Skip to main content
Category

Car Accidents

Whiplash is a common yet often misunderstood injury

Understanding Whiplash

By Car Accidents, Personal Injury

Whiplash is a common injury that happens when your neck gets jolted back and forth suddenly, like the cracking of a whip. It usually occurs in rearend car accidents but can also result from sports accidents, physical abuse or other types of traumas. Whiplash can be tricky to deal with because its symptoms are often subtle and can take time to show up. If you’re in Sarasota, Florida, and think you might have whiplash after an accident, it’s important to know what steps to take. Here’s some advice from Greg Linehan Law to help you out. 

Recognizing Whiplash Symptoms 

Symptoms of whiplash might not show up right away, sometimes taking take hours, days or even weeks. Common signs include neck pain and stiffness, headaches at the base of the skull, dizziness, blurred vision and feeling unusually tired. In more severe cases, you might have trouble concentrating or remembering things, ringing in your ears, trouble sleeping and irritability. If you notice any of these symptoms after an accident, see a doctor as soon as possible. Getting medical attention quickly is also crucial if you decide to file a legal claim later. 

What to Do if You Think You Have Whiplash 

Get Medical Help Right Away

Your health comes first. Seek immediate medical attention, even if your symptoms seem minor at first. Whiplash injuries can develop over time. Having a medical record of your injury is crucial for your recovery and any potential claims. 

Report the Accident

If the whiplash was caused by a car accident, report it to the police and your insurance company. Provide accurate information but avoid making any definitive statements about your condition until a doctor has thoroughly checked you out. Accurate documentation of the accident is essential for your case. 

Keep Detailed Records

Document every aspect of your injury and recovery process. Keep track of doctor visits, treatments, symptoms and how the injury impacts your daily life. Detailed records can be invaluable for both medical treatment and legal claims. 

Talk to a Personal Injury Lawyer

Consult with a personal injury lawyer, such as Greg Linehan, who specializes in these cases. A knowledgeable lawyer can help navigate the complex legal landscape, ensuring you get the compensation you deserve. With extensive experience in personal injury claims throughout Sarasota and the Suncoast, we are dedicated to guiding you through the process and advocating for your best interests. 

Why Choose Greg Linehan Law for Your Whiplash Claim 

At Greg Linehan Law, we know how much a whiplash injury can impact your life physically, emotionally and financially. We have extensive experience in personal injury law and are dedicated to fighting for your rights. We’ll help you get compensation for your medical bills, lost wages and pain and suffering. 

For more information on your rights and how to proceed with a personal injury claim, the American Bar Association has great resources at www.americanbar.org.

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.

 

Surge of Motorcycle Accidents During Christmas Season

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.

Surge of Motorcycle Accidents During Christmas Season

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.

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.

 

law

Understanding the Statute of Limitations for Personal Injury Claims in Florida

By Car Accidents, Law

When dealing with personal injury claims under Florida law, understanding the statute of limitations is key. This legal term refers to the time limit within which you can file a lawsuit after getting injured or having an accident. Missing this deadline could mean forfeiting your right to seek compensation for your damages.

General Time Limits

In Florida, the general statute of limitations for personal injury claims is two years from the date of the accident or injury if the claim is based on negligence. However, there’s a notable exception. If your injury happened before March 24, 2023, you might have four years to file your claim.

Medical Malpractice

For medical malpractice cases, the rules are a bit different. Typically, you have two years from the date of the incident to file a lawsuit, or two years from when you discovered the injury if it wasn’t immediately apparent. However, there’s also a four-year statute of repose, which means you can’t file a claim more than four years after the incident, regardless of when the injury was discovered.

Wrongful Death

In wrongful death cases, the statute of limitations is generally two years from the date of death. It’s crucial to consult with a qualified attorney, such as Greg Linehan, to determine the specific deadlines for your situation to avoid missing any important cut-off dates.

Acting Quickly Matters

One key thing to remember is that evidence and witness testimony can become less reliable over time. It’s always better to take legal action sooner rather than later to boost your chances of a successful claim. Plus, gathering evidence and building a strong case takes time, so starting early gives your attorney the chance to thoroughly investigate your claim.

Claims Against Government Entities

If you’re filing a personal injury claim against a government entity or agency in Florida, there are additional steps and rules to follow. An experienced personal injury attorney, such as Greg Linehan, can guide you through this process and help protect your rights.

