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Compensation for Personal Injury Victims

By Car Accidents, Personal Injury

Greg Linehan Law: Advocating for Just Compensation and Optimal Results for Personal Injury Victims

Personal injuries can be physically and psychologically devastating, especially when they are a result of someone else’s negligence. When faced with such circumstances, it is crucial to seek the expertise of experienced attorneys who can navigate the legal complexities and ensure that victims receive the compensation they deserve. At Greg Linehan Law, our dedicated team of personal injury attorneys employs a practical and professional approach to help clients achieve a full and fair recovery for their injuries.

Comprehensive Legal Assistance for Personal Injury Cases

Greg Linehan Law specializes in a range of personal injury cases, including auto accidents, medical malpractice, defective products, slips and falls, and negligent conditions. Regardless of the type of injury sustained, our attorneys strive to provide exceptional representation, ensuring clients recover their losses and receive just compensation.

Case Results That Highlight Our Commitment

To showcase our dedication to achieving optimal results for our clients, we present three case study examples where our expertise and commitment to justice were on full display.

Case Study One: John Doe Motorcycle Accident

In this case, our client, John Doe, was riding his motorcycle when a vehicle turned in front of him, leading to a severe crash. As a result, Mr. Doe suffered multiple fractures in his legs and pelvis, necessitating emergency and non-emergent surgical procedures. Our office wasted no time and initiated contact with the insurance company, offering them multiple opportunities to settle the case for the policy limits of $500,000.

However, the defendant’s insurance company failed to make any counteroffer or explore settlement negotiations until legal action was taken against them. After undergoing extensive litigation and two mediations, the insurance company conceded and settled for $1,000,000 plus property damage. The amount recovered was $513,791.85 over the policy limits. This case serves as a reminder that prompt response and willingness to negotiate could have saved the insurance company additional expenses associated with litigation.

Case Study Two: Injured College Students

Two college students, a brother and sister, were driving together when another vehicle failed to stop at a red light, resulting in a collision. The brother suffered a serious head injury, and both students sustained injuries. Guided by our team, the clients received comprehensive medical treatment to aid their recovery. Our attorneys worked diligently to secure the best possible settlement amount by sending offers to both the bodily injury insurance company and the uninsured/underinsured motorist insurance carrier. Negotiations resulted in maximizing the settlement amount, allowing both clients to receive the compensation they deserved.

Case Study Three: DUI Victim Settlement

Our client, a 22-year-old, was driving home late at night when a driver under the influence crossed the center line, colliding head-on with her vehicle. She suffered a fractured pelvis, requiring extensive medical intervention and emergency surgery. Despite a positive test for alcohol and marijuana, the driver responsible failed to respond to settlement offers. Consequently, legal action was taken against both the driver and owner of the vehicle, leading to a successful resolution. Our office secured a settlement of $550,000 for our client, compensating for damages, medical expenses, lost wages, and pain and suffering.

Our team is committed to advocating for the rights of victims and ensuring they receive just compensation for personal injury victims’ losses. With extensive experience in civil litigation and a deep understanding of insurance company tactics, our attorneys employ effective negotiation strategies to secure the best possible outcome for our clients’ cases. If you have suffered a personal injury, trust Greg Linehan Law to fight for your rights and help you achieve a full and fair recovery.

 

Thunder by the Bay

Giving Back: Thunder by the Bay

By Community, Motorcycle

We are thrilled to announce our renewed support of the 26th Annual Thunder By The Bay Music & Motorcycle Festival. This exciting event occurs February 16-18th, 2024, at the Sarasota County Fairgrounds & Robarts Arena. As avid supporters of and advocates for the motorcycle community, our firm is dedicated to giving back to the community and making a difference in the lives of others. That’s why we have chosen to support Suncoast Charities for Children, the beneficiary of the proceeds from this event.

