Car Seat Laws in Florida: Everything You Should Know
Florida is a popular destination for families to live and vacation year-round. Despite the pleasant weather and sandy beaches, the Sunshine State boosts one of the highest crash rates across the nation. Because of this, it’s important for parents, guardians, and caretakers to have a thorough understanding of car seat laws in Florida. In many cases, the right safety harness system for your child is a matter of life or death when a car accident takes place. Unfortunately, the odds of experiencing a car accident with your child in tow is not uncommon. According to the NHTSA, car crashes are the leading cause of death for children ages 1 to 13. That is why it is crucial for you to choose and use the right car seat for your child at every stage and age of life. Whether you are a resident of the area or visiting for a short stay, car seat rules in Florida apply at all times. Choosing to observe these rules is the best way to keep your tiny passengers protected from dangerous road hazards while in control of a vehicle. Our lawyers want all families to feel safe and protected on local roads and toll highways. Below we’ll explain key safety information regarding Florida car seat regulations and the affiliated penalties for not using the appropriate car seat for your child. Car Seat Rules in Florida Your duties as a parent are endless. However, one of the most important responsibilities you’ll need to consider is the safe transportation of your child. As opposed to older children and adults who strictly require the use of an automotive seat belt, young children need an extra layer of protection. This is due to their weight and stature. Fortunately, child restraints are proven to enhance safety. Statistics show car seats and booster seats reduce serious injuries or deaths by 80% (when used correctly). Florida Car Seat Laws Height and Weight Car seat laws in Florida are determined by a child’s height and weight. It’s important for parents and guardians to pay close attention to said factors when fitting an infant, toddler, or young child into a new car seat. On average, a toddler grows about 2 to 3 inches and gains 4 to 6 pounds per year. Because the shift in height and weight occurs quite frequently, your child has the potential to outgrow a harness quicker than you may realize. As a general rule, our lawyers recommend that parents attend a car seat check at least once a year. During Child Passenger Safety Week, several cities across Florida offer free car seat checks, where parents can find out if their child is in the right seat for his/her age. First-time parents can also ask local authorities or first responders to explain the correct installation of a specific car seat you have for your vehicle. In Florida, the laws regarding car seats and booster seats include: Ages 0-12 months — Children must use a rear-facing car seat that is federally-approved for newborns and young babies. When a collision occurs, the seat moves strategically to protect the child’s neck and spinal cord. Ages 0-3 years — A child of this age must use a rear-facing, forward facing or all-in-one convertible car seat that fits within the vehicle and can adjust as your child grows. These seats are designed to limit a child’s movement during a crash. Ages 4 to 5 years — Young children must use a backless or high back booster seat or integrated car seat so the vehicle’s lap and shoulder belt fits securely over the child’s body. The transition period from a car seat to booster seat is generally determined by age, weight and height. Florida Booster Seat Law As noted, height and weight are the top indicators for booster seats in Florida. Yet, age plays the most vital role. In most instances, your child is ready to upgrade to a booster seat when they outgrow the weight and height limitations for a forward-facing car seat. This usually falls around 85 pounds and 35 inches. A tell-tale sign that your child is ready for the switch is if their knees do not bend naturally with the seat cushion without slouching. Florida Car Seat Regulations There are different types of car seats available, which include rear-facing car seats, forward facing car seats, booster seats, and the standard seat belt. Generally speaking, the age of a young passenger determines which type of car seat is best suited for your car. With that said, not every child safety restraint fits within all types of vehicles. You must buy a car seat that can be installed properly in order to comply with legal guidelines. Main takeaways: Under Florida law 2024, all children under 5 years or younger must be restrained in a safety harness in the back seat of the vehicle. A child may transition from a rear or forward facing car seat to a booster seat at 4. As of January 1st, 2015, children ages 4 to 5 must ride in a child safety seat or booster seat. Seat belts are not adequate for use until a child reaches 4’9” tall and age 8 to 12 years old. Parents should keep children buckled up in the back seat until they are at least 12 or 13 years old. According to Florida Statutes, there are some instances where car seat laws do not apply. Generally, these circumstances should always be approached with caution if young passengers are involved. The only car seat exceptions in Florida include: Bus transportation Motorcycles Bicycles Farm equipment All motor vehicles must include a car safety harness for young passengers. If you’re confused on which car seat is best option for your little one, visit the National Highway Traffic Safety Administration (NHTSA) website to utilize the Car Seat Finder tool. Once there, you can compare car seats and booster seats and browse thousands of brands and safety ratings. Car Seat Exceptions Florida booster seat law explains
