Sunday, 27 March 2016

Is the Rear Driver Always at Fault in Orlando Rear-End Car Accidents?

According to the National Transportation Safety Board (NTSB), over 1.7 million rear-end collisions happened in a single year in the United States, making this the most common kind of automobile accident in the U.S. Many rear-end crashes are caused by the negligence of one of the drivers involved and, in most situations, people automatically look at the rear driver to blame. However, the rear driver is not always at fault in this type of accident and it is important to understand Florida laws on the matter if you are involved in a rear-end collision.

Florida law regarding rear-end accident liability

Historically, Florida law mandated that the driver in the back should always be held at fault. This presumption of fault was justified by the assumption that, if a driver was unable to stop in time to avoid a collision, they were following the other vehicle too closely.

However, in 2012, the Florida Supreme Court issued a decision that gave hope to rear drivers involved in collisions. The Court held that while the presumption of fault still exists, the rear driver has the opportunity to present evidence that the front driver's negligence caused or contributed to the accident. Even if both parties were partially at fault, Florida's comparative fault law still allows partial recovery for accident-related losses.

Ways the front driver can be negligent

There are many different ways that a front driver can cause or contribute to a rear-end car accident. The following are some examples of negligence of a front driver in this type of situation:

•    Cutting closely in front of another vehicle (“cutting them off”)
•    Failing to check their blind spot before changing lanes
•    Erratic braking with no warning or noticeable reasoning
•    Having faulty taillights or brake lights
•    Trucks with trailers that are not properly visible
•    Slamming on brakes at high speeds
•    Losing control of the vehicle

These are only a few of the many ways a front driver's negligence can lead to a rear-end crash. It is important to remember that even if you were not paying attention or acted in a negligent manner yourself, it still may be possible to receive some compensation if the front driver also contributed to the accident.

Learn how an Orlando automobile injury attorney can help you

An experienced car accident attorney will know how to evaluate the circumstances surrounding you rear-end collision to determine your legal rights and options. Even if the front driver was not negligent, a lawyer can assist you with your own insurance claim to ensure your medical costs and other losses are covered. Please do not hesitate to call the office of J. Allen Law, P.L.

Note: Above is a simplification and a brief overview provided for informational purposes only. There are additional considerations and exceptions that could be applicable to your specific circumstances. You should not rely on any information provided here and should seek an experienced and caring litigation attorney as soon as possible before making any decisions.

Monday, 21 March 2016

What Steps Should I Take To Protect My Legal Rights After A Florida Car Accident?

Automobile accidents can be traumatic events. In the wake of an accident, it is only natural that those involved may be disoriented and unsure of how to act or what to do. However, how you act following an accident can significantly impact your ability to recover for your losses. In order to preserve your legal right to compensation for your medical expenses and other losses, there are some steps you can take in the hours and days after the collision.

Seek medical attention – If emergency personnel suggest that you be transported in an ambulance, you should follow their advice as you may have sustained serious injuries. Even if you do not need an ambulance, it is always important to undergo a medical evaluation as soon as you can after the car accident. Many injuries have symptoms that arise over time and are not immediately recognizable. Having a doctor perform tests can help to diagnose any injuries so that you receive the treatment you need. In addition, medical records can serve as proof of your diagnosis and can tie your injuries to your auto accident.

Take notes and photos – If you are physically able to stay at the scene, you should make notes of the names and contact information for anyone else involved in the accident and any witnesses. You should also either make notes or take photos of the weather and road conditions, the damage to the vehicles, and any other seemingly noteworthy circumstances. These notes and pictures may not only refresh your memory of the accident but can serve as important evidence should a legal case be necessary.

Follow the instructions of all medical professionals – If your doctor recommends that you rest and take medication, you should rest and take the medication. If they suggest physical therapy, you should attend therapy sessions. If you fail to follow medical instructions of your doctor, it may be argued that your injuries were not as serious as you claim. Arguments may also be made that your injury would have healed faster and caused fewer challenges for you had you followed medical recommendations.

Keep a journal – It is often difficult to remember how much pain or impairment you experienced on a particular day due to your injuries. For this reason, it can be helpful to keep an ongoing journal to not only record any medical care, equipment, or supplies you required but also to keep track of how your injury and pain level affected your psychological well-being and physical capabilities.

Be careful when speaking with insurance companies – Because Florida has no-fault insurance laws, you will have to go through your own insurance company first to try to get compensation for your accident-related losses. While you may believe that you can trust your insurance company to cover all of your losses—after all, you pay premiums every month—this is not always the case. Like any other business, insurance companies want to protect their bottom line, so they often seek ways to deny claims. Saying to your claim adjuster that you “feel fine” may seem like an off-hand, meaningless exchange, however, the adjuster may use such comments to limit your recovery. In addition, many insurance settlements are well below the full value of your claim. If you accept an initial settlement and then realize it is not sufficient, you lose the right to then ask for more compensation.

Discuss your situation with an experienced personal injury lawyer in Orlando

After an auto accident, you should always consult with a skilled automobile injury attorney who can protect your legal rights. An attorney should always review all insurance offers before you accept them and can negotiate for a higher settlement if needed. An attorney can also identify when a legal claim is necessary and appropriate for a full financial attempt at recovery.

Note: Above is a simplification and a brief overview provided for informational purposes only. There are additional considerations and exceptions that could be applicable to your specific circumstances. You should not rely on any information provided here and should seek an experienced and caring litigation attorney as soon as possible before making any decisions.

