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Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies Post-injury statements to insurance companies can be stressful.  This article will help you understand how these statements are conducted and the common mistakes made by injury victims. What Is A Post-Injury Statement Whether you have been injured in a car accident, slip and fall, animal injury, or otherwise, get ready for the phone calls.  Various people who you have never met are going to call.  They are calling you on behalf of the insurance companies.  What do they want?  They want information.  They want to know how the injury happened, who witnessed it, whether you were hurt and...

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Car Accidents and Florida’s PIP Law

Car Accidents and Florida's PIP Law

WHY IS FLORIDA CALLED A "NO FAULT" STATE? Ever wonder why Florida as referred to as a “No Fault” state?  The answer is fairly simple.  Florida is referred to as a “No Fault” state because it requires drivers to have a specific insurance coverage to lawfully operate a vehicle on the roadway.  This insurance coverage is called Personal Injury Protection, or “PIP” for short. PIP insurance coverage is governed by Florida Statute §627.736.  It requires every driver at least $10,000.00 in benefits to help pay for medical treatment or lost wages caused by a crash.  It also includes an additional $5,000.00 in death...

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Time is Running Out – Florida’s Statute of Limitations

Florida's Statute of Limitations

FLORIDA'S STATUTE OF LIMITATIONS Injuries can occur in a number of ways.  However, they all have something in common – a time limitations on bringing your claim in court.  Florida’s statute of limitations is found at Florida Statute 95.11.  This statute outlines the time limitations which apply to wrongful death, car accident and other injury and non-injury claims.  Failure to bring an action within the appropriate limitations period risks being unable to bring the claim at all. Some of the most common statutes of limitations are as follows: Statute Type of Case Limitation 95.11(1) Recorded Judgment 20 Years 95.11(2)(b) Breach of Written Contract 5 Years 95.11(3)(a) Negligence 4 Years 95.11(3)(k) Breach of Unwritten Contract 4 Years 95.11(4)(b) Medical Malpractice 2 Years 95.11(4)(c) Wages...

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Immediate Medical Care Can Help Your Injury Case

How to help your injury case

As an injury attorney, I see many ways injury victims often hurt their case.  One of the main reasons is failing to seek immediate medical care after an injury. Seeking immediate medical care after an injury is extremely important.  Some of those reasons include: Documenting your pain complaints, Documenting any visible injuries, Helping relate the injury to the incident, and Securing your use of insurance benefits. Documenting Your Pain Complaints Properly documenting your injury claim begins early on.  Without proper documentation, you may be hurting your injury case. An important step is documenting your pain complaints with a medical provider.  Initial evaluations are necessary...

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How Much Is My Case Worth?

What is my case worth?

How Much Is My Case Worth? “How much is my case worth?” This is probably the question I get asked the most.  As a result, I thought I would discuss what goes into determining case values.  Please keep in mind that each case is different and this is simply intended to give you a general overview.  Full analysis is too detailed for this post as analysis of your case's value is extremely fact-specific. However, before we begin let me just say the "How much is my case worth" is the wrong question.  You should be asking "What is the value of my case?" CASE...

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Children At Danger From Vehicles

Child injury law

Injuries to Children On average, 12,175 children under the age of 19 die each year from unintentional injuries.  These injuries and deaths occur in countless ways.  The most common include car accidents, being struck as a pedestrian, and trip and falls.  However, there are many other, less common, ways in which a child can be injured or killed - such as failing to properly secure furniture or drowning due to inadequate or improperly trained staff. Children As Pedestrians According to AAA, nearly 1 out of 4 child pedestrian fatalities occurred between 3 p.m. and 7 p.m.  In 2016, the NHTSA documented 2,466 children killed...

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Florida’s Accident Report Privilege in Civil Cases

Florida accident lawyer example of a crash report

Florida's Accident Report Privilege So you’ve been in an accident and the other driver told the officer they were at fault.  Now all you have to do is use that statement at trial and your case is a slam dunk, right?  Wrong! Florida's Accident Report Privilege statute prevents any statements made by those required to interact with law enforcement after a crash from being used against them in a later civil or criminal trial.  Persons covered are typically the driver and occupants of the vehicles involved in the crash.  The privilege balances a person’s Fifth Amendment right against self-incrimination with an officer’s obligation to...

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Documenting the Injury Scene

When you are injured in a car accident, it's important to document the injury scene

If you have been injured, it is important to document the scene of your injury and preserve the evidence for later - even if there are eye witnesses. The Imperfection of Eye Witness Testimony While it is true that eyewitness testimony is some of the most impactful at trial, it is also considered one of the most unreliable forms of testimony.  One reason for this, according to a recent peer-reviewed article published on the National Center for Biotechnology Information’s website (part of the United States National Library of Medicine) is that memory is a reconstructive process.  When a person is asked to recall...

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7 [EASY] Steps Following A Car Accident

Car Accident

Car accidents are not something most people want to be in.  However, every year hundreds of thousands of people become victims of car accidents, motorcycle accidents, trucking accidents, pedestrian accidents, or other accidents.  According to Florida Highway Safety and Motor Vehicles, in 2016 there were almost 400,000 total accidents in Florida.  That is an increase from the number of accidents in 2015. Hopefully you will not be involved in a car accident.  If you are there are certain things you should consider doing: Move your vehicle out of the roadway if you are able to do so safely. Understanding that the crash has likely occurred...

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How Much Does Hiring An Injury Lawyer Cost?

How much does hiring a lawyer cost?

Presser Law, P.A. Has No Upfront Attorney Cost Or Fees As an injury lawyer or attorney in the Central Florida area for over 10 years, one of the more common inquiries I receive concerns payment to retain my services by injury victims.  It is not uncommon for an injury victim to worry about the cost of retaining an attorney or lawyer.  For many people, before they even seek out an injury lawyer all they know is that attorneys can be expensive many people simply cannot afford upfront costs of retaining an attorney to fight major insurance companies or corporations for the...

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