The Dangers of Florida’s Turnpike and Toll Highways
The Sunshine State boosts over 700 miles of toll roads, bridges and causeways, more than any other state in the country. Some of the most notable toll roads include I-75 and Florida’s Turnpike, which dates back to 1957. These roadways were originally designed to reduce traffic congestion and generate funding for improved infrastructure without taxing the general public. Today, thousands of commuters and travelers embark on these roadways on a regular basis. Although their use is invaluable, toll road expansion has resultantly augmented the number of car accidents throughout the state. On average, there are 500 car accidents a day in Florida, with an estimated 200,000 car accidents happening a year. In fact, Florida has one of the highest accident rates across the country, averaging 28% more than neighboring states. Because of this, it’s important for drivers to proceed with caution when driving on toll roads, bridges and causeways in the area. Since many drivers in Florida are visitors, they do not come into contact with toll roads on a regular basis. This causes an increased risk for confusion and distracted driving amongst toll roads. The attorneys at Porcaro Law Group have helped countless toll road accident victims through the difficult proceedings following a crash. We help clients establish culpability and begin the process of filing a personal injury claim. As skilled negotiators, we fight to recover the compensation that you deserve and settle for nothing less. Have you been injured in a toll road car accident? Request a free consultation today! Safety risks on Florida’s Turnpike and toll roads Each year, thousands of tourists descend upon sunny South Florida to enjoy the sandy beaches and family-friendly theme parks. As a result, toll roads become more congested, particularly by drivers who are new to the area or unfamiliar with Florida traffic laws. Unfortunately, this increases the odds of an accident on state roadways. Here are the main risks associated with Florida toll roads: Navigating toll booths One of the unique aspects of toll roads is the physical barriers between drivers and the road. Unlike toll-free highways, in order to enter Florida’s Turnpike you need to pass through a toll booth and pay a fee. Many Florida drivers opt for an annual Sunpass to avoid stopping. But outside drivers are presented with the challenge of choosing which lane to drive through. This makes them more prone to short stops, quick lane changes, and car accidents. Last minute merging When approaching a toll booth on Florida’s Turnpike, you’ll encounter last-minute merging and general confusion by new toll road users. Due to varying pay options and signage, drivers become more focused on getting to the right lane versus watching out for the traffic around them. This causes more slamming on the brakes, delayed lane changes, and sudden stops which play a factor in unexpected crashes. Distracted driving As one of the leading causes of car accidents nowadays, distracted driving continues to increase the number of reported toll road injuries and fatalities across the state. Speeding, drinking and driving, texting, and other reckless behaviors contribute to increased accident risks that result in injury or fatality. Do I need a personal injury attorney? You should always hire a personal injury attorney to help guide you through the process of a toll road accident lawsuit. Oftentimes, big insurance companies will use complicated jargon to try to trick victims into biased settlements. However, with the right attorney on your side, you can easily establish liability for damages, lost wages, and medical bills. In short, attorneys are the key to maximizing your personal injury settlement. In the event that the condition of the road or toll booth may have caused the crash, you’ll need an experienced attorney to help you determine liability as well. Contact Porcaro Law Group for help with your toll road accident The attorneys at Porcaro Law Group work vigilantly to ensure car accident victims receive just compensation. We understand how overwhelming life can get following the aftermath of a car accident, which is why we’ll support you through the entire process of filing a claim. With a knowledgeable approach to insurance company tactics, we’ll make sure you are not taken advantage of nor given a minimized payout. Our valued reputation in South Florida and groundbreaking case results offer victims relief and comfort during a difficult time. Contact our office at (561) 450-9355. You can also get in touch with us through our Free Case Review portal on our website.