Who it Helps

Suncoast Charities for Children is a local non-profit organization that provides direct financial support to six non-profit agencies in the Sarasota, Manatee, Desoto, and Charlotte County areas. These agencies include Children First, The Florida Center for Early Childhood, The Haven, Special Olympics of Sarasota, Venice Challenger Baseball, and Loveland Center. By supporting these agencies, they can help children, teens, and adults with special needs programs and access to services that enhance their lives.

Thunder by the Bay provides an annual grant to the Suncoast Foundation to help support capital needs at these agencies, ensuring that these organizations’ programs and service funding are not compromised. Through special event fundraisers and generous donations, Greg Linehan Law helps make it possible for Suncoast Charities for Children to provide crucial financial support to those in need.

Gather for a Great Cause

This event is always an incredible experience. With more than 100 vendors, a 14-class bike show, daredevil acts, live universal championship wrestling, and continuous live music, including headliner acts like Official Molly Hatchet, Grand Funk Railroad, and Creed Fisher, there will be something for everyone to enjoy. Knowing that attending the festival supports a worthy cause is just icing on the cake!

We encourage you to mark your calendars and join us in supporting this fantastic event. To learn more about the Thunder by the Bay Music & Motorcycle Festival and Greg Linehan Law’s involvement, visit the official website at https://thunderbythebay.org/. Together, we can make a difference in the lives of local children, teens, and adults with special needs.

Increases in Personal Injury Claims during the Holidays

By Accident Prevention, Personal Injury

The holiday season is often marked by joy, celebration, and spending time with loved ones. However, it can also bring unfortunate increases in personal injury claims. In this article, we will explore the various factors contributing to the rise in personal injury claims during the holidays. These factors include toys, cooking, decorating, and driving. By understanding these potential risks, individuals can take necessary precautions to ensure a safe and enjoyable holiday season.

Toy-related Injuries:

Toys are an integral part of holiday festivities, especially for children. Unfortunately, poorly designed or hazardous toys can lead to injuries. According to the U.S. Consumer Product Safety Commission (CPSC), there were an estimated 226,100 toy-related injuries in 2019, with 67% occurring to children under the age of 12. These injuries ranged from minor cuts and bruises to more severe injuries, such as choking hazards or burns from malfunctioning electronic toys.

It is crucial for parents and caregivers to carefully inspect toys for potential risks such as small parts, loose batteries, or sharp edges. Staying informed about toy recalls and following age recommendations can significantly reduce the risk of injury.

Cooking and Kitchen Accidents:

The holiday season often revolves around elaborate meals and family feasts. However, an increase in cooking activities can lead to an alarming number of kitchen accidents. According to the National Fire Protection Association (NFPA), cooking-related fires occur more than twice as often on Thanksgiving compared to any other day of the year.

Grease fires, burns, and cuts are common kitchen injuries during the holidays. The use of sharp knives, boiling liquids, and hot ovens demands extra caution. It is essential to maintain a clean and clutter-free cooking area, use oven mitts and proper utensils, and never leave cooking unattended to prevent accidents.

Decorating Hazards:

Decorating homes and yards with festive lights, ornaments, and trees adds charm to the holiday season. However, decorations can pose serious risks if not handled with care. According to the CPSC, an estimated 14,700 decorating-related injuries were treated in emergency departments in 2019.

Falls from ladders, electric shocks, and cuts from broken ornaments are common decorating accidents. Careful inspection of lights for frayed wires, secure placement of ladders, and proper installation of outdoor decorations can mitigate these risks. Additionally, using flame-resistant or non-combustible materials for Christmas trees and keeping them away from heat sources reduces the risk of fire-related injuries.

Dangers of Holiday Driving:

During the holidays, roads become busier due to increased travel and shopping trips. With more cars on the road, the risk of accidents and subsequent increases in personal injury claims, make safe driving practices crucial. According to the National Safety Council (NSC), the estimated number of fatalities during the Christmas and New Year’s holiday periods in 2019 totaled 839.

Factors such as speeding, drunk driving, distracted driving, and adverse weather conditions contribute to the increased danger on the roads. Practicing defensive driving, obeying traffic laws, avoiding distractions, and designating a sober driver can help reduce the risks associated with holiday driving.

