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Is there really such a thing as Full Auto Insurance Coverage?Imagine meeting with your insurance agent, requesting to have complete auto coverage in the event you are involved in a crash, and then later sustaining severe injuries in a traumatic accident to only discover that your insurance provides minimal coverage for your treatment and only pays for some of your vehicle’s repairs. “Full coverage” means different things to different consumers, and even differs amongst insurance companies and insurance agents. For this reason, amongst others, it is very important to learn about the different types of insurance coverage so that you know exactly how you will be covered in the event of an auto accident.
At The Eberst Law Firm, we would like to help you become aware and knowledgeable about the different types of auto insurance coverages so that you can elect coverages that are in line with what you would expect to be compensated for in the event you are involved in a crash.
The Florida Highway Safety & Motor Vehicles website advises, “Florida’s minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL)”. PIP coverage provides payments toward one’s initial medical bills up until $10,000 is paid out, and PDL coverage pays for damages that one has caused to another person’s vehicle in a crash.
Florida is one of the only states in the entire country that doesn’t require either bodily injury coverage or uninsured/underinsured motorist coverage, both of which are coverages that are pursued through personal injury cases. At least one of these types of insurance coverage must be available for an attorney to pursue a case for a victim of a car crash in Florida. The Balance, a financial assistance website, has compiled a list of each state’s insurance requirements, as found on each state’s insurance commissioner’s websites. Florida’s leniency regarding auto insurance requirements makes it even more imperative to understand insurance terminology.
PIP is the most basic insurance coverage that will pay for your injuries due to an auto accident, and this is the auto insurance information that most of your medical providers will be requesting. Your PIP is the insurance that is “first in line” when you are involved in a crash. It seems counterintuitive to some to provide their insurance company information for billing purposes when someone else was at fault for the crash, but that is the law in Florida. PIP is also known as “No Fault Insurance” as this is the coverage that all initial medical treatment must go through in Florida. Regardless of who is at fault for a crash, your treatment will first go through your own insurance company’s PIP until it is “exhausted” once the $10,000 has been paid out. It is important to remember that PIP pays out only 80% of your medical bills (and 60% of your lost wages, if you choose to use it for this).
PIP coverage applies to you, your child, members of your household, certain passengers who don’t have their own PIP insurance, so long as they don’t own a vehicle. If you are a passenger in someone else’s car involved in a crash and have your own insurance, then your PIP will cover you; on the flipside, if you have a passenger in your car and this individual has their own insurance, then their PIP will cover them. Additionally, PIP covers you if you are struck by a car as a bicyclist or pedestrian.
Below are some types of coverages that may not be automatically included if you ask your insurance agent for “full coverage”.
As you can see, insurance terminology and concepts are not always easily delineated or understood. It is always extremely important to speak with an experienced attorney who specializes in the field of personal injury if you or a loved one have been involved in an auto accident. These unique types of claims can only be fully understood by an attorney who has handled these claims for years. The experienced attorneys at The Eberst Law Firm are here to help. Contact us online or by calling (772) 225-4900 for a free consultation.
Additional Sources for “Clarifying the Misnomer of Full Auto Coverage”
https://www.flhsmv.gov/ddl/frfaqgen.html
https://www.thebalance.com/understanding-minimum-car-insurance-requirements-2645473
https://www.nationwide.com/lc/resources/auto-insurance/articles/how-does-gap-insurance-work
Truck drivers are known to struggle with a number of issues that accompany their difficult lifestyle. The trucking life is not for everybody and it definitely shows. Semi-truck drivers are much more likely to suffer from serious health issues such as obesity, diabetes, alcoholism, and addiction to drugs. These health issues, especially addiction to drugs, make semi-truck accidents significantly more likely to occur. Truck drivers turn to substance abuse for a number of reasons related to the trucking lifestyle, and they all hurt both truck drivers and the people they share the road with.
Truck drivers must operate their vehicles for exceptionally long amounts of time in which they are seated and staring at the same road view stretching on continuously. This has a way of wearing a person down and leading them to seek respite in a number of different vices. Some of the drugs that semi-truck drivers turn to as a result of their job’s conditions include:
The most common drug that is used amongst truckers is Cannabis, more commonly known as marijuana or weed. The usage of cannabis amongst semi-truck drivers has become even more prevalent since many states have now legalized its recreational use. Semi-truck drivers that go across state lines will partake much more often when they run across a legal cannabis state.
