CALL NOW:
-
FOR A FREE
CONSULTATION -
CURRENT WAIT:
10 SECONDS
Menu
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.
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
Experiencing a car accident can have profound and lasting effects on individuals, both physically and mentally.
The duration of car accident trauma varies greatly depending on the severity of the accident, the types of injuries sustained, and individual differences in coping mechanisms and resilience.
The personal injury attorneys with The Eberst Law Firm would like to share some information on some common forms of car accident trauma and how long they last.
We encourage you to take a moment to learn how a skilled lawyer can help if you’ve suffered harm due to another’s negligence. Please call 772-225-5566 or contact us online for a free consultation.
More than 250,000 people suffered significant injuries in Florida car wrecks in 2023. Car accidents can result in a wide range of physical injuries, varying from cuts and bruises to severe and life-altering trauma.
Understanding the types of physical injuries commonly sustained in car accidents and their typical recovery times can provide insight into the challenges faced by victims as they navigate the healing process.
Whiplash is a common form of car accident trauma, often resulting from rear-end collisions. When one car strikes another from behind, the heads and necks of those in the car being hit violently jerk back and forth.
This movement can severely strain or sprain the neck muscles and ligaments.
Recovery from whiplash typically takes a few weeks to several months, depending on the injury’s severity and the victim’s response to treatment. Medical professionals often prescribe physical therapy, pain management techniques, and rest to aid in recovery.
Car accident trauma can include fractures or breaks in bones throughout the body, including the arms, legs, ribs, and spine.
The recovery time for fractures varies depending on the location and severity of the break. Simple fractures may heal within a few weeks with proper immobilization and rest.
More complex fractures may require surgery and months of rehabilitation to regain strength and mobility.
TBIs occur when the head sustains a sudden impact or jolt, leading to brain tissue damage. The main factor determining recovery time from a TBI is the extent of damage to the brain.
Mild TBIs, such as concussions, may resolve within a few weeks with rest and monitoring, while moderate to severe TBIs may require months or even years of rehabilitation and therapy to regain cognitive and physical function.
Car accidents can also result in spinal cord injuries, ranging from minor nerve damage to severe paralysis. Recovery from spinal cord injuries depends on the location and severity of the nerve damage.
While some individuals may experience partial or complete recovery with intensive rehabilitation, others may face long-term disability and require ongoing medical care and support.
After an auto accident, it is common for occupants to sustain soft tissue injuries. Examples include strains, sprains, and contusions caused by the forceful impact of the collision.
Soft tissue injury recovery typically involves rest, ice, compression, elevation (RICE), and physical therapy to restore strength and flexibility.
While minor soft tissue injuries may heal within a few weeks, more severe injuries may require months of rehabilitation.
Car accident trauma isn’t just physical – it can also cause significant emotional trauma. The following is a look at the common types of emotional trauma and their typical recovery times.
This knowledge can help victims recognize and address their mental health needs following a car accident.
PTSD is a common psychological response to experiencing or witnessing a traumatic event, such as a car accident.
Symptoms of PTSD may include intrusive memories or flashbacks of the accident, avoidance of reminders or situations related to the event, negative changes in mood or thoughts, and heightened arousal or reactivity.
While some people with PTSD may experience significant improvement with therapy and support within a few months.
In other cases, car accident survivors grapple with permanent and life-altering mental injuries, aided by ongoing treatment and coping strategies to manage their symptoms effectively.
Car accidents can trigger or exacerbate anxiety disorders such as generalized anxiety disorder (GAD), panic disorder, and specific phobias related to driving or being in a car.
Symptoms of anxiety disorders may include excessive worry or fear, panic attacks, physical symptoms such as racing heart or sweating, and avoidance of situations perceived as threatening.
In some cases, victims may experience significant relief with therapy and medication within a few months. Others may require long-term management and support.
Survivor’s guilt is a common emotional response for individuals who survive a car accident while others involved do not. Feelings of guilt, shame, or self-blame may occur, along with intrusive thoughts or images of the accident and its aftermath.
Recovery from survivor’s guilt can vary depending on individual factors such as the perceived level of responsibility for the accident and access to support and therapy.
Unfortunately, some victims may need ongoing therapeutic guidance and coping strategies to eliminate feelings of guilt and self-blame.