Unfortunately, though filled with joy and celebration, the holiday season typically sees an increase in personal injury claims. Toys, cooking, decorating, and driving are just a few areas where accidents can occur more frequently during this time. Individuals can ensure a safe and accident-free holiday season by understanding the risks associated with these activities and taking necessary precautions.

Remember to carefully inspect toys for hazards, exercise caution when cooking, adopt safe decorating practices, and drive defensively. By prioritizing safety and implementing preventive measures, we can enjoy the holidays while minimizing the risk of personal injuries.

Disclaimer: The information provided in this blog is based on general observations and statistics. For specific cases, it is recommended to consult with our team for the most accurate and up-to-date information and options.

Surge of Motorcycle Accidents During Christmas Season

By Car Accidents

The Alarming Surge of Motorcycle Accidents during Christmas Season in Florida

As the holiday season approaches, Florida witnesses an unfortunate surge in motorcycle accidents, leaving victims and their families devastated amidst the festivities. This article sheds light on the concerning rise in motorcycle accidents during the Christmas season and highlights the underlying causes responsible for this unfortunate trend.

  • Increased Traffic Congestion:

    Florida, known for its warm weather and scenic roads, attracts a multitude of tourists during the Christmas season. The surge in visitors, coupled with an influx of local travelers, results in increased traffic congestion throughout the state. This congestion often leads to a higher risk of motorcycle accidents, as motorcycles are more vulnerable to collisions due to their smaller size and reduced visibility.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), traffic volume in Florida during the Christmas season is estimated to increase by approximately 30%, significantly elevating the chances of motorcycle accidents (DHSMV, 2021).

  • Intoxicated and Distracted Driving:

    During the holiday season, celebrations involving alcohol consumption become commonplace. Unfortunately, this festive indulgence also increases intoxicated driving incidents. According to the National Highway Traffic Safety Administration (NHTSA), the percentage of alcohol-impaired drivers involved in fatal motorcycle accidents during the Christmas season rises significantly (NHTSA, 2019).

Moreover, distractions caused by mobile devices and electronic gadgets increase the risk of motorcycle accidents. Drivers engaged in texting, taking selfies, or using social media platforms make the roads unsafe for motorcyclists. In 2020 alone, distracted driving contributed to 2,312 accidents in Florida (Florida Highway Safety and Motor Vehicles, 2021). The combination of alcohol impairment and distracted driving creates a hazardous environment for motorcyclists, leading to devastating consequences during the Christmas season.

  • Limited Visibility and Weather Conditions:

Florida’s winter weather during Christmas can be unpredictable, with sudden rain showers and reduced visibility. With their limited protection against the elements, motorcycles are especially vulnerable during adverse weather conditions. Reduced visibility increases the likelihood of accidents, as other drivers may fail to notice motorcyclists on the road.

The Florida Highway Patrol reported that in 2020, 40% of motorcycle accidents during the holiday season were attributed to poor visibility conditions (Florida Highway Patrol, 2021). These statistics showcase the need for heightened caution and awareness when sharing the road with motorcyclists.

The Christmas season in Florida brings forth an alarming surge in motorcycle accidents. This is due to factors such as increased traffic congestion, alcohol-impaired and distracted driving, as well as adverse weather conditions. Education campaigns, law enforcement efforts, and individual responsibility in adhering to safe driving practices are crucial in mitigating this distressing trend and protecting motorcyclists during the holiday season. If you or someone you know has been involved in a motorcycle accident, our experienced team is here for you. Contact us today to better understand your options and create a path forward. Don’t settle for less!

The Impact of Florida’s No-Fault Car Insurance Law on Personal Injury Claims in Sarasota

By Car Accidents, Insurance

Personal injury claims stemming from car accidents can be complex and overwhelming. In Sarasota, Florida, individuals navigating these claims might be subject to the state’s unique no-fault car insurance law. Understanding the implications of this law is essential for victims seeking fair compensation for their injuries. In this article, we delve into the impact of Florida’s no-fault car insurance law on personal injury claims in Sarasota, shed light on its key aspects, and offer valuable insights to victims.

