Tina Willis Law – Orlando https://injuryattorneyflorida.com Orlando Personal Injury Lawyer & Car Accident Attorney Mon, 24 Aug 2020 22:36:51 +0000 en-US hourly 1 https://wordpress.org/?v=5.5.3 Auto Accident: Should You Visit a Chiropractor Or MD First? https://injuryattorneyflorida.com/chiropractor-physician-auto-accident/ https://injuryattorneyflorida.com/chiropractor-physician-auto-accident/#respond Mon, 24 Aug 2020 22:36:51 +0000 https://injuryattorneyflorida.com/?p=14518 Since I’m an Orlando personal injury lawyer & Florida semi-truck attorney, someone called my office recently after they were injured in a semi-truck accident. This person had significant neck and back pain. He also hit his head hard enough on his windshield to have cracked the window, and had ongoing head pain.  Results from scans taken during their ER visit after the accident showed that he had bulging and possibly herniated discs. He wanted to go to a chiropractor, because ...

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Since I’m an Orlando personal injury lawyer & Florida semi-truck attorney, someone called my office recently after they were injured in a semi-truck accident. This person had significant neck and back pain. He also hit his head hard enough on his windshield to have cracked the window, and had ongoing head pain.  Results from scans taken during their ER visit after the accident showed that he had bulging and possibly herniated discs. He wanted to go to a chiropractor, because he felt the most comfortable with that type of care.

Auto Accident Injury: Why You Should Visit An MD Before A Chiropractor

car accident chiropractor or doctor

There are several reasons why visiting a chiropractor, before an MD, would be a bad idea.

The most important is safety. Chiropractic care can be very helpful. But chiropractic care can also worsen someone’s injuries. (If I had a herniated disc, I wouldn’t want a chiro manipulating my neck or back unless and until I had received clearance from an orthopedic surgeon, for example.  And I definitely would want a doctor to evaluate ANY head pain after a blow to the head.)  Good chiros will tell their patients that they should first be checked by an MD (doctor) before treating certain types of symptoms and conditions.

Unfortunately, some chiros are motivated more by money than they should be, particularly after an auto accident, when some would like to collect all of the available auto insurance money.  (In Florida, drivers are only required to have personal injury protection, or “PIP,” auto insurance.  PIP pays 80% of medical bills, up to either $2500 or 10K, depending on the designation of the severity of the accident by the initial treating providers.  Some, but not all, chiropractors are more interested in that 10K payday than your safety.)

Even worse, some Orlando personal injury lawyers will encourage their clients to visit chiros first, because they work closely with these chiros.  So they focus on settling cases without lawsuits, after their client has received ongoing chiro care, rather than fighting in lawsuits to get more money for their clients.

Chiropractic Care, Without First Visiting An MD, Will Lower Florida Auto Accident Case Value

In addition to safety concerns, visiting a chiropractor FIRST & ONLY, before getting an opinion from the best doctors, can dramatically lower the value of your Florida personal injury, semi-truck, or auto accident case. The reason is that insurance companies and juries put more weight on the opinion of a testifying doctor, than a chiropractor. Insurance companies believe that those who receive chiropractic care are less seriously injured, and offer to pay settlements correspondingly lower.  On the other hand, juries and insurance companies are more likely to trust the opinion of an MD that someone has a more significant injury, and needed more serious treatment or care.

The Wrong Doctor Can Also Lower Your Orlando Car Wreck Case Value

Injury victims also need to be treated by particular types of doctors. Physicians from different specialties are often needed — and the wrong doctors will lower your case value. So the decision regarding WHICH doctor you should visit after any accident is extremely important to your ultimate case value (assuming you suffered moderate to serious injuries, and the at fault driver has sufficient insurance coverage to pay your claim).

Should You Ever Receive Chiropractic Care After An Auto Accident Case?

If you have already been fully evaluated & treated by physicians in relevant specialties (e.g., orthopedic surgeon for herniated or bulging discs, or joint problems, neurologist for potential brain injuries, etc), then there is nothing wrong with visiting a chiropractor.  You just should not only receive treatment from a chiropractor.

Medical Records Are A HUGE Part Of The Evidence Needed To Increase Truck or Care Accident Case Value

Most injury victims simply do not realize, when they call us, just how important their ongoing medical treatment is to their case.  But medical records, and the extent of care, are the among the most important and valuable types of evidence in any personal injury case.

If the person visits the right kind of doctor, and the doctor gives them clearance to visit a chiro, then there is no problem with starting chiro care. But the first stop for any injury victim should always be the right doctor — both for safety and case value.  This is why we spend a lot of time making sure our clients understand the type of care that will result in the most money in their pockets at the end of their case.

If you have questions about your auto accident case, we provide free consultations for those with moderate to serious injuries, if we think we can help.  Please text or call (407) 803-2139 to discuss your potential case.

More About How To Get A Higher Settlement or Verdict After Any Auto Accident

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Why Kobe Bryant & Helicopter Safety Matters In The 2020 Election https://injuryattorneyflorida.com/kobe-bryant-helicopter-safety/ https://injuryattorneyflorida.com/kobe-bryant-helicopter-safety/#respond Tue, 23 Jun 2020 17:32:22 +0000 https://injuryattorneyflorida.com/?p=14264 Why We Should All Care About Helicopter Safety When Voting
As an Orlando personal injury lawyer, part of my job is staying aware of laws related to safety.
So I spent the morning reading about helicopter safety proposals by the NTSB, and Democrats in Congress (including the Helicopter Safety Act.)
I wish more people followed these issues.
If you want to hear my explanation, please watch here:

Why Helicopter Safety Might Affect YOU
You might be thinking that helicopter ...

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Why We Should All Care About Helicopter Safety When Voting

As an Orlando personal injury lawyer, part of my job is staying aware of laws related to safety.

So I spent the morning reading about helicopter safety proposals by the NTSB, and Democrats in Congress (including the Helicopter Safety Act.)

I wish more people followed these issues.

If you want to hear my explanation, please watch here:

Why Helicopter Safety Might Affect YOU

You might be thinking that helicopter safety will never matter to you, because you don’t have Kobe Bryant’s bank account. And most people never ride in a helicopter. But you might find yourself needing or wanting to ride a helicopter someday. And you should be concerned either way.

First, helicopters are used often in tour rides, like in Las Vegas, over the Grand Canyon, ski or hiking slopes, or Hawaii.  Since tour guide choppers have even fewer restrictions than other helicopters, I will not be “enjoying” any helicopter tours anytime soon.

But helicopters are used in other situations, more likely to impact our everyday lives, such as medevac after accidents (something that I can tell you, as a serious injury, accident & death lawyer in Florida, happens way more often than you might think  — I spoke with a client yesterday who was life-flighted to a local hospital after a semi-truck accident), recovery after natural disasters (remember people standing on rooftops waiting for helicopter rescues after Hurricane Katrina?), and search and rescue operations (like if you are hiking in the Grand Canyon, lost, dying from dehydration, and can’t be found or accessed any other way, God forbid, and need helicopter rescue).

Also, medical personnel regularly fly in helicopters. Maybe someone in your family is an EMT or nurse who might someday be assigned to helicopter duty?*

Or maybe your child will grow up to be on a sports team with someone rich and famous, who happens to own a helicopter, and might be on a fateful flight, just like Kobe Bryant’s passengers were.

Helicopters have also killed and seriously injured totally innocent bystanders, on the ground.

The problem is that most people think that these admittedly rare events will never happen to them, so most people don’t care, until and unless they become a victim. Since so few people are victims, these laws do not have the groundswell of support that happens around other laws that might impact, or are perceived to impact, more people.

That “will never happen to me” mindset is very common about far too many safety laws that, taken together, affect millions and millions of people every year, sometimes to devastating effect.

As Americans, I really think we need to get much more serious about safety issues. Because of lobbying efforts of industry insiders, more and more necessary safety regulations are being watered down, not passed, or ignored, so companies can make more money.  In other words, I’m concerned about safety in ALL areas of life — not only helicopters. Helicopters are just one of countless examples.

NTSB & Lawmaker Efforts To Improve Helicopter Safety

As far as helicopter safety, the NTSB has long recommended a few different helicopter safety measures, and Democratic Senators and House members have proposed related bills on these issues:

  • visual recording devices in black boxes, to help NTSB investigators, after crashes, determine the cause of the crash, and, if necessary, recommend safety measures that will help avoid future crashes;
  • terrain awareness devices, which Kobe Bryant’s airplane did not have, as he and the other doomed passengers on his plane flew through foggy weather, and crashed into a California hillside that was not visible due to the fog;
  • crash-resistant fuel tanks (there have been horrific stories of catastrophic burn injuries caused by weathered and aging plastic “milk jugs” used as gas tanks in helicopters, which means that if the helicopter crashes, there is a HIGH chance of serious and often deadly but very avoidable burn injuries).

We all care about safety, at least theoretically. But far too many people simply do not understand that lawmakers and corporate lobbyists are killing us by a thousand cuts. Helicopters are one in a LONG line of safety-related issues in the news daily (usually because companies are finding ways to make us less safe), involving everything from your coffee maker, to vehicles on the road, to your doctor’s office, to the air we breathe, and on and on.

We absolutely MUST start voting for safety.

Many people say that “both parties take money from lobbyists,” so it really doesn’t matter who gets our vote. But the reality is that, time and again, when I am reviewing proposed safety regulations in Congress, or our state legislature (which, as an injury lawyer, is something that I do on a regular basis), they are made by Democratic Congressmen and women. That’s the case with the Helicopter Safety Act, which numerous Democratic House members and Senators proposed just last week. No Republicans joined in that proposed bill. Senator Feinstein also urged the FAA, shortly after Kobe Bryant’s crash, to require helicopter manufacturers to install and retrofit all helicopters with terrain awareness devices.

Last year, Senator Chuck Schumer called for the FAA to require black boxes in helicopters, after a fatal crash in midtown Manhattan.

The NTSB has issued numerous recommendations over the last 20 years, regarding helicopter safety, which have been totally ignored and rejected by the FAA, on the express (stated) grounds that the cost / benefit analysis favored not having them.

(Terrain awareness and warning devices would cost 35K per helicopter.)

Making matters far worse, the FAA is staffed and run by industry insiders, to the point where the Fox is most definitely guarding the chicken coop. (President Trump appointed a long-time airline industry lobbyist to head the FAA, which caused opposition among Democratic Senators during his Senate confirmation hearings, but he was ultimately approved to head the agency.)

Airline and airplane lobbyist groups have fought greater oversight from the FAA. Helicopter manufacturers also oppose greater regulation. Campaign contributions put the cherry on top, making sure that lawmakers do not make sure we are safe.

The best money-making legal scenario for any company, in any industry — and worst scenario for our safety — would be zero regulations AND immunity from lawsuits — then they can do anything they want, and you and I have no way to force them to consider safety over profits, or to take responsibility when they don’t.

