- Free Consultation:
- 800-320-HELP
Living through a car accident is stressful enough. Dealing with painful injuries and unexpected bills is frustrating, and when it comes to multi-car pile-ups, the confusion can multiply quickly.
One of the most significant challenges you’ll face is navigating the complexities of insurance. With multiple insurance providers all looking out for their bottom line, it can seem like nobody is on your side.
You don’t have to go through this alone. The team of experienced car accident attorneys at Werner, Hoffman, Garcia & Greig are ready to negotiate with insurance companies, defend your rights, and secure the compensation you need to move on with your life.
Get in touch with the team at WHG at (800) 320-HELP or contact us online.
The foundation of insurance handling in multi-car accidents lies in your state’s fault determination system. There are two main categories:
Several car insurance coverage types play a role in multi-car accidents:
In a multi-car accident, things get very confusing. It can be helpful to work with an experienced car accident attorney who can help you untangle who owes what. They will also have the skills to help you pursue a personal injury lawsuit against the at-fault parties if insurance doesn’t cover all of your damages.
Investigators will use evidence to establish negligence to determine who is at fault in an auto accident. Negligence is a key concept in personal injury law. It refers to a driver’s actions or inactions that fall below the standard of care expected of a reasonable driver and contribute to causing an accident. Examples include speeding, distracted driving, or failing to yield the right of way.
In car accident claims, establishing negligence is central to securing compensation. Both you and your attorney must prove several key elements to demonstrate liability and recover damages.
The first element involves demonstrating that the defendant driver owed a duty of care to you and other road users. Every driver on the road is legally obligated to operate their vehicle safely and adhere to traffic laws to ensure the safety of others.
This responsibility forms the foundation of any car accident claim, as it must be shown that the defendant had a legal obligation toward the plaintiff at the time of the accident.
Once duty is established, you are then required to prove that this duty was breached. A breach occurs when a driver fails to exercise reasonable care, such as by running a red light, speeding, or driving under the influence.
This element focuses on the actions, or lack thereof, that deviated from what a reasonable person would do under similar circumstances, leading to the accident.
Causation is the critical link between the breach of duty and the injuries and losses sustained. It must be shown that the defendant’s actions directly caused the accident and the resulting harm. This often involves demonstrating that, but for the defendant’s negligence, the accident and injuries would not have occurred.
Causation can also be complex, sometimes requiring expert testimony to establish the connection between the breach and the injury.
The final element requires demonstrating that you suffered actual damages due to the accident. This can include lost wages, medical expenses, property damage, and non-economic losses such as pain and suffering.
Providing thorough documentation and evidence of these damages is essential for substantiating the claim and quantifying the compensation sought. Through clear and compelling evidence of these elements, a car accident claim can effectively establish the negligence of the responsible party.
Gathering strong evidence is crucial in a multi-car accident, where assigning fault can be complex. Some of the strongest forms of evidence used in car accident investigations include:
The immediate aftermath of a multi-car accident can be crucial for both your health and your rights. The decisions you make can have a big impact on any claims for compensation you may file later on.
Here’s a quick checklist of what to do after a car accident to help guide you:
After a multi-car accident, depending on the severity and fault determination, you might be entitled to compensation for various auto accident damages, including:
Every case is different, and the specific damages you’re owed can vary. A personal injury lawyer can assess your claim and give you a clearer sense of the compensation you may be able to pursue. They can also assist with maximizing compensation after your car accident.
Understanding the time frame for filing a multi-car accident claim is crucial, as it hinges on the statute of limitations, which sets a deadline for initiating legal proceedings. The statute of limitations varies by state and dictates the period within which a victim must file a lawsuit following an accident.
For multi-car accidents, this legal time limit ensures that claims are made while evidence is still fresh and witnesses’ memories are reliable. If you fail to file within this period, you may forfeit your right to pursue compensation through the legal system. This is a common mistake in car accident claims.
Beyond the legal deadlines, each insurance company has its own set of policy timelines that must be adhered to. These timelines dictate how soon after the accident you should notify the insurer and submit your claim to remain eligible for compensation. Failing to meet these internal deadlines can result in the denial of your claim, making it imperative to act promptly.
Staying informed about both legal and policy-specific deadlines ensures that your claim process remains smooth and your rights are protected. Consulting with a knowledgeable car accident attorney at Werner, Hoffman, Greig & Garcia can also help navigate these timelines effectively. We’ll take all necessary steps to secure the compensation you deserve.
Navigating a multi-car accident claim can be overwhelming, especially when dealing with multiple insurance companies and the complexities of fault determination. Here’s how a car accident lawyer can help you defend yourself:
The personal injury lawyers at Werner, Hoffman, Greig & Garcia have extensive experience with car accident claims. Our team is equipped to untangle the complications of a multi-car accident.
We will defend your rights and secure the compensation you need to rebuild after a devastating auto accident. To schedule a free consultation, you can contact us online or call us at (800) 320-HELP. Our team is happy to assist you with any questions you have regarding how insurance works in a multi-car accident.
Don’t admit fault at the scene. The cause of a multi-car accident can be complex. Focus on gathering evidence (photos, witness statements) and contact your insurance company to report the accident.
An auto accident attorney can help investigate and determine fault. Additionally, in complicated cases, car accident expert witnesses can provide clarity on fault.
If you have uninsured motorist coverage, personal injury protection, or property damage liability coverage, your insurance company should help cover your damages. A car accident attorney can advise you on other options for recovering compensation from the at-fault drivers or other liable parties.
The statute of limitations on filing a car accident claim varies from state to state. In Florida, for instance, you have two years from the date of the car accident to file.
However, it’s important to act quickly. Contact a personal injury lawyer as soon as possible after the accident to keep evidence fresh. This also helps ensure you don’t miss the deadline for filing an auto accident claim.
Dealing with the Department of Veterans Affairs or VA disability rating system can be tough. Getting a 100 percent rating is even tougher, but it’s important because it gives you the most benefits.
A VA disability rating is a percentage set by the U.S Department of Veterans Affairs that shows the extent to which a service-connected disability affects a veteran. If you get a 100 percent rating, it can change your life by providing full benefits for medical care, housing, and monthly income.
To secure a 100 percent VA disability rating, it is essential to have accurate documentation and a clear understanding of the application process. At Werner, Hoffman, Greig & Garcia, we are committed to supporting you every step of the way.
Our dedicated team of veteran benefits lawyers can help you secure your deserved VA disability rating and benefits. Call us at (800) 320-HELP or submit a contact form.
VA disability ratings are a mechanism for the U.S. Department of Veterans Affairs to evaluate the extent of a veteran’s service-connected disabilities and their impact on daily life. The ratings are expressed as a percentage, ranging from 0 to 100 percent, in increments of ten.
This percentage reflects the degree to which the service-connected disability decreases the veteran’s ability to function and earn a living. Higher service-connected disability rating percentages indicating more severe disabilities.
The rating system is important because it determines the veterans disability compensation rates, with benefits going up as the service-connected disability rating increases. To assess and award these ratings, the VA uses a schedule that matches specific medical conditions to disability percentages, helping veterans know what they qualify for based on their service-connected condition.
To secure a 100 percent VA disability rating, you must effectively comply with all requirements and have the necessary evidence to support your VA claim.
To start the process of getting a 100 percent VA disability rating, gather all necessary documents carefully.
This includes thorough medical records that show your diagnosis, treatment, and any ongoing issues related to your service-connected disability. Your military service history is just as important since it shows the link between your service and your medical condition.
To be thorough, arrange your documents systematically and refer to the evidence needed for your VA claim for guidance on the specific forms and evidence you’ll need. The easiest VA disability claims are more likely to be approved, but others may need much more critical evidence to get approval.