Final Thoughts

Understanding these laws is vital for anyone considering a personal injury claim in Florida. Keeping track of important deadlines and seeking legal advice promptly can make all the difference in obtaining the compensation you deserve. If you are considering filing a personal injury claim, don’t wait. Consult with our team today to discuss your case and protect your rights.

injured-in-car-accident-without-health-insurance

Injured in a Car Accident and Lack Health Insurance?

By Car Accidents, Insurance

If you are involved in an accident and lack health insurance, it can be daunting, but there are several alternatives to consider for covering your medical expenses. In this blog post, we’ll explore various options that can provide you with the necessary care and support after an accident.

  • Personal Injury Protection (PIP) Insurance:

Your insurance company may offer Personal Injury Protection (PIP) coverage, which can cover 80% of your medical bills up to $10,000. Ensure you understand the terms and conditions of your insurance policy to take advantage of this coverage.

  • Medicaid:

If you meet the low-income criteria, consider applying for Medicaid, a government-funded health insurance program that provides coverage for individuals and families in need. Contact your state’s Medicaid office to learn more about the application process.

  • Negligent Person’s Insurance:

If another driver’s negligence caused the accident, their insurance company may be responsible for paying your medical bills. File a claim with your insurance company to access this coverage. Note that this claim is usually settled once your case concludes, so alternative funding may be needed during the critical stages of treatment.

  • Free Clinics:

Numerous free clinics across the country provide medical care to uninsured individuals. Conduct an online search or reach out to your local health department to find a free clinic in your area.

  • Charitable Care:

Certain hospitals and medical providers offer charitable care, providing medical services at reduced costs or even for free. Inquire with your doctor or hospital to determine if they offer such assistance.

  • Attorney-Doctor Contacts:

In some cases, an attorney may be able to connect you with a doctor who is willing to delay payment until your case settles. This option can alleviate the financial burden of immediate medical expenses.

  • Self-Pay:

When all other options are exhausted, you may need to cover your medical costs out of pocket. While this can be expensive, there are ways to reduce expenses. Consider negotiating with your doctor or hospital for lower prices or explore financial assistance programs.

In conclusion, seeking prompt medical care after an accident is vital, even without health insurance. By considering these alternative options for injury coverage, you can ensure proper treatment and avoid missing out on necessary care. Don’t hesitate to contact our office for further assistance. We are committed to helping accident victims without health insurance receive the settlement they deserve.

A close up of an auto accident at night

Legal Considerations for Rideshare Accidents in Florida

By Car Accidents

In an Accident as a Passenger of a Rideshare Service?

If you are injured in a vehicle accident while a rideshare company like Uber or Lyft is the driver in Florida, then you should be aware of a few legal considerations.

  • The responsible driver’s insurance company will be liable for compensating injured parties.
  • The rideshare company can also provide compensation for injuries and damages based on the policy limits.
  • Florida is a no-fault state. Therefore, personal injury protection coverage (PIP) should cover you regardless of who was at fault.
  • As of 2022, Uber or Lyft will cover up to $100,000 in bodily injury per accident (maximum $50,000 per person) and $25,000 for property damage.
  • Rideshare companies and their drivers must carry liability insurance that covers passengers and others in the event of an accident.
  • You have up to two years from the date of the car accident to file a claim against the at-fault driver and their insurance company.

The best way to ensure you receive compensation is to contact a personal injury attorney immediately after an accident. You have the right to hold the responsible party legally liable for your injuries and other damages, including pain and suffering. Contact our office today and learn more about your options.

A close up of an auto accident at night

Multi-Vehicle Accidents: Who’s Responsible?

By Car Accidents, Law
Liability for Property Damage in Multi-Vehicle Accidents

When you are in a car accident with multiple vehicles, it can be difficult to determine who is at fault and who is responsible for paying for the property damage. In Florida, the law of negligence determines liability for car accidents. Negligence is defined as the failure to use reasonable care, which results in harm to another person.

Multi-Vehicle Accidents: Who’s Responsible?

In a multi-vehicle accident, there may be multiple drivers who were negligent. For example, if one driver was speeding and rear-ended another, both drivers may be found negligent. In this case, the insurance companies for both drivers would be responsible for paying for the property damage.