Overview of Florida’s No-Fault Car Insurance Law

Enacted in 1971, Florida’s no-fault car insurance law aims to streamline obtaining compensation for injuries resulting from car accidents. Under this law, individuals injured in car accidents must seek compensation from their insurance providers, regardless of fault. This system, also known as “Personal Injury Protection” (PIP) coverage, ensures that individuals promptly receive necessary medical benefits following an accident, without waiting for legal processes to conclude.

The Essential Elements of Florida’s No-Fault Car Insurance Law
  • PIP Coverage: The no-fault system in Florida requires all registered vehicles to maintain a minimum of $10,000 in PIP coverage. This coverage reimburses a percentage of medical expenses, lost wages, and other costs incurred due to injuries resulting from a covered car accident, regardless of fault.
  • Threshold for Filing Lawsuits: The law includes a “threshold” that must be met for victims to pursue legal action against the at-fault party in a car accident. This occurs when the victim suffers from significant and permanent injuries or disfigurement, bone fractures, or significant loss of bodily function. Victims are limited to seeking compensation through PIP coverage without meeting this threshold.
The Impact of Florida’s No-Fault Car Insurance Law on Personal Injury Claims in Sarasota
  • Limited Compensation: One of the main impacts of Florida’s no-fault car insurance law is the limited compensation available to victims. While PIP coverage may provide immediate medical reimbursements and lost wages, it often falls short of covering the full extent of damages suffered by victims. This limitation can be incredibly challenging for those with severe injuries or long-term disabilities.
  • Difficulty Establishing Fault: Another challenge victims face in Sarasota’s personal injury claims is the difficulty in establishing fault due to the no-fault system. Without the immediate ability to proceed against the at-fault party, victims often encounter hurdles in holding the responsible party accountable. This can lead to frustration and barriers to obtaining fair compensation.
  • Complex Legal Procedures: Navigating the legal procedures involved in personal injury claims becomes necessary when victims cannot adequately recover through their PIP coverage. This process can be complex, and time-consuming, and requires a deep understanding of Florida’s negligence law. Victims should seek the assistance of an experienced personal injury attorney who can guide them through the legal intricacies and ensure their rights are protected.
  • Importance of Meeting the Threshold: To pursue a legal claim against the at-fault party, meeting the legally defined threshold for significant and permanent injuries becomes crucial. Victims in Sarasota must be able to demonstrate that their injuries meet these criteria to proceed with a lawsuit. Failing to meet this threshold can result in limited options for compensation, potentially impacting the financial recovery to which victims are entitled.
Seeking Professional Assistance

There are many complexities and challenges of personal injury claims in Sarasota. Victims should seek professional assistance from a respected personal injury attorney. These attorneys possess the knowledge, experience, and resources to navigate the legal complexities. They are able to negotiate with insurance companies and fight for fair compensation on behalf of their clients.

In summary, Florida’s no-fault car insurance law significantly impacts personal injury claims in Sarasota. Victims must carefully navigate the legal landscape and understand the limitations of PIP coverage. They should also meet the threshold requirements for legal action against at-fault parties. Seeking professional assistance from a reputable personal injury attorney helps victims level the playing field. Additionally, it ensures their rights are protected, and they receive fair compensation for their injuries and losses. Contact our firm today to learn about the steps to take if you have experienced an accident.

Common Causes of Personal Injury in Theme Parks

By Law, Personal Injury

Common Causes of Personal Injury in Theme Parks: What You Need to Know

Florida is known for its wide array of theme park offerings. These parks are popular destinations for individuals and families seeking exhilarating rides, entertaining shows, and a memorable experience. While most visits to theme parks are safe and enjoyable, accidents and injuries can occur due to various factors. Understanding the common causes of personal injury in theme parks is essential for visitors to stay informed and take necessary precautions to ensure their safety. In this article, we will explore some of the key causes of personal injury at theme parks, as well as provide insights on what visitors need to know to stay safe.

