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Hiring a personal injury attorney is often the best thing that a person can do when they consider taking legal action. This could be because of an accident that they were involved in, medical malpractice, or a wrongful death occurred. Many people have developed a number of misconceptions about exactly what a lawyer does and what they can do for their personal injury case based off of what they see in the media. It is always highly recommended to talk to a lawyer but many people neglect to do this based off of these perceptions. Many people will forego seeing a lawyer about their case but will reconsider once they discover the complexities that may develop. Several details about a personal injury case can serve as red flags that you should absolutely consider talking to a personal injury attorney for the professional legal assistance you need.
It is totally understandable that the prospect of hiring an attorney or even just talking to a lawyer can be daunting. You have to trust a person to handle what can often be a very sensitive matter where a significant amount of money can be at stake. Seeing a lawyer may also come at a very stressful time for people. After an accident, a person will likely still be recovering from injuries they sustained or a loved one may be in recovery after being in an accident. There is a lot on someone’s plate and Eberst Law is no stranger to the stresses that someone faces in these trying times and are here to provide our expert legal services.
One thing that is common with all personal injury attorneys is that they are all happy to speak to you. Eberst Law is no exception and is more than happy to sit with you and discuss the details of your case and how they can help you in your pursuit of legal compensation. For a free consultation on your case, you can call Eberst law at 772-225-4900 or fill out a contact form online.
When seeking compensation for your injuries, legal action is often the route that accident victims are forced to take after suffering severe damages. This process can often be very complex and will require expert insight on how to ensure your case is successful in securing you compensation. Some cases may have certain details that will make them especially in need of an attorney’s expertise.
Many accidents that cause people significant injuries will actually have several parties that may be liable for the damages that victims suffer. Often times there will be a liable party that will seem obvious but further investigation can yield additional information about other parties that may owe you compensation for the injuries that you suffered. When multiple liable parties become involved in any case, things can become very complicated. The legal process, investigation, negotiations, etc. all become more difficult to manage and require an experienced professional to handle.
Injuries that are not permanent are bad enough but many accidents leave victims with significant injuries that will never fully heal and affect them for the rest of their lives. When someone suffers injuries like these, the level of compensation required to help them back onto their feet, so to speak, can increase greatly. Long-term costs to manage the effects of an injury add up and an experienced attorney is your best bet to ensure that you get the compensation that you need.
It is not unusual at all that an insurance company will outright deny a claim or simply ignore someone’s claim. It is important to remember that no matter what insurance companies are not your friend. Their bottom line is making money for shareholders which means paying out as little as possible. If they feel they can get away with denying compensation outright then they will try just that. An experienced attorney can help signify that you mean business and that you will take severe measures to ensure that you get the compensation that you not only need but deserve as well.
If you or a loved one has been injured and has sustained pain and suffering after the accident, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
Hiring a personal injury attorney is often the best thing that a person can do when they consider taking legal action. This could be because of an accident that they were involved in, medical malpractice, or a wrongful death occurred. Many people have developed a number of misconceptions about exactly what a lawyer does and what they can do for their personal injury case based off of what they see in the media. It is always highly recommended to talk to a lawyer but many people neglect to do this based off of these perceptions. Many people will forego seeing a lawyer about their case but will reconsider once they discover the complexities that may develop. Several details about a personal injury case can serve as red flags that you should absolutely consider talking to a personal injury attorney for the professional legal assistance you need.
It is totally understandable that the prospect of hiring an attorney or even just talking to a lawyer can be daunting. You have to trust a person to handle what can often be a very sensitive matter where a significant amount of money can be at stake. Seeing a lawyer may also come at a very stressful time for people. After an accident, a person will likely still be recovering from injuries they sustained or a loved one may be in recovery after being in an accident. There is a lot on someone’s plate and Eberst Law is no stranger to the stresses that someone faces in these trying times and are here to provide our expert legal services.