The drug is also very commonly used thanks to the variety of forms it can take. Cannabis can be used as an oil or edible or smoked or inhaled with vapor. Drivers typically use it for its psychoactive effects and the high commonly associated with it though it has been shown that excessive use of cannabis can impair driving skills, especially when driving a demanding vehicle such as a semi-truck.
Truckers will sometimes turn to amphetamines in order to keep aware and stimulated when driving long hours. Amphetamines are commonly also known as uppers or speed and give users an increase in vigor and awareness that truckers seek to avoid falling asleep at the wheel. Amphetamines have been shown to have severe effects on a person’s health and can lead truckers to put themselves in dangerous driving situations.
While it is a stimulant like amphetamines, cocaine is still different. Cocaine is known to be exceptionally addictive and causes serious heart issues especially among drivers that are unable to exercise regularly. Like other stimulants, cocaine causes a user to have heightened awareness and increased energy that amps them up.
A study of truckers showed that 30% admitted to using amphetamines. Even more truckers have been found to regularly use cannabis while behind the wheel. Drug use can distract a driver from the task of driving and increase accident chance. The health effects of drug use can sometimes lead to a health emergency while behind the wheel. Behaviors where truckers rely on stimulants to help combat drowsiness run the risk of a driver figuratively crashing after too much use and then literally crashing as a result.
The best thing you can do when you are severely injured in a semi-truck accident is to seek a lawyer experienced in semi-truck accident injury claims. You technically can pursue a claim on your own but the odds of successfully navigating the many pitfalls of insurance tricks and the legal process are greatly diminished. Insurance companies have everything they need to successfully deny a claim as that is their goal, since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, truck accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved ones are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a truck accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601
One of the most common forms of recreation for children in this country is swimming and other water-related activities. Whenever water is involved, children can be at risk to suffer severe injuries by nearly drowning. It is imperative that all safety precautions must be taken when children are at play near water in order to avoid these kinds of injuries. Unfortunately, there are all kinds of ways people can be negligent and contribute to a child suffering a near-drowning injury. These parties that contribute negligence can often be held liable for these injuries and be the target of legal action seeking compensation for damages.
Those with children that have suffered near-drowning injuries because of a liable party’s negligence have the right to file near-drowning injury claims. By filing these claims, a plaintiff can seek compensation from liable parties for damages such as medical expenses, disability, as well as pain and suffering. By proving that a liable party was negligent and that their negligence contributed towards a child’s near-drowning accident, a plaintiff can make their case for compensation.
Handling a near-drowning claim on your own is a sure way to risk mistakes that can decrease the value of a settlement that you may receive. Proving a liable party’s negligence takes evidence gathered through thorough investigation and experience as well as evidence for what to look for. Negotiating skills are also essential on top of an understanding of the legal process and all the nuance that comes along with it. Allow the experienced lawyers of Eberst Law to handle your case and give it the best chance possible of securing the settlement that can help stabilize your life. To contact Eberst Law either fill out an online contact form or call our office at 772-225-4900.
Near-drowning is essentially when someone almost suffocates to death due to submersion underwater. Liquid can enter the lungs and prevent the intake of oxygen but it can also cause lingering issues such as the following.
Pneumonia: A lung infection that may occur after a near-drowning because of liquid that filled the lungs. The air sacs in the lungs can swell as a result of the infection and cause difficulty breathing.
Hypothermia: a condition that occurs when the body temperature drops too low for a long period of time. Organ failure may develop and cause death.
Acute respiratory distress syndrome (ARDS): A sudden and very serious condition that occurs when the lungs swell and fill with liquid. This condition causes severe shortness of breath and may lead to respiratory failure. Respiratory failure means the person cannot breathe well enough to get oxygen to the cells of his body.
Brain edema: Swelling in the brain caused by fluid buildup. It may be caused by brain cell damage that occurs from a lack of oxygen for a long period.
When it comes to who exactly may be at fault for the near-drowning of a child the liability can come from several sources and sometimes several sources at once. One of the most common liable parties is the owner of the property where a child nearly-drowned. Cases like this rely on premises liability and hold property owners accountable since they have a duty to their guests to ensure water recreation and the environment is safe within reason. Children can sometimes be hurt because of negligent pool design, poor supervision, and other negligent conditions.
