INSIGHT INTO ACCIDENTS AND INSURANCE CLAIMS IN FLORIDA
THE PERAZZO LAW FIRM SHARES INSIGHT FOR TRAFFIC ACCIDENTS AND INSURANCE CLAIMS IN MIAMI-DADE, BROWARD, AND ORANGE COUNTY
Who can be at fault for personal injuries in a car or truck accident?
We have received overwhelmingly positive feedback from our readers. Many of you have requested additional information on personal injury. One of the complexities of this area of law is knowing where to assign the fault for personal injury in a car accident.
It is easy to assign fault for personal injury to a single individual or an entity, however the reality may be more complicated. Personal injury may not necessarily involve a single event but may be continuous. An individual may be involved in a car accident where another driver failed to yield the right of way and caused a crash. However, faulty brakes may have contributed to the cause of the accident. Moreover, the safety systems in the victim’s vehicle may have been defective. Furthermore, the physician treating the injured victim may make a mistake and exacerbate the injuries or cause additional harm.
More than a single individual or entity may be assigned fault for personal injury as a result of a motor vehicle collision. A factor contributing to the cause of a car accident may be hazardous road conditions from faulty construction. In these cases, the entities responsible for the construction and maintenance of the road may be at fault as well.
Faulty vehicle parts may also play a role. Defective safety systems such as supplemental restraint systems and the brakes may contribute to the degree of the damages and injuries. Moreover, a mechanic responsible for installing vital parts may make a mistake contributing to the vehicle failing to function safely.
At times both drivers share the blame for the collision. In situations like these and party who suffered more damages and injuries than the other may still seek compensation. However, the amount of damages awarded, if any, will be reduced by the comparative fault of the prevailing party in litigation.
In accidents involving a commercial vehicle, the owner and the operator of the tractor-trailer may be liable for the damages. The driver of the vehicle may be careless and fail to observe proper safety rules in operating the commercial vehicle. The owner and employer of the tractor-trailer may also share the fault for the accident. The employer may be liable if, for example, he/she knew the driver being employed is not a safe driver. Additionally, the owner of the vehicle may be responsible for its proper maintenance and failing to do so contributed to the cause of the accident. Incidents involving commercial vehicles may also involve the owner of the cargo being transported. At times the vehicle may be overloaded and carry hazardous materials, which result in a collision or exacerbation of damages.
At the Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the corporate industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights
Things to do after an accident:
Statistically, we are likely to be in a serious car accident once every ten years. Although we all hope it never happens, we should always be prepared for the worst. Being prepared for an incident is the easy part. Make sure to have your vehicle equipped with a first aid kit, a portable camera, flashlights, flares or warning triangle and a portable battery. Additionally, you should gather all of your car insurance documentation and contact information so you may report the incident as soon as it is safe to do so.
Remember, one of your obligations under the insurance policy is to timely report any losses so your claim can be properly processed. Delayed reporting is one the most common reasons insurance companies use to deny a claim or delay fulfilling their obligations. Having all of your insurance information and timely reporting of your claim help assist with payments for your treatment and lost wages while the claim or litigation against the negligent driver is ongoing.
After a motor vehicle accident, the priority is your safety. Contact emergency services as soon as you can and report the incident with as much detail as you can provide to allow emergency services to render appropriate assistance immediately. Make sure to report any injuries to your passengers as well.
Motor vehicle accidents that involve an injury, death or appear to result in damage over $500 need to be reported to the authorities. Law enforcement authorities responding to an accident scene have the right to request your name, address, registration number, proof of insurance and driver’s license. You are also within your rights to request the name and the badge number of the responding law enforcement officer. It is also important note the names of the responding EMTs.
If you can, move your vehicle into a position that does not obstruct other motorists. When safe to do so, take pictures and notes of the scene of the accident as well as the damage to the vehicle(s) including pictures that will help in identifying the location of the accident as well as weather and road conditions. Attempt to obtain basic information from all the parties involved including other drivers, passengers and witnesses not involved in the accident. Make sure to take note of the location of the accident and the surrounding. Oftentimes, there may be traffic cameras around the scene of the accident, which will be important to accident reconstruction. Also note any businesses and residences that may be equipped with surveillance equipment.
Oftentimes an injury resulting from a motor vehicle collision may not show any symptoms for several days and it is important to seek treatment right away. It is important to keep detailed notes on the accident itself and any symptoms as well as treatment. Consult a physician and give a complete description of all injuries as soon as possible after the accident. Take pictures of the injuries and keep detailed notes of the symptoms, which will help the treating physician as well as assist in litigation for the purposes of providing accurate testimony.
Mistakes to avoid after a car accident
Driving a motor vehicle is an, almost unavoidable, necessity whether for work or recreation. Unfortunately, car accidents, which result in serious injuries, are becoming increasingly commonplace. If you have been in a car accident, it is important to be prepared and avoid some of the common mistakes, which may affect any compensation.
If you have been in a car accident, it is important to understand that the insurance companies involved will begin building their defense immediately. One pitfall to avoid is admitting fault. A simple statement offering an apology to another person involved can be used as an admission of fault when you make a claim. If you have been involved in a car accident, avoid using any language that may be construed as an admission of fault.