Once your documentation is in order, the next critical step is filing the VA disability claim. This process involves completing the necessary forms with precision to avoid common pitfalls that could delay your claim.
It is crucial to provide detailed and accurate information about your service-connected disability, including how it impacts your daily life and employment. Taking the time to thoroughly read and understand the guidelines for each form will help you submit a well-prepared application.
The Compensation & Pension (C&P) exam is crucial in deciding your disability rating where the Department of Veteran Affairs requires more medical information.
Not every person seeking VA benefits is required to undergo this exam especially if their documentation is sufficient. The exam allows a VA medical professional to evaluate your service-connected disability and its impact on your life.
To get ready for the exam, have all necessary medical records on hand, including those that link your injury or illness to your military service. Be prepared to discuss your symptoms and how they affect your daily activities. Knowing what to expect and behaving appropriately during the exam can significantly influence the outcome.
To receive a 100 percent VA disability rating, a veteran must demonstrate that their service-connected condition or conditions are completely disabling and prevent them from maintaining gainful employment.
This assessment generally involves proving that the severity of the symptoms, either from a single condition or a combination of several service-connected disabilities, impedes everyday functioning and work capacity.
In calculating VA disability ratings, the VA considers the documentation you filed including medical reports, results from the C&P exam, and any other relevant findings to your claim.
It is crucial to supply comprehensive medical evidence of the link between your active military service and your disability. Additionally, you potentially may need to undergo VA medical examinations to substantiate your claims for a full rating.
Providing detailed documentation and undergoing necessary evaluations can significantly impact the outcome of your appeal for disability compensation. You can include relevant medical records from private providers as well as those within the VA health care system.
As it is almost impossible to get a 100% disability rating from a single service-connected disability, the VA may consider a combination of service-connected conditions to calculate the rating.
Note that disability ratings are not additive, meaning that if one condition has a 60% rating, and another 10%, both do not necessarily automatically add up to 70%. The VA uses a combined rating schedule to calculate the percentages.
If your service-connected disabilities do not meet the exact criteria for a 100 percent rating but still profoundly impact your ability to work, you may still qualify for Total Disability Individual Unemployability (TDIU).
This provision grants you disability compensation at the same level as a veteran with the 100 percent rate, even if your overall service-connected disability rating does not total 100 percent. It is meant to offset your inability to maintain substantially gainful employment due to your service-connected disabilities.
Navigating the VA appeals process after a 100% disability benefits claim has been denied can be frustrating, but understanding the steps involved is crucial for a successful outcome.
Once a claim is denied, you have the right to appeal the decision. Common reasons for denial of a VA disability claim include submission of insufficient evidence of a service-connected disability and failure to meet the eligibility criteria.
An experienced VA benefits attorney can assess your claim and advise on the best way forward. They can provide valuable insights, clarify confusing aspects of the process, and help gather compelling evidence. You can then choose the type of appeal review that best suits your situation.
A supplemental claim allows you to submit new and relevant evidence not previously considered. A higher-level review involves a more experienced adjudicator reevaluating your claim without new evidence. If you opt for a Board of Veterans Appeals hearing, prepare to present your case to a Veterans Law Judge.
Dealing with the VA appeals process can be daunting especially if you are seeking benefits for a 100 percent disability rating. A skilled VA benefits lawyer can be instrumental in maximizing your chances of a favorable outcome. Here’s how they can assist you:
As you move forward with your VA disability claim for 100 percent benefits, consider the difference that personalized legal support can make for you. You don’t have to navigate this complex process on your own.
By partnering with experienced legal experts who genuinely care about your well-being, you can be confident that every step you take is a step closer to receiving the 100% VA disability compensation you deserve.
At Werner, Hoffman, Greig & Garcia, we’re here to listen to your concerns, answer your questions, and stand by your side, advocate for your rights. We understand the sacrifices you’ve made, and it’s our mission to help you gain the VA benefits you’ve earned.
Contact us today at (800) 320-HELP or by submitting this online contact form to schedule a free consultation.
The timeline for VA benefits compensation claims can vary widely depending on the complexity of the case, the availability of evidence, and workload at the VA. On average, initial claims can take anywhere from several months to a year. Totally disabled veterans appeals may take longer.
Yes, you can request a re-evaluation if your condition worsens over time. However, you need to submit a new claim along with updated medical evidence demonstrating the increased severity of the disability.
While it is not mandatory to have a lawyer when filing a VA disability claim, having a VA benefits lawyer can be extremely beneficial. An experienced lawyer can help navigate complex regulations, ensure accurate documentation, and effectively communicate with the VA to enhance the chances of a favorable outcome.
Rideshare apps like Uber and Lyft can provide a convenient transportation service. However, unlike taxis and buses, the rideshare industry is very young and is largely unregulated. Rideshare drivers are usually independent contractors who aren’t directly employed by the parent company. If they get into a car accident, who is responsible?
If you or a loved one is injured by an accident with an Uber or Lyft driver, you deserve compensation for the physical, mental, and emotional toll you suffer in the aftermath. These steps can help you find the best possible outcome after your rideshare car accident.
For additional help, get in touch with the experienced car accident attorneys at Werner, Hoffman, Greig & Garcia. Reach out to us to schedule a free consultation at (800) 320-HELP or contact us online.
Rideshare companies like Uber and Lyft typically provide insurance coverage for their drivers. However, the coverage limits and which policy applies depend on the specific situation. Here’s a breakdown of the coverage stages:
Understanding these different coverage stages is important because it can impact the amount of compensation you receive for your car accident damages after an accident with a Lyft or Uber driver.
For example, if the driver was logged off the app at the time of the rideshare accident, you may need to file a claim with the driver’s personal insurance company. However, keep in mind that their policy may have lower coverage limits.
Speak with a skilled car accident attorney who has experience with rideshare accident claims to learn more about the compensation you’re owed and how to pursue it.
Here are the steps you should take if you’re in a rideshare car accident with an Uber or Lyft driver:
Check on yourself and others involved in the rideshare auto accident. If there are injuries, call 911 immediately. If possible, move out of the flow of traffic, but avoid moving anyone who appears to be seriously injured.
Call 911 and report the Uber or Lyft rideshare accident. The officers who arrive on the scene will record key details of the accident in a police report, which will be crucial evidence for any insurance claims.
Properly documenting the scene may prove crucial for your later personal injury claims. Take photos of the damage to the vehicles involved, any injuries you sustained, and the surrounding accident scene.
You can report the auto accident through Lyft or Uber’s in-app safety features, which will create a record of the accident.
Exchange contact and insurance information with the Uber or Lyft driver, as well as any other drivers involved in the car accident. If possible, try to get the names and contact information of any witnesses.
See a doctor as soon as possible, even if you don’t feel any injuries immediately. Some injuries, like whiplash, take time to manifest, and you may have hidden injuries you aren’t aware of. The medical records this creates will also help support any later claims for compensation you may file.
Inform your insurance company about the rideshare car accident. Don’t volunteer extra information about the auto accident without a personal injury lawyer’s input. Insurance companies may not have your best interests in mind, and communicating with them effectively can be tricky. Just give them the basics and respond to any follow-ups.
Consider contacting a personal injury attorney after an accident with an Uber or Lyft driver. An experienced Lyft or Uber rideshare accident lawyer can help you navigate the legal process and ensure you receive fair compensation for your injuries.
Consulting with a personal injury lawyer familiar with rideshare accidents in Florida is crucial. They can explain the complexities of rideshare insurance coverage and your rights as a passenger. Here are some benefits of having an Uber or Lyft rideshare accident lawyer handle your claim:
Finding the right legal representation after an accident involving Lyft or Uber can significantly impact the outcome of your case. With many lawyers specializing in rideshare incidents, it’s crucial to make an informed decision that aligns with your needs and circumstances.