One thing that is common with all personal injury attorneys is that they are all happy to speak to you. Eberst Law is no exception and is more than happy to sit with you and discuss the details of your case and how they can help you in your pursuit of legal compensation. For a free consultation on your case, you can call Eberst law at 772-225-4900 or fill out a contact form online.
When seeking compensation for your injuries, legal action is often the route that accident victims are forced to take after suffering severe damages. This process can often be very complex and will require expert insight on how to ensure your case is successful in securing you compensation. Some cases may have certain details that will make them especially in need of an attorney’s expertise.
Many accidents that cause people significant injuries will actually have several parties that may be liable for the damages that victims suffer. Often times there will be a liable party that will seem obvious but further investigation can yield additional information about other parties that may owe you compensation for the injuries that you suffered. When multiple liable parties become involved in any case, things can become very complicated. The legal process, investigation, negotiations, etc. all become more difficult to manage and require an experienced professional to handle.
Injuries that are not permanent are bad enough but many accidents leave victims with significant injuries that will never fully heal and affect them for the rest of their lives. When someone suffers injuries like these, the level of compensation required to help them back onto their feet, so to speak, can increase greatly. Long-term costs to manage the effects of an injury add up and an experienced attorney is your best bet to ensure that you get the compensation that you need.
It is not unusual at all that an insurance company will outright deny a claim or simply ignore someone’s claim. It is important to remember that no matter what insurance companies are not your friend. Their bottom line is making money for shareholders which means paying out as little as possible. If they feel they can get away with denying compensation outright then they will try just that. An experienced attorney can help signify that you mean business and that you will take severe measures to ensure that you get the compensation that you not only need but deserve as well.
If you or a loved one has been injured and has sustained pain and suffering after the accident, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
Bicycling in Florida is a beloved pastime partaken by many both local and visiting. Beautiful beaches, nature trails, and morning work commutes are filled with cyclists taking their bicycles out. Unfortunately, many cyclists that take to the road end up suffering severe injuries as a result of collisions with motor vehicles. These injuries come in all shapes and sizes with unique ways of affecting a bicycle accident victim’s quality of life.
As a result of these severe bicycle accident injuries, many victims have their lives turned upside down with a number of damages. Some of the most common damages that bicycle accident victims suffer are expensive medical bills for things such as surgery, medications, doctor consultations, and physical therapy. Bicyclists can also end up out of work and miss out on wages that they could have possibly made while they were recovering from their injuries. On top of all of this, there is also an immense amount of pain and suffering involved with the injuries and trauma caused by an accident.
By filing a bicycle accident injury claim, a bicycle accident victim can take legal action to hold those that caused their injury accountable for their actions. In order to file a bicycle accident injury claim, there must, of course, be a significant injury suffered by the plaintiff in a bicycle accident. Also, that injury needs to be the result of an accident caused by the negligence of a liable party. Common liable parties for bicycle accidents will typically be the driver the accident although it is not limited to them. The driver could be driving a company car which can make their employer liable for the accident.
Regardless of who caused the accident, taking on a bicycle accident injury claim is no small matter. That is why it is strongly recommended that plaintiffs seeking compensation through a claim at least see a lawyer for a consultation on their case before attempting to handle things on their own. The lawyers of Eberst law are happy to give you insight on what legal options are available to you and provide some clarity as to how we can ensure that we can secure the compensation you need as your legal representation.
Bicycle accidents result in a few injuries that are significantly more common than others. You are not exactly likely to suffer a burn injury when you are hit by a vehicle but stranger things have indeed happened. The following are some of the major injuries that many bicycle accident plaintiff’s sue over more commonly.
One of the most potentially damaging injuries that someone can suffer in a bicycle accident is the traumatic brain injury. Traumatic brain injury is a blanket term used for injuries where the head suffers a blow from a physical force exerted on it that damages the brain. This force that acts on the head can either come from a direct physical blow like when someone hits their head on the ground after being thrown from their bicycle. Traumatic brain injuries can also be suffered through jerking and shaking motions of sufficient force that act upon the head.
