve. Please contact us online as soon as possible to schedule a free consultation or call us at 1-888-CALL-JON.
Speeding drivers can cause motorcycle accidents because they may not be able to see the motorcycle rider, may not be able to react in time to avoid a collision, or may not be able to navigate the motorcycle safely. Additionally, a speeding driver is more likely to lose control of their vehicle, which can increase the risk of an accident. When motorists drive too fast, they may not be able to anticipate the sudden movements of a motorcycle rider, which can cause them to make sudden lane changes or turns, resulting in a collision.
A skilled attorney can uncover the evidence needed to prove the driver who caused your suffering was speeding at the time of the accident.
Drivers who disregard traffic laws, such as speed limits or traffic signals, can cause motorcycle accidents because they increase the likelihood of collisions. For example, a driver who runs a red light or stop sign may not see a motorcycle rider who has the right of way, resulting in a collision. When drivers disregard traffic laws, they’re also more likely to engage in other risky behaviors, such as tailgating or passing in no-passing zones, which can increase the risk of an accident involving a motorcycle rider.
Drivers often overlook motorcyclists because they’re so focused on other cars. Motorcycles also tend to make less noise than larger vehicles, so drivers who aren’t paying attention may not be able to hear a bike. When drivers don’t check for motorcycles before turning, merging, or changing lanes, they may not cause a collision.
Drivers who don’t look for motorcycles may not anticipate a motorcycle rider’s sudden movements, which can result in a collision. When motorists aren’t aware of their surroundings, particularly at intersections and when making turns, they can face liability if an accident occurs.
Unfortunately, distracted driving is one of the most common causes of motorcycle accidents. Distracted drivers often fail to pay attention to the road, other vehicles, or motorcycle riders. Distractions can come in many forms, such as using a cell phone, eating, applying makeup, adjusting the radio, or even talking to passengers.
When a driver is distracted, they may not see a motorcycle rider, react in time to avoid a collision, or be unable to navigate the motorcycle safely. A distracted driver is also more likely to lose control of their vehicle, increasing the risk of an accident involving riders and passengers.
Driving while drunk can cause motorcycle accidents for several reasons. Alcohol impairs a person’s ability to make decisions, react quickly, and coordinate movements, making it difficult to control a motorcycle. Alcohol can also cause a person to have poor judgment and make poor decisions, such as driving too fast or taking unnecessary risks.
When a person is drunk, they may not be able to perceive the danger as well as they would if they were sober, which can lead to accidents.
This type of accident is known as “dooring,” It can happen when someone in a parked car opens a door into the path of an oncoming motorcycle. Motorcycles are smaller and less visible than cars and trucks, so people in parked cars will typically not see them before they open the door, and riders may not have enough time to react and avoid a collision.
Defective parts can cause a motorcycle accident because they can malfunction and affect performance. For example, if a brake system is defective, it can make it difficult for the rider to stop the motorcycle, increasing the risk of a collision. Similarly, if the steering or suspension system is defective, it can make the motorcycle challenging to control, increasing the risk of an accident.
Also, a defective tire can blow out or lose its tread, which can cause a wreck. Defective parts can also cause the motorcycle to stall or fail to start, leaving the rider stranded on the road. If a defect caused the accident that led to your injury, you could take legal action against the manufacturer.
Florida’s weather is usually beautiful, but we can get our share of serious thunderstorms during spring and summer, of course. When people are just starting out behind the wheel, encountering heavy rain could lead to disaster.
Bad weather can make the road surface slippery, of course, reducing traction and making it more difficult for drivers – especially those who are inexperienced. Rain or fog can obscure the driver’s visibility, making it harder to see the road ahead and anticipate other vehicles’ movements.
A motorcycle accident lawyer with The Eberst Law Firm will perform a detailed investigation into the accident. We’ll find out why it happened and who is to blame. You’ll always be able to count on us to work in your best interests at all times and do everything we can to help you obtain maximum compensation.
No ethical lawyer will ever make any promises regarding compensation – especially when they don’t have all the facts of the case. We can guarantee, however, that no other law firm will work harder on your behalf. We’ve helped clients get the money they deserve for years, and we’re ready to do the same for you.
Get in touch with us as soon as possible to schedule a free evaluation of your case. You can use our online contact form, or you can call 1-888-CALL-JON.
If you’ve suffered an injury in a truck accident, you’re probably going through a lot of stress and confusion. You know you weren’t to blame, and someone owes you money for your medical bills and other expenses. But you’re not sure how to go about getting that money. Choosing a truck accident lawyer can be stressful, but The Eberst Law Firm is ready to help.
Our firm has the skill and resources it takes to help clients obtain the compensation they deserve for someone else’s negligence. Truck accidents continue to rise in Florida, and people are suffering throughout the state. We have a team of attorneys who know how to handle all of the complexities involved in this kind of case and how to take on huge insurance companies and defeat them.
Here are some tips for finding the best truck accident lawyer for your specific case. If you want a free consultation from The Eberst Law Firm, you can contact us online or call us at 1-888-CALL-JON.
The most critical factor in choosing a truck accident lawyer is results. What kind of track record does the firm have in cases like yours?
Getting the results you want will require investigating the accident. Once your attorney determines the cause of the accident, they’ll know who to target with legal action. It could be the truck driver, the trucking company, the manufacturer of a defective part, or another party.
