The Mitchell Law Firm, P.A.The Mitchell Law Firm, P.A.2024-03-15T14:10:21Zhttps://www.themitchelllawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1602730/2021/07/cropped-mitchell-law-site-icon-32x32.pngOn Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469822024-03-15T14:10:21Z2024-03-15T14:01:31ZAfter a truck accident, the first step toward recovery is seeking medical attention. Next, victims must gather and organize all pertinent information related to the accident and injuries. This includes medical bills, repair estimates, and any lost earnings from the accident. This information is crucial as it forms the basis of the claim that will be filed with the insurance company.
Despite having all the necessary information, settling the claim can still be complex. Certain situations can escalate and necessitate going to court.
Issues with the insurance company
In Florida truck accidents, there are several scenarios where going to court might become necessary. One scenario is if the insurance company refuses to offer a fair settlement. Insurance companies are businesses. They may try to protect their bottom line by offering lower settlements that don't cover all damages like medical expenses, lost earnings and other related costs.When they offer the minimum payout possible, the claim can become complicated and may require court intervention.
Problems with assigning liability
Another scenario occurs when parties dispute who is at fault for the accident. Florida follows the pure comparative negligence principle. This principle means that even if the injured party is partly the cause of the accident, they can still recover damages.However, the compensation is reduced based on how much they were at fault. If the other party argues that the victim contributed to the accident in some way, and the injured party disagrees, a court may need to resolve the dispute to determine the exact degree of fault.
Working through the complex legal system
Florida has a four-year statute of limitations for personal injury claims, including truck accidents. This means those injured have four years from the accident date to file a lawsuit. Resolving a truck accident claim can be lengthy and involves various steps such as filing legal documents, gathering evidence and presenting arguments in court.A legal professional can assist victims in meeting all necessary deadlines and following the correct procedures. They can also negotiate with insurance companies on the victims' behalf and represent them in court.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469812024-03-08T14:35:07Z2024-03-08T14:35:07Zwith an uninsured driver.
Getting compensation from your insurance
If you get into a car accident where the other driver does not have insurance coverage, you could get compensation from your insurance instead. Some insurance policies cover the damage you incur when the other driver is not insured or has insufficient coverage. Having Uninsured Motorist Coverage on top of the State-required insurance coverage would be helpful in situations like this. However, you must prove that you are not at fault for the collision. There are also documents needed for your insurance claim, such as medical records, police report, evidence relating to the accident and proof that the other driver is uninsured.
Sadly, getting compensation through your insurance company could pose challenges, whether you are at fault or not. There are insurance companies that will try to deny your claims. Getting compensated through your Uninsured Motorist Coverage could be even more challenging.
Getting compensation from the at-fault driver
You could pursue a claim from the at-fault diver through a lawsuit. As they are uninsured, they will have to compensate you from their own pocket. At times, the driver without insurance could not have enough assets to provide you with ample compensation. The court may provide steps to help you get the compensation you deserve, but this could take a long time. Sometimes, you may not even get it at all. The assistance of a personal injury lawyer would benefit you in this battle.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469802024-02-29T03:29:44Z2024-02-29T03:29:44Zphotograph an accident scene so that you’re getting as much value out of those pictures as possible. Let’s take a closer look at how you can ensure that the pictures you take will help position your personal injury claim for success.
Tips for taking accident scene photos
Some pictures are better than no pictures, but there is a right and a wrong way to photograph your accident scene. To get the most out of your pictures, be sure to do the following:
Take pictures of the accident scene as soon as possible: The scene of an accident can quickly change. It might start raining shortly after your accident, or the vehicles involved in the wreck could be moved. Try to capture the scene and its surroundings as soon as possible after your wreck so that you can give jurors a realistic picture of what it looked like. If you’re unable to take those photos, consider having a friend or family member take them for you.
Capture details: It’s better to take too many pictures than not enough. So, capture every detail you can from broken windows and deployed airbags to impact points, tire marks, and vehicle resting positions.