Monday, 14 March 2016

Get Maximum Benefit from Your Car Accident Injury, Hire an Attorney

Life is unpredictable at every step. Nobody can certainly say that an accident or a mishap will not take place at any certain time. You or someone you care about can be a victim of a bad situation like an accident. But the real question is- are you well prepared to face such kind of circumstances? Most of us are not, but we could definitely change that and at least plan to handle the aftermath of it. A personal injury is a common thing in an accident, but skills of a personal injury attorney in Orlando is worth the fees you are going to pay.

Why is there any need to spend your valuable money on an attorney? Well, he is the only person who is legally equipped to protect you in case of complex rules involved in such an event. Depending on the injury you have suffered, the compensation amount may vary. Besides, no insurance company would want to shell out money to a victim in a simple manner. The lawyer can help to bring out the necessary amount within short time.

The types of injuries may be different; a car injury attorney in Orlando may help you get the compensation depending on the severity of the damage or loss. A person may experience minor, severe or permanent damage from a car accident injury. In the major cases, getting assistance from an experienced attorney will help the client to get the most out of the claim. You can remain relaxed even if your insurance company is refusing to pay. The attorney will take care of everything. You can find such a lawyer through recommendation from friends, relatives, colleagues or from reliable sources on the internet.

Tuesday, 8 March 2016

Slip and Fall Accidents can Result in Surprisingly Serious Brain Injuries

At some point in your life, you will inevitably slip and fall down. In most cases, a fall may cause minor bumps or bruises and may certainly bruise your ego. However, in other situations, a seemingly simple slip and fall accident can result in serious injuries with long-term implications. In fact, the National Safety Council (NSC) has reported that nearly 9 million visits to the emergency room per year in the United States result from slip and fall injuries. Many of these ER patients may require extensive medical care for fractured bones, neck and back injuries, serious contusions, and more. One particularly concerning injury that can result from a slip and fall is a serious traumatic brain injury (TBI).

How can a fall result in a TBI?

When you slip or trip, you often have little control over where or how you land. Whether you fall forward or backward, there is a good chance you may hit your head on the ground or on any shelves or nearby objects. Anytime you hit your head, you run the risk of sustaining a TBI. A TBI is damage to the brain tissue from the brain hitting the skull and it most often occurs from direct trauma to the head. The damage can occur directly beneath the point of impact or even on the opposite side of the head.

Traumatic brain injuries are classified as mild, moderate, or severe. Severe TBI can cause long-term or even permanent symptoms, which can result in serious impairments and disabilities for victims. Many severe brain injuries result from fall accidents, including same-level slip and falls.

Signs and symptoms of severe traumatic brain injuries

One of the most telling signs that you have suffered a severe TBI is the loss of consciousness. While some victims lose consciousness for a brief period of time, others may be in a coma for days or weeks. After awakening from a coma, many people suffer from some form of amnesia. In addition, severe TBI victims often suffer from serious problems with the following:

•    Concentration, attention, and focus

•    Balance, coordination, strength, and other motor functions

•    Long and short-term memory loss

•    Sensory perception

•    Understanding basic communications and directions

•    Verbal and written communications

•    Personality and behavioral changes

•    Anxiety, depression, and other emotional conditions

•    Sleep disorders

The above symptoms can last for an extended period of time and can often be permanent. According to the Centers for Disease Control and Prevention (CDC), approximately 43 percent of severe TBI victims still experience impairments one year after the injury and more than 5 million individuals in the U.S. live with a disability stemming from a TBI. These impairments can prevent a TBI victim from working, driving, attending school, having meaningful relationships, participating in everyday activities, or even from living independently.

Who can be held liable for my brain injury-related losses?

Brain injury victims can incur extensive financial and intangible losses as a result of the following and more:

•    Emergency trauma care

•    Extended hospitalization

•    Physical and occupational rehabilitation

•    Psychological treatment

•    In-home assistance

•    Assisted living facilities

•    Loss of income, benefits, and earning capacity

•    Psychological and physical pain and suffering

•    Lost enjoyment of everyday life

One of the first questions a slip and fall victim with a TBI asks is: can I receive compensation for my losses? Fortunately, in many cases, the answer is “yes.”

If you slipped and fell simply because of your own clumsiness, you may not be able to recover for your losses. However, many slip and falls occur because of a hazardous condition on the premises. Property owners who fail to keep their premises in reasonably safe condition and who allow hazards to exist can be held liable for any injuries that result from the dangerous property. This includes injuries to people who slip and fall due to unsafe flooring, obstacles in walkways, unsecured cords, and similar hazards.

Consult with an experienced Orlando personal injury attorney today

If you have sustained a TBI or any other type of injury in a slip and fall accident and you suspect that the property owner was negligent, you should always discuss your legal rights with a qualified personal injury lawyer. At the office of J. Allen Law, P.L., we help injured individuals in Orlando and throughout central Florida receive the compensation they deserve. from negligent parties. Don’t hesitate to call us for a free fifteen-minute consultation at 407-205-2330 today.

Note: Above is a simplification and a brief overview provided for informational purposes only. There are additional considerations and exceptions that could be applicable to your specific circumstances. You should not rely on any information provided here and should seek an experienced and caring litigation attorney as soon as possible before making any decisions.