Once your attorney has the facts of the case, they can then demand the compensation you deserve. Insurance companies are notorious for trying to lowball accident victims, but an effective attorney won’t let that happen. A strong lawyer will know exactly what you deserve and will settle for nothing less.
The vast majority of truck accident cases never get to a courtroom. The main reason is that the insurance company doesn’t want to go to the expense of a trial.
But there are some instances where an insurer will refuse to offer a fair settlement, and a trial will be necessary. You’ll need an attorney ready to present a compelling argument on your behalf to obtain the maximum compensation you have coming. If that attorney did an excellent job investigating the accident, they’ll have the strong evidence it takes to give you the best possible chance of winning.
Consider paying close attention to online reviews while researching truck accident law firms. Look at what others are saying about the firms on your list to get a good idea of what kind of service you can expect.
One thing you want to look for in the reviews is clients who feel they didn’t receive maximum compensation because their lawyer settled too soon. Several firms are known as “settlement mills.” They want to keep their caseloads as high as possible, so they settle with insurance companies much faster.
This approach often means clients won’t get nearly the money they deserve. As a result, they’ll be on their own when it comes to paying for all of their accident-related expenses. Please don’t let this happen to you. Find an attorney who will work in your best interests – not theirs.
There are a lot of advantages to choosing a smaller law firm. Just because a firm spends a lot of money on advertising doesn’t mean it will provide the best representation. Some of the benefits of choosing a smaller firm include the following:
You already have enough on your plate. Not only are you recovering from a severe injury, but you’re also worried about the medical bills and other expenses you’ve incurred due to the wreck. For example, you’re losing wages because you can’t work.
The last thing you want to worry about is coming up with the money to pay your truck accident attorney. That won’t be an issue when you turn to The Eberst Law Firm. We work on what’s known as a “contingency basis.” This means that we won’t make any money unless we achieve a positive result on your behalf.
If that happens, we’ll take our fee out of your compensation. This fee will typically be about a third of your settlement or what you receive if the case goes to trial and you win. That means we’ll be genuinely invested in delivering the best representation we can provide.
The contingency process will relieve a lot of your stress. You can focus on your recovery while we focus on getting you every penny you deserve.
The attorneys with The Eberst Law Firm are ready to do just that. Our firm has a long track record of success in truck accident cases. We have extensive experience defeating the tactics that insurance companies often use – and we’re standing by to put that experience and knowledge to work for you.
Please get in touch with us as soon as you can to learn more about how we may be able to help. Schedule a free evaluation of your case by using our online contact form or calling 1-888-CALL-JON. We look forward to hearing from you.
It’s not fun to learn that you must take a defensive driving course because you were at fault for a car accident. It will be even worse if you’ve suffered any sort of serious injury. But there is a bright side to taking this course – one that could help you avoid being hurt in the future. In this article, you’ll learn some of the advantages of defensive driving programs.
The attorneys with the Eberst Law Firm will be ready to help if you’ve been hurt in a wreck that wasn’t your responsibility. We’ll explain every part of your case in easy-to-understand terms and fight aggressively to ensure you get every penny you deserve. If you want to schedule a free consultation, you can contact us online or call us at 1-888-CALL-JON.
When you take a defensive driving course, you’ll learn safe driving techniques that could help keep you from being in another accident. In most cases, the course takes anywhere from 4-6 hours, and you can take classes online from the comfort of your home.
Most people have to take defensive driving because the government is forcing them to do so. But you can always take it for other reasons. For example, it will help your driving and keep more money in your bank account.
Taking a defensive driving course will help you qualify for a discount on your car insurance, which can reduce the amount of money you need to pay each month. In fact, you could save as much as 10%, depending on your carrier.
Insurance companies are notorious for denying accident claims and hiking monthly rates when policyholders are to blame for a wreck. By taking a defensive driving course, the money you save can ease the pain of any rate increase.
Like many other states, Florida has a points system for licensed drivers. If you get a ticket, that adds points to your driving record. The more points you accumulate, the higher the risk you’ll lose your license.
A defensive driving course could help keep those points from accumulating, but it could also help you get a ticket dismissed.
Talk to the court that has jurisdiction over your case to determine how taking a course could affect your license. If so, make sure the court will accept online courses.
You might be supremely confident in your ability to handle whatever the road throws your way. But you can’t be 100% certain of what to expect whenever you get behind the wheel. For example, you could encounter a driver who’s aggressive because they’re having a bad day, or a Florida thunderstorm could come out of nowhere. If you take a defensive driving course, however, it’ll better equip you to handle the unexpected.
Defensive driving courses are comprehensive, covering safe driving techniques, such as staying away from aggressive drivers and much more. Once you’re done with the course, you’ll also have a much better grasp of Florida’s traffic laws. You’ll be a much safer driver as a result.
Being in a car wreck can result in severe injuries that require months – or even years – of recovery. In addition, victims will often have to go through intensive physical therapy for a long time. This, of course, leads to a mountain of medical bills that can easily reach hundreds of thousands of dollars.
A defensive driving course could help you avoid all that pain and misery. The techniques you learn might make the difference between getting into a severe accident and avoiding it entirely.
Also, a defensive driving course could help keep you from taking the bus to get to work or turning to a rideshare company or taxi. If you don’t get into a wreck in the first place, you don’t have to worry about accumulating points that could lead to your license being suspended.