At Eberst Law, we understand that you likely bear physical and emotional scars following a serious car accident. Even if your body heals, it may never be the same.
Our team of personal injury attorneys specializes in helping injured survivors receive financial acknowledgment for their car accident trauma.
We know what is on the line for you, and we will tirelessly pursue compensation for your damages. An attorney with The Eberst Law Firm can help you obtain fair compensation for your physical and emotional car accident trauma.
As accomplished personal injury lawyers, we have the knowledge, skills, and resources to fight for clients’ rights. You can use our online form or call 772-225-5566 for a free case review.
Recovery times vary widely depending on the type and severity of injuries sustained. For example, whiplash may take a few weeks to several months.
On the other hand, recovery from more severe injuries like traumatic brain injuries or spinal cord injuries can take months or even years. Some individuals with catastrophic injuries never fully recover.
Long-term effects may include chronic pain, mobility issues, cognitive impairment, and psychological conditions such as PTSD, anxiety, and depression.
Social support can provide emotional and practical assistance. For example, having a friend to offer encouragement during physical therapy or drive you to an appointment can be a huge help.
Professional support from therapists, counselors, and support groups can offer coping strategies and guidance for navigating the challenges of recovery.
Summary
Learning how to find a car accident lawyer isn’t very difficult. Unfortunately, too many people fail to invest the time needed to make the best choice for their specific case. As a result, they don’t obtain the compensation they deserve.
The following is some information on how to find a car accident lawyer who will give you your best chance at achieving a positive result in your case.
The auto accident attorneys with The Eberst Law Firm are ready to help you get the justice you seek. Contact us online or call 772-225-5566 for a free consultation.
After a Florida car accident, it can feel like everything is falling apart at the same time. Your vehicle is with the mechanic, you’ve got a physical therapy appointment across town, the other driver’s insurance company called to ask for a statement, and you need to ask your boss for a few days off.
Meanwhile, you still need to go grocery shopping, mow the lawn, schedule an appointment with the vet for your dog, and do a load of laundry, all while trying to cope with painful car accident injuries.
Whether you need a new bumper and compensation for your sprained wrist, or you are facing a long road to recovery from a Spinal Cord Injury, when you are left to pay the price for a reckless driver’s actions, it’s time to figure out how to find a car accident lawyer.
There were 393,566 car wrecks in Florida in 2023. Considering the number of accidents in our state, it’s not hard to believe Florida has more than 17,000 personal injury attorneys.
While narrowing down your choices might seem daunting, if you keep the following tips in mind, you’ll likely find it much easier to decide.
While there isn’t one right way to find an auto accident attorney, there are several methods you can employ to locate one with the characteristics you are interested in.
One of the essential things to remember when determining how to find a car accident lawyer is to research attorneys in your area.
You can use online resources such as legal directories, law firm websites, and websites with reviews of attorneys to gather information. Look for lawyers with significant experience handling car accident cases.
Some of the best advice for choosing a personal injury lawyer is to take a look at what previous clients have to say about their experience. Reading reviews and testimonials from past clients can provide valuable insight into the quality of service an attorney provides.
Look for reviews that specifically mention car accident cases and pay attention to any patterns or recurring themes.
Verify the credentials and experience of your potential lawyers before making a decision. Look for attorneys with a track record of success in handling car accident cases.
Consider factors such as years of experience, trial experience, and past case results.
Once you’ve narrowed your list of potential lawyers, schedule consultations to meet with each one in person. During the consultation, discuss the details of your case and ask the lawyer questions to assess their knowledge, expertise, and approach to handling car accident claims.
Please consider the lawyer’s communication style and how well you connect with them during the consultation. It’s essential to work with a lawyer who is responsive, accessible, and who communicates clearly and effectively.
They should be willing to explain common personal injury terms to you, as well as the steps of the personal injury claims process. Building a solid rapport with your lawyer can make the legal process smoother and less stressful.
Look for well-respected lawyers in the legal community with a reputation for integrity, honesty, and professionalism. Avoid attorneys who engage in aggressive or unethical practices.
Choosing the right car accident attorney is crucial for several reasons. Here are just a few of the biggest.