Some on the far left and right claim that both parties are to blame. Admittedly, both parties are sometimes influenced by money. But, from extensive reading on safety issues over many years, and working on behalf of clients to recover money after tragic accidents leading to death and catastrophic injuries, my strong observation is that most of these safety laws are promoted by Democrats. We have a two party system that isn’t likely to change. So I believe we should support the party whose members routinely try to pass safety-related bills. This isn’t just for my clients, and potential future clients, although they matter a lot to me. I’m also concerned about the safety of my family and friends, and my own safety.

Plus, conservative justices on the United Supreme Court are the reason we have dark money in politics. Liberal justices voted against allowing this corrupt influence on our politicians. Until that changes, all politicians have to deal with the reality of election votes. But I’m still picking the side that regularly tries to make progress on safety.

Text Or Call 24 Hr Orlando Accident Lawyer Hotline(407) 803-2139

*Medevac helicopters have more regulations than other helicopters.  But it’s still not enough, in my opinion.

Related Reading (And Sources):

Highly recommended about the dangers of “milk jug” gas tanks in helicopters — everyone should read this

“Corrupted Oversight” — how industry lobbying led to industry oversight of the FAA

NTSB battles with the FAA — the unique dangers of touring flights & sky diving

Scary dangers to flight safety during government shutdowns

FAA governance issues under President Trump

NTSB helicopter safety recommendation report (which was ignored by the FAA)

“Aviation Today” on the ineffectiveness of FAA helicopter safety measures

Democratic House Members’ Efforts To Improve Helicopter Safety

Helicopter Safety Act — Bill officially introduced by Feinstein & Sherman (both House Democrats) in June 2020

Helicopter Accidents in the US

 

 

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Virtual Appointments For Orlando Personal Injury Clients Available https://injuryattorneyflorida.com/virtual-appointments-coronavirus/ https://injuryattorneyflorida.com/virtual-appointments-coronavirus/#respond Mon, 20 Apr 2020 19:40:13 +0000 https://injuryattorneyflorida.com/?p=13894 Virtual Free Consultations During Coronavirus Pandemic: Orlando Personal Injury Lawyer

As an Orlando personal injury lawyer, we have received many calls from potential clients asking whether we can provide free consultations, and sign documents, virtually.
Since we have always offered this option, the transition, for us, was not difficult.
We have always offered full-service, free, virtual consultations, as well as electronic document signing (you only need an email address).  Then we will immediately get started on your personal injury, ...

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Virtual Free Consultations During Coronavirus Pandemic: Orlando Personal Injury Lawyer

virtual consultations orlando personal injury lawyer

As an Orlando personal injury lawyer, we have received many calls from potential clients asking whether we can provide free consultations, and sign documents, virtually.

Since we have always offered this option, the transition, for us, was not difficult.

We have always offered full-service, free, virtual consultations, as well as electronic document signing (you only need an email address).  Then we will immediately get started on your personal injury, including car, truck, or motorcycle accident, slip and fall accident, medical malpractice case, or Florida wrongful death lawsuit.

Changes To Orange County Personal Injury Lawsuits Related To The Coronavirus

There are some coronavirus related changes in the orange county court system, which we are closely monitoring.

There are also some changes to your treatment protocol, after any accident, which we are also closely monitoring, and keeping our clients fully informed, as always, about how to maximize their case value.  You can read more about how the coronavirus pandemic is impacting personal injury cases here.

 

Biggest Concern For Car Accident Lawsuits During The Coronavirus

The biggest concern for our clients’ case values is that they still need to receive evaluation and treatment for any personal injuries sustained during an Orlando car accident.  Some potential clients might be understandably reluctant to go to any doctor’s office.

However, you should know that medical practices are drastically reworking their internal systems, to keep all patients safer, including such things as not allowing people into waiting rooms, constantly checking temperatures of both patients and staff, asking patients about their health condition, and requiring masks for both employees and (in some cases) patients.  We also encourage all of our patients to wear masks during their health related appointments.

In some cases, treatment you have already received will be sufficient to recover money from the at-fault driver during any car or truck accident.  But that is usually only true when someone has already received extensive hospital care, or surgery.

Whatever your position, rest assured, we remain 100% focused on maximizing our clients’ case values, and keeping everyone as safe as possible during the process.

Contacting Us QUICKLY After Your Accident Is More Important Than Ever!

If you have been recently injured during a car or truck accident, or a slip and fall accident, the most important thing to know is that it is still *vitally important* that you contact an Orlando car accident lawyer ASAP.  Delay in contacting an attorney, even during a pandemic, will very often negatively impact your case value, perhaps significantly.  But you can contact us from the convenience of your home.  We are ready to advise you regarding exactly what to expect during this difficult time for the country, made far worse if you were injured in any car accident.

Read more about Tina & her small team of highly qualified lawyers

Read some of our many five star reviews

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How Coronavirus (COVID-19) Might Affect Personal Injury Lawsuits https://injuryattorneyflorida.com/coronavirus-personal-injury-lawsuits/ https://injuryattorneyflorida.com/coronavirus-personal-injury-lawsuits/#respond Thu, 12 Mar 2020 21:18:57 +0000 https://injuryattorneyflorida.com/?p=13723 Coronavirus: Will The Virus Affect Florida Personal Injury & Auto Accident Cases?
As an Orlando personal injury lawyer, I’ve received many inquiries lately regarding how the coronavirus might affect personal injury lawsuits.  So I wanted to share a few thoughts, because the coronavirus COULD have an impact on your ultimate case value.  We are staying fully informed about how the virus is affecting our cases — and advising our clients of how to best maintain their case value.

Personal ...

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Coronavirus: Will The Virus Affect Florida Personal Injury & Auto Accident Cases?

As an Orlando personal injury lawyer, I’ve received many inquiries lately regarding how the coronavirus might affect personal injury lawsuits.  So I wanted to share a few thoughts, because the coronavirus COULD have an impact on your ultimate case value.  We are staying fully informed about how the virus is affecting our cases — and advising our clients of how to best maintain their case value.

coronavirus & personal injury lawsuits

Personal Injury Victims MUST Receive Medical Treatment To Maximize Case Value

Probably the most important issue is that, to maximize the case value of personal injury or car accident lawsuits, our clients must receive extensive medical treatment.  Sometimes this involves emergency surgery.  Other times the process is slower, starting with physical therapy, and, if that doesn’t work, perhaps leading to injections, and then sometimes surgery months down the line.  So our clients often have many therapist and doctor’s appointments, over an extended period.

Here’s the important point though: to maximize your accident case value, you MUST receive all of the doctor-recommended treatment.  So one concern is that people might be afraid to keep their medical appointments, because of the coronavirus outbreak.  Unfortunately, fear of this virus, as a reason for not receiving medical treatment after an accident, will not change the fact that the treatment is needed to maximize case value.

Now, if the hospitals become overrun with coronavirus patients, and you literally can’t get a doctor’s appointment, then that might only lead to delays in treatment (rather than a reduction in case value), and therefore delays in resolving cases (because we can’t settle a case, or file a lawsuit, until treatment is substantially finished).

The important thing is to be diligent about getting treatment. If for some reason you cannot get an appointment, perhaps due to the coronavirus, then you need to keep us fully informed, and be diligent about trying to get the first available appointment that you can.  Again, without treatment, we simply cannot PROVE the extent of personal injuries (something we are required to do, with medical records showing all doctor recommended treatment, to get the most money in any case).

Keeping your medical appointments is still very important to case value, and that’s not going to change, unfortunately.

Update!!  Thankfully, most doctor’s offices are taking extreme safety precautions, including not allowing people in waiting rooms, frequent temperature checks for staff and patients, interviews with patients regarding their health status before appointments, masks for staff and patients, planning for distancing between patients, and the like.

That being said, we will discuss any unique issues with all of our clients, and devise the best game plan in their specific situation.

Text Or Call 24 Hour Accident Lawyer Hotline (407) 803-2139

More People Might Stop Paying Insurance Premiums

Next, if we have a significant financial recession, more people might not pay their insurance premiums, which means that fewer drivers on the road will have coverage.  If someone without coverage causes your accident, then there might not be any money to recover from them.  But we can get this information within the first month of your hiring us, from their insurance company.  (For this reason, it is always advisable that everyone carry at least 100K, and preferably 300K or more, of uninsured motorist (UM) coverage, on your own policy.  This type of policy covers you if someone else isn’t carrying sufficient insurance.  Speaking of which, if you have UM, then we definitely pursue recovery for your injuries under your own policy, regardless of whether the at-fault driver still has coverage.)

Hopefully lack of coverage will not be a widespread issue but it probably will be a greater possibility.

Courthouse Schedules or Procedures May Change, Or Be Delayed

As far as the actual lawsuits, many courthouses around the country are either closing, or modifying their procedures to work more remotely.  So far, the Orange County Courthouse has not closed.  But they could.  If that happens, or if we modify procedures, we expect cases will take longer to resolve.  But you can rest-assured that we will do everything within our power to move the cases along as quickly as possible, within whatever constraints are set by the court.

The Florida courts ARE closely monitoring the situation, which includes enhanced courthouse cleaning, “social distancing” at the courthouse, and remote transactions, whenever possible.

The good news is that if you are a new client today, most likely we will either be able to resolve your case without a lawsuit (which means you would never have to go to the courthouse), or, if we have to file a lawsuit, you will only be required to attend a couple of events, and those would be many months from now, possibly over a year from now, depending on the potential value of your case.

So really the biggest issue is making sure you continue necessary medical treatments for your accident injuries, during this difficult time with the coronavirus.

Update!  Jury trials have been suspended temporarily. And other court-related work is happening virtually.  This could change but we are closely monitoring.  And this is not likely to affect new clients because the courts will probably open before their cases have court related events.

Insurance Companies May Fight Harder, Trying To Pay Less In Claims

Insurance company profits may also decline.  This may cause insurance companies to fight harder before settling auto accident cases.  That’s not a problem for us because we fight hard for all of our clients, all of the time.  We also put strong pressure to take the case to trial (which insurance companies fear), if the insurance companies do not offer reasonable amounts to settle cases, based on the historical value of similar cases.

Those are the obvious areas of concern right now.  If other issues develop over time, we will update this page.

MOST IMPORTANT SECTION: Absolutely Do Not Delay Your Personal Injury Case Because Of The Coronavirus!

Despite a few potential road blocks, the biggest mistake you could make, if you were recently injured in an accident, is WAITING until after this crisis passes to call us (unless you are too sick to call — then obviously you need to take care of yourself until you feel well enough to at least call!)  DELAY in hiring a lawyer is probably the biggest way to reduce your likely case value.  Even a few days of delay in starting treatment can significantly reduce case value.

We Can Handle Your Case Remotely, Thus Reducing Your Exposure To The Coronavirus

Along those lines, we take calls from injured clients 24/7/365.  We can also speak with you extensively by phone, and complete the entire intake process electronically (by email & phone).  So you will not have to worry about going to another public place, and risking germ exposure!  That being said, if you really want an in-person consultation, we still have available appointments, and will even come to you, in serious injury or accident cases.  Call or text anytime (407) 803-2139.