How to Pick the Right Personal Injury Attorney
The first step in your personal injury case is choosing an attorney. If you want to maximize your personal injury settlement, this step is a crucial one. But how do you pick the right personal injury attorney in the first place? As it turns out, there are a few clear steps involved in choosing the right lawyer. Once you’ve selected a specialized doctor to review your injury, you can move forward with finding an attorney. First, figure out what type of attorney you need Take a peek at the list of top practice areas, and determine which type of attorney fits your needs best. This depends on the type of personal injury you’re dealing with. Did it happen at work? Were you involved in an auto accident? Questions like this will help guide you in the right direction. Lawyers are just as specialized in their area of expertise as doctors. Obviously, you want a team with maximum experience where it counts. Not every type of accident resulting in an injury is created equal, so be sure to confirm with the attorney’s office before proceeding. Research personal injury attorneys near you One of the best ways to find a quality personal injury attorney is via word of mouth. This means asking your friends and family who they recommend. After all, references from people who’ve had positive experiences with a particular attorney or practice go a lot farther than a Yelp review. If this works out for you, it can save you a lot of time and hassle. You can also do your due diligence by looking through lawyer directories. Here, you can filter out by the practice area you require. Since people tend to have strong opinions about lawyers, you’re bound to find plenty of information on your findings. Review sites like The National Trial Lawyers Association may be of help. You can also check out reviews for personal injury attorneys on Google Maps. Whatever route you take to pick the right personal injury lawyer, be sure to take this step: Check the State Bar Association to verify credentials. Interview the personal injury attorney Believe it or not, you do have the right to ask potential attorneys questions. When you’re on the path to choosing the right personal injury attorney for you, ask questions like these: Could you provide me with referrals? Could you provide me with your credentials? How can you help me? (Personalize this one to your circumstance.) What’s your communication frequency? In my case, what do you expect the outcome to be? Can you provide me with a settlement estimate? (Be sure this is a ballpark figure.) What are some past cases and outcomes that lend you expertise in this area of personal injury law? Depending on the answers each attorney gives, you may choose to move forward in the process to pick the right personal injury lawyer or call it quits. Either option is okay. Thoroughly review paperwork before you decide Legalese is difficult to read. After all, that’s what we have lawyers for. However, joining forces with any attorney means signing some paperwork, and you’re going to want to review all of it before signing yourself into a contract. Make sure you’re comfortable with the contract and agreement. You can always bring up any questions or concerns to the attorney’s office. If something seems off to you, do yourself a favor and trust your instinct. By doing so, you’ll likely save yourself hassle in the end. Last but definitely not least: confirm payment Does the personal injury attorney in question work on a contingency basis? In this case, they don’t receive any money for the case until it’s settled. What’s the payment protocol? What percentage of your recovery will they charge? What’s their hourly or percentage rate for ad-hoc duties? Clarify these details prior to signing the contract. Otherwise, you may end up paying more than you expected in the long run. If you’re in Florida, start your search with Porcaro Law When you pick the right personal injury attorney, this one decision could change your life for the better. Porcaro Law practices in Florida and serves victims in Delray Beach, Boca Raton, West Palm Beach, Miami, Fort Lauderdale, and beyond. From medical malpractice to dog bites, from nursing home abuse to birth injuries, we cover the bases. Our personal injury attorneys are well versed in just about every aspect of personal injury law. The quicker you act, the likelier you are to receive adequate compensation. Contact us today to determine if Porcaro Law is the right fit for your personal injury case.
How to Maximize Your Personal Injury Settlement
When it comes to personal injury cases, employing a specialized lawyer is a critical component — but that doesn’t mean you can’t do your part to increase your compensation. Here are a few key methods to help you increase and maximize your personal injury settlement, whatever the damages may be. Start keeping records, now If you’re looking at a personal injury settlement, it can be tough to mobilize yourself. After all, you’re hurt and probably need some rest. Regardless, make record-keeping your top priority from the get-go. Don’t throw anything anyway. Collect photographs of the scene of the accident and/or injury, if you have them (tip: it’s a good idea to take photos). Collect the contact information of any and all witnesses. Be sure to get yourself a copy of the police report, too. Your personal injury attorney(s) will know what to do with all the information you’ve gathered. All in all, it will help them help you maximize your personal injury settlement. If you haven’t seen a doctor, do so right away The nature of a personal injury lawsuit is an injury. As a result, seeing a doctor is an imperative step in the process, and you should do it as soon as possible. A doctor’s statement serves as an unbiased testament to your injuries, as well as what you’ve already done (and plan to do) to treat your injuries. It’s easy enough for someone to say they’re injured, but to actually receive confirmation from a medical professional is a whole different story. The sooner you visit the doctor, the better. And like we mentioned above, be sure to keep records of all your visits and conversations with the doctor or hospital. Remember, you don’t have to take your first settlement offer More often than