A seasoned car accident lawyer has the legal expertise and knowledge to handle legal system complications and all other aspects of your case.
They understand the relevant laws and regulations governing car accidents and can use this knowledge to build a strong case on your behalf.
You want an attorney who will thoroughly investigate your accident to gather evidence and establish liability. Your lawyer will interview witnesses and gather medical records for you.
They can also request police reports and possibly speak with accident reconstruction and other experts.
Your car accident lawyer should be a skilled negotiator who can effectively advocate for your interests during settlement discussions with insurance companies.
They’ll work to ensure you receive fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.
There are some instances where an insurance company refuses to make a fair settlement offer. If this happens in your personal injury claim, you’ll want an attorney who won’t hesitate to take the insurer to court.
Your Florida auto accident lawyer must have the skill to make a persuasive argument before a judge and jury and fight for the compensation you deserve.
Hiring a car accident lawyer provides peace of mind, knowing your case is in capable hands. You can focus on your recovery while your auto accident lawyer handles all aspects of your legal claim.
This includes everything from paperwork and negotiations to court appearances and trial preparation.
At The Eberst Law Firm, our personal injury attorneys have extensive experience helping clients injured in car accidents. We are locals in the area, and we look out for our neighbors.
Our team is unwaveringly dedicated to achieving great settlement outcomes for our injured clients so they can move forward with their lives after an auto accident.
While we have no problem offering tips on how to find a car accident lawyer, we genuinely believe that if you turn to us, you’ll never regret your choice. You can put us to the test by calling 772-225-5566 or using our online form for a free case review with one of our exceptional car accident attorneys.
If you’ve been hurt in a car accident, please get medical help immediately – even if you don’t feel your injury is serious. Seeing a doctor will help your health as well as your case.
Your medical records can tie your injuries to the accident, preventing an insurance company from arguing that they were a pre-existing condition. Once you’ve received medical attention, hire a car accident attorney as soon as possible.
In a car accident claim, you may recover compensation for various types of damages. Common examples include medical expenses, lost wages, property damage, pain and suffering, and future medical costs.
An experienced car accident lawyer can assess the full extent of your damages and pursue maximum compensation on your behalf.
If the other driver involved in the accident doesn’t have Florida auto insurance, you may still be able to recover compensation through other avenues.
For example, you may be able to file a claim with your insurance company under uninsured/underinsured motorist coverage.
You might also pursue a personal injury lawsuit against the at-fault driver to recover damages directly. A car accident lawyer can help you explore your legal options and navigate the personal injury claims process.
Summary
If you’re new to our state, you might not be familiar with car insurance requirements in Florida. The following is a look at some of the minimum requirements and the benefits of buying an uninsured/underinsured policy.
You’ll also learn how a personal injury attorney can help should you get into a wreck with someone who doesn’t have insurance.
The car accident attorneys of Eberst Law Firm will provide you with skilled representation if you ever need help obtaining the compensation you deserve from an insurance company. You can call 772-225-5566 or contact us online to schedule a free consultation.
The minimum car insurance requirements in Florida, which are mandatory for all owners of registered vehicles, include Personal Injury Protection (PIP) and Property Damage Liability (PDL).
PIP coverage compensates for medical expenses and lost wages incurred by the policyholder and passengers in the event of an accident, regardless of fault.
PDL coverage pays for damages to another person’s property resulting from a car accident the policyholder causes.
Minimum car insurance requirements in Florida are as follows:
These minimum coverage limits are relatively low compared to those in other states. Consequently, drivers may be vulnerable in the event of a severe auto accident with extensive damages and injuries.
Therefore, many insurance experts recommend purchasing additional coverage beyond the minimum requirements to ensure adequate protection.
Uninsured/underinsured (UM/UIM) insurance provides coverage for medical expenses, lost wages, and other damages incurred by the policyholder and passengers.
This coverage applies if they’re involved in an accident caused by a driver who has no insurance or insufficient insurance to cover the full extent of the damages.
Exceeding the car insurance requirements in Florida is particularly crucial, where many drivers may be uninsured or underinsured. You should seriously consider purchasing UM/UIM insurance for several reasons. Here are just a few:
If you’re involved in a car accident with an uninsured or underinsured driver in Florida, you should hire a car accident attorney to help you pursue compensation for your damages. Here are some ways in which a personal injury attorney can assist you:
If the at-fault driver lacks insurance coverage or has insufficient coverage, an auto accident attorney can help explore alternate means of compensation.