As you can see, there are quite a few benefits to taking a defensive driving course. First, it can help you better anticipate potential problems and react to a wide range of road hazards. These include severe weather, poor visibility, and many others.
But there’s still no foolproof system for avoiding accidents entirely. You can’t control how others drive. A motorcyclist, for example, might try to split lanes in heavy traffic and can slam into the side of your car. Likewise, a drunk driver could hit you from behind when you’re stopped at a red light or stop sign.
If you encounter any of these issues and suffer a severe injury, you’re going to need the help of an experienced personal injury attorney. A lawyer can investigate the accident and determine why it happened and who’s to blame. This investigation will uncover the critical evidence needed to make your case as strong as possible.
An attorney will also serve as an advocate, aggressively working to help you obtain maximum compensation for your medical bills, lost wages, and many other damages. Your lawyer will work to convince the insurance company to offer a fair settlement. But if they refuse, your attorney will be ready to deliver a compelling argument to a judge or jury should the case go to trial.
The Eberst Law Firm has a team of attorneys with years of experience – and a long track record of success. You won’t find another firm that provides more passionate, effective representation for our clients. The only way you’ll pay a dime is if we win your case.
If you would like to learn more about us, or you would like to schedule a free review of your case, use our online contact form or call 1-888-CALL-JON.
Even though Florida is paradise the vast majority of the time, when the weather turns sour, it can be devastating. Our state has been hit by several major hurricanes in recent years, which have not only led to hundreds of lost lives but also billions of dollars in damage. Insurance companies have had to close because they simply couldn’t handle a multitude of people trying to file a property damage claim after hurricane season.
If you’re having a hard time with your hurricane insurance claim, the experts with The Eberst Law Firm may be able to help. We will fight for your rights if the insurance company offered you an unfair settlement or denied your claim entirely. If you would like to learn more, please give us a call at 1-888-CALL-JON or contact us online. We’ll be more than happy to answer whatever questions you may have, and to tell you how we may be of assistance.
Two of the main reasons hurricanes cause so much destruction, of course, are incredibly powerful winds and storm surges. Even if a storm doesn’t hit land as a Category 5, it can do an extensive amount of damage. Here are just a few examples.
There are two main types of homeowners insurance that cover damage done by hurricanes – windstorm and flood insurance. Here’s a quick look at both and how they’ll affect your ability to file a property damage claim after hurricane season.
This is a policy available – for an additional deductible – that will usually cover anywhere from 1-5% of the value of the home. The amount of coverage offered will typically depend on where the home is located. If you have a home right on the coast, the cost of your windstorm insurance will cost much more than if you’re inland. The most common claim will involve roof damage. It could also include a garage, shed, or an exterior portion of a home’s structure.
There are a lot of homeowners who mistakenly assume that their regular policy also covers them against flooding. But this isn’t the case at all. You have to purchase separate coverage for flooding. But it’s worth the expense, considering that as little as an inch of water throughout a home could cause as much as $25,000 in damage.
If you need to file a claim for hurricane-related damage, check your policy and get in touch with your insurer. After you file, the insurance company has two weeks to tell you that they received your claim.
There are a few things you can do to improve the chances your claim will be accepted. First, make a thorough list of everything that has been damaged, including your home as well as your possessions. Taking pictures of all the damage can go a long way toward convincing the insurer that your claim is authentic. Send them to your insurance company and email the photos to yourself, so you make sure you have a record.
Once you notify the insurer, they’ll send out an adjuster, who will report the damage they observed. They’ll also notate whatever work needs to be done to repair it. The adjuster will likely ask you to sign a document known as “proof of loss.” Make sure you look at this very carefully first and make sure each and every damaged item is included.
If the insurer denies your claim, don’t panic. Your first move should be to hire an experienced property damage attorney. Unfortunately, insurance companies will often misinterpret their own policies on purpose in order to deny homeowners their just compensation. These policies are often written in a way that only an attorney understands. They’ll look yours over and be able to tell what types of shady tactics the insurer is trying to use.
An attorney can help you gather the evidence to prove your losses and draft and file your claim as well. If the insurer still refuses to offer a fair settlement, your legal representative can negotiate with them on your behalf. If that still doesn’t work, your lawyer can take the insurer to court if necessary.
Every team member with The Eberst Law Firm is passionate about seeing our clients achieve the justice they deserve. Schedule a free case review by contacting us online or calling 1-888-CALL-JON. We’re eager to help you file a property damage claim after hurricane season.
When a loved one passes much too soon, that’s a tragedy that can seem to be impossible to bear. But when that death occurs due to negligence (called wrongful death), that can be even worse for those who are left behind. Feelings of anger and frustration are common. Family members want justice, and they want it as quickly as possible.
A Florida wrongful death attorney with The Eberst Law Firm can help you find that justice if you’ve lost a member of your family due to someone else’s carelessness. We have a great deal of experience in this area of the law, so we’ll tell you what to expect throughout the duration of your case. We’ll also fight to make sure those responsible for your loss are forced to pay dearly for their negligence.
If you would like to learn more about how we may be of assistance, please give us a call at 1-888-CALL-JON for a free review of your case, or contact us online.
The following is information on the five most common reasons that wrongful deaths occur.
Car wrecks can not only cause permanent, life-altering injuries, but they can also be fatal in far too many instances.