not, the first couple of settlement offers on any personal injury case are lowballed. If you’re ailing, perhaps even unemployed as a result of your accident, any amount of money can feel worth it. However, plaintiffs often benefit from holding out instead of accepting offers immediately. It all depends on your attorney’s advice, but you may be better off waiting until the defendant increases their settlement offer. There might be a substantial difference from the early offers, too. In short, waiting to accept an offer could mean maximizing your personal injury settlement. Be careful on social media — it could screw you in more ways than one If you’ve been injured and plan to pursue a personal injury settlement, then you’ll probably want to avoid social media as much as possible. There’s two reasons we say this: You may be inclined to “out” the defendant for their fault in your accident, but that could bring trouble to the case. You want to stay on their good side. You might get caught with a photo of you running a 5k (or any other physical activity that doesn’t align with your statement of damages) a couple of months after your accident, which doesn’t do your case any good. Take various types damages into account when valuing your claim (including future damages) There are different types of damages in personal injury cases, and you want to consider all of them. Firstly, there are economic and non-economic damages. Economic damages represent direct financial loss, while non-economic damages result from suffering that’s not directly financial in nature. With this in mind, the five types of damages are: Medical bill compensation (economic) Lost wages (economic) Pain, suffering and emotional distress (non-economic) Wrongful death and loss of companionship or consortium (non-economic) Punitive (non-economic) No two cases are the same, and considering all of these can help you increase your personal injury settlement. Get a move on it It’s important to act quickly in the event of a personal injury lawsuit. Part of this is getting adequate representation in a reasonable time frame. The sooner you have an experienced personal injury attorney on your team, the better off you’ll be in court. While you don’t necessarily want to take the first offer that comes your way, you do want to have some things in order right off the bat. The more people you have on your side, the less you’ll have to prove when push comes to shove. Porcaro Law Group of Delray Beach, Florida works with folks who’ve been injured in the last two years. We perform free consultations to discuss your case and chances of winning. Learn how to maximize your personal injury settlement and contact us for hands-on help in the proceedings.
How to File a Wrongful Death Lawsuit in Florida
No one ever hopes to lose a family member or loved one. However, tragedy can strike unexpectedly. Everyday, people lose their life to incidents like car accidents, medical malpractice, defective products, falls, and animal attacks. These types of incidents wherein another person’s negligence led to someone’s death can be classified under ‘wrongful death’. This means that the victim’s death was unexpected and preventable, and means that their loved ones can file a wrongful death lawsuit. If you or someone you know has experienced a wrongful death in the state of Florida, they may be entitled to file a wrongful death lawsuit and receive compensation. Who can file a wrongful death claim in Florida? Before you file a wrongful death claim in Florida, you must make sure your case meets these criteria: The death must be due to negligence on another party’s account. This negligence must have been the direct cause of the victim’s death. The victim’s death directly contributed to damages for surviving loved ones; i.e. medical bills, funerary expenses, or loss of income. If these criteria have been met, you can begin the process of filing a wrongful death claim. By Florida law, a wrongful death claim must be filed by the personal representative of the victim. This person may be named in the victim’s will or estate plan. However, in cases where no personal representative is named, they will be appointed by the court. After a personal representative is named, they will file a wrongful death claim on behalf of any surviving family members, including spouses, children, parents, or any relative who is “partly or wholly dependent on the decedent for support or services.” Time limits for filing a wrongful death lawsuit in Florida Similar to most personal injury lawsuits in Florida, there is a statute of limitations imposed upon potential wrongful death lawsuits. A wrongful death lawsuit in Florida must be filed within 2 years of the date of death. Under very specific circumstances, however, that date may be extended. Working with a knowledgeable attorney will help you navigate the claim’s process and timeline to ensure you meet the correct filing date. Filing your wrongful death claim within the allotted timeline is crucial – if you miss the deadline, you may be unable to receive rightful compensation. The wrongful death lawsuit process Unlike criminal cases, wrongful death lawsuits are civil cases, and do not require as much evidence to proceed in court. However, the evidence that is presented must meet the burden of proof, which is why it’s important to hire a wrongful death lawyer that can help you determine whether this need has been met. After filing your wrongful death claim, you may be required to attend mediation with the liable party to try and reach a settlement. Most claims end up being settled outside of court, however, if a settlement cannot be reached, your case will proceed to trial. Potential damages in Florida wrongful death lawsuits Depending on how your settlement or trial goes, you may be eligible to receive damages that cover: Medical and funeral expenses Loss of wages Compensation for mental pain and suffering Losing a family member or loved one is never easy, and especially so in the case of wrongful death. That’s why our Delray Beach personal injury attorney, Peter Porcaro, at Porcaro Law Group is there for you and your family. If you have experienced a loss due to another person’s negligence, please contact our law office for a free consultation.