This may include pursuing a claim against your own UM/UIM insurance policy or seeking compensation from other liable parties.
For example, you could sue the driver’s company if they were on the road for business. You could also take action against a manufacturer if a defective part caused the accident.
Dealing with insurance companies can be challenging, especially when they refuse to pay out claims or offer inadequate settlements. An experienced attorney can negotiate with the insurance company to ensure you receive fair compensation for your injuries and losses.
If negotiations with the insurance company are unsuccessful, an attorney can file a personal injury lawsuit and litigate your case in court. They’ll gather evidence, depose witnesses, and present your case to a judge and jury to seek maximum compensation for damages.
An experienced personal injury lawyer can provide expert legal advice and guidance throughout the claims process. They will also explain your rights and legal options.
Your Florida car accident attorney will ensure that you understand the potential outcomes of your case. That way, you can make informed decisions about how to proceed.
If you’re having issues after being in a wreck with someone who failed to meet minimum car insurance requirements in Florida, The Eberst Law Firm’s team of skilled attorneys is ready to help.
We’ll also be here for you if you encounter issues with your insurer or the insurer covering the at-fault driver. At The Eberst Law Firm, we know that dealing with car insurance after a serious crash can be a frustrating and inconvenient experience.
Let our accomplished team of Florida car accident attorneys take the lead and negotiate for maximum compensation for your damages. Please don’t hesitate to use our online form or call 772-225-5566 for a free case review.
You can file a personal injury lawsuit against an uninsured driver in Florida to seek compensation for your damages. However, if the driver lacks insurance coverage, they may also lack the financial resources to satisfy a judgment.
In Florida, the legal doctrine of comparative negligence applies. That means the court considers each party’s degree of fault for the accident when determining compensation.
If you’re partially at fault, the court may reduce your compensation proportionally based on your percentage of fault.
If you were more than 50% responsible for the crash, you’re likely ineligible to recover compensation from the other party.
Yes, you can recover damages for pain and suffering in a car accident case in Florida. This form of intangible damages provides compensation for lost quality of life, emotional trauma, and physical pain.
Florida’s statute of limitations for filing a car accident lawsuit is generally two years from the accident date. If your loved one was killed in a Florida auto accident and you are filing a wrongful death lawsuit on behalf of their estate, you have two years to do so.
It’s essential to consult with an auto accident attorney promptly to ensure that you meet all deadlines for filing your claim.
Summary
If you’re wondering, “What does a personal injury lawyer do?” here’s some information to answer the question. An attorney will help you obtain the compensation you deserve if you’ve suffered an injury due to another’s carelessness. But they’ll do much more than that, as you’ll see in this article.
The Eberst Law Firm is ready to help you get justice from those responsible for your suffering. We value our clients and we are invested in helping you recover fair compensation for your damages. Our accomplished legal team can offer you individualized attention and access to our resources. You can use our online contact form to schedule a free case review, or you can call 772-225-5566.
More than 130,000 people suffered unintentional injuries in Florida accidents in 2022. It’s not a stretch to say a good portion of them filed personal injury lawsuits against those who caused those accidents. The people filing those claims needed proof to show they deserved the money they demanded. Personal injury attorneys work to get that proof.
So, what does a personal injury lawyer do to gather evidence? They perform exhaustive investigations to determine how accidents occur. Personal injury attorneys go to the accident scene, interview witnesses, obtain police reports, and more. They may also consult with accident reconstruction experts or other professionals to analyze the details of the accident and determine liability.
Once they’ve gathered sufficient evidence of negligence, personal injury lawyers assess the strength of their clients’ cases and advise them on their legal options. They provide guidance on the likelihood of success in pursuing a claim and help clients understand their rights under the law. These are just a few reasons to hire an attorney after sustaining a catastrophic injury.
In cases where liability is clear, and damages are significant, personal injury attorneys may proceed with filing a claim against the at-fault party or parties. Then, they prepare and submit legal documents, such as complaints or petitions, to initiate the legal process and formally assert their clients’ claims for compensation.