Photograph the surrounding area: The area surrounding your accident can be just as important as the accident scene itself. This includes nearby traffic signals, stop signs, speed limit signs, intersections, and obstacles to visibility. Be sure to take pictures of the surrounding area from various angles, too, that way you’re sure to capture everything.
Capture the scene with and without flash: Depending on how you take your pictures, either with or without a flash, you may end up with blurry images. So, be sure to take pictures several different ways so that you capture the clearest images possible that’ll be helpful to your case.
Take pictures of witness contact information: It seems easy enough to write down contact information of witnesses, but whether you or a loved one is jotting it down, the adrenaline can cause transcriptions errors. If a mistake is made in writing down this contact information, then you might be unable to contact a witness who could be key to your case. So, it’s better to have the witness write out their contact information and then take a picture of it.
What do you do with the pictures once you have them?
Once you have accident scene photographs, store them in a safe place so that you can easily refer back to them when you need to in your personal injury case. Also be sure to share these photos with your attorney since they can be crucial pieces of evidence.
Then, think through how your photographs can be used in conjunction with the rest of your evidence to present a persuasive personal injury case. Hopefully then you can rest assured that you have the strongest case possible under the circumstances, aimed at recovering the compensation you need and deserve.
]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469792024-02-23T17:07:51Z2024-02-23T17:07:51ZDo you have a viable claim?
When pursuing a slip and fall lawsuit, every detail counts. Recovering compensation involves pinpointing what led to your fall. Did the bar staff wait too long to clean up a spill? Were certain areas slippery with no warning signs?
Florida law requires nightclub owners to maintain a safe environment to protect patrons from harm. They could be liable for damages if they overlook known hazards such as wet floors and broken stairs. They must warn guests if there are immediate dangers that they cannot resolve quickly.
To hold the nightclub accountable, you must show that the owner knew or should have been aware of the unsafe condition but failed to act. If you slipped on a spill that occurred seconds ago, the establishment might not be liable since the staff had no chance to address it.
Additionally, you must link the nightclub’s negligence to your injuries and prove that it led to damages such as medical bills or lost wages.
Slip and fall lawsuits are more complex than they seem
Solid evidence and a strong argument are vital to a slip and fall lawsuit, but unexpected hurdles may impact the outcome of your case. If the nightclub proves that you were more than 50 percent responsible for your injuries, you could lose your right to compensation. Being drunk during the incident should not stop you from seeking damages, but it can make proving fault more difficult.
Liability and negligence laws in Florida are complex concepts. After an accident at a nightclub, it may be best to talk to an experienced attorney. Their knowledge and experience can help you better understand the requirements and potential of your claim.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469782024-02-13T09:09:37Z2024-02-13T09:09:37ZConnecting the dots between improper cargo loading and accidents
Here are some of the ways improper cargo loading can increase the risk of truck accidents, which may lead to property damage, personal injury or fatalities:
Uneven weight distribution: When there is improper distribution of cargo weight, it can be difficult for drivers to maintain control of the truck. Specifically, they may have difficulty steering, which can be particularly dangerous on curves, inclines or in high winds.
Unsecured cargo: Improperly secured cargo can move or fall off the truck, creating road hazards for other vehicles or causing the driver to lose control of the vehicle.
Overloading: Exceeding the truck's weight limit can strain the vehicle's brakes, suspension and tires, leading to mechanical failures that can cause accidents.
Impaired visibility: Improperly placed cargo can block rearview mirrors, affecting the driver's ability to see other vehicles and road conditions properly.
Increased stopping distance: Trucks carrying heavier load require more distance to come to a complete stop. If the cargo is heavier than what the truck can handle, the vehicle may not be able to stop in time and cause an accident.
Based on the instances mentioned above, even a minor error in handling cargo can lead to life-changing consequences.