Understanding the Different Types of Damages in Personal Injury Cases
During personal injury lawsuit proceedings, the injured party’s attorney works tirelessly to get them compensation. The compensation a plaintiff receives is called damages. Here are the main types of damages in personal injury cases that you might expect, laid out simply for your understanding. Are all personal injury damages economic? Some types of personal injury damages are based on economics while others are not. These two categories — economic vs. non-economic — make up all the types of damages in personal injury cases. While they all involve some type of monetary payment, the difference is this: Economic damages result from direct financial loss (like medical bills), while non-economic damages are compensation for suffering that may not have been directly financial (like emotional distress, pain and suffering). It’s up to the insurance company or jury to attribute a dollar amount to non-economic damages. Types of Damages in Personal Injury For our purposes, we’re separating the possible personal injury damages into five categories: 1. Medical bill compensation This is the most common — and straightforward — form of personal injury damages. Basically, the court considers all of the costs of testing, treatment, hospital stays, nursing home stays, physical therapy or other medical care of any kind that the plaintiff endured. As you can imagine, these costs can easily skyrocket, which makes damages all the more necessary. Medical damages should consider past, ongoing and future costs for injury-related care. The compensation may go to the plaintiff or the plaintiff’s health insurer, depending on who’s been paying the bills. 2. Lost wages When someone is injured, they may be unable to work — which leads to lost wages or income. So lost wage damages are compensation for that missed time and salary. This includes paid time off that the plaintiff was unable to take, too. When an injury is so severe that the plaintiff is out of work for good, a lifetime’s worth of earnings from the point of the injury must be calculated. If the injury affects some but not all future earning potential, the defendant must still pay a portion of lifetime earnings. 3. Pain, suffering and emotional distress Since there’s no hard-and-fast number, these non-economic personal injury damages develop from perceived value. Because juries are likely to award pain and suffering damages — especially in the case of significant injury — insurance companies often settle. So how do insurance companies figure out the value of pain and suffering? Through something called a pain multiplier. They might multiply economic damages by a specific number to arrive at their value. For emotional distress, the plaintiff must present psychiatric records and diagnoses. 4. Wrongful death and loss of companionship or consortium These types of personal injury damages are both presented by family members of deceased or significantly altered individuals. If they can prove negligence or intentional malice, the damages will be higher. Spouses and parents of children can take the lead in this situation. There are specifics to every circumstance, including who can claim a lawsuit for whom. Loss of consortium is rather specific. It refers to a partner’s lost ability for intimacy, and it may provide the spouse an opportunity to sue. 5. Punitive Punitive damages in personal injury cases are rare. Instead of serving the purpose of appeasing the plaintiff, they’re basically punishment for defendants who act in disregard of other lives and are outright harmful. In the state of Florida, there are limitations to punitive damages. For instance, punitive damages are only permitted in the event of gross negligence (which must be proven through evidence showcasing reckless disregard for others). What are damage caps? In many states, the court caps certain damages in personal injury lawsuits at a maximum. Florida in particular caps punitive damages at three times the compensatory amount, or a max of $500,000–$2 million. Considering the rarity of punitive damages in personal injury cases, this isn’t a common award. Helping you achieve the personal injury damages you deserve If you’ve been injured in the state of Florida, the Porcaro Law team wants you to know one thing: you deserve compensation. Our personal injury attorneys work hard to help our clients win or settle cases — and if we don’t, they don’t pay us a dime. If you’ve been injured within the last two years and want to get started on your proceedings, contact us for a free consultation. With all you’ve been through, it’s time to see your personal injury damages come to fruition.