Slip and Fall Accidents:

One of the most prevalent causes of personal injury in theme parks is slip and fall accidents. These accidents can occur due to wet or slippery surfaces, uneven walkways, or poorly maintained areas. Theme parks often have water rides, splash zones, and restaurants where spills can happen. Additionally, inadequate lighting and insufficient signage can contribute to falls, especially during the nighttime or in indoor attractions. Visitors should remain vigilant, watch their step, and report any hazardous conditions they encounter to park authorities promptly.

Mechanical Malfunctions:

Theme park rides draw crowds with their thrilling and adventurous experiences. However, mechanical malfunctions can turn these attractions into potential hazards. Accidents can happen due to ride operators’ negligence, poor maintenance, or manufacturing defects. Amusement park owners have a legal responsibility to ensure all rides are properly inspected, regularly maintained, and meet safety standards. It is crucial for visitors to be observant and report any signs of malfunctions or abnormal behavior of rides to park authorities immediately.

Negligent Hiring and Training:

Properly trained staff is essential for maintaining a safe environment in theme parks. Unfortunately, negligent hiring practices and inadequate training of employees can lead to a higher risk of personal injury incidents. Ride operators, lifeguards, maintenance workers, and other park staff must be adequately trained to handle potential emergencies, perform their duties safely, and respond swiftly in dangerous situations. Visitors should be aware of the staff’s behavior, attentiveness, and responsiveness to ensure a higher level of safety within the park.

Inadequate Security Measures:

Theme parks are responsible for the safety and security of their visitors, including protection from criminal activities. Inadequate security measures can lead to incidents such as assaults, thefts, and other crimes, compromising the safety of guests. Visitors should pay attention to the presence of security personnel, surveillance cameras, and well-lit areas within the park. Reporting any suspicious activities or concerns to park authorities is essential in maintaining a secure environment.

Water-Related Accidents:

Water attractions, such as slides and wave pools, are popular features in many theme parks. However, they can also present potential risks if not properly maintained or attended to. Drowning, near-drowning incidents, slip-and-fall accidents near pools, or collisions on water rides are some of the water-related accidents that can occur. It is crucial for park visitors, especially parents with young children, to be vigilant and adhere to the water safety rules and guidelines provided by the park. Ensuring proper supervision of children and using appropriate flotation devices can significantly reduce the risk of water-related accidents.

Falling Debris and Objects:

Theme parks are often filled with various structures, rides, and overhead devices, which can pose a risk if loose or falling debris is present. Falling objects, such as loose screws, tools, or even tree branches, can cause severe injuries to unsuspecting visitors below. Theme parks must regularly inspect their premises and conduct maintenance to prevent such accidents. Visitors should be cautious and aware of their surroundings, especially in areas where falling debris or objects may be more likely, such as construction zones or areas with overhanging structures.

Foodborne Illnesses:

Theme parks typically have numerous food vendors and restaurants catering to visitors’ culinary desires. However, instances of foodborne illnesses can occur if proper food handling and hygiene practices are not followed. Contaminated food, improper storage, or lack of attention to food safety protocols can result in severe illnesses. Visitors should be mindful of the cleanliness, hygiene practices, and general appearance of the food establishments within the park. Reporting any concerns related to food safety to park management is crucial to prevent widespread illnesses.

While theme parks provide thrilling entertainment for millions of people each year, it is important to be aware of the potential risks and causes of personal injury. Slip and fall accidents, mechanical malfunctions, negligent hiring and training, inadequate security measures, water-related accidents, falling debris and objects, and foodborne illnesses are among the common causes of personal injury at theme parks. Staying informed, vigilant, and reporting any concerns promptly to park authorities can help ensure a safer and more enjoyable experience for all visitors. Remember, their primary responsibility is to provide a safe environment, but it’s our duty to advocate for our own safety, too. If you or a loved one has experienced an injury at a theme park here in Florida or elsewhere, contact our office to explore your options and understand your next steps.