Read Our Many Five Star Reviews By Clicking Here

If you were recently involved in an accident that caused serious injuries, please do not delay calling us ASAP, despite the concerns regarding the coronavirus.  We are well-equipped to handle the possible disruptions — and continue to maximize our clients’ case values.

Why Hire Tina’s Team?

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Top Ten HIGHEST Florida Semi-Truck Accident Settlements or Verdicts https://injuryattorneyflorida.com/semi-truck-settlements/ https://injuryattorneyflorida.com/semi-truck-settlements/#respond Mon, 02 Mar 2020 21:46:30 +0000 https://injuryattorneyflorida.com/?p=13680 Top Ten HIGHEST Florida Semi-Truck Accident Settlements or Verdicts

As a Florida personal injury, wrongful death & semi-truck accident lawyer, I wanted to share the top ten HIGHEST Florida semi-truck accident settlements or verdicts, which have been *reported.*
You should know that the vast majority of settlements are NOT reported, so this list is DEFINITELY incomplete. But this will give you an idea of the type of potential value a tractor trailer accident settlement *might* command, with similar facts. ...

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Top Ten HIGHEST Florida Semi-Truck Accident Settlements or Verdicts

top ten florida semi truck accident jury verdicts

As a Florida personal injury, wrongful death & semi-truck accident lawyer, I wanted to share the top ten HIGHEST Florida semi-truck accident settlements or verdicts, which have been *reported.*

You should know that the vast majority of settlements are NOT reported, so this list is DEFINITELY incomplete. But this will give you an idea of the type of potential value a tractor trailer accident settlement *might* command, with similar facts. (For example, we recently settled a wrongful death tractor trailer accident for just shy of 2 million. But we did not report that settlement in the list below.) But the examples below will give you an idea of the potential & average values of an Orlando or Florida tractor trailer accident, involving serious injuries, or death. (However, all cases are different, and even slightly different facts could raise or lower the potential value.)

Text Or Call 24 Hour Semi-Truck Accident Lawyer Hotline (407) 803-2139

Which Semi-Truck Accident Cases Usually Have The Highest Verdicts?

One thing true for all accidents is that catastrophic injuries requiring a lifetime of care, such as a serious brain injury, usually lead to higher settlements than even accidents that led to death (because the defendant must pay the cost of lifetime care for the plaintiff), assuming the defendant’s FAULT in causing the accident is clear. Additionally, sometimes the value can be higher when there are substantial, lifetime lost wages (which happens if the plaintiff has evidence to prove that he or she is no longer able to perform his or her job, such as employer and/or treating doctor testimony — a high burden that requires good evidence of permanent inability to work).

Examples of Semi-Truck Accident Jury Verdicts

So, without further ado, here are some example cases:

  • Dellinger v. National Freight. $750,000. Kissimmee, Florida. A 38 year old female county employee was struck head-on by a semi-truck, while driving her car. She suffered 5 severe fractures, and made a particularly good witness
  • S. Austin Carr (personal representative) vs. Cargill. $1 million. Orlando, Florida. A 55 year old truck driver, and father of a 14 & 16 year old, who was walking down the street (a pedestrian), was killed by a semi-truck collision nearby. This one million dollar settlement provided $500,000 to each of the surviving children. (This is low for a wrongful death / tractor trailer accident, so there may have been some negative evidence.
  • Roberts v. Tri-State Carriers. $1.6 million Maitland, Florida. A 51 year old electrical lineman’s vehicle was struck from the rear, then struck again from the side, by a semi-truck. The accident resulted in a skull fracture and moderate brain damage. His symptoms included memory loss and a reduction in intellectual abilities.
  • Alterman v. Zep Construction.  $4.2 million. Altamonte Springs, Florida. A 42 year old father of one minor child was killed when his car was struck from the rear by a semi-truck, while he was sitting in traffic at a construction zone. In this particular case, the construction companies were sued(not the semi-truck company). The allegations were that the defendants failed to train their construction workers, failed to properly direct traffic, failed to have adequate lighting in the construction zone,and failed to warn drivers about known dangerous conditions.
  • Mckenzie v. Crete Carrier Corporation; Peterson. $860,000. Central Florida. A male truck driver suffered a pelvis (hip) fracture when he was struck by a semi-truck at a loading dock. The plaintiff alleged that the truck driver didn’t maintain a proper lookout, should have used a spotter to back up, and should have had a backup warning device on his semi-truck.
  • Lymon v. Bynum Transport Inc. $65 million. Orlando, Florida. A 19 year old woman was struck broadside, while driving through an intersection, by a tractor trailer. She suffered severe brain damage with a significant speech impairment, along with permanent bladder and bowel incontinence, and regular seizures. She also suffered left side partial paralysis, a temporary coma, and fractures to her left femur and scapula. Her lawyer argued that the semi-truck driver was negligent, by failing to keep a proper lookout, and failing to yield the right of way. She also argued that the company that owned the semi-truck failed to properly train and supervise its drivers. The semi-truck company offered to settle for 2 million before trial. Worth noting: SEVERE brain injuries from semi-truck accidents are often the highest value cases, because of the cost of a lifetime of care.  This was an extreme outlier as a result of the extensive care she needed, and the degree of the semi-truck company negligence in training and supervision of their drivers.
  • Torres v. Liberty Trucking Inc. $1.54 million. Altamonte Springs, Florida. A 42 year old father of two minor children was killed by a semi-truck, when the semi-truck improperly changed lanes, and collided with his vehicle.
  • Clara Santos v. Sun Country Citrus Hauling, Inc. $630,000. Dr. Phillips, Florida. A 67 year old woman was a passenger in a car driven by her daughter. Her daughter crashed into a semi-truck parked on the side of the road. They alleged that the tractor trailer was improperly parked, so partially blocking the road. The plaintiff suffered a closed head injury resulting in seizures, and neck pain requiring a 4-level anterior cervical diskectomy and fusion surgery.
  • Tolfa v. Alden Transport. $600,000. College Park, Orlando, Florida. A 54 year old female secretary was hit by a semi-truck, which failed to stop at a stop sign in a residential neighborhood. The plaintiff suffered permanent double vision, limited peripheral vision loss, and associated headaches, which resulted in a very large lost wages claim (she could no longer do her job as an administrative assistant).
  • Parker, Estate Of v. Harris Trucking, Inc.; Shamrock Trucking, Inc. $500,000. Winter Park, Florida. A 39 year old male teacher was killed when a semi-truck, propelled through a stop sign by another vehicle, which hit the truck, hit the deceased’s vehicle. The jury awarded his wife $500,000. This was a low verdict for a wrongful death / trucking accident case, which suggests that there was some bad evidence in the case, not shared in the reported results.
  • Gene A. Reid vs. Yellow Transportation, Inc. $974,000. Maitland, Florida. A 47 year old male sheetworker was rear-ended by a semi-truck. There was only minor damage to his vehicle, but he suffered a herniated disc at L5-S1, and needed a discectomy (surgery to repair the discs in his back). And he had good evidence that he wasn’t able to return to work after his surgery, resulting in a large reward for lost wages.  (The breakdown of the jury verdict was: $33,353 – past medical expenses; $69,250 – present value of future medical expenses [over 26 years]; $216,865 – past lost earnings; $615,000 – present value of future lost earnings [over 15 years]; $40,000 – future pain and suffering).)
  • Katiuska Rivas vs. Roderick A. Wall & Able Sanitation, Inc. $1.51 million. Casselberry, Florida. A male freightliner driver collided with a semi-truck driver, and was killed in the accident. He had a minor daughter & son, who recovered this money. However, he was found 35% negligent (meaning partially to blame), so the judge only awarded his estate 65% of the total jury verdict.
  • Valdes v. Rock & Sod Connection Inc., & others. $1.93 million. A male motorcycle driver was hit by a semi-truck, and suffered very serious injuries. This award included his past and future medical expenses, past and future lost wages, and past and future pain & suffering.

If you would like us to evaluate the potential value of YOUR serious injury or wrongful death tractor trailer accident, please call to discuss the best strategy in your case. We have a small team of very experienced & award-winning tractor trailer lawyers. We focus on low volume and the highest level of service. You are welcome to text or call (407) 803-2139 for a FREE case evaluation 24/7/365. If we are able to accept your case, then we will provide an extensive consultation regarding what you should expect, including how to maximize your case value.

We have a highly experienced & award-winning semi-truck accident lawyer team that WILL get you the absolute highest value for your semi-truck accident case. Please call us today to discuss our previous settlements, verdicts, and awards, during your free & extensive consultation.

Text Or Call 24 Hour Semi-Truck Accident Lawyer Hotline (407) 803-2139

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Traumatic Brain Injury (TBI) Lawsuits: 10 Example Verdict & Settlement Amounts https://injuryattorneyflorida.com/traumatic-brain-injury-verdicts/ https://injuryattorneyflorida.com/traumatic-brain-injury-verdicts/#respond Tue, 11 Feb 2020 00:01:54 +0000 https://injuryattorneyflorida.com/?p=13576 Traumatic Brain Injury (TBI) Lawsuits: 10 Example Verdicts
As an Orlando personal injury lawyer, I am well aware of the devastating impact that a traumatic brain injury caused by any accident. Traumatic brain injuries can vary tremendously in their severity, from mild concussions that resolve quickly, to totally devastating, completely disabling, and fundamentally life-altering tragic injuries. The most devastating traumatic brain injuries often leave the victim completely dependent on care-givers for the rest of their lives. And even moderate traumatic ...

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Traumatic Brain Injury (TBI) Lawsuits: 10 Example Verdicts

traumatic brain injury lawsuits in FloridaAs an Orlando personal injury lawyer, I am well aware of the devastating impact that a traumatic brain injury caused by any accident. Traumatic brain injuries can vary tremendously in their severity, from mild concussions that resolve quickly, to totally devastating, completely disabling, and fundamentally life-altering tragic injuries. The most devastating traumatic brain injuries often leave the victim completely dependent on care-givers for the rest of their lives. And even moderate traumatic brain injuries can negatively alter many important aspects of the victim’s life.

To speak with a traumatic brain injury lawyer, please call or text our Orlando accident & injury lawyer hotline, at (407) 803-2139.

Our goal, when it is clear that another person or company caused the TBI, is to recover the most money possible for our clients. We use many techniques, starting from making sure we hire the right experts early in the case, then advising our client regarding how they can maximize the case value, by their actions (usually making sure they stick with treatment and collect the evidence that we will need to prove their case).

Additionally, whenever we are evaluating any traumatic brain injury case, we review past verdict outcomes for similar cases, from across the state. Evidence regarding how past cases were decided by juries can be very persuasive in causing defendants to write much larger settlement checks, and avoid the need for a risky trial, where jurors may or may not agree with conflicting experts and opinions. Far too often, many Florida accident & injury lawyers fail to do the research needed to justify the amounts they are seeking to settle traumatic brain injury cases, and get lower case values as a result.