What To Expect Throughout The Entire Personal Injury Lawsuit Process
Understanding a personal injury lawsuit is important for victims. Nobody can relate to the pain and suffering caused to you. If you’re seeking compensation for your injury, you’ll most likely be going up against big-time corporate lawyers. For victims coming to our Delray Beach law office with a personal injury case, know for certain that we bring everything to the table to increase your chances for the settlement you’re seeking. But first, you must understand and realize the in-depth process involved. Here is a brief overview of what to expect during your personal injury lawsuit. Meet With Your Personal Injury Attorney Establishing a relationship with your attorney is step one when filing a lawsuit for your injury. If someone is responsible for your injury or there is an entity liable for your medical bills and suffering, bringing the factual information to your personal injury attorney is what puts the lawsuit ship in motion. Keep in mind that the Florida statute for filing a lawsuit is two years from the time of the incident. All injuries are different, as well as the times for healing. However, it’s essential that you gather the necessary materials, such as costs and medical records atop of any insurance information, as soon as possible. By putting this off, you risk the deadline and opportunity for a successful settlement. Hiring a Personal Injury Attorney Once you’ve hired the attorney who will investigate your case, time is on your side. A good attorney will do an in-depth review of your story. They will also conduct interviews with the injured and any witnesses who were present at the incident. The attorney will also ask for a calculation of all of your expenditures and fees that you paid for transportation as well as your hospital stay. Once the full picture of the case comes into view, then comes filing the lawsuit. Lawsuit Settlements Occasionally, a settlement will be made before a personal injury lawsuit is filed. When our lawyers negotiate with insurance companies, some may even make an offer upfront to avoid the court process. If our clients agree that the settlement justifies their suffering and medical expenses, they can accept. However, we suggest that our clients wait before making any sudden agreements or accepting any offers without an attorney. The amount of money offered without taking your case to court can be enticing, but through the legal process, you’d be surprised at what may be rightfully owed to you for your pain and suffering. When a settlement can’t be agreed upon, filing suit in court begins the process that can take months and sometimes even years. Lawsuit Process There are three phases to expect throughout the lawsuit process: The Complaint and Answer Phase A complaint document is a detailed allegation filed regarding the cause and extent of your injuries. Filed in the county in which the incident occurred, there is a time limit of 30-days for the defendant to respond with an answer to the complaint. The defendant will either deny or admit to the complaint. Discovery Phase Throughout the discovery phase, each party collects documented evidence and testimonies as well as depositions from individual witnesses. You must provide your personal injury attorney with all the essential information when it comes to the witness names and numbers. Once the details to your case are discovered and organized by the attorney, you’re one step closer to going to trial. Motions Phase The defendant does have the opportunity to file a motion before or after the discovery phase. This means that one, two, or three of your claims, and even your whole case can be dismissed. Typically, an attorney has about a month to oppose the motion with a written response on your behalf. Mediation Hearing A mediation allows decisions to be made between parties with a mediator. This process reduces the chances of having the verdict overturned by a judge and jury and the mediator is a middle-man between opposing factors. As a plaintiff in a personal injury lawsuit, the mediator will meet with you and your attorney as well with the defendant’s lawyers to gather all the details and information. This is a period that requires patience as a compromise to reach a settlement can take a few hours or even an entire day. However, it does lower your risks when negotiating a settlement, but if there isn’t a compromise, expect the case to go to court. Schedule a Free Consultation The legal team at Porcaro Law works hard for our injured clients. Though we do our best to bring an agreement between victims and those responsible, not all cases come to a settlement. However, if we don’t win, you don’t pay us a dime for our time. When you choose our law firm, we demand the compensation that is owed to you and rest assured that we’re in this to win together. Bring your personal injury matters to our law firm in Delray Beach and together we’ll take on your court case. Contact our lead attorney, Peter Porcaro, to discuss your personal injury if it’s been two years or less since the day of your injury. We serve all citizens in the Delray Beach community and we’ll use our experience and law knowledge to bring your settlement forth. Check out our Google reviews to learn more about how we’ve won 50+ cases for our clients this year.