Today’s vehicles are stronger than ever before, with incredibly rugged parts that are designed to keep drivers and their passengers as safe as possible should a crash occur. Steel frames and laminated glass windshields, for instance, can take much greater forces than were once possible.
But even strong materials can fail during an accident. When they do, the results can be tragic. People are really delicate beings when you think about it, made of organs, tissues, and bones that can be destroyed when they encounter glass, metal, and other materials.
Car accident deaths typically occur for one of two reasons – an impact injury or a penetrating injury. Impact injuries occur when a part of the body is either struck by a moving object, such as a piece of flying metal, or hits a stationary object, such as a steering wheel. Penetrating injuries occur when the body is hit by something sharp, such as a large piece of glass.
Internal injuries are among the most common causes of death in a car accident. In many instances, the victim will not even be immediately aware they’ve been seriously hurt. They may not go to the hospital immediately, and they could have significant internal bleeding. If this problem isn’t addressed as soon as possible, the results will often be fatal.
Pedestrians and motorcyclists are incredibly vulnerable to being struck by a car, of course. When a pedestrian is hit, their bones can be so severely broken that they puncture nearby organs, leading to death in many instances.
Motorcyclists are just about as vulnerable, even if they’re wearing a helmet and other safety gear. They face risks that the drivers and occupants of passenger cars simply don’t. Tens of thousands of riders are hit every year, and thousands of them don’t survive their injuries. The specific risks that affect motorcyclists include the following:
There’s nothing that makes our team of attorneys angrier than to hear stories of nursing home abuse. Unfortunately, it happens on a regular basis. In some instances, the abuse can be so severe that it turns deadly.
Since the body of the typical senior citizen is much more fragile, the chances of a fatal injury are much higher. Nursing home staff members will sometimes strike a resident with so much force that the victim can’t survive. They will also withhold food in some instances or forget to feed a resident altogether.
In other cases, negligence can lead to a potentially fatal slip and fall or a failure to provide much-needed medication.
But frail senior citizens aren’t the only ones at risk of dying when slipping and falling. A strong, healthy person can lose their life in an instant when their feet suddenly come out from under them.
One of the most common injuries resulting from a slip and fall accident is a traumatic brain injury (TBI). When the head strikes a floor or some other type of hard surface, that causes the brain to slam into the skull. A TBI can result in tissue and nerve damage that’s so severe the victim will eventually succumb to the injury.
But even when victims are able to survive, they will often be left helpless, unable to care for themselves. If someone is fortunate enough to “only” suffer a mild or moderate TBI, they can still suffer severe consequences. They may not be able to remember things, or they might not be able to express themselves the way they want.
Medical professionals are obviously supposed to help their patients, not cause their deaths. But this, unfortunately, is sometimes the case. Anesthesiologists, for instance, can make potentially fatal mistakes.
When patients undergo anesthesia, they will sometimes receive the wrong dosage or even the wrong type of medication. When the dosage is too high, for instance, their blood pressure can spike to dangerous heights. They can also suffer potentially deadly cardiac damage.
An attorney with The Eberst Law Firm will be ready to provide the expert legal representation it will take for you to have the best chance of achieving the justice you seek. Schedule a free case evaluation by calling 1-888-CALL-JON or using our online form.
Truck drivers are known to struggle with a number of issues that accompany their difficult lifestyle. The trucking life is not for everybody and it definitely shows. Semi-truck drivers are much more likely to suffer from serious health issues such as obesity, diabetes, alcoholism, and addiction to drugs. These health issues, especially addiction to drugs, make semi-truck accidents significantly more likely to occur. Truck drivers turn to substance abuse for a number of reasons related to the trucking lifestyle, and they all hurt both truck drivers and the people they share the road with.
Truck drivers must operate their vehicles for exceptionally long amounts of time in which they are seated and staring at the same road view stretching on continuously. This has a way of wearing a person down and leading them to seek respite in a number of different vices. Some of the drugs that semi-truck drivers turn to as a result of their job’s conditions include:
The most common drug that is used amongst truckers is Cannabis, more commonly known as marijuana or weed. The usage of cannabis amongst semi-truck drivers has become even more prevalent since many states have now legalized its recreational use. Semi-truck drivers that go across state lines will partake much more often when they run across a legal cannabis state.
The drug is also very commonly used thanks to the variety of forms it can take. Cannabis can be used as an oil or edible or smoked or inhaled with vapor. Drivers typically use it for its psychoactive effects and the high commonly associated with it though it has been shown that excessive use of cannabis can impair driving skills, especially when driving a demanding vehicle such as a semi-truck.
Truckers will sometimes turn to amphetamines in order to keep aware and stimulated when driving long hours. Amphetamines are commonly also known as uppers or speed and give users an increase in vigor and awareness that truckers seek to avoid falling asleep at the wheel. Amphetamines have been shown to have severe effects on a person’s health and can lead truckers to put themselves in dangerous driving situations.
While it is a stimulant like amphetamines, cocaine is still different. Cocaine is known to be exceptionally addictive and causes serious heart issues especially among drivers that are unable to exercise regularly. Like other stimulants, cocaine causes a user to have heightened awareness and increased energy that amps them up.
A study of truckers showed that 30% admitted to using amphetamines. Even more truckers have been found to regularly use cannabis while behind the wheel. Drug use can distract a driver from the task of driving and increase accident chance. The health effects of drug use can sometimes lead to a health emergency while behind the wheel. Behaviors where truckers rely on stimulants to help combat drowsiness run the risk of a driver figuratively crashing after too much use and then literally crashing as a result.