In other situations, a child may be injured in a near-drowning because they were using a product that helped to contribute to the accident. Product liability holds manufacturers, product designers, or retailers accountable for the damage their product did because of its negligent design, manufacturing flaws, or failure to put proper warning labels. Children can nearly drown because of defective pool products like pool toys, diving boards, ladders, pool cleaning equipment, etc.
If you have had a child suffer a near-drowning injury because of a liable party’s negligence then do not hesitate to contact Eberst Law about your options for taking legal action. Near-drowning injuries cause serious damages that can alter the course of a child’s life for the worse. Eberst Law specializes in cases such as these and can provide you the specialized knowledge and experience that you will need to get the settlement that you need.
When you have Eberst Law in your corner fighting for you, your case will receive the personal attention of lawyers ready to aggressively pursue compensation for the damages your child suffered. Your case will receive the resources and knowledge of attorneys that have handled drowning injury cases successfully for a number of plaintiffs that have suffered similarly to you. To contact Eberst Law you can either fill out an online contact form or call our office 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
Fireworks, pool parties, BBQ- the Fourth of July is known as a time of celebration as we rejoice in America’s freedom and celebrate the persevering American spirt, but this festive time also leads to various types of injuries. The United State Consumer Product Safety Commission (CPSC) advises, “on average, 180 people go to the emergency room every day with fireworks-related injuries in one month around the July 4th holiday”. The most common injuries deal with hands and fingers, followed closely by legs, and they estimate that nearly half of these injuries were burns. Additionally, The CPSC also advises that the highest rate of fireworks-related injuries occur among children ages 10 to 14 years old.
In addition to injuries at home, parties, or events, The University of Alabama’s Center for Advanced Public Safety performed research and concluded the fourth of July is the deadliest holiday to be on America’s roadways, and they listed impaired driving, increased speeds, and lack of seatbelts as contributing factors.
Insurance Journal published an article last July stating that in 2017, there were 8 deaths, and 12,900 people who went to the hospital with injuries from fireworks accidents. One of these deaths dealt with a 4-year-old girl from Wisconsin who died from shrapnel when a metal tube of sparklers exploded after being set off by her father. Another tragic death of a child dealt with an 11-year-old boy who was home alone in Kansas playing with the fireworks when a device blew up and a piece of metal went into his neck. In both of these instances, it doesn’t seem that the manufacturer was liable for a defective product, but it is important to retain an experienced attorney in order to explore liability and potential negligence.
If the manufacturer of the fireworks was negligent, a wrongful death lawsuit can usually be brought on by the surviving family members of the deceased with the assistance of an experienced personal injury attorney. Please read our article to obtain information regarding our expertise in the area of Wrongful Death cases.
At The Eberst Law Firm we have handled thousands of wrongful death cases, and we know how heartbreaking this experience is. We are prepared to handle your case in entirety so that you can focus on healing and recovering from your tremendous loss. Let us evaluate your case and fight for you so that we can pursue justice on your behalf.
The National Highway Traffic Safety Administration (NHTSA) states that during July 4 of 2017, 237 people were killed in drunk-driving crashes, which comprised 39% of the traffic fatalities during that holiday time. Please read our article here, subsection “Drunk Driving Leads to Unnecessary Deaths & Makes Our Road Hazardous” to learn more about the effects that alcohol has on your body and your driving.
Remember, when in doubt, always choose another option beside driving when intoxicated: spend the night with a friend, get a hotel, call an Uber or Lyft ride, or have a friend or family member take you home. Anyone would rather get a call from you asking for a ride rather than a call advising that something terrible has happened to you.
The CPSC offers several helpful tips to ensure that people avoid injuries from fireworks, including:
Please call us as soon as possible at 772-225-4900 if you or a loved one have been injured by fireworks or were in an accident as a result of someone else’s negligence on the Fourth of July. We will begin working on your case immediately and relentlessly, and we are here to answer any of your questions along the way.
Sources for “Injured on the Fourth of July?”
https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Fireworks
https://blog.americansafetycouncil.com/six-most-dangerous-holidays-to-be-on-the-road-2/
https://www.apr.org/post/move-over-new-year-s-fourth-july-most-dangerous-holiday-drivers
https://eberstlaw.com/2018/12/21/drunk-driving-in-florida/
https://eberstlaw.com/2019/04/16/road-rage-car-accident-risk/
https://www.wbay.com/content/news/4-year-old-dies-from-house-explosion-433825833.html
https://www.livescience.com/65845-firework-injuries-july-4.html
https://www.nhtsa.gov/drunk-driving/july-4th-celebrate-americasafe-and-sober
https://eberstlaw.com/2019/06/19/you-cant-outrun-the-law-dangerous-driving-in-florida/
https://eberstlaw.com/wrongful-death/
Nursing homes are a setting where many elderly loved ones expect to live out their golden years in peace and relative safety. These facilities are expected to provide security, peace of mind, and medical care needed by the more fragile elderly residents that call them home. Some facilities fail in their duties to provide these amenities and even basic liberties we sometimes take for granted. As a result, elderly nursing home residents suffer through abuse that is painful both physically and mentally and results in significant damage.