8 Mistakes To Avoid in Personal Injury Claim Lawsuit
Personal injury cases can go in a multitude of directions. Every case is unique in the sense that there could be no outcome or a significant outcome. Nobody knows the complications and pain you are enduring better than you. It’s of the utmost importance that you hire a personal injury lawyer who is well-prepared to take on your case. There are a handful of mistakes that can be avoided when making your personal injury case. Though our attorneys personally walk our clients through each step of the process, here are ten mistakes to avoid when claiming a personal injury lawsuit. 1. Don’t prolong filing a lawsuit The statute of limitations for filing a personal injury lawsuit in the state of Florida is four years. This may seem like plenty of time, but it can pass by before you know it. Recovering from an injury can take time, and it’s important to make every effort to recover as fast as possible. Bringing your personal injury case to court is also important because you deserve to be compensated if someone else is liable when your case cannot be settled out of court. 2. Don’t think you can’t afford a lawyer If our personal injury attorneys don’t win the case, we don’t charge our clients a penny. Many victims may feel like they can’t afford a lawyer, or that they will lose money if they take their case to court and it does not succeed. This is not the reality for personal injury cases that Porcaro Law handles. There is no fee unless we make a recovery on your case. 3. Don’t settle too early or without your lawyer Big numbers can put pressure on victims to settle before bringing their personal injury case to court. Do not give in to any offers without your lawyer present. What seems like a healthy compensation could be lacking depending on the extent of your injury and there could be a higher settlement offer expressed in the courtroom. Always seek the advice of your personal injury attorney before making any financial decisions. You can also find out more about maximizing your personal injury settlement. 4. Always consider the long-term effects If you’ve suffered from an injury due to an accident that has majorly altered your life, keep in mind the long-term effects you will endure. All situations are different, but it’s important to gather all the medical information you can so you can be compensated for your future expenses on treatment. 5. Investigate the accident inside and out There may be more parties who are liable for your injury than you may consider. It’s smart to investigate your situation to retain knowledge of all people involved. Be sure to gather any law enforcement and paramedic statements that will empower your personal injury case, as well as your medical records and signed statements from your doctor. 6. Even if you are partially to blame for the accident, don’t allow it to discourage you from making your case One mistake many victims make right from the start is thinking they don’t have a case if they are partially at fault for their injury. There still is a chance to be compensated by those who are at fault to any degree other than you. Never assume that since you were partially responsible, nobody else is to blame. Personal injury cases come in many shapes and forms, and we’re here to assist you in making your case. 7. Be sure to build a relationship with your attorney All relationships matter, especially the one you have with your personal injury lawyer. Building a foundation of respect and trust with your attorney is essential at the beginning stages of filing. You want a reliable professional who will recover the settlement you’re seeking. The attorney-client relationship is a two-way street and both parties should maintain a level agreement throughout the personal injury claims process. Maintaining a professional and friendly relationship with your lawyer is the key to success. Communication is key. 8. Do not hesitate to ask questions If you’re filing a personal injury claim, be sure to gather as much information as you can and also, do not forget to ask questions. Never go into a situation with limited or zero knowledge of what you need, and how to obtain it. All questions you have should be asked and brought up throughout your case and our team is here to assist you with the answers. There’s nothing worse than not knowing, and if you’re unsure of anything during the process, do not hesitate to speak up. See important questions to ask your personal injury lawyer. If you’ve been injured in an auto-accident or due to someone else’s negligence, Porcaro Law is committed to helping you get the treatment and compensation you deserve. If you’re currently searching for personal injury attorneys in South Florida, contact us now to receive a free consultation. With Porcaro Law by your side, you will feel confident knowing that your rights are protected and the responsible parties are held accountable for their actions. Don’t take our word from it, check out our Google reviews.
How Much Do I Pay My Attorney If I Lose a Personal Injury Case?
When there’s a fight, resolving disputes and protecting personal injury clients remains the number one priority at Porcaro Law Group. We cater to all of our personal injury cases with confidence and a strategy that wins. We strive to assist victims in Delray Beach who are suffering from an injury or medical malpractice. Though many of our clients leave the courtroom with what’s rightfully theirs, some personal injury cases don’t settle. Luckily for our clients, there aren’t any hefty payments if a case doesn’t make it past court. Like most law offices, if we don’t win a personal injury case, our attorneys don’t get paid. What does that mean for you? You pay absolutely nothing in fees. You owe us nothing. Our personal injury lawyers work on a contingency fee basis. If we don’t win your case, that’s on us. What Makes a Strong Personal Injury Case? If you’re the recent victim of a car accident, medical malpractice, wrongful death, or are involved in a workplace mishap, remember to contact a personal injury attorney as soon as possible. Receiving factual statements, evidence, and medical records sooner than later will benefit your case greatly because as time goes by, victims can lose, misplace, or forget critical information that they will need for the courtroom. After all, your personal injury attorney wants to give you the best chance to earn the compensation you deserve. Collect as much evidence as possible With that being said, all personal injury cases differ. So don’t feel discouraged if it takes time to collect the