Today I wanted to share ten examples from my research regarding past verdicts in traumatic brain injury cases. However, there were almost 1000 current reported cases, ranging in value from zero, to many millions, for traumatic brain injury lawsuits. So we really do need to know the severity of your TBI, along with the facts surrounding the accident, and many other factors, to determine the highest value for your case. Still, I have shared a few comments after each example, to help you understand some issues that might affect your traumatic brain injury case value.

Additionally, factors other than the severity of the traumatic brain injury definitely can affect case value. For example, if the defendant has very low insurance and no collectible assets, the value will be much lower, even with severe brain injuries. But we search high and low for any evidence to increase the case value, in traumatic brain injury cases. We also make sure our clients are receiving the medical care that they need to BEST prove the extent of their injuries.

The best way to maximize your case value is to call us EARLY in the process, preferably immediately after the accident happened. The sooner we get involved, the more likely we can help.

But here are a few traumatic brain injury case examples, to help you understand the potential value of these tragic cases.

Traumatic brain injury caused by auto accident involving car & motorcycle.

Result: $481,500 VERDICT

STATE: Florida
COUNTY: Orange
CITY: Orlando

Summary of the Case:

The plaintiff claimed that he was riding his motorcycle through an Orlando, Florida, intersection with the right- of-way, when the defendant negligently entered through a stop sign and caused a collision. The collision occurred as the plaintiff was riding his motorcycle eastbound with the right-of-way (no stop sign). The defendant was driving northbound and drove through (or pulled out from) a stop sign where her car collided with the plaintiff’s motorcycle.

The plaintiff was diagnosed with a closed head injury and traumatic brain injury as a result of the motorcycle accident. He claimed ongoing cognitive deficits. The defendant’s psychologist opined the plaintiff suffered no functional neuropsychological impairment as a result of the accident.
The jury awarded the plaintiff $481,500 in damages comprised of $136,500 in past and future medical expenses and $345,000 in past and future pain and suffering.

Orlando accident lawyer comments: Ongoing cognitive deficits caused by traumatic brain injury can vary tremendously. If they are severe and there is good medical evidence that they were caused by the accident (such as doctors notes and expert opinions), then the value can be several hundred thousand to several million. However, if the injury is mild, or if the experts don’t agree on the diagnosis, or if there are disputes regarding who caused the accident, then the values can be lower.

Severe brain injury caused by car colliding with semi-truck, due to texting and driving.

Result: $4,300,000 BENCH VERDICT
STATE: Florida
COUNTY: Orange
City: Altamonte Springs

Summary

This case involved a Florida woman who was permanently injured in a vehicle struck while the driver was texting.

Cacilia C., 26 years-old, was a passenger in a vehicle driven by her then boyfriend, Joseph Edward O., both residents of Bunnell, Florida. At the intersection, the defendant ran a stop sign while texting, and drove into the path of a tractor trailer. The plaintiff sustained a traumatic brain injury that left her in a coma for three weeks. She is now permanently and totally disabled.

The plaintiff filed suit in Orange County Circuit Court, accusing the defendant of negligence through his texting while driving, resulting in the collision. The plaintiff sought compensatory and non-compensatory damages for her long-term disability.

The matter was resolved by a bench verdict for $4,300,000 in damages.

Orlando TBI lawyer comments: The real question in this case is whether the defendant (the driver of the car, who was texting and driving) had sufficient insurance to cover the damages. Most likely, if he was an individual driver, he didn’t. It’s unfortunate that there was no evidence that the semi-truck driver was to blame, because semi-truck accidents often involve auto insurance policies ranging from one to a few million.

High speed rear-end collision caused by stolen vehicle, involving uninsured motorist claim, which caused: (1) traumatic brain injury, (2) myofascial pain syndrome, (3) lumbar disc herniation, and (4) aggravation of preexisting degenerative arthritis.

Result: $400,000 RECOVERY

STATE: Florida
COUNTY: Marion

Summary:

The plaintiff brought this action against her uninsured motorist carrier after her car was struck in the rear behind by an unidentified motorist in a stolen vehicle. The defendant disputed the extent and nature of the injuries claimed by the plaintiff as a result of the collision.
The plaintiff was a 71-year-old female at the time of the collision on September 1, 2017. The plaintiff was driving northbound on NE 25th Avenue in Ocala. The defendant was traveling westbound on NE 3rd Street. The plaintiff contended that the defendant disregarded a red light at a speed of approximately 100 mph, entered the intersection and struck the back of her vehicle.

The impact caused the plaintiff’s vehicle to spin out of control. The plaintiff claimed a brain injury with post-traumatic headaches, cervical and lumbar myofascial pain syndrome, a lumbar disc herniation and aggravation of right knee and right ankle degenerative arthritis as a result of the collision.

The case was settled for $400,000 prior to trial.

Orlando personal injury lawyer comments: Because the summary only mentions headaches, this was likely a mild brain injury. So the other injuries were probably a big part of this $400,000 settlement. This is one reason that accident victims should seek recovery for ALL of their symptoms QUICKLY after any accident.

Motor vehicle collision that caused a traumatic brain injury, against uninsured motorist insurance policy carrier.

VERDICT: $61,636.95 for Plaintiffs ($23,081.95 – past medical expenses; $7,000 – future medical expenses; $555 – past lost earnings; $0 – future lost earnings; $15,000 – past pain and suffering; $15,000 – future pain and suffering).

STATE: Florida
COUNTY: Lake

Summary: Plaintiff Anne Koon was involved in a motor vehicle collision with Mikel Patrick. Patrick had a $10,000 policy of insurance with Progressive American Insurance Company. Plaintiff accepted Patrick’s policy limits in settlement and sought additional compensation through her $300,000 underinsured motorist policy with defendant Government Employees Insurance Company (Geico). Defendant disputed the injuries claimed by plaintiff, including that she had suffered traumatic brain injury in the collision.

Florida auto accident lawyer comments: this is a relatively low value for a traumatic brain injury lawsuit, which suggests that either the plaintiff’s symptoms were mild, or the jury did not believe the diagnosis (which can happen when there are conflicting experts who have different opinions about whether the victim actually suffered a TBI). The best way to maximize the value of a TBI case, assuming the symptoms make the diagnosis clear, is to hire the best TBI experts, which is what we do.

High speed rear-end accident caused by tractor-trailer, led to traumatic brain injury.

RESULT: $151,500

STATE: Florida
COUNTY: Orange

Summary: Gendron suffered a comminuted femur fracture, requiring insertion of a rod and screws. Gendron’s leg was shortened as a result. He also claimed to suffer a traumatic brain injury as a result of the accident, with ringing of the ears, dizziness and headaches. Gendron’s neurology expert confirmed that he had sustained a traumatic brain injury. Gendron incurred medical expenses of approximately $105,000. His physicians claimed that he would need future medical care. Gendron’s orthopedic surgeon testified that he would require an additional future surgery to remove a screw in his femur that was irritating his hip area. Gendron claimed that he lost his aircraft repair business as a result of his injuries and that he lost out on significant business opportunities associated with start-up businesses that he had formed prior to the accident.

The plaintiff Paul Gendron, a 48-year-old aircraft mechanic and aircraft repair shop business owner, was rear-ended by Lascelles Anderson. Anderson was operating a tractor trailer owned by his employer, Central Broward Construction Inc., at the time of the accident.
Gendron sued Anderson for negligent operation of a motor vehicle and sued Central Broward Construction for vicarious liability. Anderson and Central Broward Construction admitted liability for the accident, but the defendants disputed Gendron’s injury claims. The case went to trial on damages only. Gendron’s accounting expert was called to substantiate his business loss claims. Gendron’s counsel asked for over $2.5 million in his closing argument. The defendants’ neurology expert opined that Gendron did not sustain a traumatic brain injury in the subject accident. The defense also called a neuroradiology expert who testified that Gendron’s diagnostic films did not show any evidence of a traumatic brain injury.

Orlando auto accident lawyer comment: This case was a disappointingly low verdict, particularly considering the fracture needing rod and screws (which involves a surgical procedure and a lot of pain). Most likely, the jury did not believe that the plaintiff suffered a traumatic brain injury. The symptoms were relatively mild for a brain injury, and the experts disagreed. The jury most likely believed the defendant’s experts instead. This is why we hire only the best traumatic brain injury experts in the nation, whenever we have a serious brain injury case.

Also, notice that the defendant was ONLY fighting about the value of the damages. We often explain to clients that it doesn’t matter if the insurance company or defendant admits fault. They will still fight tooth-and-nail over the VALUE of the case. We utilize many techniques from the beginning of every case to maximize value for each of our clients, if their injuries truly are severe (if their injuries aren’t really that bad, then the value of the case will not be as high because we can’t create a false injury or symptoms to present to the jury).

Motor vehicle negligence – Rear end collision – Mother and four children involved in auto accident in Marion County, Florida – Traumatic brain injury – Multiple fractures – Organ damage – Blunt force trauma.

Result: $51,000,000 VERDICT

STATE: Florida
COUNTY: Osceola

Summary:

In this action, a family of six sued over a 2013 car crash. The matter was resolved with a jury verdict.

In December 2013, Yolanda A. and her four children were at a red light. The defendant, Nathan P., slammed into the plaintiff’s vehicle with such force that it stood upright on its front bumper and slid into the vehicle in front of it.

The plaintiffs suffered injuries including traumatic brain injuries, multiple fractures, organ damage and blunt force trauma. One of the children was rendered paraplegic.

The plaintiffs filed suit in the Orange County Circuit Court against the defendant Nathan P. The plaintiffs sought damages for motor vehicle negligence, including $500,592.72 in medical bills.
The jury returned a finding for the plaintiff and awarded $51,813,591 in damages, including $11.7 million, $2 million, and $1 million for each of the children, and $7.5 million for the mother.

Orlando accident attorney comments: This was a tragic case involving a few key facts that led to such a high verdict: (1) very clear fault on the part of the defendant, since he rear-ended the plaintitffs’ vehicle (as opposed to an intersection collision, where fault might have been disputed); (2) very hard impact caused by extreme negligence, faster driving, and paying no attention to the roadway (we know this because only a high rate of speed would cause a vehicle to flip vertical on it’s front bumper, then ram the car in front); (3) very, very severe injuries, including paraplegia, paralysis, organ damage, multiple fractures, and severe brain damage, with multiple severely injured victims.

One thing that isn’t clear from these published results is whether the defendant had an insurance policy that would cover these amounts. Unfortunately, they probably did not. There are cases where we can get very high verdicts paid by insurance companies, because the insurance company failed to settle for the full policy amount when they should have (called bad faith). But those cases are rare. Often the highest payments come from accidents involving commercial vehicles with commercial insurance policies, which are often valued between 1 & 5 million.

Negligence/Motor Vehicle Collision/Scooter Struck by Suburban/Traumatic Brain Injuries.

VERDICT: $6,000,000 for Plaintiff ($600,000 – past medical expenses; $4,400,000 – future medical expenses; $500,000 – past pain and suffering; $500,000 – future pain and suffering).