Workplace accident

Construction Site Accidents: How to Pursue Compensation for Injured Workers

By Personal Injury, Workers Compensation

Construction sites are inherently dangerous environments where accidents can occur, often leading to serious personal injury for workers. These accidents can be caused by various factors such as machinery malfunction, falls from heights, electrocution, or being struck by falling objects. While employers have a duty to provide a safe workplace, accidents can still occur due to negligence or other factors. Injured workers must understand their rights and how to pursue compensation when an accident happens. This article will explore the steps involved in seeking compensation for construction site injuries and provide valuable information for injured workers.

Report the Accident and Seek Medical Attention

The first and most crucial step after a construction site accident is to report the incident to both your employer and the appropriate safety authorities. Timely reporting ensures that an official investigation can take place, helping to establish liability and evidence for your claim. Additionally, seeking immediate medical attention is paramount, even if the injuries appear minor. Some injuries may not manifest symptoms immediately, and a medical professional can assess your condition and provide appropriate treatment.

Document the Accident Scene and Gather Evidence

While the immediate aftermath of an accident can be chaotic, it is essential to collect evidence that can support your claim. Take photos or videos of the accident scene, showing any hazardous conditions or defective equipment. Gathering witness statements can also be valuable, as their testimony may strengthen your case. Additionally, keep track of any documents related to the incident, such as accident reports, medical records, and any communication with your employer or insurance company.

Consult with an Experienced Attorney

Navigating the legal process and dealing with insurance companies can be complex and overwhelming, particularly when you are recovering from injuries. Seeking guidance from an experienced personal injury attorney who specializes in construction site accidents can provide invaluable assistance. An attorney will thoroughly evaluate your case, determine liability, gather evidence, and help protect your rights throughout the entire process.

Determine Liability and Workers’ Compensation Eligibility

Establishing liability is crucial to pursuing compensation for your injuries. In some cases, workers’ compensation benefits may be available to injured workers. Under workers’ compensation laws, injured employees are generally entitled to receive medical treatment and wage replacement benefits, regardless of fault. However, workers’ compensation benefits may not fully cover the extent of your damages. In certain circumstances, you may be eligible to pursue a personal injury lawsuit.

On construction sites, multiple parties may share the responsibility for maintaining a safe work environment. This may include general contractors, subcontractors, equipment manufacturers, property owners, or architects. If third-party negligence played a role in causing your injuries, you may have grounds for a personal injury claim against those responsible, in addition to workers’ compensation benefits.

Pursue a Personal Injury Lawsuit

To pursue a personal injury lawsuit, it must be established that third-party negligence directly contributed to or caused the accident. This could include situations where defective equipment or machinery, inadequate training, or unsafe working conditions were responsible. To succeed in a personal injury claim, the injured worker or their attorney must prove that the at-fault party had a duty to maintain a safe work environment, breached that duty, and the breach directly caused the injuries and resulting damages.

Personal injury lawsuits may provide compensation for damages beyond what is covered by workers’ compensation benefits. These damages can include pain and suffering, emotional distress, loss of future earning capacity, and medical expenses not covered by insurance. Consulting with an experienced personal injury attorney will help determine the viability of your case and the best course of action.

Special Considerations for Independent Contractors and Subcontractors

In some cases, injured workers may be independent contractors or subcontractors rather than regular employees. Independent contractors often have different rights and legal options compared to employees. While they may not be eligible for workers’ compensation benefits, they may still be able to pursue a personal injury claim against the parties responsible for their injuries. It is vital to consult with an attorney who can assess the specific circumstances of your case and determine the available legal options.

Construction site accidents can have devastating consequences for workers. Understanding the steps involved in pursuing compensation for construction site injuries is crucial for injured workers seeking justice and fair financial recovery. Timely reporting, seeking medical attention, gathering evidence, consulting with a knowledgeable attorney, and considering both workers’ compensation and personal injury claims are important factors in maximizing your chances of obtaining the compensation you deserve. Remember, your rights matter. Seeking guidance from legal professionals experienced in handling construction site accidents can protect those rights and help you navigate the legal process successfully. Contact our office today to understand the proper course of action for your personal injury case.