When an elderly loved one suffers injuries because of nursing home abuse it affects all those they are close to and can leave lasting scars both physical and mental. Those that caused this damage to an elderly loved one can be held liable for their negligence through a nursing home abuse lawsuit. By proving that a liable party was negligent and that their negligence caused the injuries sustained by the plaintiff, a nursing home abuse victim can recover the compensation needed to cover things like medical expenses and therapy for mental trauma.
Eberst Law is a Florida personal injury law firm that specializes in providing experienced and specialized legal representation to those wishing to file nursing home abuse lawsuits. Our lawyers have the legal insight and resources that you will need to secure the compensation your abused loved one deserves. Consider speaking to Eberst Law about what our legal team can do to ensure that your rights are fought for and that you get a settlement that you are satisfied with. To contact Eberst Law, you can either fill out an online contact form or call our office at 772-225-4900.
Elderly residents of nursing homes may be at risk to suffer physical abuse at the hands of nursing home employees. This abuse can often leave nursing home residents with severe injuries due to their age rendering them especially vulnerable to harm; not to mention any health issues they likely may be facing. Physical abuse of elder residents of nursing homes can often come in several forms such as beatings, improper restraints, and forceful neglect by refusing meals or basic freedom to move about.
Physical abuse in nursing homes can occur for a number of reasons. A staff member may simply have not have been properly vetted and have violent tendencies, nursing homes may be understaffed and cause the few staff available to lash out in frustration against residents, and in some cases, nursing home staff may simply be sadistic. Nursing home physical abuse comes with common telltale signs such as bruising, unexplained and recurring injuries, malnutrition, and staff refusing to allow residents to be alone with friends and family.
Many nursing home residents can be the victims of sexual abuse at the hands of nursing home staff. Predators may look at nursing homes as easy opportunities to take advantage of often physically frail residents. Residents of any age, sexuality, or gender can potentially be victims of sexual abuse. This abuse can cause physical damage to residents and will often be accompanied by physical abuse as well. The psychological effects that come with nursing home sexual abuse can also be incredibly severe as well.
The financial assets of many nursing home residents can be stolen and taken advantage of by nursing homes and their staff. Sometimes money or other valuables may end up getting stolen by nursing home staff. In other cases, a nursing home may wrongfully charge residents for services and products or they may overcharge residents. Nursing home financial abuse can also take the form of blackmail or extortion where the staff may threaten residents with violence or other leverage to get money. Occasionally, nursing home staff may actually steal the identities of nursing home residents for a number of malicious reasons.
Nursing home residents can be very vulnerable to mental illnesses such as depression and anxiety that can be aggravated by the negligent behavior of nursing home staff. Emotional abuse of nursing home residents can occur when they are kept in isolation, they are denied visitation by friends and family, nursing home staff ignores them, they are verbally abused, they are humiliated, and are manipulated by nursing home staff into emotionally compromised states. Emotional abuse of nursing home residents can reflect on their physical health as well as their mental health. Nursing home residents suffering from emotional abuse are much more likely to suffer from malnutrition, dehydration, self-inflicted injuries, and even increased risk of suicide.
If one of your loved ones has suffered while under the care of a Florida nursing home, consider speaking to Eberst Law about the legal options available to you when it comes to holding those accountable for their negligent actions. Nursing home abuse cases come with a level of sensitivity that the lawyers of Eberst law are all too familiar with. These cases can cause significant damage to elderly loved ones that trusted these facilities to ensure that they would be taken care of to the best of their ability.