Here are some of the factors that you should consider when choosing the right lawyer for your case:
When selecting a lawyer for a Lyft or Uber accident case, their experience in handling rideshare cases is paramount. Lawyers with a robust background in this niche are more adept at navigating the unique challenges these cases present.
They understand the intricacies of rideshare laws and have the knowledge required to deal with insurance companies that often operate with their own set of rules. An experienced rideshare accident lawyer will leverage their expertise to build a strong case, anticipate potential issues, and strategically advocate on your behalf.
A personal injury lawyer’s reputation can be a telling indicator of their ability to successfully represent you. Investigate their standing within the legal community and look for reviews from past clients. A lawyer with a positive reputation is often one who has consistently delivered favorable outcomes for their clients.
Online reviews and testimonials can provide insights into their approach, reliability, and effectiveness. Choosing an Uber car accident lawyer with a stellar reputation ensures that you’re in capable hands, thus increasing the likelihood of a positive resolution to your case.
Effective communication is essential when dealing with legal matters. Your Uber or Lyft rideshare accident lawyer should be able to convey complex legal concepts in a way that you can understand, ensuring you are well-informed throughout the process.
They should be approachable and willing to answer your questions promptly. Good communication also extends to their dealings with other parties involved in the case, such as insurance companies and opposing counsel. Lawyers who communicate clearly and effectively can facilitate smoother negotiations and quicker resolutions.
Understanding a personal injury lawyer’s fee structure is crucial to avoid unexpected expenses. Different lawyers employ various billing methods, such as hourly rates, flat fees, or contingency fees, where they only get paid if you win your case.
Discussing fees upfront ensures there are no surprises and allows you to budget accordingly. It’s important to choose a lawyer whose fee structure aligns with your financial situation, providing clarity and peace of mind throughout the legal process.
A lawyer’s track record is a tangible measure of their capability to win cases. Inquire about their success rate in handling Lyft and Uber accident cases similar to yours. A high success rate not only demonstrates their proficiency in legal strategy and negotiation but also instills confidence that they can achieve a favorable outcome for you.
Past successes are often indicative of a rideshare car accident lawyer’s dedication and skill in representing their clients effectively.
Lastly, the personal rapport you share with your lawyer cannot be underestimated. Trust and comfort are essential components of a successful attorney-client relationship. You should feel confident in their abilities and comfortable discussing personal details with them.
A lawyer who listens to your concerns and values your input is more likely to understand your objectives and work diligently to meet them. Building a relationship based on trust ensures a more collaborative and effective partnership throughout the legal process.
Like any car accident, rideshare accidents may cause pain, emotional suffering, and financial strain in the lives of victims. At Werner, Hoffman, Greig & Garcia, our team of experienced personal injury attorneys is ready to use their skills and experience to defend your rights and fight for the compensation you deserve.
Don’t hesitate to get in touch by contacting us online or calling us at (800) 320-HELP to discuss your legal options.
In Florida, the statute of limitations for personal injury claims is two years from the date of the accident. It’s important to consult with a rideshare lawyer as soon as possible after your accident to ensure you meet all deadlines and maximize your chances of a successful claim.
Even if the rideshare driver was not responsible for the accident, you may still be able to file a claim against the at-fault driver’s insurance company. Your auto accident lawyer can help you determine the best course of action when this occurs.
Florida follows a comparative negligence law, meaning that any compensation you receive may be reduced based on the percentage of fault you are assigned for the accident. A rideshare car accident attorney can help you argue for a fair assessment of fault.
This can vary. You may want to consider talking to your personal injury lawyer about the specific circumstances of your accident and how it might affect your future rideshare experiences.
Being involved in a car accident can present physical, emotional, psychological, and even financial implications. For instance, if you have suffered serious injuries that require extensive medical care, that may cause you financial strain.
One of the ways to deal with this is to claim compensation from the insurance company. Getting a good car accident attorney may determine whether or not your claim will succeed.
That is why knowing how to find the best lawyer is important. At WHG, our team has ably handled numerous car accident cases, bringing a wealth of experience and knowledge to your claim.
If you or your loved one has suffered injuries and incurred damages due to a car accident, call us at (800) 320-HELP or submit this contact form to schedule a free case evaluation with our car accident attorneys.
Here are some of the considerations you should make when it comes to selecting the best car accident attorney to pursue your claim.
You may be wondering whether there is any need to hire an attorney after a car accident. These are some of the common instances where the services of a car accident attorney are quite necessary:
You may not need a car accident attorney if there are no injuries, or significant property damage, or your insurance has offered a fair settlement. However, it’s important to get a medical check-up as some car accident injuries might not be immediately apparent.
If you accept an insurance settlement and later discover serious injuries, you may be stuck with that settlement. When in doubt, it’s always a good idea to consult with a car accident lawyer.
Legal representation matters because as an ordinary citizen, you may not fully comprehend the ins and outs of the legal system. On the other hand, a qualified car accident attorney has comprehensive knowledge of the relevant laws applicable to your case, including the strict timelines for filing your claim.
An experienced auto accident attorney also understands the complexities of the legal system and will help you comply with the necessary processes as you focus on your recovery.
While you may find it challenging to sufficiently prove your injury for compensation, a skilled lawyer knows the type of compelling evidence to present and how to persuasively argue your case. They will help in gathering such evidence and filing the proper documentation in court and on time.
Experienced car accident lawyers bring their expertise on board, therefore increasing your chances of a successful claim.
They will also inform you of damages you may not even know you are entitled to after reviewing your car accident case. Where the insurance company has presented a lowball offer, a seasoned lawyer will strategically negotiate to maximize compensation for your car accident claim.
Merely browsing ‘how to find the best car accident injury attorneys near me’ may not always find you the right attorney for your case. You need to intentionally consider several factors before settling on who to hire. These factors include:
How long have they been in practice? How long have they been handling car accident claims? What types of car accidents have they handled? Hiring an experienced attorney gives you confidence that they are familiar with handling your type of claim effectively to increase your chances of success.
It is advisable to consider a car accident injury attorney whose location is convenient in relation to yours. Although virtual meetings and email or phone call correspondence may render frequent physical meetings unnecessary, you may need to run a few things by your attorney in person.
A lawyer whose offices are reasonably easily accessible saves you the stress of having to plan long travels to access them in person when you need to.
Everyone wants to work with an auto accident attorney with a good reputation. Check out client testimonials and the overall reputation of the attorney before hiring them. Credible client reviews or even awards can help you in this regard.
Sometimes, a credible referral does it. Friends, colleagues, or even family members may refer you to a car accident lawyer they enjoyed working with in the past. A good auto accident attorney will also have reliable professional referrals, so look out for those too.
The last thing you want is to hire an attorney that you can’t afford! Always inquire first about the anticipated legal fees you will have to pay if they take your car accident case. Are the fees based on a contingency basis? Do you have to pay upfront? An attorney without transparency regarding fees is a red flag.
If you are taking up a big insurance company with financial muscle, then an experienced car accident attorney whose firm has sufficient resources to pursue your claim is your best bet.
How many car accident cases have they won in the past? A credible success score may not guarantee that you will win too, but it helps you assess how diligently the auto accident lawyer will represent your interests.
Here are some of the questions that you can ask the car accident lawyer to find out whether they are the right choice for your personal injury claim:
How long have you been practicing personal injury law and how many car accident cases have you handled?
A firm with a significant number of car accident cases suggests experience and expertise in this area.
Has your firm successfully handled car crash cases that are similar to mine in the past and how many?
While a competent car accident lawyer should be able to deal with car accident cases generally, your best bet is a lawyer who has handled similar cases in the past. For instance, if you have lost a loved one, you may want to consider an attorney who has handled wrongful death claims successfully.
What is the typical car accident settlement amount for a case like mine?