Recognizing the Signs of Traumatic Brain Injuries after an Accident

By Car Accidents, Personal Injury

If you or a loved one has been involved in an accident, it is crucial to be aware of the signs of traumatic brain injuries (TBIs). These injuries can have long-term consequences and may significantly impact a person’s life. Identifying the signs early on is vital for receiving appropriate medical treatment and maximizing the chances of recovery. Some of the signs of TBIs after an accident include:

  1. Headaches:

    One common symptom of a traumatic brain injury is persistent or worsening headaches. These headaches may be accompanied by nausea, dizziness, and sensitivity to light or noise. If you or someone you know experiences severe or prolonged headaches following an accident, it’s important to seek medical attention.

  2. Loss of consciousness:

    Losing consciousness is a clear indicator of a TBI. However, it is crucial to note that not all brain injuries result in a loss of consciousness. If you or a loved one has been involved in an accident and experienced any period of unconsciousness, no matter how brief, it is essential to consult with a healthcare professional.

  3. Confusion and disorientation:

    Following an accident, victims may experience confusion and disorientation. They may struggle to recall events leading up to the accident, feel disoriented in time and place, or have difficulty concentrating or making decisions. These cognitive impairments can be signs of a TBI and should not be ignored.

  4. Memory problems:

    Memory loss is another potential sign of a traumatic brain injury. Victims may have trouble remembering events leading up to or following the accident. Some may experience difficulty forming new memories or have gaps in their memory. If you or someone you know is experiencing memory problems after an accident, it is imperative to seek medical attention promptly.

  5. Changes in mood or behavior:

    TBIs can also cause significant changes in a person’s mood or behavior. Victims may become irritable, anxious, or easily agitated. They may display sudden outbursts of anger or exhibit uncharacteristic behaviors. These emotional and behavioral changes are often indicators of underlying brain injuries.

  6. Sensory changes:

    If you or someone you know has been involved in an accident and experiences sensory changes, such as blurred vision, ringing in the ears, or a bad taste in the mouth, it may indicate a traumatic brain injury. Any alteration in sensory perception following an accident should be evaluated by a medical professional.

  7. Sleep disturbances:

    Traumatic brain injuries can disrupt normal sleep patterns. Victims may struggle with insomnia or find themselves sleeping excessively. If you or someone you know is experiencing significant changes in sleep patterns after an accident, it’s important to bring it to the attention of a healthcare provider.

Recognizing the signs of traumatic brain injuries after an accident is critical for your well-being. If you suspect you or a loved one has suffered a TBI, promptly seeking medical attention is crucial. We encourage you to connect with our team to ensure you receive the necessary legal guidance and support to protect your rights and receive fair compensation for your injuries. Seeking proper medical care and legal representation can make a substantial difference in your recovery and future well-being after an accident.

 

Understanding Wrongful Death Claims in Florida

By Tort, Wrongful Death

Losing a loved one is one of the most devastating experiences a person can go through, especially if their death was caused by someone else’s negligence or intentional actions. In Florida, when a person dies due to the misconduct or negligence of another party, it may give rise to a wrongful death claim. As a personal injury attorney based in Sarasota, I understand the complexity of these cases and the need for both legal guidance and emotional support during such challenging times.

Who can file a Wrongful Death Claim?

Florida law specifies who can file a wrongful death claim. Generally, the surviving spouse, children, or parents of the deceased are considered eligible to bring a wrongful death lawsuit. If there is no surviving spouse, children, or parents, then the siblings or other relatives who were dependent on the deceased person for support or services may have the right to file a claim. However, the process can be complex, and consulting with an experienced personal injury attorney is crucial to ensure that all the eligible parties are included in the claim.

Seeking Justice for Loved Ones

When pursuing a wrongful death claim in Florida, several key elements need to be proved. These include showing:

  1. The death of a person occurred.
  2. The negligence or wrongful act of another party caused the death.
  3. The surviving family members or dependents have suffered measurable damages as a result of the death.
  4. A personal representative has been appointed to represent the estate of the deceased.