Eberst Law fights aggressively for those we represent that have suffered abuse at the hands of nursing homes. Your case will have our personal attention and communication between you and our lawyers is key in ensuring that you are taken care of in such a difficult time. While you focus on personal affairs, the Eberst Law team will be investigating, negotiating, and fighting on your behalf to ensure you get the compensation you need through a nursing home abuse lawsuit. To schedule a consultation with Eberst Law you can either fill out an online contact form or call our office 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
Patients place an immense amount of faith in their medical care provider’s abilities to correctly detect and treat the medical issues they are facing. For the most part, doctors and other health professionals use their years of schooling and experience to identify and treat the maladies that affect their patients. However, there are many instances when a medical professional can fail to diagnose or may misdiagnose a medical issue that may be affecting a patient. When this happens, patients can suffer significant injuries and damages.
When a doctor misdiagnoses a patient’s condition because of negligence and causes them to suffer an injury then they may be considered guilty of medical malpractice. Medical malpractice is defined as when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient. Victims of medical malpractice will often suffer extensive damages caused by related injuries. These damages will often drastically affect a victim’s life both financially and mentally.
In the event that the misdiagnosis was caused by negligent medical malpractice, a medical misdiagnosis victim can seek compensation for the damages they suffered by filing a medical malpractice claim. By comparing the negligent actions of a medical provider that was negligent to similar professionals to gauge whether they violated the expected standard of care, a plaintiff in a medical malpractice claim can make their case for receiving the compensation they are owed. Eberst Law has helped numerous victims of injuries caused by medical malpractice and can provide you with experienced legal representation in your medical malpractice claim. To schedule a free consultation with Eberst Law you can fill out an online contact form or call our office at 772-225-4900.
The diagnosis of an illness is the determination of the health issue that is affecting a patient as determined through the study of symptoms and the carrying out of tests ranging from blood tests to MRI’s. Misdiagnosis is when the determination of what exactly is ailing a patient is incorrect, overlooked, or simply a failure. As one can imagine, this can cause quite a bit of damage when an injury is not treated correctly or is not treated at all. Injuries that may require urgent treatment can go without the urgent care that is needed. In other cases, treatment may be given for a misdiagnosed condition and the treatment can actually have a negative effect on the health condition that is actually affecting a patient. Forms of treatment such as surgery can be done to treat the wrong medical condition and expose a patient to all the risks associated with surgery such as infection and other complications unnecessarily. In other cases, medication may be prescribed to treat a condition that was misdiagnosed but it may either have no effect on the patient because of the misdiagnosis or in the worst case scenario, aggravate the actual medical condition a patient has.
Medical professionals in many positions have to go through years of schooling and training before being able to practice medicine but despite all this preparation negligence can still occur. Doctors are still human and make mistakes and demonstrate negligent behavior. One of the most common reasons a medical condition is misdiagnosed is because a doctor fails to order the appropriate tests in response to a patient displaying certain symptoms. In other cases, a doctor may not pay attention to certain aspects of a patient’s medical history or there may be a clerical error that gets the wrong information to a medical provider.
The symptoms of a heart attack can often be mistaken for symptoms of indigestion or anxiety. As a result, a patient could miss out on the immediate treatment needed to address dangerous and often life-threatening heart attacks
Much like heart attacks, strokes can have their symptoms mistaken for other health issues of much less life-threatening and emergency natures. Younger patients that may experience strokes are especially at risk to have their strokes misdiagnosed as migraines or intoxication.
The most commonly misdiagnosed disease in the country is cancer. Cancer can occur in numerous areas that cause a variety of different symptoms that can be mistaken for being caused by other health conditions. Doctors can easily miss cancers altogether.
Mental illnesses are also at risk to be misdiagnosed. The most commonly misdiagnosed of these mental illnesses is depression. Many doctors do not look out for these mental illnesses or may simply not have the training to properly recognize them.
If you or a loved one have sustained an injury because of medical misdiagnosis or failure to diagnose a medical condition then do not hesitate to contact the medical malpractice attorneys of Eberst Law immediately. Our lawyers are happy to sit with you to discuss the details of your claim and provide some options on how you can go about taking legal action. Eberst Law has the medical malpractice experience you need in order to get the compensation you deserve after a painful surgical error.
The lawyers of Eberst Law understand that injuries caused by malpractice can turn your life upside down. Allow our lawyers to assist you in your pursuit of compensation by assisting in the investigation of how your malpractice occurred, securing evidence that can prove a liable party’s negligence, negotiating with the insurance company, and guiding you through the legal process. When you hire Eberst Law as your legal representation, you ensure your case is in the hands of experienced lawyers that will fight for you.
Contact Eberst Law today at 772-225-4900 or online for a free, no-risk consultation about your injuries.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601