Holding the right people liable immediately
In truck accidents, the more time that passes, the harder it may be to recover evidence proving liability, such as confirming that there was improper cargo loading resulting in the truck crash. Hence, it is advisable to seek legal guidance as soon as possible to ensure the victim’s and their family’s rights remain protected.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469772024-01-30T15:42:19Z2024-01-30T15:42:19Ztake the following steps after a crash:
Check if anybody is injured
Call 911 immediately
Notify your insurance company
Collect information
Seek medical attention even if you feel fine
All these steps are essential, but information can play a big role in any insurance or legal process. Here's what to keep track of:
Details about the other driver and their car
Exchange information with the other driver involved in the accident. Obtain their full name, driver’s license number, phone number and insurance company information.
Also, take note of their vehicle, its make, model, color and license plate number. Snap photos or take videos from all angles to have a visual record. This can help you in case you don’t remember specific details later on.
Documentation of the accident scene
Document what you can regarding the accident scene thoroughly. Capture the placement of the cars, your vehicle’s condition, any skid marks and nearby road signs or signals. Take a few wide-angle shots that cover the entire scene.
If there are witnesses, try to obtain their contact details. They might be willing to recall what they saw. Their statements, along with your photos, can be vital in figuring out who was at fault.
Police reports and medical records
When you call 911, the police will arrive to examine the scene and make an official report. Jot down the responding police officer’s name and badge number. You may need these details to request a copy of the report at the station.
Your medical records are also crucial for backing up your claim. You might not spot any injuries right away, but it's wise to see a doctor regardless. Keep track of all medical visits, treatments and advice you get. These could help you if injuries emerge or legal issues arise later.
Be careful about the information you share
It’s important to cooperate, but be mindful of the information you share, mainly when talking to an insurance company. Don't admit fault or make any statements that could be used against you. Be cautious about signing any documents without a lawyer present.
Gathering the correct information after a car accident can allow you to build a case properly against the other party. It can also serve as evidence that can help you protect yourself and your rights. If you have any worries while interacting with the other driver or an insurance company, consider seeking advice from an attorney familiar with Florida's laws.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469762024-01-22T07:09:43Z2024-01-22T07:09:04ZYour injuries may be more severe than you realize
The initial shock of a car crash can trigger your body to release adrenaline. Adrenaline courses through your body, potentially dulling any immediate sensations of pain. While helpful in the aftermath of a crash, this natural defense mechanism can lead you to underestimate the severity of your injuries. It is common for car accident victims to walk away feeling unscathed, only to experience significant discomfort or debilitating symptoms hours or even days later.
Untreated injuries can lead to long-term health complications and a delayed recovery process. By obtaining a timely medical evaluation, you can secure an accurate diagnosis and a tailored treatment plan that supports your road to recovery.
You can use medical records as evidence
Medical records play a pivotal role in any legal proceedings related to the accident. Should you need to pursue compensation for your injuries, comprehensive documentation of your medical visits, treatments and prognoses becomes crucial. Insurance companies may also scrutinize claims for evidence of injury. After all, they would want to pay as little as possible. Without proper medical records, they might question the validity of your claim, which may affect your ability to receive just compensation for medical expenses and lost wages.
You may have suffered psychological trauma from the crash
Another concern is the subtle yet profound impact on your mental health. Accidents are traumatic events, and the psychological effects can be as severe as physical injuries. Medical professionals can assess not only your physical condition but also your mental well-being. They can provide or recommend supportive services to help you cope with the emotional trauma.
The expenses that come after a car accident can be a lot to deal with, especially for someone who is also trying to recover from the injuries. But always remember that there are ways to get financial relief. Florida allows even those who may have caused an accident to recover compensation. Always put your health first and worry about the expenses later.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469732024-01-10T22:10:09Z2024-01-10T22:10:09ZCar accidents can be detrimental to victims. Depending on their severity, they can result in injuries, medical expenses and even emotional distress. In the state of Florida, the negligence rule applies after such accidents. This rule helps determine the rights and compensation available to those seeking relief after a crash.
Understanding how this rule works and the potential benefits it offers is essential when pursuing compensation.