The best thing you can do when you are severely injured in a semi-truck accident is to seek a lawyer experienced in semi-truck accident injury claims. You technically can pursue a claim on your own but the odds of successfully navigating the many pitfalls of insurance tricks and the legal process are greatly diminished. Insurance companies have everything they need to successfully deny a claim as that is their goal, since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, truck accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved ones are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a truck 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. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
If you’ve suffered an injury in a motorcycle accident caused by a careless motorist or someone else, you’re probably weighing your legal options. During your research, you’ve no doubt come across the legal term “damages”. Here’s information on what damages are in a Florida motorcycle accident. And how the different types of damages may have an impact on your case.
The Eberst Law Firm has a team of attorneys who have helped motorcycle accident injury victims for years. We know all about the complexities that can be a part of these kinds of cases. And we know how to navigate them. Our team will keep you fully informed throughout the entire process. And we’ll work hard to help you obtain maximum compensation.
You can give us a call at 1-888-CALL-JON to schedule a free review of your case, or you can contact us online.
Anytime someone is harmed in a personal injury accident, such as a Florida motorcycle accident, they’re going to experience losses, known as “damages” in legal terms. Florida law allows injury victims to recover damages from their motorcycle accident through a personal injury claim. The harm a motorcycle accident causes is not just physical. A Florida motorcycle accident can also create damages related to emotional harm and property damage.
There are three main kinds of damages that could potentially be recovered in your case. They are economic, non-economic and punitive. Here’s a closer look at each of them.
Economic damages are tangible. That is, they have a monetary amount assigned to them. You can, for example, get a printout of your medical bills and hold it in your hand. You can get pay stubs showing how much money you’re losing every week because you’re not getting paid due to missing work. All an attorney has to do will be to add up all of those costs, document them, and demand that money from the at-fault party’s insurance company.
Examples of medical economic damages include:
But you don’t just deserve compensation for your current medical costs. You may also need ongoing care before you can physically recover fully from the injuries you’ve suffered. A skilled attorney will also take those into consideration when demanding compensation.
The same principle applies to your economic damages for lost wages. Your attorney will not only demand the money you’ve lost so far. They’ll also advocate for you to be compensated for any money you may lose in the future. Your injuries might be so severe that you miss out on bonuses or promotions, in addition to your income. All of these monetary damages will be factored into your Florida motorcycle accident claim.
These are more subjective losses, ones that aren’t easy to assign a dollar value. This is why you need the help of a skilled legal representative, one who will know how to do just that.
One example of non-economic damages is pain and suffering. You’re going through a lot of discomfort, and you might not be able to do the things you loved to do before you were hurt. You’re also having to deal with an incredible amount of stress. Pain and suffering damages can help you obtain compensation for all of the hardship you’re experiencing.
Non-economic damages also apply to your career. You might have to take a lower-paying job because you’re no longer able to do what you once did. Loss of earning capacity is another form of damages that could provide you with additional compensation.
If you’ve been disfigured or permanently disabled, you’re very likely suffering severe emotional and mental trauma. You could possibly receive compensation for that trauma.
When a personal injury case goes to trial, a jury will sometimes award punitive damages, which can be substantially higher than economic or non-economic damages. These are awarded when someone commits an act of gross negligence – something so careless and reckless that they should be punished. The goal is to punish them so severely that they’ll never do anything like that again. Punitive damages are also meant to discourage others from committing a similar type of negligence.
It’s important to note, however, that punitive damages are very rare. Also, the state of Florida places a cap of $500,000 on punitive damages. Injury victims can either be awarded that amount, or three times the amount of the combined total of their economic and non-economic damages combined – whichever amount is larger.
No attorney worth your consideration will ever flat-out promise that you’ll win a certain amount of money before they have all the facts. But once your legal representative has those facts, they’ll be able to give you a pretty good idea of what they’ll try to obtain on your behalf.
In general, the worse a victim’s injury, the more money they’ll be likely to receive. For example, someone with a severe TBI (traumatic brain injury) will probably get more compensation than someone who has a more short-term injury, such as a broken leg.
That’s one of the reasons why it will be so critical that you hire an attorney as soon as you can. They’ll launch an investigation into the accident, determining why it happened and who’s to blame. They’ll also take a close look at your medical records to get an idea of how much money it will cost to treat you now and in the future if necessary. Your legal representative will also look at other damages, such as your pain and suffering, lost wages and others.
Once all that is done, they will then demand full and fair compensation.
There is no way you’ll be able to handle all of the complexities that can arise from a motorcycle accident lawsuit. You’ll have to deal with a mountain of paperwork, and you’ll be going up against seasoned insurance professionals, as well as their own lawyers. They know every trick in the book, and they’ll use all of them in an effort to destroy your case.
If you have an attorney by your side, however, that won’t happen. The Eberst Law Firm will know exactly how to provide you with the most effective representation possible to give you the best chance of getting what you deserve.
Schedule a free consultation by contacting us online or calling 1-888-CALL-JON.