As one would expect, the majority of those that suffer traumatic brain injuries because of bicycle accidents did not wear a helmet. It is a simple and effective way of significantly reducing the chance of suffering a traumatic brain injury. To fail to do so can mean dealing with the effects of concussions, brain contusions, or even penetrating brain injuries. All of these injuries may have minor differences but they all can cause cognitive issues that can be permanent.
When a bicyclist suffers immense trauma caused by behind hit by a vehicle, when they are thrown from their bicycle, or both they can suffer many broken or fractured bones. Common broken or fractured bones in bicycle accidents typically include broken legs, fractured clavicles, elbow fractures, broken wrists, and hand fractures.
The immense trauma caused by a bicycle injury can lead to the damage of a bicyclist’s nerves. Broken limbs and head injuries only expedite the damage done to the nerves that not only allow us to sense but also to control our limbs. In the worst cases of nerve damage, victims can end up suffering paralysis with milder cases resulting in loss of sensation in the limbs, weakness of the limbs, and a decrease in coordination.
Falling and hitting the ground or another object head-on is a possibility for a bicyclist in a bicycle accident. The result is likely some form of damage to the teeth called a dental injury requiring a certain degree of dental surgery. The severity of the blow can mean an accident victim either has to have a few teeth replace or require attention to their whole jaw structure.
Bicycle accidents are a serious matter that deserves and often need compensation from those that are liable. Negligent parties can be held responsible and bicycle accident victims have a right to take legal action against them because of their injuries. With a bicycle accident injury claim, you can ensure that your damages are compensated and that the mistakes that lead to your injury will be much less likely to happen again and injure someone else. With the lawyers of Eberst Law at your side, your case will have the utmost attention as your accident is investigated, settlements are negotiated, and compensation secured with clear communication to you while you focus on recovery.
If you have been injured in a pedestrian accident or bicycle accident in the Stuart or Gainesville area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. And there are no fees unless we recover for your injuries. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
Getting on a motorcycle and hitting the road at high speed is a thrill that many have come to enjoy. Motorcycles are an excellent form of transport and recreation that people of all ages use. Everyone that rides a motorcycle was a beginner at some point and all motorcyclists have made mistakes. Some of these mistakes can prove deadly and cause a serious motorcycle accident.
Some of the most common mistakes that beginner motorcyclists make can result in accidents that can cause severe injuries and even death. These mistakes can also factor into their pursuit of compensation for their motorcycle accident injuries. Beginning motorcyclists should be aware of these common mistakes in order to minimize their risk of being involved in a serious accident.
One of the most important things that all motorcyclists should do is wear appropriate protective gear while riding their motorcycle. The exposed nature of a motorcycle makes even the smallest accidents much more dangerous for the rider. The single most important piece of safety gear for a motorcyclist to wear is a helmet. Your chance of suffering a severe head injury or dying goes down significantly when you choose to wear a helmet that is up to federal safety standards. While it is strongly encouraged that you wear a helmet while riding a motorcycle, Florida law does not require you do. If you are over the age of 21 you do not have to wear a helmet but you are required to have $10,000 in medical payment insurance. Other safety gear that minimizes damage in an accident is proper footwear, padded clothing made for motorcyclists, and riding gloves.
A motorcycle injury claim can be negatively affected by the choice to not wear proper safety gear while riding a motorcycle. When trying to seek compensation for a motorcycle accident injury, a defendant will try to point out your own lack of care when neglecting to wear a helmet or other safety gear which will appear to contribute negligence. Florida has a comparative negligence policy which means that if both parties contributed negligence then the level of negligence that they contributed is compared and turned into a percentage which determines the amount of potential compensation a plaintiff can receive.