After filing a claim, personal injury lawyers negotiate with insurers to secure fair settlement offers. Insurance adjusters may offer settlements to resolve the claim without going to court. However, these initial offers often fail to compensate injured parties for their losses adequately.
A personal injury attorney will work to convince the insurer to compensate an injury victim equitably. This is especially important in cases involving catastrophic injuries, where the victim will likely be dealing with the fallout of their accident for years to come. The personal injury lawyer will have to present the evidence to prove the victim’s damages, or financial losses. Examples of damages include:
The best personal injury lawyers keep their clients informed throughout the negotiation process and advise them on whether to accept or reject settlement offers. They provide honest assessments of the strengths and weaknesses of the case. This empowers their clients to make informed decisions about their legal options.
What does a personal injury lawyer do if the insurance company refuses to settle? They take the insurer to trial. However, there’s a very slim chance you’ll have to step foot in a courtroom since 95% of cases settle without going to trial. But your attorney will be prepared nonetheless.
When a case goes to court, attorneys present evidence, question witnesses, and argue legal points before judges and juries. They advocate zealously for their clients’ interests and work tirelessly to secure favorable outcomes in court.
Attorneys handle all aspects of the litigation process, including pretrial motions, discovery, and settlement negotiations. They navigate complex procedural rules and legal standards, always protecting their clients’ rights.
In addition to investigating accidents, negotiating with insurance companies, and representing clients in court, personal injury lawyers perform a variety of other important tasks to support their clients’ claims. These include the following:
We hope we’ve helped answer the question, “What does a personal injury lawyer do?” If you have questions for a personal injury lawyer, our team is available to discuss your case in greater detail. To find out more about how The Eberst Law Firm can help you get the money you deserve, please schedule a free consultation by contacting us online or calling 772-225-5566.
Yes. Many personal injury lawyers work on a contingency fee basis. They can only collect a fee if they win their client’s case. This fee is typically a percentage of the total amount recovered. Clients don’t have to pay any upfront costs or fees.
There are a lot of factors that go into answering those questions. If the case is complex, or the insurance company refuses to make a fair settlement offer, the case could stretch for months or even years. If the facts are straightforward and the insurer knows they can’t win, they may offer an equitable settlement in just a few weeks.
Florida follows a legal principle known as comparative fault. If the court finds you’re partly to blame for an accident, it will reduce your compensation by the percentage of fault it assigns.
Summary
A catastrophic injury has long-term, life-altering consequences for the victim. These injuries often result in significant physical, emotional, and financial hardships. Victims can seek compensation by filing a lawsuit against the party or parties responsible for their suffering.
The Eberst Law Firm is ready to help if you’re in this terrible situation. We have years of experience obtaining compensation for our clients, and we’ll do all we can to do the same for you. Please call 772-225-5566 or contact us online for a free consultation. We have offices in Daytona Beach, Stuart, and Gainesville, Florida.
The following are some examples of a catastrophic injury and information on how a skilled personal injury lawyer can help victims obtain justice.
This is one of the most prevalent and devastating forms of catastrophic injury that we see as personal injury lawyers. A TBI occurs when a sudden impact or forceful blow to the head disrupts the brain’s normal functioning. The severity of a TBI can vary widely. Symptoms may range from mild to severe, depending on the extent of the brain damage.
A severe TBI can have profound and lasting effects on a person’s life. These injuries may result in significant cognitive impairments, including memory loss, difficulty speaking or understanding language, and impaired reasoning and judgment.
Victims of severe Traumatic Brain Injuries may also experience changes in mood and behavior, such as depression, anxiety, or aggression. In the most devastating cases, TBI can lead to coma, vegetative state, or death, shattering the lives of both the victim and their loved ones.
SCIs represent another category of catastrophic injury with often irreversible consequences. These injuries occur when the spinal cord is damaged, disrupting the transmission of nerve signals between the brain and the rest of the body.
The severity and location of the injury determine the extent of impairment. This can range from partial loss of sensation and motor function to complete paralysis below the level of the injury.
Depending on the location of the injury, paralysis victims may lose the use of their arms, legs, trunk, and pelvic organs. In addition to physical impairments, SCIs can lead to secondary complications, such as loss of bowel and bladder control, chronic pain, muscle spasms, and pressure sores.