A good car accident attorney will quote a figure backed by a sound assessment of the evidence. An experienced attorney will also know what to expect from insurance companies based on previous experience. However, beware of attorneys who quote unreasonably high figures to bait you in as a client.
How involved will you be in my case, and what level of support can I expect throughout the process?
Understanding the firm’s level of involvement and support can help ensure your needs are met.
How often do your firm’s car accident cases go to trial and what are my chances of going to trial?
Most car accident claims settle out of court. Many car accident victims and insurance companies alike prefer it that way because of how long and expensive the trial process can get. Discuss with your car accident lawyer how likely it is for your car accident case to go to court and the possible implications of the same.
How often will you communicate with me, and what is your preferred method of communication?
Clear and consistent communication is essential for a positive attorney-client relationship. Car accident cases can be stressful, and you will need regular and reliable communication from your attorney as the case progresses. Ask about how quickly they will get back to you should you have any questions.
You may also want to know:
Generally, your car accident attorney should provide you with detailed information about your legal rights and options. This includes the deadline for filing a lawsuit, potential damages you may be eligible for, and your legal options to best pursue your car accident claim.
Your car accident lawyer will also conduct a thorough evaluation of your case. When doing so, they will focus on assessing liability, and potential challenges, and providing an estimated timeline for resolution.
They should keep you informed throughout the process, provide clear communication channels, and explain the costs and fees associated with your case. You should also be at liberty to make any inquiries related to your case.
The amount and quality of evidence you provide your car accident lawyer has a huge bearing on the outcome of your case.
Critical evidence that supports your claim will help your car accident attorney assess your chances of success. This includes evidence from the accident scene like police reports, witness statements, and photos of the car crash aftermath, as well as documentation of damages.
To strengthen your claim for vehicle damage, you can provide receipts for any repairs. Make sure to keep records of where you have sought medical treatment for your car accident injuries, as well as any medical bills.
Your personal injury lawyer will help you identify what is needed to successfully prove your claim.
Dealing with the personal injury claim legal system can be stressful, especially after being involved in a car accident. Our qualified team at Werner, Hoffman, Greig & Garcia has extensive experience in handling car accident cases.
Let one of our personal injury lawyers assist you by offering expert legal advice, negotiating with insurance companies, and court representation to maximize your compensation.
At Werner, Hoffman, Greig & Garcia, our dedicated car accident attorneys will defend your rights in and out of court. You can contact us online or call us at (800) 320-HELP to schedule a free consultation.
While a car accident settlement may seem fair, running it by your auto accident lawyer is a good idea to ensure you are getting what you really deserve.
Depending on the injuries sustained, the impact of the car crash, and other factors, you may be entitled to economic and non-economic damages in a personal injury case.
Economic damages include financial losses such as medical bills, lost wages, cost of repairs, and out-of-pocket expenses. Non-economic damages include pain and suffering, emotional trauma, loss of companionship, and disfigurement.
The statute of limitations differs from state to state so ensure your lawyer informs you accordingly. For instance, in Florida, car accident victims have two years from the date of the accident to file a personal injury lawsuit.
There are many factors that determine who is at fault for a car accident. One of these factors is right of way, which dictates who should proceed first at intersections, pedestrian crossings, and other traffic scenarios.
For example, in Florida, you must yield to traffic already on the road when merging onto a highway. Should you fail to, and a collision occurs as a result, you may be found liable for the accident.
Violations of right of way can impact car accident lawsuits in how fault is attributed, and the amount of compensation you or the other driver qualify for. This article offers insight into how right of way can affect your car accident case.
If you have been involved in a right of way car accident, our experienced car accident attorneys at Werner, Hoffman, Greig & Garcia can help you deal with insurance or represent you in court if needed. Schedule a free consultation by calling (800) 320-HELP or submitting this online contact form.
Right of way is a set of rules that determine which vehicle, cyclist, or pedestrian has the priority to proceed in different traffic situations. It is typically governed by traffic lights, yield signs, and road markings, or it can be dictated by specific rules, such as those for four-way stops or uncontrolled intersections.
Failure to yield to the right of way can cause accidents, and this failure is considered negligence in personal injury law.
Although right of way rules may differ slightly from one state to another, some of the most common right of way scenarios include:
Controlled and Uncontrolled Intersections: Accidents frequently occur at intersections, especially uncontrolled intersections, where determining the right of way can be challenging. At four-way stops, the first vehicle to arrive generally has the right of way.
Pedestrian Crossings: Pedestrians have the right of way at marked crosswalks. Most pedestrian accidents involve a violation of this right. However, pedestrians have to yield to other drivers’ right of way when crossing the road elsewhere besides a marked crosswalk.
Merging Lanes and Highway Entry: When merging or entering a highway, vehicles already on the main road typically have the right of way. Drivers entering the highway must ensure safe and smooth integration without disrupting traffic flow.
Roundabouts and Traffic Circles: In these settings, vehicles circulating within the roundabout usually have the right of way. Drivers entering must yield until a safe opportunity to merge arises.
Emergency vehicles: According to Florida traffic laws, drivers are required to give the right of way to emergency response vehicles such as ambulances and fire trucks.
A Florida right of way violation can occur in many ways, including these scenarios:
Observing right of way laws is crucial for ensuring road safety. Drivers who fail to yield when required can face legal consequences, including fines, points on their driving record, suspension of license, or being held liable to compensate other parties in an accident.
In car accident lawsuits, violations of right-of-way can substantially influence the determination of fault. If a driver is found to have disregarded the right-of-way rules, they may be held responsible for the accident. This can significantly impact the outcome of any legal proceedings or insurance claims.
If you have been involved in a right of way car accident, you may be wondering how this may affect your claim in terms of assigning fault or determining compensation. Often, the driver who violated the right of way may be liable for negligence. The court could order them to pay damages for any injuries or losses you suffered.
To prove your claim, you must establish that the other driver’s failure to comply is what caused the accident.
No. While right of way is a crucial factor in determining fault in car accidents, it doesn’t automatically assign absolute fault on the party that failed to yield.
Establishing fault in a right of way accident lawsuit involves a detailed examination of the accident’s circumstances. This includes road conditions, driver actions, and available evidence like witness accounts and traffic footage.
Additionally, other traffic laws and potential contributory negligence by both parties are considered. Contributory negligence arises where, besides the driver at fault for violating right of way, you may have also contributed to the accident.
As already stated, several factors may have contributed to the accident. For example, the at-fault driver may claim you were speeding or driving recklessly at the time of the accident. In cases where both you and the other driver contributed to the accident, you share fault.
In Florida, the law recognizes comparative negligence. That means that each contributing party will bear a percentage of the fault. Therefore, you can claim damages even where you’re partially at fault as long as you are less than 50% responsible.
The amount of compensation you qualify for will then be reduced based on your percentage of fault for the accident. For instance, if the other driver is deemed 70% responsible for not yielding at a stop sign and you are found 30% responsible for speeding, your compensation may be reduced by 30%.
To establish your claim, you need to prove that the other driver had a duty to yield but failed to. Then, you must show this caused the accident, which would not have happened had they yielded. For compensation to be justified, you must have suffered injury as a result of the accident.
To effectively support your case in a car accident lawsuit, gathering substantive evidence is vital. This includes:
A skilled car accident lawyer can help identify and obtain the relevant evidence you need to build a strong case.
Dealing with a car accident and the legal battles that follow can be draining. WHG is here to remind you that you do not have to go through it alone. Our dedicated car accident attorneys have extensive experience in handling diverse types of car accident cases.
Let us manage your car accident claim. We will gather evidence, file all necessary paperwork, negotiate with the insurance companies, and represent you aggressively in court.
Call us at (800) 320-HELP or submit this online contact form to discuss your options. We operate on a contingency fee basis, so you only pay us if we win your case.