There are a plethora of choices when it comes to picking out a motorcycle. There are high-performance models, cross country, heavy-duty bikes, off-road, and hybrid motorcycles all especially suited for different riding situations. A general rule of thumb for beginner motorcyclists is to start on a simple bike with an emphasis on safety and dependability. It is a classic beginner mistake to want to immediately start riding the fastest bike possible. Too much power or speed can take a beginner by surprise and they will lack the experience needed to handle the high performance. It is dangerous to try and ride at high speeds when still learning to handle a motorcycle. The same can be said for more specialized motorcycles. It is important for motorcyclists to establish the needed bedrock of skills before trying more advanced models. It does not look good in a motorcycle suit when a brand new rider is involved in an accident when riding an expensive high-performance speed bike.
Many beginner motorcyclists get excited when they initially take to the road on their bikes. The thrill of riding around on a new two-wheeled vehicle at high speed is a prospect that many new riders relish and wish to experience often. This can often result in a lack of restraint when it comes to choosing when to rides their motorcycle. Many beginner motorcyclists may attempt to ride their motorcycle everywhere they can which isn’t the greatest idea as a novice. Long distance trips, rides involving heavy rain, and motorcycle trips to unfamiliar areas as a beginner are seriously discouraged since a beginner will not have the necessary experience to make such rides safely.
A beginner motorcyclist will want to share the enjoyment they receive from riding their motorcycle with friends or partners. This is understandable but discouraged since passengers can change how a motorcycle handles quite a bit. The additional weight on the back of the bike changes the balance, turning, and braking which may catch a beginner rider off guard and increase the chance of them being involved in an accident. The additional responsibility of a passenger’s safety is one that should be taken seriously and not left in the hands of a motorcyclist that is still a beginner.
Countersteering is an essential motorcycle maneuvering technique that involves turning the steering bar of the motorcycle in the opposite direction that a motorcyclist wished to turn at high speed. This technique is essential for split-second situations where a motorcyclist needs to take evasive action to avoid an accident. This kind of evasion will often happen at higher speeds when a motorcyclist least expects and may forget they need to countersteer. Beginner motorcyclists are known to make the mistake of forgetting this maneuver and accidentally turning into collisions.
If you have been injured in a car accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to speak to you about how we can help you recover compensation for the damages that you have suffered. Our lawyers have been handling motorcycle cases and getting clients settlements they are proud of for years. With Eberst law at your side, you can be confident that your case is in the hands of lawyers that will fight for you and pursue your right to compensation aggressively. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
One of the most common accidents that occur not only here in Florida but across the country is the rear-end accident. Many drivers suffer a number of severe injuries as a result of other vehicles colliding with the back of their vehicle. This can happen for a number of reasons but regardless of the cause, the injuries, such as whiplash, can be uniquely damaging.
Those that have suffered severe injuries as a result of a rear-end accident may be able to seek compensation for their injuries by filing a car accident injury claim. In order to file a car accident injury claim, a plaintiff must be able to prove that they have suffered severe injuries that merit compensation. Also, a plaintiff must be able to prove that a party liable for their injuries was negligent and that their negligence directly contributed to the accident that injured them.
This can often prove to be a bit more difficult than many car accident victims may anticipate. When a plaintiff files a car accident injury claim there are a number of things that they will have to take care of. There is the investigation of the accident, gathering of evidence, following proper legal procedure, negotiating with insurance companies, and much more that all need to be undertaken while a plaintiff is likely still recovering from the injuries they received in the accident. If you are considering filing a car accident claim then think about hiring a lawyer to assist you in your pursuit for compensation. The experienced attorneys of Eberst Law have served the people of Florida for years by getting victims of rear-end accidents the compensation that they need to pay off medical expenses, cover, lost wages, among other damages. If you have been injured in a car accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.
It is important to note that the fault for a rear-end accident lies with the car that ends up running into the back of another. Some people may argue that the car in front is at fault because they slammed their brakes and the car behind them was caught by their sudden deacceleration but Florida law maintains that all drivers are expected to leave enough room between themselves and the car in front of them so that in the event the front car has to emergency brake, there is enough room for the car behind to evade or brake as well.