Tractor Trailer Accidents occur on a regular basis, and owing the size of the vehicles involved, often cause very serious injuries or death. In addition to devastating physical injuries, those involved in truck accidents also have to contend with severe emotional and financial stress as a result of the collision. In most cases, accident victims will need an experienced attorney to handle their lawsuit. Our Tractor Trailer Accident lawyers at the Eberts Law Firm can help you get the compensation you deserve, as well as keeping the careless actions of a negligent truck driver go unpunished.
Some truck accidents are simply accidents, the results of bad weather or hazardous road conditions unknown to the drivers of the vehicles involved. However, if you believe the accident was caused by a negligent truck driver, you are entitled to seek compensation for damages and hold them liable. Examples of truck driver negligence include:
Other ways the trucking company can be held liable for tractor trailer accidents don’t even involve the drivers themselves. If the trucks themselves have defects that cause them to not operate correctly, if they haven’t been properly maintained, or if their cargo was not packed or secured properly, this can also result in accidents.
During the accident investigation process, an attorney will review police and accident reports, interview witnesses and investigate the accident scene, examine driver credentials, and determine if traffic laws were obeyed. Companies that use tractor trailers are required to follow strict guidelines regarding driving hours and vehicle maintenance, and may try to falsify records to protect themselves. Proving negligence in a truck accident can be more complicated than a regular car accident, owing to the multiple parties involved including the trucking company, the truck driver, the manufacturer of the truck itself, and you. The steps you should take are:
Semi-trucks are often considered to be the most difficult vehicles to master driving. The immense weight and size of a semi-truck is a major contributor towards this immense driving difficulty. Semi-truck trailers are typically several car lengths long and can weigh up to 80,000 pounds. This immense weight and size is also a mojor contributor towards accidents like jackknife accidents.
A jackknife accident is when the trailer of a semi-truck wraps around the side of the truck in a motion similar to a jackknife closing. This is caused by reckless braking or turning that causes the momentum of a heavy trailer to move forward past the truck cab that is moving slower.
A rollover accident is similar to a jackknife accident in terms of the trailer losing control and causing disaster. The trailer of a semi-truck can actually tip fairly easily and drivers need to take care to turn wide and with consideration to the force enacted on the trailer or it can tip and roll over crushing anything in its path like other vehicles.
A semi-truck actually requires over twice as big a buffer zone between it and the vehicle in front of it to have enough space to brake safely. The weight of a truck and trailer makes the momentum much stronger so when brakes are applied, the truck can still move forward for a fair distance. If the brakes malfunction or if there is not enough space to brake then the truck can slam into the vehicle in fornt of it causing a rear-end accident.
We will answer any questions you may have, explain your legal rights, and help you through every step of this difficult process. We are committed to each client and helping them receive the compensation they deserve.
If you have been injured in a tractor trailer accident, contact The Eberst Law Firm online or call our Gainesville office at 772-225-4900 to discuss your case in a free consultation with one of our experienced Gainesville truck accident attorneys.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at The Eberst Law Firm who have extensive experience trying legal cases outside and inside courtrooms throughout Florida. This article was also extensively researched to ensure that all information is accurate and up to date. If you want to know more about the author of this page, view our our attorney bios here.
Semi-truck accidents have the potential to cause unprecedented levels of damage on the road to drivers simply trying to make their commute. One of the most terrifying things about semi-truck accidents is how easily they can happen. All it takes is a single mistake for a semi-truck to start an accident that can severely injure and possibly kill several people. These semi-truck accidents happen with terrifying speed and intensity after the first domino falls. There are some mistakes and issues that lead to a semi-truck accident occurring more than others.
Those that have been involved in a semi-truck accident will have likely suffered some significant injuries. It is not unusual for victims of a semi-truck accident to survive the ordeal only to have to contend with a newfound disability, immense mental trauma, as well as being placed in dire financial trouble because of massive medical expenses, and lost wages.
Luckily semi-truck accident victims can recover compensation for their injuries when they file a semi-truck accident injury claim against a negligent party that is liable for their actions. These semi-truck accident claims can often be complex affairs where no two are ever the same. Your case will have a number of unique factors that will require expert legal advice and investigation in order to ensure that you get the compensation that you deserve. Consider enlisting the assistance of an experienced law firm such as Eberst Law. Our lawyers have a long track record of successful truck accident cases that have recovered compensation for accident victims just like you. Contact Eberst Law either through our online contact form or call at 772-225-4900.
Driver distraction is one of the most common causes of motor vehicle accidents in general. Motorcycles, regular cars, and other commercial vehicles are all regularly involved in deadly accidents daily because a driver of any one of these kinds of vehicles, took their eyes off the road to do something else. Semi-truck driver distraction can be especially dangerous considering the size and weight of the vehicles they handle.
Driver distraction is any behavior that draws a driver’s attention away from the task of driving and these behaviors are often much more varied than many people anticipate. Drivers can be distracted mentally by thinking of other things than the driving they should be focused on, they can be physically distracted by taking their hands off the wheel to perform a task, or they can distract in a perceptive capacity when they take their eyes off of the road. Among all the forms of driver distraction, the most common is smartphone use either for texting, calling, or social media.
Truck drivers have to contend with a great deal of stress and mental strain while on the job which leads many truck drivers to turn to vices such as alcohol and substance abuse to take the edge off. Naturally, being under the influence of these substances while driving an 80,000-pound semi-truck will significantly increase the chance of an accident occurring.