Deciding whether to hire a lawyer for a right of way car accident lawsuit depends on your case’s complexity. If there are significant injuries or disputes over fault, legal representation ensures you go through the personal injury claims processes with ease.
Additionally, it helps ensure that your legal right to seek compensation is well protected. Check out our guide on how to find the best car accident lawyer near you.
Generally, you have two years from the accident date to file a Florida personal injury claim or property damage claim. It’s crucial to be aware of these deadlines. Failing to file within the statutory period may result in losing the right to pursue compensation.
If you suffered injuries or loss in a car accident, you may be entitled to various forms of compensation. This will depend on the circumstances of your case. Your settlement may include coverage for medical expenses, property damage, lost wages, and pain and suffering.
It’s crucial to consult with an auto accident lawyer to fully understand the specific types of compensation you qualify for.
Summary
Veterans across the country rely on Veterans Affairs or VA benefits for healthcare, education assistance, home loans, and compensation for disabilities incurred during military service. The support of the VA is essential for veterans reentering civilian life, particularly when a disabled veteran needs access to crucial medical care.
To access these benefits, veterans must file a claim and follow it along a series of steps. Let’s go over the typical timeline and the key stages of a VA benefits claim for disability compensation.
When preparing to file your VA benefits claim, you should check your eligibility for various benefits. There is often a 90-day active duty service requirement, but the specifics vary between different types of benefits.
Next, you should gather any documentation that supports your claim. This can include service records, medical records, and supporting statements from family members, friends, or people you served with. You’ll have additional chances to prepare evidence later, but it’s best to get ahead.
The last step before filing your disability benefits claim is to find a VA-accredited representative to assist you.
Several of the attorneys at Werner, Hoffman, Greig & Garcia are VA-accredited and will have your back every step of the way.
Filing a VA benefits claim is a relatively straightforward process, but there are several different ways to file a claim. The option you choose can impact the timeline of your VA disability claim.
To file by mail, download the appropriate form–for instance, disability claims will use VA Form 21-526EZ–fill it out, and mail it to the listed address.
To file in person, locate the nearest VA office to you and they’ll help you out.
Finally, you can seek out an accredited representative like Werner, Hoffman, Greig & Garcia for expert help navigating the claims process. This is probably the easiest and most reliable method of filing a claim.
Whichever method you choose, be sure that your claim is filled out completely and accurately to the best of your abilities. The fewer problems with your claim, the faster you will receive your benefits, such as TDIU backpay.
Learn more: Find Out How Much Your VA Benefits May Be With Our VA Disability Calculator
Once you file your claim, the process will usually take a little over 100 days from start to finish. The initial review step of the VA disability claim timeline generally takes 12-14 days.
When the VA receives your benefits claim they’ll let you know–either on-screen or in a letter, depending on if you filed online or by mail.
At that point, the claim will enter the initial review phase, in which a reviewer will look over your claim and determine if any additional evidence is needed. If necessary, the claim will be moved on to the evidence-gathering and review phase.
During this phase of your VA benefits claim, the VA will gather additional evidence from sources like:
They’ll also attempt to retrieve any other evidence you mention and will provide a medical team to examine you if necessary. Be sure to attend any requested examinations so you can get your claims approved.
This is also your chance to provide additional evidence that you may have. Having a VA-accredited attorney on your side during this stage is crucial. They can help you gather additional medical records, buddy statements, and other forms of evidence to strengthen your case. They can also ensure the VA considers all relevant service documents and medical history.
This step usually takes 12-14 days.
When your claim receives a decision, it’ll usually be based on a certain “rating.” These ratings are expressed as percentages, from 0% to 100%, and are used to determine your monthly benefit payments.
You can check your status on the VA’s website, and they’ll also notify you by mail.
Learn more: How Can Veterans in Florida Claim VA Benefits?
If your claim is approved, within two weeks you should receive information on your new benefits and how to use them. For instance, if you’re approved for health benefits, you’ll receive a Veteran Health Identification Card and a handbook that explains how to access your benefits.
If your claim is denied, don’t panic. You can still file an appeal. Depending on how you want to proceed, you’ll either submit new information, ask for a more senior-level review, or take it to a veteran’s law judge. This can be complicated and frustrating, so be sure to contact a qualified attorney like Werner, Hoffman, Greig & Garcia to understand your options.
A veterans disability benefits denial attorney can help you navigate the lengthy and complex appeals process, gather new evidence to support your claim, and represent you at any hearings. They can significantly increase your chances of a successful appeal.
The timeline of your VA disability may be affected by special circumstances. Extreme financial hardships like evictions may qualify you for an expedited claims process. You can contact your regional VA office for more information.
Certain conditions, especially mental health conditions like PTSD, are more complicated to connect to your military service, and claims for these conditions may also take longer to navigate.
Once again, we highly recommend consulting with a veterans disability claims attorney if your claim involves service-related mental health conditions. An attorney with experience handling VA benefits claims will understand the unique challenges associated with service-connected mental health conditions and can effectively advocate for you throughout the claims process.
Navigating the appeal process for a denied VA disability claim can be a confusing journey, but understanding each step and its timeline can significantly enhance your chances of success. When a veteran receives a denial of their disability benefits claim, they have the right to contest this decision through a structured appeals process.
This section aims to demystify the VA disability claims process, breaking it down into clear stages and offering insights into the expected timelines.
The first stage in appealing a VA claim denial is submitting a Notice of Disagreement (NOD). This document signifies your intention to contest the VA’s decision and must be filed within one year of receiving the denial letter.
Submitting a well-crafted NOD is crucial, as it sets the stage for the rest of the appeal process. It should clearly outline the specific areas of disagreement and may include any new evidence or information that supports your case.
Once the NOD is filed, you have three options for further review. You can either file:
Each option has its own timeline and requirements. A Supplemental Claim generally takes around 4-5 months to process, a Higher-Level Review is typically completed in about 4-5 months as well, and a Board Appeal may take over a year depending on the docket.
During the appeal process, gathering substantial evidence is paramount. This can include medical records, service records, and any other documentation that supports your claim. The timeline for gathering evidence can vary greatly depending on the complexity of your case and the availability of records.
It’s important to stay organized and ensure that all evidence is submitted promptly to avoid unnecessary delays.
After submitting all necessary documents and evidence, patience becomes key. The VA will review your appeal and render a decision. The timeline for this can vary significantly based on the route you choose for your VA disability claim.
For instance, a Board Appeal might take significantly longer than a Supplemental Claim or Higher-Level Review, potentially extending the wait to over a year. It’s crucial to stay informed by regularly checking the status of your appeal and maintaining communication with your VA disability benefits appeals lawyer.
Once the VA makes a decision, it will send you a notification detailing the outcome. If the decision is in your favor, the benefits will be adjusted accordingly. However, if the appeal is denied, there are still options available. You may consider further appeals, such as appealing to the U.S. Court of Appeals for Veterans Claims. Understanding the final decision and potential next steps is crucial for making informed decisions about your benefits.
The VA claim denial appeal process is intricate and can be lengthy, but understanding each stage can empower you to effectively navigate the system. By staying informed and proactive, you can improve their chances of a favorable outcome, ensuring they receive the benefits they deserve for their service.
For expediency, you should also consider working with experienced VA-accredited lawyers at Werner Hoffman, Greig & Garcia.
Returning to civilian life can be complicated enough without the potential frustrations of a VA benefits claim. From the paperwork to the appeals, Werner, Hoffman, Greig & Garcia is your committed ally in the claims process. We are veterans who understand your situation and have the skills and experience to help. Contact us today to get started. Call us at 1-800-320-HELP.
Veterans Affairs offers a wide range of benefits to eligible veterans, including disability compensation, healthcare, education assistance, vocational rehabilitation, and home loans. The specific benefits you qualify for will depend on your service history and needs.