The lifelong medical care and rehabilitation required to manage these injuries can place a significant burden on both the victim and their family members.
Amputations, severe burns, and multiple fractures are also considered catastrophic injuries due to their horrible impact on a victim’s physical and psychological well-being.
Amputations of limbs can destroy a victim’s mobility, independence, and quality of life. Severe burns may cause permanent disfigurement, chronic pain, and psychological trauma, requiring extensive medical treatment and psychological support.
Multiple fractures, particularly those involving the femur or pelvis, can result in long-term disability and functional impairment. Accident survivors may need prolonged rehabilitation and physical therapy.
In addition to the physical and emotional toll, catastrophic injuries can have a significant financial impact on victims and their families. Medical expenses can quickly accumulate, including hospital bills, rehabilitation costs, and ongoing care expenses.
A severe TBI can cost a victim up to $3 million throughout their life. Someone with a severe spinal cord injury can face expenses in excess of $1 million during the first year. Lost income due to disability or inability to work can exacerbate financial hardships.
When catastrophic injuries occur due to another party’s negligence, the impact on victims and their families can be devastating. In such cases, seeking compensation for the losses incurred becomes a matter of justice and a means of obtaining necessary resources for recovery and ongoing care.
This is where personal injury attorneys step in to provide crucial support and guidance.
Personal injury attorneys have extensive experience navigating the complexities of catastrophic injury cases. They explore every option to help victims get the money they deserve by holding those responsible for an accident accountable for their negligence.
Catastrophic injury lawyers work closely with their clients to understand the circumstances surrounding the injury and assess the extent of the damages incurred. They perform detailed investigations to gather evidence, including eyewitness testimonies, medical records, accident reports, and expert opinions.
Once your attorney investigates the accident and determines liability, they’ll negotiate with the liable party’s insurer to obtain compensation. Insurance companies are notorious for employing tactics aimed at minimizing their financial liability, including offering lowball settlement offers or disputing the validity of claims.
Personal injury attorneys know how to deal with insurance adjusters and understand how to counter their strategies effectively. By leveraging their negotiation skills and legal expertise, experienced lawyers work to secure fair and just compensation for their injuries.
However, if the insurer refuses to offer a fair settlement, your catastrophic injury lawyer will be prepared to take the case to court. Litigation is often a last resort. However, it may be necessary to force the responsible parties to take accountability for their actions.
Personal injury attorneys have the litigation skills and courtroom experience needed to present a compelling case before a judge and jury. They advocate tirelessly for their clients’ rights, presenting evidence, examining witnesses, and making persuasive arguments to secure the compensation their clients deserve.
A personal injury attorney with The Eberst Law Firm will guide you through the legal process with compassion and determination. We will provide invaluable support every step of the way, from the initial consultation to the resolution of the case, working to ensure you receive the justice and compensation you deserve.
Our catastrophic injury lawyers understand the devastating impact horrible injuries can have on victims and their families. We will fight to ensure they receive full compensation for their losses. By enlisting our help, you can focus on recovering from your catastrophic injury, knowing your personal injury attorney is protecting your legal rights.
Please schedule a free case review by using our online form or calling 772-225-5566.
A catastrophic injury has life-long consequences, resulting in significant physical and emotional pain as well as financial burdens. Examples include traumatic brain injuries (TBIs), spinal cord injuries (SCIs), amputations, severe burns, and multiple fractures.
Catastrophic injuries require extensive medical treatment, rehabilitation, and ongoing care. Victims may experience permanent disabilities, chronic pain, and psychological trauma. Financial hardships can also occur due to medical expenses, lost income, and reduced earning capacity.
Victims may be entitled to compensation for their losses. Personal injury attorneys help victims pursue legal claims against responsible parties, seeking compensation for medical expenses, lost income, pain and suffering, and other damages.
Personal injury attorneys have extensive knowledge of personal injury law and understand the complexities of catastrophic injury cases. Attorneys work closely with clients to gather evidence, build strong cases, and pursue maximum compensation through negotiations or litigation. They also handle negotiations with insurance companies and advocate tirelessly for their clients’ rights.