STATE: Florida
COUNTY: Orange
City: Orlando

Summary: Defendant Christina Araj was operating a Chevrolet Suburban when she struck the rear of a motorcycle/scooter being operated by Kenneth Jones. Jones struck his head on the windshield of the Suburban and allegedly suffered traumatic brain injuries requiring eight surgeries and leaving him permanently incapacitated and in need of constant nursing care. Jones had a suspended driver’s license at the time, and he did not have a motorcycle endorsement on the suspended license.

Plaintiff Jessica Jennifer Renfroe, as Guardian and Next Friend of her father Kenneth Jones, filed a complaint against defendants on Aug. 21, 2012. Defendants claimed that Jones was negligent for failing to have the proper license to operate the scooter on the roads, for failing to wear proper eye and head gear, and for operating the scooter on a roadway where the speed limit was 45-55 mph when the scooter was only capable of traveling at a rate of 30-35 mph.

The jury found that Christina Araj was 75% at fault for the collision. The verdict amount was prior to reduction for Jones’ 25% comparative negligence.

Orlando car accident lawyer comments: This case proves that even if you have some bad facts (namely, the plaintiff wasn’t properly licensed, and wasn’t wearing headgear), you can still recover a high amount with evidence that the defendant was at fault, and caused serious injuries. When the plaintiff has some blame, as in this case, the judge instructs the jury that they can assign some percentage of fault to the plaintiff. That’s called “comparative negligence,” and that’s what happened here. The plaintiff was found 25% negligence. So the judge would have reduced the verdict by that amount.

It’s also not clear whether there was insurance money to pay this claim. Very often, there isn’t. So the first and biggest case in any serious injury case is what insurance policy coverage the defendant might have. If there is a higher value policy, then medical treatment and experts are used to prove the extent of the injuries. The plaintiff’s very serious injuries were clear in this case, with eight surgeries, and permanent incapacitation requiring constant nursing care. The verdict was so high because the injuries were so serious.

Product Liability/Negligent Manufacture of Fishing Boat/Detachment of Windshield Resulting in Facial and Head Injuries.

VERDICT: $1,130,000 for Plaintiff ($50,000 – past medical expenses; $180,000 – future medical expenses; $70,000 – past pain and suffering; $830,000 – future pain and suffering).

STATE: Florida
COUNTY: Seminole
NATURE OF INJURY: Facial lacerations; nose fracture; deviated septum; mild traumatic brain injury with accompanying sleep and emotional disorders, migraines, and temporary loss of smell; post- concussive syndrome causing agitation, depression, loss of motivation, and cognitive deficits; pain and suffering.

SUMMARY:
46-year-old plaintiff Jonathan Turner purchased a 32-foot center console fishing boat manufactured by defendant Donzi Marine, LLC. A month later, plaintiff was boating with two of his friends on Florida’s inter-coastal waterway and traveling at a speed of about 64 miles per hour when the boat’s 32-pound glass and aluminum windshield became dislodged from the center console without warning and struck plaintiff in the face. He became immediately aware that he had sustained facial injuries, including lacerations and a broken nose, but allegedly later became aware that he had suffered a concussion and a mild traumatic brain injury causing disturbances in mood, memory, cognitive abilities, and sleep patterns.

Plaintiff filed a product liability action claiming that defendant had negligently installed the windshield by affixing insufficient screws into fiberglass without backing plates, bolts, or marine adhesive. Defendant admitted liability for the facial injuries but disputed causation of a traumatic brain injury. Defendant initially contested liability but, after four years of litigation, conceded liability. However, defendant argued that other factors caused the sleep disorders, headaches, mood problems, and other alleged deficits, including weight gain and low testosterone. Defendant also argued for reduction of plaintiff’s damages for his decision to wait two years for the nasal surgery and rejection of pain management.

The verdict amount was prior to reduction for the jury’s finding that plaintiff failed to mitigate his damages in the amount of $405,000, which resulted in a net verdict of $750,000.

Orlando personal injury attorney comments: Can you believe the defendant tried to argue that they weren’t responsible for these injuries? That should show you just how hard these companies will fight to avoid paying any money. Additionally, once the defendant accepted liability (which means they accepted that they caused the accident), they still fought HARD over the seriousness of the plaintiff’s injuries. We see this often with particularly mild traumatic brain injury cases. Whenever the symptoms resemble ordinary problems (like disturbed mood and sleep), proving a TBI is challenging. The best approach when the TBI diagnosis is clear is to hire the best TBI expert, which is a physician with outstanding credentials, experienced with explaining the impact of a TBI to the jury. This is the approach that has helped us prove mild, moderate, and severe TBI cases.

Negligent security at tavern – Man sues bar after fight leaves him with head injury – Permanent traumatic brain injury.

Result: $18,000,000 VERDICT

STATE: Florida
COUNTY: Orange

Summary:

In this tavern negligent security action, the male plaintiff, in his early 30s, sued the defendant tavern after he suffered a traumatic brain injury while trying to break up a bar fight. The matter was resolved with a jury verdict.

The evidence revealed that the plaintiff, Joshua M., a regular at this bar in Orlando, Florida, stepped in to stop a bar fight around closing time. The plaintiff maintained that he suffered a traumatic brain injury after he was struck by another patron and fell, striking his head on the cement. The plaintiff was in a coma for two months. He now walks with a cane and suffers from difficulty communicating. The defendant made a general denial of liability.

The plaintiff contended that the defendant bar was negligent in failing to provide adequate security and failing to train their personnel in how to properly deal with unruly patrons. The plaintiff claimed that the defendant’s negligence in this regard was a direct cause of his injuries.
The plaintiff filed suit in Circuit Court of Orange County, Florida against the bar. The plaintiff’s negligent security claim sought compensatory damages for lost earnings and medical expenses, as well as other damages.

The jury found for the plaintiff and awarded $18 million in damages.

Orlando personal injury lawyer comments: This verdict was so high because the injuries were so serious, and easy to prove because the plaintiff was in a coma for two months, after which he had difficulty walking and communicating. This is the type of severe TBI where the extent of the injuries is easy to prove. Negligent security requires proof that there had been prior similar crimes on the premises, so there must have been good evidence on that issue, as well.

Motor vehicle negligence – Three-vehicle, rear end collision – Mild traumatic brain injury – Shoulder subluxation with surgery – Ligament damage to neck.

Result: $505,775 VERDICT

STATE: Florida
COUNTY: Orange

Summary:
This action arose from a rear end collision caused by the negligence of the defendant driver, driving a cargo van owned by the defendant corporation. The plaintiff was granted summary judgment on the issues of liability and comparative negligence and the case was tried on damages and causation only.
The collision occurred in Orlando, Florida. The plaintiff’s vehicle was stopped for a traffic light in the left lane of Apopka-Vineland Road when it was struck from behind and pushed into the car in front of it.

The plaintiff testified that she braced for impact using her left arm and her head struck the steering wheel. The plaintiff testified she was dazed and confused and felt pain in her head, neck and shoulders after the collision. The plaintiff, a college student at the time, sought treatment at the University of Central Florida Healthcare Center. She was subsequently diagnosed with ligament damage to her cervical spine and a left shoulder subluxation and impingement for which shoulder surgery was performed. In addition, the plaintiff claimed that the collision caused a mild traumatic brain injury characterized by vertigo, decreased memory, slowed mental functioning, headaches and dizziness.

The defendant argued that the plaintiff’s symptoms of brain injury were subjective and were not supported by objective evidence. The defense maintained that the plaintiff’s concussion- like symptoms would have resolved within nine months of the accident. The defendant stressed that the plaintiff returned to college after the accident and received better grades than she did before the accident, negating her claim of cognitive impairment. The defense also contended that a routine X-ray of the plaintiff’s cervical spine was performed after the accident and was normal and that the plaintiff’s neck and shoulder complaints were not caused by the collision.
The jury awarded the plaintiff $505,775 in damages.

Orlando car accident lawyer comments: The fault of this accident was clear, since the defendant rear-ended the plaintiff. The plaintiff was also young. These were very serious injuries for a young person, including the shoulder surgery, and moderate TBI. Clearly the experts supported the plaintiff’s claims of having a TBI.

Most Important Issues in Traumatic Brain Injury Cases

The ten examples above involved some of the highest verdicts in Florida history for traumatic brain injury cases. We did NOT include many lower value verdicts, which often involve much less serious TBI cases. TBI cases increase in value, substantially, when the cause of the accident is clear, and the plaintiff’s injuries are severe, and experts agree that the plaintiff experienced a TBI.

Sometimes symptoms can seem like TBI, but actually be something milder, like post traumatic stress disorder (PTSD). PTSD cases also have value, just not as high. So proving a serious TBI case always involves hiring the best TBI experts to evaluate the plaintiff, and testify when needed to a jury.

If the TBI diagnosis is either mild, or unclear, then the value will be lower. Values higher than 1 million usually involve lifetime, debilitating TBI cases, where there really isn’t any way for the defendant to dispute the diagnosis.

In short, more severe TBI cases, where the plaintiff has had obviously life-altering injuries, lead to the highest recoveries. Mild to moderate TBI symptoms, such as headaches, mood and sleep disturbances, and even mild cognitive disturbances, are much more difficult to prove. But utilizing the best experts and treatments is the best way to maximize the value of TBI cases.

What If You Already Have Another Florida Accident Lawyer?

We have accepted many cases where clients were unhappy with their current lawyer. However, usually we cannot accept the case if your lawyer withdrew from the case, or your lawyer has already received an offer in the case, because your lawyer will have a lien for his or her fees. That being said, if your lawyer has not withdrawn, but you are unhappy with his or her services, then we would be glad to discuss whether we might be able to help.

Why Hire Us To Handle Your Florida Traumatic Brain Injury Lawsuit?

Ms. Willis has worked at some of the largest insurance defense firms in the country, often on multi-million dollar cases. She was also formerly a law professor, and graduated second in her law school class. She works with a small team of very experienced lawyers who have recovered many millions of dollars for their clients, won countless industry awards, and always have a low volume / high service approach to each and every case. We are the antidote to big personal injury firms. We will tell you what is needed to maximize your case value.

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Herniated Disc Lawsuit Verdicts: 10 Florida Accident Examples https://injuryattorneyflorida.com/herniated-disc-lawsuit/ https://injuryattorneyflorida.com/herniated-disc-lawsuit/#respond Wed, 05 Feb 2020 22:17:35 +0000 https://injuryattorneyflorida.com/?p=13539 Orlando Accidents: Herniated Disc Lawsuit Verdict 10 Examples
As an Orlando personal injury & car accident lawyer, I have had many clients who have suffered a herniated disc as a result of their accidents.  Whenever we are trying to settle a herniated disc pre-suit (without a lawsuit), or are preparing for a mediation or trial, during a herniated disc lawsuit, we research other reported case values.
For immediate FREE evaluation of your case, please call or text our Florida accident ...

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Orlando Accidents: Herniated Disc Lawsuit Verdict 10 Examples

herniated disc lawsuitAs an Orlando personal injury & car accident lawyer, I have had many clients who have suffered a herniated disc as a result of their accidents.  Whenever we are trying to settle a herniated disc pre-suit (without a lawsuit), or are preparing for a mediation or trial, during a herniated disc lawsuit, we research other reported case values.