Generally, you must have served in active duty for at least 90 days and have a current illness or injury connected to your military service. However, there are exceptions and variations depending on the specific benefit. The VA website has a benefits eligibility tool you can use to see if you may qualify.
The documents you’ll need will vary depending on the type of benefit you’re applying for. However, common documents include your DD-214 (discharge papers), medical records, and service records. A VA-accredited attorney can help you identify and gather all the necessary documentation.
The VA disability claims process can take anywhere from a few months to over a year, with an average timeline of around 103 days. The timeframe can vary depending on several factors, including the complexity of your claim and the workload at your regional VA office.
If your VA claim is denied, you have the right to appeal the decision. The appeals process can be complicated, and it’s often helpful to have an attorney experienced in VA claims by your side.
The aftermath of a car accident is rarely a smooth ride. Beyond the immediate shock and potential physical injuries, victims often face a confusing legal landscape. Many are unsure of their rights and what the next steps are.
While many envision car accident cases automatically ending in dramatic courtroom battles, the reality is far more nuanced. However, understanding when a car accident might necessitate legal action is crucial for protecting your rights and securing fair compensation.
At Werner, Hoffman, Greig & Garcia, our dedicated car accident attorneys will defend your rights in and out of court. You can contact us online or call us at (800) 320-4357 to schedule a free consultation.
Car accidents are a leading cause of injury and death in the United States. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports hundreds of thousands of crashes each year. Often, this results in injuries and fatalities that leave victims and their families grappling with devastating consequences.
The force of a car accident can inflict a variety of injuries, ranging from minor to life-altering. Some of the most common injuries include:
The severity of these injuries significantly impacts the legal implications of a car accident.
In most car accident cases, the involved parties or their insurance companies reach a settlement agreement outside of court. This means they negotiate a compensation amount to cover medical bills, lost wages, and other personal injury damages, avoiding the complexities and time involved in a formal trial.
The insurance company representing the at-fault driver investigates the accident scene, gathers witness statements, and reviews medical records to assess the extent of the victim’s injuries. Based on their findings, they offer a settlement amount to compensate the victim for their losses.
The victim can then choose to:
While most car accident cases are settled out-of-court, in some cases litigation and a trial may still be necessary.
If the victim suffers severe car accident injuries with long-term consequences, the insurance company’s initial settlement offer might not be sufficient to cover all the damages. This could include:
In such cases, legal action through a lawsuit might be necessary to secure the full compensation the victim deserves for their long-term physical, emotional, and financial losses.
Insurance companies are always looking out for their bottom line, and they will avoid paying up if they think they can. The at-fault driver’s insurance company might act unfairly in several ways, such as:
When faced with such unreasonable behavior, taking legal action becomes crucial to hold the insurance company accountable and obtain fair compensation. Taking your claim to court may be the only way to recover the damages you’re fairly owed.
If the driver who caused the accident lacks insurance, don’t panic–you can still recover compensation after an uninsured driver accident. Many states, like Florida, require drivers to carry uninsured motorist coverage. That will take care of a large chunk of your damages.
However, your insurance may not fully reimburse you. In this case, a personal injury lawsuit can hold the motorist or their insurance carrier accountable for the damage they’ve caused.
In some cases, you may want to dispute a traffic citation a police officer issued after the car accident. For example, you may believe the officer issued your ticket in error or that you were not at fault for the auto accident. In that situation, you may need to contest the ticket in court.
The decision of whether or not to take your car accident case to court is ultimately up to you. However, a car accident attorney can provide valuable guidance and advice upon evaluating all the facts of your case.
You may have to consider the court process, especially when you have a good claim, but the insurance company is offering a lowball offer. Many prefer this option when there is a real possibility of securing higher compensation upon the determination of your case.
On the other hand, taking your car accident case to court can be time-consuming and rather costly. This is why most people prefer out-of-court settlements. It is, therefore, important that you carefully weigh your options.
When you are trying to find a car accident attorney near you, be sure to ask them about the likelihood of your claim going to trial, and if they are equipped to represent you in court. Seeking help from an experienced car accident lawyer will come in handy for several reasons:
In the event that you have to take your auto accident case to court, here are the main steps you can expect:
Your car accident attorney will file a legal document outlining the details of the accident, the other driver’s negligence, and the damages you’re seeking. The court will then issue a summons notifying the other party and requiring them to respond within a specific time frame.
During this phase, both sides will exchange information about the case, including evidence, witnesses, and expert opinions. Your attorney may take depositions of witnesses to gather testimony under oath. They will also request copies of relevant documents, such as medical records or police reports.
Before the trial, the judge may encourage both sides to attempt to settle the case outside of court. Your car accident lawyer will negotiate with the other party or insurance company to get you the best offer. If this is not possible, your case will move to trial.
At trial, both sides will present their case to a jury. Your auto accident attorney will present your opening statement, outlining your case and the evidence you intend to present. Witnesses will testify, and evidence will be presented to the court or jury.
After presenting the evidence in the car accident case, both sides will give their closing arguments, summarizing their case and urging the court or jury to find in their favor. The jury will then deliberate and reach a verdict. If they rule in your favor, they will determine how much you are entitled to.
Once the jury delivers its verdict, the court will enter a judgment based on the outcome. If you or the other party are dissatisfied with the verdict, you may have the option to appeal the decision to a higher court.
Car accidents are traumatic events that can leave victims struggling with serious physical injuries, mental health symptoms, and financial pressures. Depending on the severity of the auto accident and the resulting damages, car accident victims may be entitled to compensation for car accident damages such as:
The specific amount of compensation a victim receives will vary depending on the individual circumstances of the case. Seeking legal guidance from an experienced personal injury lawyer can ensure that your rights are protected.
Additionally, a car accident attorney will make sure the insurance company considers all of your potential damages fairly. Their goal is to maximize your compensation for your car accident damages.
Whether or not your case ends up requiring a court appearance, protecting yourself after a car accident can be a frustrating and difficult process. In these difficult times, a Florida car accident attorney can be an invaluable ally.
WHG has extensive experience handling car accident cases and can help you:
Dealing with the complexities of the legal system can be overwhelming, especially in the aftermath of a car accident. At Werner, Hoffman, Greig & Garcia, we understand what you’re going through. We have the skills and experience to help you through the trial process for a personal injury lawsuit.
Our team of Florida auto accident lawyers is ready to help you take the first steps toward recovery. Call us at (800) 320-HELP or contact us online to get started.
After a car accident, prioritize safety: check for injuries and call 911 if needed. Exchange information with other drivers, including names, contact details, and insurance. Document the scene by taking photos of damage and injuries.
Report the accident to your insurance company as soon as possible. Finally, start looking for a local legal team to represent you. WHG takes car accident claims in Doral, West Miami, Hollywood, Kendall, Homestead, and many other locations in Florida.
In Florida, the general statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. This means you have two years to file an auto accident lawsuit in court to seek compensation.
Florida follows a comparative negligence system. This means that even if you were partly responsible for the accident, you may still be entitled to compensation. However, the court will reduced the amount based on your degree of fault. For example, if you were found 20% at fault, your compensation would be reduced by 20%.
Slip and fall incidents are some of the most commonly reported cases in hospitals across the country. Often, people attribute the slip and fall accident to their carelessness or bad luck. However, it could be as a result of someone else’s negligence, in which case you may be entitled to compensation.
That is why you need an experienced slip and fall attorney to assess your case and secure your claim. Whether out of court or in trial, you need the best lawyer to aggressively pursue compensation. Start your search for a “slip and fall lawyer near me” with our capable legal team.
At Werner, Hoffman, Greig & Garcia, we have extensive experience in slip and fall claims and protecting clients’ rights. If you have suffered injuries in a slip and fall accident, call (800) 320-HELP or submit this online contact form to get started.