There are several common scenarios that typically lead to rear-end car accidents.
When a driver comes across something like a pedestrian or some manner of obstacles like debris or another wreck then they will slam on their brakes to stop and avoid a collision. Unfortunately, a driver behind them may have been following too closely and will hit them from behind.
Some drivers may have poor vision either because of age, natural sight issues or they may be under the influence of certain substances. Regardless, the outcome is a difficulty gauging the distance needed to safely brake behind the car in front and a rear-accident typically ensues.
Some drivers may attempt to switch lanes but not take into account the distance between their vehicle and other drivers. A driver in the lane they are switching in may be caught unaware by the maneuver or the suddenness of the maneuver in a tight spot will not leave them enough time to react appropriately.
Drivers with road rage can cause accidents in a number of ways including rear-end accidents. Drivers may simply just be aggressive in nature and make reckless maneuvers that put themselves or others at risk of having another vehicle collide with theirs from behind.
Driver Distraction is one of the most common causes of accidents across the board. Whether it is motorcycles or semi-trucks, all motor vehicles can fall prey to driver distraction that takes not only their eyes but their minds as well off of the road ahead of them.
The best thing you can do when you are severely injured in a car accident is to seek a lawyer experienced in car accident injury claims. You technically could pursue a claim on your own but the odds of you successfully navigating the many pitfalls of insurance tricks and the legal process is greatly diminished. Insurance companies have everything they need to successfully deny a claim; as that is their goal since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, car accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved one are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a car accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
772-225-4900
Gainesville, Florida Office
352-269-0017
The month of June usually invokes thoughts of barbeques, beach trips and fun outdoor activities, but every Floridian knows that this extremely hot, muggy weather is often a harbinger of the dreaded “H” word: Hurricanes. Hurricane season officially begins on June 1 and spans for half the year until November 30. This year’s hurricane season is just weeks away, and it is alarming that a large number of Florida’s nursing homes and assisted living facilities are not up to par with backup power generator requirements, according to Sun-Sentinel newspaper.
The agency for Health Care Administration informed people that only 35% of the 684 nursing homes across Florida have installed the required generators. Governor Rick Scott tried to instate requirements for backup generators after twelve residents of the Rehabilitation Center of Hollywood Hills died in 2017 from illnesses and/or conditions related to Hurricane Irma taking out the Broward County facility’s air-conditioning system.
Since these traumatic deaths in the aftermath of Irma, Florida has revoked the license from the Rehabilitation Center of Hollywood Hills, concluding that this facility created an unsafe environment and that they didn’t take the appropriate measures to save lives after the air conditioning was knocked out. The nursing home was negligent in their actions as they did not evacuate the residents even as the temperatures became increasingly hotter even though there was a fully operational hospital with power across the street. Had this facility acted more carefully and responsibly, these twelve lives could have been saved and the suffering that many others went through could have been lessened.
At The Eberst Law Firm we recognize that every single life is valuable, and we encourage you to read our full article so that you are knowledgeable regarding what exactly constitutes Nursing Home abuse and/or negligence and you know what your legal rights are.
AllLaw.com explains how a nursing home or similar entity can be held legally responsible, meaning that a lawsuit can be pursued against said entity, when an act of negligence or abuse occurs on the premises that causes harm to a resident.
This same article goes on to outline some examples of negligent actions that can lay the grounds for a lawsuit being filed:
As far as the Rehabilitation Center of Hollywood Hills who allowed twelve residents to perish in South Florida’s sweltering heat, their negligence was in failing to have adequate backup generators that would kick on in a foreseeable, powerful south Florida hurricane and in failing to relocate the residents to a neighboring, fully functional and airconditioned hospital, which ultimately proved to be a lethal mistake. Yes, moving all of the residents would present its own unique set of challenges and potential perils, but it undoubtedly would have saved most if not all of the lives that were lost and caused much less pain and suffering for the residents who survived the unlivable, deadly heat.