For immediate FREE evaluation of your case, please call or text our Florida accident & injury lawyer hotline, at (407) 803-2139.

Below, I have pasted ten examples from some of my recent research on herniated disc lawsuits.  After each example, you will see my comments.  Those might help you understand some of the facts that might affect any case value.

Also, there were over 9200 case search results in our verdict & settlement database for “herniated disc lawsuit,” ranging in value from zero to several million (usually millions would involve substantial lost wages OR other additional injuries).  So please understand that those pasted below are just a few examples.  When we are analyzing a specific case, we further refine our search results, to find cases that are most factually similar to our own.  This research can take many, many hours.

The best way for you to get a better idea of the pros and cons of YOUR accident case is to give us a call.  We provide FREE case evaluations 24/7/365.  And we have an impressive track record of high value results, mostly because we spend the time needed to maximize the value of all of our clients’ cases.

But here are a few examples, to help you understand our research on case values.

Herniated Disc Lawsuit Examples:

1.  PAVON v. ESTO-VIR CONSTRUCTION CORP.

General: CONTRACTOR NEGLIGENCE
Specific: Faulty materials
SUMMARY
Outcome: Settlement
Non Verdict Award: $92,500
Total Verdict: $92,500

STATE: Florida
COUNTY: Orange
City: Orlando
Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 25
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS
Type: Single Organization
Sex: Organization
Organization Type: Construction-General Building Contractors
DAMAGES:
Other: $92,500
Total: $92,500
FACTS:
A 25-year-old male plumber suffered a herniated disc at L4-5 and a metacarpal fracture when a scaffold collapsed on the defendant’s construction site. The plaintiff contended that the defendant negligently constructed the scaffold. The defendant contended that the herniated disc was caused by a subsequent accident. The plaintiff’s medical and past wage losses were paid by collateral sources.

Orlando personal injury attorney comment: The defendant here argued that the plaintiff’s injuries were caused by a *subsequent* accident. That means that the plaintiff had another accident, after the accident that was the basis of the lawsuit. Subsequent accidents VERY OFTEN cause problems with proving that the original accident caused all of the plaintiff’s pain and suffering, because the defense can introduce evidence related to the subsequent accident, and any medical treatment after that accident..

2.  SHYTLE v. PALM BEACH COUNTY SHERIFF’S DEPARTMENT

General: HEAD-ON COLLISION
Specific: Crossed Centerline

STATE: Florida
COUNTY: Lake
City: Clermont
PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 23
Occupational Field: Construction-general
DAMAGES:
Past Medical: $25,000
Future Medical: $
Past Wage: $10,000
Future Wage: $
Pain and Suffering: $
Other: $
Total: $35,000
FACTS:
A 23-year-old male construction worker suffered a herniated disc at L4-L5 when his vehicle was struck head-on by the defendant sheriff’s department’s police cruiser. The plaintiff contended that the defendant’s driver failed to stay to the right of the center line. The defendant denied liability and contended that the plaintiff exaggerated his injuries.

Orlando car accident lawyer comment: Since the damages in this case were relatively low, based on the injuries, we can only guess / assume that the jury didn’t believe the plaintiff, when he testified about his pain and suffering, and the extent of his injuries.

3.  HITE v. LIBERTY MUTUAL FIRE INSURANCE CO.
General: VEHICULAR LIABILITY
Specific: Underinsured Motorist
STATE: Florida
COUNTY: Osceola
City: Kissimmee

PRIMARY INJURY: Herniated Disc Lawsuit

Sex: Male
Age: 49
DEFENDANT:
Type: Single Organization
Sex: Organization
Organization Type: INSURANCE

DAMAGES:
Total: $160,000

FACTS:
A 49-year-old business owner suffered a herniated lumbar disc which resulted in 5 percent permanent impairment to the body and a tear of the medial meniscus which resulted in 3 percent permanent impairment to the body when his vehicle was struck broadside by an underinsured motorist’s vehicle. The plaintiff contended that he held a policy of uninsured / underinsured motorist coverage with the defendant insurance company. The defendant denied liability. The tortfeasor settled with the plaintiff for $10,000.

Orlando car accident attorney comment: Since the jury found the damages were 160K, most like the case settled for 10K because the available insurance policy limit (which caps damages in almost all cases) was much lower. There may have been other arguments related to problems during the trial.

4.  ANDERSON v. NAMCO INTERNATIONAL CORP. D / B / A METALS RECOVERY GROUP

LIABILITY:
General: BUSINESS NEGLIGENCE
Specific: Bystander

COMPARATIVE NEGLIGENCE PERCENTAGE: 5%

STATE: Florida
COUNTY: Orange
City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 64

DEFENDANT:
Type: Single Organization
Sex: Organization
Policy Limit: $
DAMAGES:
Past Medical: $70,266
Future Medical: $90,000
Past Wage: $
Future Wage: $
Pain and Suffering: $300,000
Other: $
Total: $460,266

COMPARATIVE NEGLIGENCE PERCENTAGE: 5%
FACTS:
A 64-year-old male scrap metal collector suffered a herniated disc at L4-L5 when he was struck by the defendant company’s vehicle while at the defendant’s scrap metal yard. The plaintiff contended that the defendant’s driver operated the truck in a negligent manner. The defendant denied liability and contended that the plaintiff was negligent in being in a restricted area.

5.  GUERRSI v. CAIOLA
LIABILITY:
General: LANE CHANGE
Specific: Defendant Changing
SUMMARY
Property: $
Other: $
Interest: $
Loss of Services: $15,000
Loss of Services By: Spouse
DEFENDANT ADMITTED LIABILITY: Yes

STATE: Florida
COUNTY: Orange
City: Winter Park

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 40

DEFENDANT:
Type: Single Individual
Sex: Male
Policy Limit: $
DAMAGES:
Past Medical: $148,901
Future Medical: $100,000
Past Wage: $50,000
Future Wage: $276,000
Pain and Suffering: $50,000
Other: $
Total: $624,901
Loss of Services: $15,000
Loss of Services By: Spouse
DEFENDANT ADMITTED LIABILITY: Yes
FACTS:
A 40-year-old male gutter installer suffered a herniated disc at C6-C7 and aggravation of depression which resulted in an inability to return to work when his vehicle was struck broadside by the male defendant’s vehicle. The plaintiff contended that the defendant operated his vehicle in a negligent manner. Thedefendant admitted liability but contended that the plaintiff’s herniated disc was pre-existing.

Attorney comment: Notice that one category within the damages was lost wages, past and future. Lost wages are more difficult to recover when your prior working history is either self-employed (because past income is more difficult to prove and often leads to issues with tax return filings being truthful) or for those without a longer work history. However, we definitely try to work around problems to prove lost income whenever possible.

6.  BALLAUF v. GINSBERG
LIABILITY:
General: PEDESTRIAN
Specific: Crossing roadway
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $109,800
Total Verdict: $109,800

STATE: Florida
COUNTY: Orange
City: Orlando
PRIMARY INJURY: Herniated Disc Lawsuit
PLAINTIFF:
Sex: Female
Age: 35
General Occupation: PROFESSIONAL
Occupational Field: FINANCE-BROKERAGE FIRM
DEFENDANT:
Type: Single Individual
Sex: Female
DAMAGES:
Past Medical: $9800
Future Medical: $100,000
Total: $109,800
COMPARATIVE NEGLIGENCE PERCENTAGE: 10%
FACTS:
A 35-year-old female mortgage broker suffered a herniated lumbar disc and aggravation of preexisting spondylolisthesis, requiring continual medical treatment and resulting in permanent impairment, when she was struck by the female defendant’s vehicle while crossing the street and as the defendant was exiting a parking lot. The defendant maintained that the accident was unavoidable because the plaintiff stepped out into the path of her vehicle. The defendant disputed the severity of the plaintiff’s injuries, maintaining that the plaintiff’s herniated disc was not permanent in nature and that she suffered no aggravation of her preexisting condition. The plaintiff was found 10 percent negligent, and the award was reduced accordingly.

Attorney comment: Juries will often award lower amounts when the plaintiff had pre-existing, related medical conditions. The reason is that the defendant is only responsible for the pain and suffering that he or she caused. And the plaintiff has the burden of proving that cause. That being said, we try hard to find evidence that the pre-existing condition was not similar in nature. Also, this case involved “comparative negligence,” which means that the jury decided that the plaintiff shared 10% of the blame (most likely for walking into the street, in the jury’s opinion, without being careful enough). In those cases, the judge reduces the damage award, so that, on this example, the defendant only had to pay 90% of the total.

7.  VAZQUEZ v. REGENCY MARITIME CORP., ET AL.

General: EMPLOYER NEGLIGENCE
Specific: Shipping employee
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $483,800
Total Verdict: $483,800

STATE: Florida
COUNTY: Orange
City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit
SUMMARY
PLAINTIFF:
Sex: Male
Age: 40
General Occupation: GENERAL LABORER
Occupational Field: TRANSPORTATION-WATER

DEFENDANT:
Type: Single Organization
DAMAGES:
Past Wage: $14,040
Pain and Suffering: $245,000
Other: $224,760
Total: $483,800
FACTS:
A 40-year-old seaman suffered a herniated lumbar disc, required back surgery, when he slipped and fell while carrying a 75-pound box on a stairway on the defendant’s cruise ship. The plaintiff contended that the defendant required him to carry a box heavier than the 29-pound limit, that he could not put one hand on the railing because he needed both hands to carry the box, that he was not permitted to use the passenger elevator, and that the rug on the stairs was in need of repair. The defendant’s medical experts opined that the plaintiff did not suffer a herniated disc and did not require surgery.

Attorney comment: The jury obviously believed the plaintiff’s testimony regarding the extent of his pain and suffering, and the cause of the accident. The defendant also did several things wrong. A herniated disc with surgery can be a higher value case, depending on the facts, and whether the jury believes the plaintiff, and his experts, or the defendant, and his experts.

8.  BUSSEY v. USAA CASUALTY INSURANCE CO., ET AL.
General: VEHICULAR LIABILITY
Specific: Uninsured motorist
SUMMARY
Outcome: Plaintiff Verdict
Total Verdict: $101,166
STATE: Florida
COUNTY: Orange
City: Orlando
PRIMARY INJURY: Herniated Disc Lawsuit

PLAINTIFF:
Sex: Male
Age: 35
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS

DEFENDANT:

Organization Type: Insurance
DAMAGES:

Total: $101,166
FACTS:
A 35-year-old male ceiling installer suffered herniated discs at C6-7, temporomandibular joint syndrome, and cervical myofasciitis when his vehicle was struck from the rear by an uninsured motorist’s vehicle. The defendant was the plaintiff’s uninsured motorist carrier.