This article explains what to ask your potential attorney before hiring them to handle your slip and fall claim.
A slip and fall case is a type of personal injury lawsuit that occurs when someone slips, trips, or falls on another person’s property and sustains injuries as a result.
These cases often fall under the broader category of premises liability claims. To successfully claim compensation for slip and fall injuries, you have to prove that the property owner was negligent by failing to maintain safe conditions.
Common causes of slip and fall accidents include slippery surfaces (wet floors, spills, improperly waxed floors), uneven surfaces (potholes, broken sidewalks, uneven steps), and obstructions (clutter, loose objects, poorly lit areas).
Property owners have a duty to ensure that their business premises are safe from any dangerous conditions. However, they do not always fulfill this responsibility, which can lead to a serious slip and fall accident.
If you have been involved in a slip and fall accident in public or on another person’s property, you may have a claim against the other party. This is usually where you have sustained injuries or loss due to the incident, and you can prove the slip and fall accident was due to the other party’s negligence.
Getting a slip and fall lawyer is important since they will ably negotiate with the at-fault party for compensation or file your lawsuit where necessary as you focus on recovery. They will also assess your case to determine whether you need to pursue a personal injury claim before the legal timeline to file expires.
Searching for “slip and fall lawyer near me” will only get you so far. Before settling on who will best represent you, here are five important questions you should ask your potential slip and fall lawyer:
Is the lawyer’s area of expertise personal injury law? How long have they practiced in this field and what is their success rate?
It is important to hire a qualified personal injury attorney with solid experience and a proven track record to increase your chances of success. You can also gauge your potential lawyer’s reputation from client testimonials and reliable referrals.
To win a slip and fall claim, you must prove that the other party- usually the property owner -had a duty to keep the premises safe but was negligent, and this is usually a complex process. The answer will not assure a win or loss.
However, a competent personal injury lawyer should be able to assess whether you have a founded slip and fall claim against the property owner or the party being sued generally.
They will review the circumstances of your incident, the injuries you sustained, and any other relevant evidence to determine whether you have a solid case.
Your potential slip and fall lawyer can assess the estimated value of your case using the information you provide during your free consultation. This information includes how the slip and fall accident happened, the injuries you sustained, and any losses you have suffered as a result.
While it is difficult to guarantee a specific amount, a seasoned lawyer will be able to provide a reasonable estimate of your slip and fall compensation based on their previous experience with similar cases.
Always inquire about the slip and fall lawyer’s fee structure and general fees you will have to pay, should they take up your case. This not only helps you determine whether you can afford them, but also makes it easier to manage your budget as your case progresses.
Ask your potential slip and fall lawyer whether they work on a contingency basis. This means they will only deduct a percentage of what you will be awarded should they win the case. If that’s the case, discuss this percentage to avoid any unmet expectations in the end.
To better manage your expectations, having a rough idea of how long your case might take helps. Although all personal injury cases are unique in their own way, an experienced slip and fall attorney can give you an estimated timeline.
They may consider how complex the case is, whether your slip and fall lawsuit is likely to go to trial, the legal system in your state, and their overall experience with such cases.
Property owners have a duty to ensure safety within the premises by either removing any apparent danger or sufficiently notifying the public that a particular danger exists.
To prove that the fall was not your fault, the other party must be liable for negligence. That means, you must show that:
The negligent standard may vary from state to state, but your slip and fall attorney will know what proof you need. Proving this negligence can be a complex matter. That is why hiring an experienced slip and fall attorney is crucial to increasing your chances of getting compensated.
A Florida slip and fall lawyer can help you establish whether prior similar incidents have occurred. This could be evidence that the owner knew of a dangerous condition but failed to eliminate it.
To successfully prove your personal injury claim, you need to show that the property owner or manager had actual or constructive knowledge of the hazard that resulted in the slip and fall.
Actual knowledge means that they clearly were aware of its existence. Constructive knowledge means that due to certain circumstantial evidence, the owner must have or ought to have known that the hazard existed.
Such circumstantial evidence includes:
Generally, the damages awarded in a personal injury lawsuit can vary significantly depending on the circumstances of each case. For a slip and fall incident, you may be entitled to compensation for medical expenses and lost wages if your fall injuries prevent you from working.
Additionally, you may qualify for compensation for pain and suffering due to the slip and fall accident and the cost of repairs if your personal property was damaged.
In some cases, the court may award punitive damages if the property owner’s negligence was particularly reckless. However, punitive damages are typically only awarded in extreme cases.
At Werner Hoffman Greig & Garcia, top-tier legal representation is our commitment. If you or your loved one has been injured in a slip and fall incident, we can help review your case and fight for your claim.
With over 40 years of combined legal experience, our team of personal injury attorneys is well-equipped to handle your case. Let us help get you the slip and fall compensation you deserve.
Schedule a free consultation by contacting us at (800) 320-HELP or submitting this online contact form. We operate on a contingency fee basis, meaning you will only pay us if we win your case.
There are a key actions after a slip and fall accident you can take to protect your future claim. After ensuring your safety, immediately notify the manager or owner of the premises for an official incident report.
Seek medical care even when you feel fine especially if the impact of the fall was significant. The medical report is critical evidence of the extent of the injuries you sustained.
Some injuries may appear minor but only after a thorough medical check-up can you be sure. Until you have confirmed that there is no need to worry, contacting a lawyer is advised. Once you’re sure that the injury is ignorable, you may not need to contact a lawyer to pursue a claim.
Different states may have varying laws on the timeline to file a claim so make sure to ask your lawyer. In Florida for instance, you have two years from the incident to file a personal injury lawsuit.
The spinal cord is a critically important structure responsible for transmitting instructions from your brain to the rest of your body. When the spinal cord is injured, the consequences can be devastating. Spinal cord injuries are often severe, with significant and long-term effects on day-to-day life.
If you or a loved one has suffered a spinal cord injury, the physical, mental, social, and financial impacts can be overwhelming. However, with the help of an experienced spinal cord injury lawyer, you can recover the compensation you need to rebuild your life.
The spinal cord injury lawyers at Werner, Hoffman, Greig & Garcia are committed to helping victims defend their rights. You can contact us online or call us at (800) 320-HELP.
A spinal cord injury or SCI occurs when the spinal cord, a bundle of nerves that connects the brain to the rest of the body, is damaged. This damage can result in paralysis, loss of sensation, and other debilitating conditions.
There are two main types of spinal cord injuries: complete and incomplete. A complete injury results in total loss of function below the injury site, while an incomplete injury may leave some function intact. Additionally, spinal cord injuries can be classified as tetraplegia (paralysis of all four limbs) or paraplegia (paralysis of the lower body).
The complex nature of the spinal cord makes SCIs particularly challenging. The spinal cord is responsible for controlling movement, sensation, and vital functions such as breathing and bowel and bladder control. Damage to any part of the spinal cord can have far-reaching consequences.
Spinal cord injuries can result from a variety of traumatic events.
While these are some of the most common causes of SCIs, it is important to note that spinal cord injuries can occur in a variety of circumstances.
Even if you don’t think you’re injured, seek immediate medical attention after suffering any of these accidents or any other significant impact to the spine. You may have injuries you aren’t aware of, and early diagnosis can be crucial.
The long-term effects of a spinal cord injury are multifaceted and can significantly impact a victim’s quality of life. These effects can be categorized into physical, mental, social, and economic dimensions.
Spinal cord injuries can have a profound impact on a person’s physical abilities and overall quality of life.
Physical effects of an SCI can include:
The physical effects of an SCI can vary widely depending on the individual and the specific type of injury. It is not uncommon for SCI survivors to develop secondary conditions after their accidents. Though the consequences of an SCI can be severe, with appropriate medical care and rehabilitation, many individuals with SCIs can learn to manage these challenges and live fulfilling lives.