Driving a semi-truck is often grueling work where drivers can end up behind the wheel for up to 11 hours that can leave them fatigued. There are regulations in place to ensure that semi-truck drivers only drive a certain period of time before they must take a mandatory break but some truck drivers under deadline pressure disregard the rules and put people in danger. Drowsy driving can often be just as dangerous as driving under the influence.
Semi-trucks are surprisingly complicated vehicles requiring deft control and fast reflexes to ensure that operation runs smoothly. Semi-truck drivers all have to receive proper schooling in order to ensure that they can safely drive their vehicles. However, some trucking companies may expedite the training process in order to put out more drivers so that demand can be met. As a result, less qualified drivers that can make dangerous mistakes are put out on the road behind the wheels of semi-trucks.
Semi-trucks require regular maintenance to ensure that a catastrophic equipment malfunction does not occur. When semi-trucks go too long without receiving the proper maintenance, the chance of an accident occurring increases. Since semi-truck braking and steering is much more complex, a malfunction in any of these areas can cause a driver to easily lose control and collide with another vehicle.
The best thing you can do when you are severely injured in a semi-truck accident is to seek a lawyer experienced in semi-truck accident injury claims. You technically could pursue a claim on your own but the odds of you successfully navigating the many pitfalls of insurance tricks and the legal process is greatly diminished. Insurance companies have everything they need to successfully deny a claim; as that is their goal since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, truck accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved one are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a truck 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. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Gainesville, Florida Office
Between speaking with friends and family and watching the news, most of us know or have heard of people whose businesses have been negatively impacted by the coronavirus, but what may be less apparent are the steps that these business owners will take next in order to stay afloat and ultimately save their businesses as the devastating coronavirus virus sweeps our nation. From Florida’s northern cities of Daytona Beach with the International Speedway, to its popular mid-state attractions like Disney World and Universal Studios, all the way down to the bustling South Beach Miami and the gorgeous crystal waters of the Keys, Florida is one of the most sought out travel destinations in the world, and a large group of its inhabitants make their living by offering travel-dependent services such as restaurants, hotels, entertainment venues, and the like. However, authoritative orders to “stay at home” have caused business operations to come to a halt for many of these entities, leaving some of these business owners perplexed as they review their insurance policies for information regarding what, if any, recourse they have for compensation for this unexpected lost business.
The attorneys at the Eberst Law Firm scour insurance policies on a daily basis, and if you, a loved one, or a friend have suffered a business loss due to the coronavirus and are seeking reimbursement for this loss, we would be honored to take the time to review your policy in full to see if you could qualify for compensation from your insurance company. Don’t look at it as a handout from your insurance company, rather, look at it as coverage that you pay for with your insurance premiums and are therefore entitled to; after all, a large reason for having commercial business insurance is to protect you against the unknown.
Business publication “Florida Trend” recently published an article which explains that business interruptions coverage from commercial insurance policies could potentially come into play for business owners who experience a loss due to the coronavirus. If this type of coverage were applicable, then an individual’s insurance policy will reimburse its policyholders for the below types of losses:
Similarly, Risk & Insurance Magazine is a publication that offers a deeper insight into the types of business losses that occur and lead to lost income for businesses and are typically covered by first party property insurance policies:
Of importance, is that this Risk & Insurance Magazine article explains that a business must sustain “property damage” for there to be coverage for lost profits under a first party property insurance policy.
The key question regarding this matter is: does the mere existence of the coronavirus (without proving that it even 100% exists at a business site) constitute “property damage” enough so that the affected businesses can receive a payout from its insurance carrier? There have been comparable cases in the past where the court ruled in favor of the businesses who sustained a loss due to the presence of harmful substances on a property, which caused the first party property coverage to come into play.
In one instance, an insured church had to quickly sell some of its inventory at a loss, as gasoline had leaked into the basement and the building was on the verge of collapsing; with this case, the mere threat of destruction caused by the buildup of gasoline around the building led to the insurance company ruling that this scenario constituted a direct physical loss. In another case, the US Court of Appeals ruled that the existence of E.coli bacteria in the well of a house (which leads to respiratory, viral and skin conditions), constitutes as physical loss/damage to a building, the main idea being that the property was made useless/uninhabitable (even though the building was still physically intact). In the case of “Gregory Packing, Inc. v. Travelers Property Cas. Co. of America”, the court ruled that covered property damage had occurred because ammonia was unintentionally released into a building, which left the building unusable; the court stated that the ammonia discharge constituted a direct physical loss of/damage to the building because the release caused the facility to be unsuitable for occupancy until the ammonia had cleared. These case examples are all explained further on Law360’s article, “Applying Commercial Property Insurance to COVID-19 Losses”.
Although we are in mostly uncharted territory with the coronavirus, we at The Eberst Law Firm believe that a powerful argument can be made that property damage has been sustained by businesses due to the presence of the coronavirus. This past case law for similar cases will be vital in both understanding and supporting these new claims. At our firm, we will relentlessly research past case law so that we can bolster your claim with your insurance company for business loss due to the coronavirus. Likewise, we will also analyze your unique case and make suitable, and if necessary new, demands that we feel your insurance company should fulfill, given the unprecedented nature of the coronavirus’ impact on businesses. We aren’t afraid to fight for you by setting the framework for new case law if need be.