Attorney comment: This is a perfect example of what I always tell my clients: YOUR OWN insurance company will fight just as hard not to pay, when you have an uninsured motorist policy. This factual summary didn’t provide medical treatment (like surgery), so it’s difficult to analyze further. But with most rear-end vehicle collisions, both sides are arguing about the VALUE of the damages, rather than who caused the accident. Usually the rear-driver will be held responsible in a rear-end collision. So the fight becomes what is the value of the plaintiff’s injuries. There are never clear answers to that question; the jury can decide whatever they want after hearing all of the evidence, which includes testimony from the plaintiff, and often medical records and medical (doctor) expert testimony, then testimony from the defendant’s experts. Typically, those with higher medical bills will have higher overall case totals, all other factors being equal, because the jury adds those numbers into their calculations. Medical bills are part of the damage amounts.

9.   HAMILTON v. HIRSCH; HOUSE OF HIRSCH ANTIQUES, INC.; FORD MOTOR CREDIT COMPANY
General: INTERSECTION
Specific: Broadside collision
SUMMARY
Outcome: Plaintiff Verdict
Non Verdict Award: $13,700
Total Verdict: $13,700
STATE: Florida
COUNTY: Seminole
PRIMARY INJURY: Herniated Disc Lawsuit

Sex: Male
Age: 42
General Occupation: GENERAL LABORER
Occupational Field: CONSTRUCTION-SPECIAL TRADE CONTRACTORS

DEFENDANT:
Type: Individual / Organization
Sex: Male
DAMAGES:
Other: $13,700
Total: $13,700
FACTS:
A 42-year-old male electrician and musician suffered an aggravation of herniated discs at C5-6, C3-4, and a herniated disc at L4-5, and cervical and lumbar strains when his vehicle collided with the male defendant’s vehicle at an intersection. The defendant’s vehicle was leased from the third-named defendant company. The defendant was attempting to cross the lane of the plaintiff’s travel at the time of the collision. The defendant contended that the plaintiff’s injuries were pre-existing.

Attorney comment: This was a low jury award, so the jury must have believed the defendant’s argument that the plaintiff’s injuries were pre-existing and/or the plaintiff may not have had enough treatment to convince the jury that his injuries were that serious. These facts do not tell us what treatment the plaintiff received.

10.  KAAS v. ATLAS CHEMICAL CORP.

LIABILITY:
General: TRUCK ACCIDENT
Specific: Rear-end collision
SUMMARY
Was Appeal Filed: Yes
Outcome: Plaintiff Verdict
Non Verdict Award: $1,122,000
Total Verdict: $1,122,000
Final Demand: $1,000,000
Final Offer: $40,000

STATE: Florida
COUNTY: Orange

City: Orlando

PRIMARY INJURY: Herniated Disc Lawsuit

SUMMARY
PLAINTIFF:
Sex: Male
Age: 47
General Occupation: SALESPERSON
Occupational Field: RETAIL-USED MERCHANDISE STORES

DEFENDANT:

Organization Type: Manufacturing-Chemicals and Allied Products
DAMAGES:
Past Medical: $22,000
Future Medical: $450,000
Pain and Suffering: $550,000
Total: $1,022,000
Loss of Services: $100,000
Loss of Services By: Spouse
FACTS:
A 47-year-old self-employed male antique dealer sustained a herniated lumbar disc L5-S1; a possible herniated cervical disc; chondromalacia of one knee; traumatically-induced impotence; and some urinary incontinence when the pickup truck in which he was a passenger was struck from the rear by the defendant chemical company’s truck. The accident occurred when the host driver had stopped on an entrance ramp to an interstate. The defendant disputed the plaintiff’s impotence, maintaining that hospital records indicated that the plaintiff had complained of impotence two months prior to the accident. A motion for a new trial was granted.

Orlando truck accident lawyer comment: This was a high verdict considering that the plaintiff’s medical bills were so low.  That might be the reason that the defendant filed an appeal, and the judge granted a new trial (which means that the court rejected the jury verdict in this case and both sides either have to start over, or settle the case — most likely they probably settled for a lower amount).  But the good facts about the case were that this was a rear-end collision (so the defendant was at fault) and this was a commercial trucking accident, which means that there is actually enough insurance to pay this claim.  The plaintiff’s injuries were also serious.  We do not know what medical evidence or treatment the plaintiff presented, which makes this case difficult to fully analyze.

Haven’t seen enough? Here are more car accident case settlement value examples.  And here are more slip and fall case settlement examples.

Curious about the legal issues involved in car accident cases? Here is more information about how we handle Orlando car accident cases.

What if you already have a Florida injury or accident lawyer?

We do sometimes accept auto accident cases where other lawyers have been involved. However, we very carefully scrutinize these cases. Unfortunately, must reject many of them. We cannot give you a second opinion unless you are ready to fire your lawyer.

If your lawyer has already received an offer, or has withdrawn from representing you, there is very little chance that we can accept your case.

Usually we are only able to accept cases where the potential client already has another lawyer when the injuries are serious, there is a substantial insurance policy involved, the other lawyer hasn’t received an offer in the case, the client has received ongoing treatment, the vehicle damage was significant, and the client is unhappy with the service they have received so far, from the lawyer, and for good reason. This is because clients have already signed binding and enforceable contracts with those lawyers. So we have to evaluate whether that other lawyer would be entitled to payment on the case.

That all being said, just as an example, we recently settled a case for 550K where the prior lawyer’s best offer before our involvement was 15K. The client came to us because he was unhappy with his prior lawyer, because the high volume / big firm lawyer was not communicating well, or doing other work on the case. We had another case last year where our client was only offered 2K, with a prior lawyer, and we settled for 1M.  BUT each case IS different.

If you call and share basic facts about your case, including why you aren’t happy with your lawyer, then we can let you know pretty quickly whether we think we can help.

Why Hire Us?

Ms. Willis has worked at some of the largest insurance defense firms in the country, often on multi-million dollar cases. She was also formerly a law professor, and graduated second in her law school class. Lawyers on her team have recovered many millions of dollars for their clients, won countless industry awards, and always have a low volume / high service approach to each and every case. We are the antidote to big personal injury firms. We will tell you what is needed to maximize your case value.

If you would like us to evaluate your case more closely, please call or text (407) 803-2139, 24/7/365.

 

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Top 5 Things To Do After An Uber Or Lyft Accident That Caused Injuries https://injuryattorneyflorida.com/uber-lyft-accident-injuries/ https://injuryattorneyflorida.com/uber-lyft-accident-injuries/#respond Wed, 04 Dec 2019 21:07:42 +0000 https://injuryattorneyflorida.com/?p=13363 As an Orlando car accident lawyer, we regularly receive calls from Uber or Lyft passengers, or other drivers on the road, who were injured in accidents caused by Uber or Lyft drivers. These cases are very similar to any other auto accident. But there are some key differences.

Top 5 Ways To Get the Most Money Possible From Any Uber Or Lyft Auto Accident:
If you were injured in an accident caused by an Uber or Lyft driver, here ...

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As an Orlando car accident lawyer, we regularly receive calls from Uber or Lyft passengers, or other drivers on the road, who were injured in accidents caused by Uber or Lyft drivers. These cases are very similar to any other auto accident. But there are some key differences.

Top 5 Uber Lyft Accidents

Top 5 Ways To Get the Most Money Possible From Any Uber Or Lyft Auto Accident:

If you were injured in an accident caused by an Uber or Lyft driver, here are the top five things to do, immediately after your accident, to get the most money possible from your accident case:

#1: Receive immediate medical treatment if you feel any pain.

Transport by ambulance if needed. If you did not go to the hospital immediately by ambulance, then going to a walk-in clinic, rather than the ER, can be better for your case long-term. The reason is that the cost of the walk-in clinic is usually lower. The main purpose of receiving medical care immediately, or as soon as possible after the accident, is proving to the insurance company (or, later, possibly a jury) that you were really hurting after any Florida car accident. You also MUST receive medical care within 14 days, or your Florida no-fault (PIP) coverage will not cover your medical bills. But, ideally, you should see a doctor within a few days of your accident, at the very latest. Sooner is always better.

Note that sometimes the goal of your Orlando car accident lawyer is NOT to keep costs down in your case, particularly in an Uber or Lyft accident case, because depending on who was injured, may have a very high policy amount for coverage. The reason is that higher medical bills, as a general rule, provide very valuable evidence that helps us prove that your injuries were more serious. But we never like a client to incur major medical bills until we have a better idea of their specific injuries, recommended treatment by initial doctors, and how the insurance policy might apply. Basically we need to recommend treatment, on a case-by-case basis, depending on the unique facts of your case, to get the most money possible. Until we know more about the case, for your immediate medical care, the best first step, if you were not transported by ambulance, is a walk-in clinic.

#2: Take photos of all vehicles, and the accident scene, or have your family take photos.

Even if you are sitting in a hospital bed, you would be smart to have someone in your family go take photos of the vehicles, preferably in daylight. Photos of significant vehicle damage can be very powerful in convincing a jury that you suffered severe injuries, especially if your injuries aren’t obvious (like back or neck pain). Unfortunately, insurance companies often will not take photos, and cars and trucks can be impounded and destroyed, before we can get photos. So taking photos as soon as possible can be important. (We can still fight an auto accident case without photos, with things like vehicle damage estimates for repairs. But we greatly prefer to have our own photos.)

#3: Get any witness contact information.

This includes the witness’ name, address, phone number, and email.

This is particularly important if there might be a dispute regarding who caused the accident (which is common in things like intersection collisions, versus rear-end auto accidents, when fault is usually obvious, and placed on the rear driver).

Updated to add: you should ALWAYS contact the police on the scene, even if you have witness info.  Not reporting an incident to police can destroy your case value.

#4: Do NOT contact Uber or Lyft, or even your own insurance company, before speaking to an Orlando car accident lawyer.

Except note that, if you do not follow #5 below, you are required to report accidents to your own company within a short time period, under the terms of your contract.

So if you do not plan to hire an Orlando auto accident lawyer, then you should report the accident to your own insurance company ASAP.

Just realize that, if you have something called Uninsured Motorist (“UM”) coverage, then your own insurance company steps into the shoes of the at-fault driver, and they will be just as much of an adversary (meaning not on your side) as the other driver’s insurance company would be. And the insurance company WILL try to get information to lower your case value. Their adjusters are very skilled at asking questions that sound innocent, to get information that hurts your ability to recover more money later in the process. For this reason the absolute most important thing you can do after any Uber or Lyft accident is #5:

#5: Contact a Florida auto accident lawyer ASAP, who is experienced with Uber or Lyft accident cases.

Our lawyers are experienced with Uber / Lyft accident cases — so we can guide you through the unique requirements of those cases.

We cannot over-emphasize the importance of NOT contacting Uber, or Lyft, or your own insurance company, before calling us. BUT with the HUGE disclaimer that you MUST report these accidents VERY QUICKLY.  So you should report them yourself, if you aren’t going to call us ASAP.

These companies (meaning Uber, Lyft, and many insurance companies) often encourage you to report accidents through their mobile phone apps. This is a HUGE trap.