The psychological impact of a spinal cord injury can be as significant as the physical effects. Individuals who experience SCIs often face a wide range of mental and emotional challenges, including:
Coping with the mental and emotional challenges of an SCI requires a combination of professional support, social support, and self-care strategies. Therapy, support groups, and stress management techniques can help individuals navigate these difficult emotions and build resilience.
A spinal cord injury (SCI) can significantly impact an individual’s social life and relationships. The physical limitations imposed by an SCI often lead to challenges in social interaction and participation in activities, such as:
Overcoming these social challenges requires a combination of support, adaptation, and advocacy. Strong social connections, support groups, and accessibility accommodations can help individuals with SCIs live fulfilling lives.
The economic impact of a spinal cord injury can be substantial and long-lasting. The loss of independence and earning potential, coupled with increased medical expenses, can create significant financial strain on individuals and their families.
Managing the economic challenges of an SCI requires careful financial planning, and it’s crucial that victims receive fair compensation for the damages they’ve suffered.
Victims of SCIs suffer significant physical, emotional, and financial hardship, and are entitled to compensation for these damages. This compensation can help cover the significant costs associated with the injury and improve their quality of life.
Due to the potential severity and long-term harm of a spinal cord injury, settlement packages are often very large, especially if you have a skilled personal injury lawyer helping with the negotiations.
Compensation for victims of SCIs can include:
The exact amount awarded can depend on factors like your long-term earning potential and the strength of your legal case. Every case is different, so it’s important to consult with a spinal cord injury attorney for a personalized evaluation of your potential claim.
The physical and emotional toll of your spinal cord injury can make it difficult to deal with the legal process of obtaining fair compensation for your injuries. That’s where the help of an experienced spinal cord injury lawyer becomes invaluable.
A personal injury attorney can help by:
The team of neck and back injury attorneys at Werner, Hoffman, Greig & Garcia have extensive experience with spinal cord injuries. Our knowledge and skills can help you defend your rights and recover fair compensation for the short and long-term effects of a spinal cord injury.
To get started, you can contact us online or call us at (800) 320-4357.
The statute of limitations for spinal cord injury claims varies from state to state. In Florida, for instance, you have two years from the date of your injury to pursue a claim. Get in touch with an experienced spinal cord injury lawyer to make sure you meet all relevant deadlines.
If your spinal cord injury took place at work, you may be entitled to workers’ compensation benefits. These benefits can be crucial for covering medical bills and lost wages.
However, there’s a lot that can go wrong with a workers’ compensation claim, and more than half of all claims are initially denied. The help of an experienced workers’ compensation attorney can make sure you receive the compensation you need to recover from your workplace injury.
According to statistics cited by the Cleveland Clinic, spinal cord injuries are rare in the U.S. About 18,000 people sustain spinal cord injuries on an annual basis.
Car accidents involving pedestrians can be serious, resulting in severe injuries and high damages. Because motorists are occupying a large vehicle, we often assume that they’re at fault. But are they always the party to blame in pedestrian car accident cases?
Our team of personal injury attorneys here at WHG can help you sort out who is liable for your pedestrian accident, as we have extensive experience in this area of law. To discuss your case with us, schedule a free consultation by calling (800) 320-HELP or submitting a contact form.
In Florida, pedestrians are allowed to cross the street at any intersection, whether or not there is a marked crosswalk. Motorists are required to yield to pedestrians who are already in the intersection crosswalk.
If a pedestrian is crossing the street at a non-intersection, they must do so at a crosswalk. Motorists must also yield to pedestrians already occupying these types of crosswalks.
Pedestrian right-of-way laws can be confusing, and they’re different in every state. However, as long as you’re crossing in a crosswalk, waiting for a signal, and paying attention to your surroundings, you should be safe. Unfortunately, sometimes motorists don’t pay enough attention to pedestrians in crosswalks, resulting in accidents.
Motorists are often at fault for accidents involving pedestrians simply because drivers don’t pay enough attention to their surroundings, especially outside of other vehicles. Vulnerable road users, such as pedestrians, motorcyclists, and bicyclists, are more easily overlooked.
In accidents with both pedestrians and motor vehicles, the most common cause of pedestrian accidents is human error or negligence. When a driver doesn’t act with the utmost care or doesn’t put safety first when behind the wheel, it’s easy to see how accidents can occur.
The most common causes of pedestrian accidents where motorists are at fault include:
It’s not common for pedestrians to be at fault for an accident involving a motor vehicle simply because of the size difference. Unless pedestrians purposefully throw themselves in front of the vehicle, it can be difficult to pin fault and liability on them. However, there are a few instances in which a pedestrian can be at fault for a pedestrian car accident.
The most common cause of pedestrian accidents in which a pedestrian is at fault includes some kind of substance abuse, whether it be drugs or alcohol. If a pedestrian is under the influence and not paying attention, they could stumble into the street and get hit by a car.
If a pedestrian isn’t in a crosswalk, it can still be difficult to pin full liability on them. However, jaywalking can make both the driver and the pedestrian at fault for an accident because they both exhibited negligent behavior. In some states, this will mean that the pedestrian won’t be able to recover as much in damages.
For example, if they’re deemed to be 40% at fault for the accident, they’ll only be able to receive compensation to cover 60% of their damages. But again, this is uncommon, and the motor vehicle driver will likely still hold most of the fault.
Determining fault in car accidents can be complex and may differ depending on the state you’re located in. Generally, to determine fault, the circumstances of the accident will need to be not only explained but backed up with substantial evidence.
The police will put together an initial report with evidence from the scene of the accident, including photos, videos, personal statements, and witness statements. Then, your attorney and the insurance companies involved will delve deeper into the accident.
Your attorney will gather evidence that verifies your claims. For example, if you claim that the accident was caused by a driver who was speeding, your attorney may show pictures of tire marks indicating an abrupt stop. They may also showcase your medical bills and records to prove the link between the speeding accident and your injuries.
In some states, comparative negligence may come into play in car-pedestrian accidents. If both the driver and the pedestrian share fault for the accident, they’ll receive compensation accordingly.
This means that if you are 25% at fault for the pedestrian accident, the amount of compensation you could potentially receive is reduced by that much. Therefore, you could only receive 75%, or the amount that you’re not at fault.
Florida, however, is a no-fault state. This means that you can receive compensation no matter how much fault you share for the accident. Even if, as a pedestrian, you’re more than 50% at fault for your own injuries, you can still file a claim against your own insurance company for compensation.
If you’ve been hit by a car as a pedestrian, please contact our team of experienced and passionate pedestrian car accident attorneys to learn more about filing a successful insurance claim. Contact us online or at (800) 320-HELP to schedule a free consultation as soon as possible after your accident.
Immediately following a pedestrian accident, you should seek immediate medical attention for your injuries. If you’re able to stick around at the scene of the accident, you should collect any evidence possible, such as photos and videos.
You can also speak with any witnesses and gather their contact information. Before you speak with any insurance companies, make sure to contact an experienced pedestrian accident lawyer to protect your claim from early damage.
The amount of time you have to file a claim after a pedestrian car accident depends on the state you’re located in. In Florida, you have four years from the date of the accident to file a claim. However, it’s in your best interest to file a claim as soon as possible after the accident to preserve evidence.
Hiring a lawyer is not required, but it will help to ensure you get more compensation for your damages. Insurance companies want to settle for as little as possible as fast as possible. With a lawyer, they’ll know that you mean business. Without a pedestrian accident lawyer, you risk getting less than you deserve in compensation.
An injured pedestrian can receive compensation for both economic and non-economic damages. Economic damages include things like medical bills and lost wages, while non-economic damages refer mostly to pain and suffering.