To seek justice for loved ones, it is vital to gather evidence to support these elements. This may include witness statements, police reports, medical records, expert opinions, and any other relevant documentation that can help establish the negligence or misconduct on behalf of the responsible party. Our team knows how to navigate this process effectively to build a strong case on behalf of the survivors.

Compensation in Wrongful Death Claims

If successful, wrongful death claims in Florida can provide compensation for various damages. These may include:

  1. Funeral and burial expenses.
  2. Medical expenses related to the deceased person’s injury or illness.
  3. Loss of financial support and services provided by the deceased.
  4. Loss of consortium and companionship.
  5. Mental anguish, pain and suffering, and emotional distress experienced by the survivors.

Each case is unique, and the amount of compensation awarded will depend on various factors. These factors include age, income, and relationship of the survivors to the deceased person.

Bringing a wrongful death claim can be a complex and emotionally challenging process. Therefore, having the support and guidance of an experienced personal injury attorney who can navigate the legal system and fight for justice on behalf of your loved ones is crucial. Contact our firm today to better understand your options and a path forward.

Understanding Insurance Claims and Bad Faith Practices in Sarasota

By Insurance, Law

Insurance Claims and Bad Faith Practices

Navigating the complex world of insurance claims and understanding bad faith practices can be overwhelming for individuals dealing with personal injury cases.

Insurance Claims 101:

When you suffer an injury due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. In most cases, the responsibility for providing this compensation lies with the insurance company of the at-fault party. This is where the insurance claim process begins.

Filing an insurance claim involves notifying the responsible party’s insurance company of your intent to seek compensation. You will need to submit documents supporting your claim, such as medical records, police reports, witness statements, and any other relevant evidence.

Upon receiving your claim, the insurance company should conduct an investigation to determine liability and assess the damages. They may request additional information or consultations with medical professionals to evaluate the extent of your injuries. Once the investigation is complete, they will make a decision on whether to accept or deny your claim.

Bad Faith Practices:

Insurance companies have a legal obligation to act in good faith and handle claims promptly, fairly, and honestly. Unfortunately, some insurers engage in bad faith practices, intentionally delaying, undervaluing, or denying valid claims. Recognizing these practices is essential to protect your rights as an injured individual. Here are a few examples:

  1. Unreasonable delays: A common tactic used by insurers is to unduly prolong the claims process by repeatedly requesting unnecessary documentation or failing to respond to communications promptly.
  2. Lowball settlement offers: Some insurance companies will make initial settlement offers well below the actual value of your claim in hopes that you will accept a quick but unfair settlement.
  3. Denying valid claims: In some cases, insurance companies will outright deny a claim without a proper investigation or legitimate reason.
The Law and Your Protection:

To combat these bad faith practices, Florida law offers protection to policyholders whom their insurance company has mistreated. In the context of personal injury claims, the law recognizes both common law and statutory bad faith.

Common Law Bad Faith: Under common law, an insurer is liable for bad faith if they fail to meet their contractual obligations or act unreasonably in handling a claim. If you can provide evidence that the insurance company knowingly and intentionally failed to fulfill its obligations, you may be able to pursue a bad faith claim.

Statutory Bad Faith: Florida Statutes also provide a statutory basis for bad faith claims. In this case, your attorney needs to prove that the insurer violated specific laws related to insurance practices, including unfair claim settlement practices.

If you can successfully establish a bad faith claim, you may be entitled to compensation above and beyond the initial value of your claim. This can include additional damages for emotional distress, attorney fees, and costs associated with pursuing the bad faith claim.

Understanding insurance claims and bad faith practices is crucial to ensure fair treatment and maximum compensation for personal injury victims. Our firm is dedicated to guiding our clients through this often challenging process, fighting for their rights, and holding insurance companies accountable for their actions. If you believe you have been a victim of bad faith practices, contact our team today and protect your interests. We will help you navigate the legal system.