Recovery of damages
Florida is a no-fault state, which means that the first step after a car accident is typically filing a claim with your own insurance company. However, in cases where the accident is severe, victims may step outside of the no-fault system and seek damages from the party at fault. This is where Florida's negligence rule comes into play. The rule allows victims to recover both economic and non-economic damages. Economic, or monetary, damages are tangible losses, such as current and future medical costs, the loss of earnings and property damage. On the other hand, non-economic damages refer to intangible losses, such as psychological pain, emotional distress and the loss of life enjoyment.
Compensation under the rule
Florida follows a "pure comparative negligence" rule. Unlike in some states, even if it finds you partially at fault, that won't completely prevent you from receiving compensation. Instead, your percentage of fault will simply reduce the amount of damages you can claim. For example, if you are 20% at fault for a car accident, your total compensation will be adjusted accordingly. In this scenario, if your total damages amount to $80,000, you can still recover 80%, or $64,000, from the other party. This rule can significantly benefit car accident victims by allowing them to get a portion of their damages even if they were partly liable for the accident.
Guidance through the process
In the event of an accident, it's possible that insurance companies could inflate your percentage of fault to reduce damage awards. This can create a distressing situation. To try to avoid this and receive appropriate guidance when working through the legal difficulties of a personal injury claim, consider seeking the assistance of an attorney.]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469722024-01-22T19:52:41Z2024-01-03T07:38:27ZThe insurance claim process can feel confusing and overwhelming, especially as you are still struggling with the aftermath of the accident.
Filing your claim
The first step is filing your claim with the insurance company. After that you must provide evidence and documentation of the accident and your damages.
Once your insurance company receives your claim and evidence, they will make you a payout offer. Do not be discouraged if the first offer you receive is low and not enough to cover your expenses.
Insurance companies sometimes send out a low offer hoping you will take it, but they know that there is a chance you will decline the offer and attempt to negotiate a better one. The following tips can help when you begin the negotiation process.
Why you should not accept the first offer
You might be tempted to accept the offer because you need the money right away. However, accepting the first offer is often a bad idea not only because it is generally intentionally low, but because you may not know the full extent of your injuries and losses yet.
Some injuries are not immediately apparent after a car accident, while others might require long-term treatment that you do not know about yet. Insurance companies might pressure you to accept their offer and settle but do not give in to them if you do not yet know the full extent of your injuries.
Have good evidence and documentation of your damages. Insurance companies want you to prove every loss you have suffered. Have copies of your medical bills and employment record to prove any lost wages.
Non-physical damage such as pain and suffering are more challenging to prove. Keep a daily journal or record of how you are feeling and any activities that you are missing because of your injuries. This can help prove mental or emotional distress.
Obey your doctor's orders
Follow all instructions from your doctors or medical providers. Evidence that you have not participated in required treatment or followed your doctor’s advice means an insurance company can argue that you made your injuries worse and try to use that to justify a lower payout.
Make sure you know your insurance policy inside and out. This will save you time by not negotiating for damages not covered by your policy. If you have questions on language in your policy, there are professionals who can review your policy with you and even negotiate on your behalf.
]]>On Behalf of The Mitchell Law Firm, P.A.https://www.themitchelllawfirm.com/?p=469712023-12-22T20:30:56Z2023-12-22T20:30:56ZDrunk driving and Christmas fatalities
Car travel remains the primary mode of transportation for journeying across the country to spend the holidays with loved ones. Apart from slippery roads, there are other hazards to watch for when driving: impaired drivers.
As this is a time for merriment, there is an increase in alcohol consumption which gives rise to drunk driving. A 2022 report from the Florida Highway Safety and Motor Vehicles (FLHSMV) highlights the pervasiveness of this issue. The month of December has the highest number of crashes involving impaired drivers.
Although December brings cheer, the season is not an excuse to forego safe driving practices. If you know you’ll be consuming alcoholic beverages, plan ahead and appoint a designated driver to take you home. On the other hand, if you are hosting a gathering, prevent guests who’ve consumed alcohol from getting behind the wheel.
It is difficult to tell if another driver is drunk or distracted, but more so when you are too. Don’t let a car accident hamper your holiday celebrations. Keeping yourself and others safe by remaining responsible on the road can go a long way.]]>