If you or a loved one have experienced any type of nursing home abuse or neglect (or suspect that you have), please contact The Eberst Law Firm immediately for a free consultation. You can reach us by calling 772-225-4900 or by contacting us online. It is important to act as quickly as possible, as the perpetrator(s) often abuse and/or neglect more than just one person; the sooner the action is reported and dealt with, the sooner it will stop happening to both you (or your loved one) and other innocent residents. Also, we will more quickly be able to pursue a lawsuit against the responsible parties in order to achieve a fair settlement for you or your loved one.
https://www.sun-sentinel.com/news/florida/fl-ne-nsf-nursing-home-generators-20190417-story.html
https://www.wptv.com/3cfce7a013d44954bf1c9400eda2a6fd
https://www.alllaw.com/articles/nolo/personal-injury/sue-nursing-home-negligence.html
https://eberstlaw.com/2019/03/24/evidence-slip-and-fall/
https://eberstlaw.com/2019/02/13/pain-and-suffering/
https://eberstlaw.com/2019/02/13/pain-and-suffering/
We’ve seen it on movies, have dealt with it in real life, and have heard of others doing the same: when people are in an accident, all involved parties pull over, and the cops come to the scene to make sure a police report is created so that information can be exchanged and documented. However, what happens when this critical step is missed because someone flees the scene of an accident? According to an article from AAA, as a nation a hit and run happens more than once every single minute in America. Even further, the amount of hit and runs we have experienced as a nation has more than doubled since 2009. The same article from AAA also states that Florida is in the top three states that have the highest occurrence of hit-and-run fatalities. Similarly reported is that most hit-and-run incidents that result in fatalities deal with pedestrians or bicyclists, which leads to a common question: are people really sharing the road?
Hit-and-run tragedies are intensified when it involves a death as families and friends are left without closure and are sometimes unable to seek proper legal recourse if the perpetrator’s identity remains a mystery. In October, a young father of two from Opa-Locka was traveling home from a concert and was standing beside his disabled vehicle when he and his vehicle were struck by an unidentified driver, leading to his death. In September, an 85-year-old college professor was killed in Miami as he was struck as a bicyclist by a car whose driver fled the scene. A trial is currently ongoing regarding a case where a hit and run offender has been identified; in this case, a Sebastian doctor struck a pedestrian man with such a force that she fractured his skull and tore open his abdomen, which led to his death.
In Florida, when a driver flees the scene of an accident and commits a “hit-and-run”, it means that he or she has failed to stay at the scene of an accident involving either property damage, bodily injury, and/or death and has also failed to fulfill his or her statutory responsibilities regarding this crash.
Below is a simplified breakdown of penalties that will be enforced in regard to certain hit-and-run situations, according to the Florida Highway Safety and Motor Vehicles website:
Uninsured/Underinsured Motorist (UM) coverage is extremely important in Florida for several reasons, a primary reason being that Florida has the highest rate of uninsured drivers in the entire country according to a study that was performed in 2015. Uninsured/Underinsured Motorist coverage provides coverage for an individual if he or she in an accident with someone who is either uninsured or has minimal bodily injury (BI) coverage that doesn’t provide adequate coverage for his or her injuries.
Uninsured/Underinsured Motorist coverage is also very important in Florida because it will allow an injured party to seek compensation from his or her insurance company in the event of a hit-and-run accident. Insurance companies in Florida are supposed to handle hit-and-run accidents as if their insured were struck by an uninsured driver; this means the insurance company should pay out up to the limits of an individual’s UM coverage limits if he or she is involved in this type of crash.
Although insurance companies should handle hit-and-run cases while acting in their insured’s best interests, this isn’t always the case; the involvement of an experienced attorney in a hit-and-run case will help to ensure that the best settlement is obtained for the injured parties.