If your insurance company has a specific exclusion for business loss due to viruses and bacteria, DON’T lose hope. Legislation lately is particularly in flux due to the unexpected coronavirus, and new laws are being considered throughout America almost every day. In the heavily hit Northeast, a new Massachusetts bill is being considered by legislators which would cause insurers, regardless of an “Exclusion for Loss Due to Virus or Bacteria”, to cover losses for many businesses who have been negatively affected due to the coronavirus. The bill has been formulated due largely to pressure from Massachusetts restaurants who have been ordered to stay closed to dine-in orders until May 4, which could severely and potentially irreparably affect these restaurants. We believe that this newly proposed legislation could also be seen in other states, especially here in Florida. At our firm we will be keeping a close eye on newly passed legislation so that we can best serve our clients.
Call us today at The Eberst Law Firm at 772-225-4900 or through our website form, and leave the headache of evaluating your overwhelming insurance policy to us as it is our specialty to review these documents with a well-trained eye. We know exactly what to look for, and we will use what we find to help you to the best of our ability. We operate on contingency basis, which means that we only take a fee if we recover a settlement for you; if we are unable to recover for you, you won’t owe us anything. Please call us as soon as possible so that we can begin helping you today.
https://www.floridatrend.com/article/28942/does-my-business-insurance-cover-the-coronavirus
https://riskandinsurance.com/business-interruption-coronavirus/
https://www.law360.com/articles/1252792/applying-commercial-property-insurance-to-covid-19-losses
Photo by Allie Smith
Any kind of car accident that takes a life is tragic. When the at-fault driver is the one who dies, any other motorists who were severely injured may be hesitant to take legal action. Unfortunately, the hard truth is that those who were badly hurt will still face extremely high medical bills. And they will also suffer other types of monetary losses. They’ll still have to take action to recover those losses.
At The Eberst Law Firm, we completely understand how difficult it can be for accident victims to file lawsuits when the motorist responsible for the collision dies. But we also realize how important it will be for those victims to make sure their rights are protected. If you’ve suffered a severe injury in a car wreck that was not your fault, we will help you do just that, while maintaining complete respect for the deceased.
If you would like to learn more about how we may be able to help, please contact us online. Or give us a call at 1-888-CALL-JON to schedule a free consultation.
In a car accident case, any claims for compensation will come down to whether or not someone committed negligence that caused the collision to occur. In most instances, the death of a negligent party is typically not relevant to the claim’s validity. That might seem cold. But that’s the way the process works.
The death of the negligent driver will probably not have much of an effect on your personal injury claim. Whether or not that driver’s insurance company agrees to pay a fair settlement. If the insurer refuses to do so, you will likely have to file a lawsuit against the insurer in order to obtain the compensation you deserve.
Florida law mandates that the severity of a motorist’s injuries will determine whether or not they can take legal action against an at-fault driver’s insurance company. Those injuries must meet a certain threshold in order for the victim to be able to file a lawsuit. They must lead to permanent and significant scarring or disfigurement. Or permanent and significant bodily function damage. This can include loss of vision, hearing, or movement.
If you’re not sure whether or not your injury meets this threshold, please get in touch with an experienced attorney as soon as you can.
If you are severely injured, and the deceased at-fault driver’s insurance carrier refuses to offer fair compensation, you’ll only have one course of action. To file a personal injury lawsuit against that carrier. In order to have the best chance of achieving a positive outcome, you’re going to need hard evidence that you weren’t to blame for the accident.
These are just a few of the types of evidence that could help prove your case.
The answer to that question depends on what type of coverage the deceased had. All drivers are required by law to at least carry liability insurance. However, there are still many motorists who fail to do so. That’s why it’s so important that drivers who are responsible enough to carry insurance also carry uninsured/underinsured motorist coverage.
If the deceased did have proper coverage, then it should be able to pay for the damages, or economic losses, you’ve incurred. These include the medical bills and lost wages referred to earlier. There are times where an insurance company adjuster will try to employ some questionable tactics to either deny or substantially reduce the amount of money you ultimately receive.
On the other hand, if the at-fault driver who passed away either didn’t have coverage, or their policy isn’t sufficient enough to pay for your damages, then you might have to file a claim against that person’s estate. This may involve matters of probate, which can quickly become rather complicated.
In either of the above two scenarios, you’re going to need the help of an experienced attorney. If you don’t have legal representation, there’s a very high likelihood that you won’t be able to get the money you deserve. That could lead to years of financial misery.
Again, it’s understandable that you might not want to file a lawsuit in order to obtain equitable compensation for your injuries. You may feel that you’ll be suing the deceased’s family members, adding even more stress to an already horrible situation. But you won’t have to do that. You’ll be taking action against an insurance company, not the family.
Your right to compensation must be pursued. Otherwise, you’ll be responsible for all of the expenses associated with your accident. Even though all of this happened through no fault of your own.
It’s possible that you won’t have to file a lawsuit at all. If you have a skilled attorney working on your behalf, they could convince the insurance company that it should offer you a fair settlement. One that can help you put this terrible situation behind you so you can get on with your life. Attorneys can often make a very strong case on your behalf, backed with undeniable evidence. As a result, your case will probably never have to see the inside of a courtroom.
You obviously have compassion for those affected by the loss of their loved one. But if you’ve suffered a severe injury due to the negligence of a motorist who did not survive the accident, you’ll have to protect your best interests – as well as those of your own family.
The Eberst Law Firm has a team of car accident attorneys who are ready to help. Please contact us online or call 1-888-CALL-JON for a free case review to learn more.