The amount of property damage covered by insurance will depend on the specific policy. Most insurance policies will cover the cost of repairs to your vehicle, as well as the cost of rental car expenses if your vehicle is not drivable.

Liability for Personal Injury in Multi-Vehicle Accidents

In addition to property damage, you may also be injured in a multi-vehicle accident. If you are injured, you may be able to file a personal injury claim against the driver or drivers who were negligent. In Florida, personal injury claims are typically filed under the theory of negligence.

To prove negligence in a personal injury case, you must show that the other driver(s):

  • owed you a duty of care;
  • breached that duty of care;
  • their breach of duty caused your injuries; and
  • you suffered damages as a result of your injuries.

If you can prove these elements, you can recover compensation for your medical expenses, lost wages, pain and suffering, and other damages.

The Role of Insurance in Multi-Vehicle Accidents

In most cases, the insurance companies for the drivers involved in a multi-vehicle accident will be responsible for paying for the property damage and personal injuries. However, there may be cases where the insurance company for one driver is not willing to pay for the damages. You may need to file a personal injury lawsuit against the driver in these cases.

If you have been injured in a multi-vehicle accident, speaking with an experienced personal injury attorney is crucial as soon as possible. An attorney can help you to understand your legal rights and options and can help you to file a claim for compensation.

We Can Help

Determining liability for property damage and personal injuries in multi-vehicle accidents can be complex. However, with the help of an experienced personal injury attorney, you can protect your rights and get the compensation you deserve.

If you have been injured in a multi-vehicle accident, don’t hesitate to contact me to discuss your case. I will fight to get you the compensation you deserve.

A sign saying roundabout

Pedestrian Accidents in Roundabouts 

By Accident Prevention, Car Accidents, Pedestrian

Roundabouts are a common sight in Sarasota, Florida, and for good reason. They are proven to reduce crashes resulting in serious injury or death greatly. They also improve safety by promoting lower speeds, reducing conflict points, and more. However, roundabouts can also be confusing for drivers who are not familiar with them. This can lead to accidents, especially for drivers visiting Sarasota from out of town. Many of these accidents in roundabouts affect pedestrians.

As a personal injury attorney in Sarasota, I have seen firsthand the consequences of roundabout accidents. I have represented clients injured in roundabout crashes and seen the financial and emotional toll these accidents can take.

Driver safety in roundabouts

There are a few things drivers, cyclists, and pedestrians can do to help stay safe in roundabouts. First, it is important to be familiar with the rules of the road for roundabouts. These rules are different from the rules for traditional intersections with stop signs or traffic lights. Second, it is important to yield to the right of way. This means that drivers entering the roundabout must yield to drivers already in the roundabout. Third, being aware of your surroundings and proceeding slowly and cautiously is essential.

Here are some additional tips for driving safely in roundabouts:
    • Slow down and be prepared to yield to traffic already in the roundabout.
    • Signal your intention to enter the roundabout.
    • Stay in the right lane unless you are exiting the roundabout to the left.
    • Do not pass other cars in the roundabout.
    • Be aware of pedestrians and cyclists.
Here are some additional tips for cycling or crossing roundabouts on foot:
    • Stay on the walkways and only cross at designated crosswalks. If necessary, stop at the splitter island in the middle.
    • Pedestrians have the right of way, but be sure to confirm the path and speed of oncoming traffic whenever possible.
    • Do not enter the center island of the roundabout.
    • If a cyclist chooses to ride with the vehicle traffic, they must follow the same rules as vehicles follow and signal which direction they will go, just as a vehicle would. This includes giving pedestrians the right of way.
    • Cyclists should walk their bicycles at crosswalks.
What to do if you are in an accident in a roundabout

In the event of an auto or pedestrian accident in a roundabout, it is essential to stay calm and exchange information with the other driver(s) involved, and you should also report the accident to the police immediately. If you are injured, you should seek prompt medical attention. You should then seek legal help at your first opportunity. A personal injury attorney can help you to understand your legal rights and options and can help you to file a claim for compensation.

We can help 

Our team at Greg Linehan Law can help you to understand your legal rights and options after a roundabout accident and help you to file a claim for compensation for your medical expenses, lost wages, pain and suffering, and other damages. Contact us today to discuss your case. We will fight to get you the compensation you deserve.