At The Eberst Law Firm we have handled hundreds of hit-and-run cases and have performed intensive research on these cases including: obtaining any and all scene surveillance, identify and interviewing and any potential witnesses, thoroughly analyzing the vehicle property damage for any clues, and alerting and questioning any entities that may be able to provide insight into the incident. These important, necessary steps have helped us to provide the finest representation for our clients who have been victims of hit-and-run accidents.
Contact The Eberst Law Firm today for a free case evaluation. You can call us at 772-225-4900 or contact us online here. We look forward to hearing from you.
https://newsroom.aaa.com/2018/04/hit-run-deaths-hit-record-high/
https://eberstlaw.com/2018/11/08/share-the-road/
https://www.flsenate.gov/Laws/Statutes/2018/316.061
https://www.carinsurance.com/uninsured-motorist-coverage.aspx
Much to the delight of parents and older generations, but to the dismay of many younger folks, the laws regulating texting while driving in Florida have been made stricter, largely due to the daunting correlation between deaths and texting while driving.
The laws have been advanced to the point where texting and driving is now a primary offense versus a secondary offense, and this transition is scheduled to happen on July 1, 2019. This law will bring Florida on board with 44 other states who have already qualified texting and driving as a primary offense.
Everyone knows that texting while driving isn’t ideal and that it is inherently dangerous, but in the past, little was done to enforce the action. Rick Scott signed a bill in 2013 that made Florida the 41st state to prohibit texting while driving; however, as a secondary offense, cops couldn’t pull over drivers breaking this law unless they were first violating another, more severe law, such as running a red light or rear-ending someone. Now, with texting and driving being a primary offense, officers can pull over people who are texting and driving and issue them a ticket. Additionally, this law also places more restrictions on the types of devices that can be used while a motor vehicle is travelling through a designated school crossing, school zone or road work zone.
At The Eberst Law Firm we recognize that texting while driving may be a norm for you or some of your loved ones, but we urge you to please read our entire article so that you can become more informed as to the severity of the issue and be knowledgeable about Florida’s changing state laws.
You might ask yourself: is texting and driving really that bad to where such a strict law is needed? Commonly, people justify the behavior in their own mind by saying that it is “just one text” or “it only takes a second”. However, the statistics have been analyzed, and according to a recent article published by the Orlando Sentinel, texting while driving has become so lethal that it now kills more young people than drunk driving. TheZebra.com, a comparison website for those shopping around for car insurance, claims that texting while driving is six times more likely to cause a car accident than drunk driving. Similarly, the same article on TheZebra.com states that 40% of teen drivers said they have been in a motor vehicle when the driver used a cell phone in a way that led to a car accident. Please review our article to further read about the dangers of distracted driving.
The penalties for texting and driving in Florida have not changed. As far as costs:
*Court costs and fees also apply and could increase the amount of the fine(s).
Additionally, drivers who are pulled over for texting and driving will also lose 3 points on their driver’s license(s).
It is legal and will still be legal to text at a stoplight or text while your vehicle is not moving. Also, it is legal to receive text messages in relation to the navigation and/or operation of your vehicle along with safety related text messages, such as Amber alerts, or emergency weather alerts.
If you have been hit by someone who was texting while driving, please call our office immediately for a consultation at 772-225-4900. We are prepared to fight for you to ensure that we recover the highest settlement possible for you from his or her insurance company. Additionally, we have the capability to recover and review the phone records for the at fault party to prove that they were on the phone at the time of the crash and make sure that there is absolutely no question with the insurance company as far as who was liable for the crash.