Another quite common mistake is failing to gather information from the time of the accident. It is important to take note of the names of all parties involved including contact information of any witnesses, police officers and first responders. It is also advisable to record the conditions of the road and the weather that may later be used to build your case when seeking compensation.
Another mistake is not seeking medical assistance as soon as possible. Not all car accidents involve serious and obvious injuries that require hospitalization. However, some injuries, especially to the spine, may not become obvious for some time after the car accident. Additionally, any delay in seeking treatment may be used against you during litigation.
It is also important to document the medical treatment for your injuries. Understand that an insurance claim can take some time to be processed. Litigation may take many more months, during which memories will fade and injuries may subside. Keeping a diary where you document injuries and treatment may become evidence proving the extent of the injuries and damages to property. During litigation, your deposition may take place over a year after the car accident took place. Being unable to prove your injuries and damages may reduce any potential compensation.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the corporate industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights
At the time of the accident, or soon thereafter, the negligent driver’s insurance adjuster may seek a statement from you. Remember, they are looking for a reason to deny coverage and you should seek advice of an attorney before giving any statement beyond providing the basic facts of the accident. If you seek further information on how to prepare for, or what to do after a motor vehicle collision please do not hesitate to contact the lawyers at The Perazzo Law Firm. Our lawyers have dedicated their careers to representing victims of car accidents and are ready to fight for you.
What do I need to know for my insurance claim deposition?
If an insurance company handling your claim fails to fulfill its obligations and refuses to cover your damages, the lawyers Perazzo Law Firm will fight for your rights and file a lawsuit on your behalf.
After a lawsuit is filed, a stage in the litigation known as discovery commences. Discovery usually involves information gathering by both sides where your Perazzo Law Attorneys will seek any information and documentation from the insurance company as to why your claim has been denied or underpaid. A deposition is simply sworn oral testimony where an attorney will ask as series of factual questions from one if the litigants or a representative. At Perazzo law firm, you will never be alone at your deposition, one of our aggressive attorneys will always be with our clients.
The time and location of the deposition will be coordinated with all sides and we will make sure it is taken at a location most convenient to our clients. At the deposition a series of factual questions will be asked of the deponent (the one whose deposition is being taken). Most defense attorneys representing the insurance company will attempt to apply as much pressure and force you to answer questions you may not have proper recollection or knowledge of. Remember, you must answer questions truthfully and to the best of your recollection, it is perfectly acceptable to admit you cannot remember or simply do not understand the question. If a question being asked is inappropriate or meant to deceive you into providing incorrect information, your Perazzo Law Firm attorney will object and protect your interests.
A deposition is a critical step in litigating your claim. It may be the first time you are face to face with the insurance company denying you coverage. It is very important to have strong and professional attorney defending your interest at a deposition. At Perazzo Law Firm, we have decades of experience fighting for the rights of our clients.
For any questions, please feel free to contact us any time. We are here to fight for you!
What makes a car accident case complex?
Personal injury cases and insurance claims for compensation typically involve one or more drivers and vehicles. However, a small but significant portion of personal injury cases involve a variety of different factors vastly increasing the complexity of litigation.
One of the factors leading to the complexity of a personal injury case stemming from a car accident can be the type of injuries suffered by the victim. In most instances, injuries stemming from a car accident are assessed on the scene or soon thereafter from a simple doctor’s visit. However, some injuries may take some time to manifest symptoms. Typically, these injuries involve brain damage which may not be easy to diagnose as the victim may not exhibit symptoms for days or even weeks. Some of the symptoms of brain injury, such as difficulty concentrating, mood swings, depression, etc., may easily be attributed to daily stress rather than serious brain injury. Brain injury symptoms are easy to misdiagnose and may go untreated for some time. Brain imaging scans can reveal brain injury but can fail to reveal the full extent of the damage. Given how difficult it may be to diagnose a brain injury, by the time a patient reports the symptoms to a doctor and a scan is ordered, weeks if not months may have already passed since the date of the car accident. Following a car accident, it is important to consult a doctor as soon as possible and report all symptoms even if they can be attributed to something else like participation in athletic activity or even a stressful job.
Another factor lending to the complexity of a personal injury case can be the difficulty in assigning the fault for the injuries suffered by the victim. In certain cases, the cause of a car accident may not be just the careless of a driver. A car accident can be caused by a malfunctioning car part, unsafe road conditions due to negligent construction, improperly prescribed medicine which leads to driver fatigue, etc. In cases where a car accident was caused by a vehicle malfunction, fault can be attributed to the manufacturer of the vehicle or the specific part which contributed to the cause of the accident. In certain cases, if a car accident was caused by your vehicle being negligently services, then some fault may be assigned to the mechanic. However, in certain jurisdiction a legal concept known as a non-delegable duty governs. A non-delegable duty is a situation where, for example, a car accident was caused by improperly serviced brakes however the fault still rests on the owner of the vehicle.
Following a car accident, it is important to consult a competent attorney with personal injury experience to know the full extent of your rights.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights. ZERO OUT-OF-POCKET FEES TO CLIENTS
THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST, ALWAYS!
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