Please call us today, for your free consultation, before you speak to any insurance adjuster, and potentially (greatly) harm your Uber insurance claim. You should have a lawyer communicating on your behalf, so that you do not say anything that harms your claim. This includes those who really are injured, even seriously injured — insurance companies never want to pay you anywhere near what your case is actually worth. So they can twist very innocent statements to make it look like you really aren’t injured, or that you caused the accident.  And they actively try to ask probing questions so that you will share ANY facts that could help them (for example, if you innocently share that you attending a wedding last weekend, which they use to suggest that anyone really injured wouldn’t attend a wedding).. And not paying you is ALWAYS their goal. They are very experienced with trying to collect evidence that hurts your car accident case value, often directly from you, so please do not help them! 

You can read more here about the unique aspects of Uber & Lyft accident cases.

If you would like to speak with an experienced Uber / Lyft lawyer ASAP, please call our attorney hotline at (407) 803-2139, anytime of the day or night, for your totally free & fast consultation. Or contact us by email.  After a few initial intake questions, if we think might might be able to handle your case, we will either have an attorney speak to you immediately, or return your call, often within a few minutes or hours.  You never pay us one dime until we recover money for you.

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Should You Have Your Orlando Personal Injury Case Resolved FAST? https://injuryattorneyflorida.com/orlando-personal-injury-fast/ https://injuryattorneyflorida.com/orlando-personal-injury-fast/#respond Fri, 22 Nov 2019 20:49:39 +0000 https://injuryattorneyflorida.com/?p=13338 As an Orlando personal injury lawyer, I’m always watching new marketing strategies by insurance companies. Today I learned that insurance companies are advertising that they will process auto accident claims more quickly.
So, I wanted to answer the question:
Should You Seek A FAST Settlement In Your Orlando Personal Injury Case?
My first thought is that fast claims processing is a marketing ploy designed to allow the insurance companies to pay FAR less on serious personal injury or wrongful death ...

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Orlando Personal Injury Lawyer Settles FastAs an Orlando personal injury lawyer, I’m always watching new marketing strategies by insurance companies. Today I learned that insurance companies are advertising that they will process auto accident claims more quickly.

So, I wanted to answer the question:

Should You Seek A FAST Settlement In Your Orlando Personal Injury Case?

My first thought is that fast claims processing is a marketing ploy designed to allow the insurance companies to pay FAR less on serious personal injury or wrongful death cases. Having a claim processed fast can be a gigantic mistake on the part of the injured person, which is why most insurance companies try very hard to get those claims settled quickly, before Orlando personal injury lawyers can get involved.

Even worse, MANY Orlando personal injury lawyers try to rush their cases through the system, so that they can get paid faster, which can cost you a LOT of money.

With personal injury cases, there is no way for the insurance company to know the potential value of the claim, before the person goes through treatment, which might include lengthy physical therapy, injections, surgery, or even multiple surgeries, rehab, and post-surgical or ongoing life care. However, the insurance company has no incentive to maximize the injured person’s case value. Why would they? If they are able to settle the case by paying for the initial ER visit, then the person can’t come back to them later, and ask for a much higher payment based on additional treatment.

Insurance companies can be extremely aggressive in trying to settle cases early, precisely for that reason.

The fact is, anytime there is a serious personal injury or death, the person needs to call an Orlando personal injury lawyer ASAP, NOT the insurance company.

That all being said, you CAN settle a vehicle damage claim quickly. Those are usually much more straightforward. The same might apply to very minor injuries, although I would caution those in accidents to be SURE they only have minor injuries (often by having an MRI), because a mild neck pain one day after an accident can get worse later.

Additionally, SOME cases can be resolved quickly, like when the money damages FAR exceed the available insurance coverage. But this is a case-by-case question, best answered by an Orlando personal injury lawyer.  And usually an injured person will not be able to get the insurance company to pay quickly without a lawyer, unless the available policy amount is VERY low.

If you would like to speak with an experienced Orlando personal injury lawyer who will tell you the best way to handle your case, and provide tailored advice to YOUR situation, please give us a call or text at (407) 803-2129. (You will need to answer a few preliminary questions before speaking to a lawyer, to make sure you have the type of case we typically handle. But we offer personalized attorney consultations, to help you learn how to get the most money from your personal injury case, for every case we might be able to handle!)

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The Truth About Florida Car Accident Lawyers (And Cases) https://injuryattorneyflorida.com/truth-florida-car-accident-lawyers/ https://injuryattorneyflorida.com/truth-florida-car-accident-lawyers/#respond Mon, 18 Nov 2019 22:45:53 +0000 https://injuryattorneyflorida.com/?p=13319 Florida Car Accident Lawyers & Cases: The Truth
When most people call my office about a Florida car accident, they really have no idea how these cases are handled. There are so many misconceptions because the cases involve complex procedures that most people don’t understand.
But let’s just say that you were rear-ended in a serious accident. If you were injured, you probably went to a doctor or hospital. Then you may or may not have called an insurance company ...

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Florida Car Accident Lawyers & Cases: The Truth

When most people call my office about a Florida car accident, they really have no idea how these cases are handled. There are so many misconceptions because the cases involve complex procedures that most people don’t understand.

But let’s just say that you were rear-ended in a serious accident. If you were injured, you probably went to a doctor or hospital. Then you may or may not have called an insurance company (hopefully you didn’t).

Anyway, if you were seriously injured in Orlando, Florida, there is no question, you need an Orlando personal injury lawyer. (We actually handle cases around the state.)  But what will we do?

Text Or Call 24 Hour Car Accident Lawyer Hotline (407) 803-2139

What Do Florida Personal Injury Lawyers Actually Do?

That depends a LOT on which Florida personal injury lawyer you hire. Unlike legal issues involving businesses, family law, or even criminal law, most injury & accident lawyers, from small and large firms, practice HIGH VOLUME LAW. The owners of most of those firms have simply made the financial calculation that, even if they do not maximize their client’s cases, they will do “good enough” on most cases, and with a higher volume, they will make more money.

I guess that’s all fine and good, as long as you aren’t the poor client in that situation.

We have made the decision, as a team, to practice LOW VOLUME LAW. That makes us a very unusual law firm in the personal injury world. This is just the way I have always operated best — intense focus and low volume. I sleep best at night when I know that we are doing our absolute best for all of our clients. And I surround myself with a very small group of highly experienced & award-winning lawyers, part of a team I have created, who feel the same way.

But the actual PROCESS of handling car accidents cases is very similar across most firms (with one big exception: many large and small high volume firms do NOT ever file lawsuits).

How Do Personal Injury Lawyers Get Your Case Settled?

Once you have had an accident, we lawyers usually do not know your case value. Even if you have had extensive treatment, like an emergency surgery, we usually need to wait to see how you recovered from the surgery, and whether your injuries impact any other areas of your life, such as your ability to get back to work, and enjoy other activities, like hobbies, exercise, events with family, and that sort of thing.

Once you have finished most of your medical treatment, we next must decide whether to file a lawsuit, or settle your case without one.

There are pros and cons to settling without filing a lawsuit versus filing a lawsuit. Both can be excellent choices, depending on the specific facts of your case.

If you recovered well and did not receive extensive treatment, then, most of the time, we will prepare a demand package, which includes your medical bills, medical treatment summaries, and our version of the story of how this accident has affected your life. We also include photos from the accident, the vehicles, and, if available, any pictures of your injuries (such as you with a cast on your arm after surgery, in the hospital, and that kind of thing). The most important part of the demand package is HOW we tell your story. We are big on details, so we take the time to learn how the accident has affected you, then tell your story in the most persuasive way possible, with the goal of convincing the insurance company that you really deserve the big amount of money we are seeking on your behalf.

You should know that insurance companies are NOT fair. They simply do not care about what happened to you, or why you deserve more money, unless they believe that they will lose MORE by fighting harder & longer, which is what we always aim to convince them.

Another time when we will try to settle cases pre-suit is if you were SERIOUSLY injured, the other driver was CLEARLY at fault, and the value of your case is CLEARLY above the available insurance policy limits. In these cases, as long as we convincingly tell your story, and provide the necessary evidence, we can often settle very high value cases, even multi-million dollar cases, without filing a lawsuit, or very, very early in the lawsuit. But that takes major preparation before we send the package.

If we are able to settle without a lawsuit (which we call “pre-suit,”) then the process is fairly simple. Sometime after you’ve finished most of your medical treatment, we send our demand letter, then we negotiate with the insurance company on your behalf. Once we reach an agreed upon settlement (and we always make sure you agree; in fact we are required by law to make sure you accept the settlement amount), then the insurance company sends us a settlement agreement, which you sign, we return, and then they send us a check. We deposit that check into our bar-regulated trust account. From there, our fee is deducted, and we have to re-pay your medical bills, including any payments made by health insurance companies (we aggressively negotiate these bills on behalf of our clients, however). Then we send the remainder to you. And the case is closed.

What If We Need To File A Lawsuit?

There are some cases where your best option, by far, is for us to file a lawsuit.

Then we usually collect evidence before filing the lawsuit, to make sure we will be able to prove our case.  Then we file a document in the courthouse called a “complaint,” which is served on the defendant, and your lawsuit has begun.

What Happens During A Lawsuit Involving Accidents & Injuries?

Filing a lawsuit is not the same as going to trial. (99% of cases do not go to trial.)

A lawsuit is a long process which starts with the lawyers from both sides trying to collect evidence that is NOT within their own client’s control (often such evidence is controlled by the opposing party, or third parties not involved in the lawsuit).  We need this evidence because the plaintiff (that’s the injured person who normally files a lawsuit) has the burden to PROVE that the defendant caused the accident, and the extent of the plaintiff’s damages.

We find evidence through various procedures like depositions (these are verbal questions by an attorney in the presence of a court reporter, who transcribes the questions and answers), written answers to questions, and document and physical evidence exchanges between the lawyers. Both sides basically spend a long time, in a complex procedure, getting evidence from the other side. It’s a pain for the lawyers but really nothing appears to be happening from the client’s perspective — we just periodically contact clients when we need information, per court deadlines, and otherwise it probably feels a lot like nothing is happening.

Eventually, during the lawsuit, we get to a process called mediation. 90% of cases settle during, or shortly after, mediation. Mediation is different from trial, though. If we can’t settle the case at mediation, then we have to prepare for trial. And trial involves very intensive preparation, where we talk to our client, his providers, experts, and any witnesses, then review documentary evidence (like medical records and bills, employment records, and any other pertinent documents), and physical evidence (like the accident scene itself). We only recommend going to trial when the insurance company is being totally unreasonable in refusing to settle the case, because there is always a risk that the jury could award our client nothing. On the other hand, sometimes going to trial is the right thing to do!

We have only scratched the surface in explaining the truth about car accident lawyers. Every case is different so may involve slight variations in our planning and procedure. So we hope you will call our office for your free consultation, if you were seriously injured. Our lawyers will tell you exactly what you need to know, to get the absolute most money from your car accident case. You can text or call our office, 24/7/365, at (407) 803-2139.  Our experienced lawyers are ready to answer your questions about the best way to proceed in your accident case.  We provide free & fast phone consultations — and return calls and texts as soon as possible.

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