Sources for “Florida’s New Texting and Driving Law Explained”
https://www.orlandosentinel.com/opinion/os-op-florida-texting-driving-now-illegal-scott-maxwell-20190501-story.html
https://eberstlaw.com/2019/03/10/smartphones-distracted-driving/
https://www.palmbeachpost.com/news/20190507/floridas-new-texting-amp-driving-law-what-you-need-to-know/2
https://www.thezebra.com/texting-and-driving-statistics/
Auto accidents never come at a good time, but unfortunately, sometimes they happen at the worst imaginable times. Imagine undergoing an extensive back surgery after falling off a horse and fracturing your back, only to be negligently struck by a careless driver a month post-surgery which causes the previously experienced pain to quickly return to your back. This type of situation, although not very common, does occur, and it causes the injured party to ponder a multitude of questions about how these pre-existing injuries will come into play regarding their auto accident claim.
In the legal field and in relation to auto accidents, a “pre-existing injury” is an injury or medical condition that existed prior to the person being involved in the auto accident. Regarding your auto claim, the pre-existing injuries that are the most significant are the ones that are worsened by or reactivated by the auto accident.
Some examples of pre-existing injuries include:
Florida abides by the “eggshell plaintiff doctrine”, which means that the individual(s) responsible for an auto accident are completely liable for all of the injuries that the injured party sustains, meaning that it doesn’t matter if the victim was in perfect health before the crash or had pre-existing injuries at the time of the crash. This doctrine holds that by law, the injured, innocent party involved in the crash must be accepted in the condition they were in at the time of the crash, even if they had what is commonly referred to by attorneys as an “eggshell skull”. Of note is that this doctrine applies to any and all injuries sustained (including mental injuries, such as PTSD), not just injuries to the skull.
The theory behind this principle explains that the innocent, injured party’s skull might be as fragile as an eggshell (either from pre-existing injuries, age, or genetics), thus, the smallest contact from a crash may cause severe injuries. If this is the case, all that should come into play during settlement negotiations according to the eggshell doctrine is the fact that the injuries were severe, regardless of the fact that the injuries were sustained due to such a slight amount of contact. Under the eggshell doctrine, in cases involving pre-existing injuries that have been aggravated or exacerbated by an auto accident, the victim would be due compensation for the injuries if two things were in place:
For example, if your grandmother is rear-ended in a very low-speed crash and her left hand is forcefully crushed between her chest and steering wheel as a result of the crash, but she has severe pre-existing arthritis in her left hand, the eggshell doctrine holds that if she requires immediate surgery on her left hand, that the negligent, at fault-party’s insurance company would be 100% responsible for this left hand surgery.
At The Eberst Law Firm we are prepared to fight for you and research every single law that will come into play during your claim while using these laws to work for the highest possible settlement for your case. We understand that pre-existing injuries can be a part of life, and we know that you don’t deserve to be unjustly denied a fair, full settlement because of an injury you sustained in the past that was otherwise not bothering you up until you were injured in an auto accident.
Although it may seem counterintuitive to disclose your pre-existing injury to the insurance company, if done so with the help of an experienced attorney, it can help your case by adding credibility to your claim. It is very important to only disclose any pre-existing injuries to the insurance company with the assistance of a personal injury attorney, as insurance companies utilize many tricks in order to try and weaken or hurt your claim. One of the most common defense tactics used by insurance companies is to discredit your claim by insisting that your injuries are only pre-existing, which often leads to the insurance company failing to make an offer or making a minimal offer on your claim.
For more information regarding other deceiving tricks and tactics that insurance adjusters use, please read our article titled, “Insurance Adjuster Tricks That Devalue Your Car Accident Claim”.
The Eberst Law Firm works diligently and closely with clients every day, and we know exactly how to handle communicating with the insurance company regarding pre-existing injuries in order to accurately and fairly relay information while protecting the integrity of our clients’ cases. We are prepared for the tactics that the insurance adjusters use, and we will use our own strategies and experience to ensure that your case will never be jeopardized by an overly inquisitive insurance company.
Contact The Eberst Law Firm today by calling 772-225-4900 or by filling out our online form to discuss your case. You can rest assured that we will give you our full attention, fight for you passionately, and ultimately, resolve your case for the highest possible settlement amount.
Sources for “Pre-Existing Injuries and Florida Auto Accident Claims”