necessary evidence to bring your case to trial. Patience is key throughout the entirety of a personal injury case and the more details and evidence our team has to work with, the more likely your case will succeed. Be sure to preserve all physical evidence as well as saving photos, records, and statements from law enforcement and the witnesses who are involved. Seek medical treatment immediately From your time in the hospital to rehab and therapy, it is of the utmost importance to keep and maintain your medical documentation. This information displays the aftermath you had to endure post-accident and the medical bills you’ve accumulated due to the entity held liable. All personal injury matters should be taken seriously, so don’t forget to collect copies of all your records and payments. Even if you are uncertain about your injuries, see a doctor for a professional examination and learn the extent of the damages caused to you. Your treatment after an accident is vital information for your case, and without it the case could fall through. Resist becoming too eager We all go through monetary struggles and when bringing your personal injury case to trial, most hope for a speedy settlement. It’s important to recover from your injury first before stressing about court proceedings and though some injuries can last for months or even years, you mustn’t become too eager to settle. Though accepting the first settlement offer is what you’ve been waiting for, it’s wise to maintain contact with your personal injury attorney for their expert advice. Timing is everything, and there may be future emotional and physical damages you can receive compensation for. Our professional team at Porcaro Law wants to ensure that you receive the full amount from your claim. Once we learn your story, we will fight so that you are fully compensated. Submitting a Personal Injury Claim in Florida Keep in mind the State of Florida grants victims generally four-years from the time of the incident to make a personal injury claim. Claims against a government agency is three-years, and a wrongful death suit remains at two years from the official date of death. If you have a personal injury case, we suggest that you contact us immediately. However, with sufficient evidence, we’re willing to work with your case even after the matter as long as it falls within Florida’s statute of limitations. Schedule Your Free Consultation If you’re currently searching for personal injury lawyers in Delray Beach, we will hear your story and go over the possibilities of your case during your free consultation. Contact our South Florida attorney’s office and together we’ll discuss all of your options. At Porcaro Law, we will ensure you’re putting your best foot forward to get the settlement you deserve. A car accident can be a frightening experience. With Porcaro Law by your side, you will feel confident knowing that your rights are protected and the responsible parties are held liable for their actions.
The Projected Timeline for Personal Injury Lawsuits in 2020
If you’ve been hurt and are considering filing a personal injury lawsuit, you may be wondering what to expect when it comes to steps and timelines. First, it’s important to note that every case is different. Depending on the injury you or a loved one experienced, your case may involve more steps. Regardless, the vast majority of personal injury cases follow a similar step-by-step process. In this blog, we’ll go over the general personal injury lawsuit timeline you can expect if you choose to file a case. To help you get a better idea of the full process, we’ll provide an overview of each stage, along with a quick summary. Step 1: Medical treatment and recovery If you’ve been injured, the first thing you’ll want to do is seek medical treatment. Not only is it important for your health and wellbeing, seeking treatment can have an impact on your personal injury lawsuit timeline as well. For example, if you choose to delay treatment, an insurance claims adjuster may try to argue that your injuries aren’t as severe as you claim, making it harder for you to get appropriate compensation. Step 2: Choosing your personal injury lawyer The next step in your personal injury lawsuit timeline is finding the right lawyer to represent you and your case. This may take some time, as you’ll want to research lawyers in your area and seek recommendations. Step 3: Investigation and negotiation Once you’ve chosen the right lawyer for you, they’ll gather evidence supporting your claim. They will also ask for your medical records, which they’ll review with a medical professional. At this point, your lawyer will try to negotiate and reach a settlement with the at-fault party and their insurance carrier. Most personal injury cases end in settlement. Step 4: Filing a personal injury lawsuit If you and your lawyer are unable to reach a fair settlement with the at-fault party, it’s time to file a personal injury lawsuit. Keep in mind – under most state laws, personal injury lawsuits must be filed within 2-4 years of the date your injury occurred. Check with your state to make sure you can still file if it’s been a few years since your accident. Step 5: Discovery Once you’ve decided to pursue legal action, your attorney will restart the discovery process, which could take over six months. During this time, each party must respond to requests for written discovery, depositions, and potentially subpoenas for information, and procurement of expert witnesses. Step 6: Negotiation & mediation After the discovery period has ended, each party’s lawyers will begin negotiations in hopes of reaching a fair settlement before trial. In many cases, this is where a satisfactory settlement will be reached. Step 7: Trial If a settlement is unable to be reached again, your personal injury case will go to trial in front of a judge and/or jury. The timeline here can be anywhere from a few weeks to a few months, depending on when you can get your court date scheduled, and how long the actual trial lasts. Contact an Experienced Personal Injury Attorney If you’ve suffered an injury and are looking for a personal injury lawyer in Delray Beach, contact our South Florida attorney’s office to speak with Peter Porcaro, our head attorney. Porcaro Law is committed to helping you get the treatment and compensation you deserve. If you’re currently searching for personal injury attorneys in South Florida, contact us now to receive a free consultation. With Porcaro Law by your side, you will feel confident knowing that your rights are protected and the responsible parties are held liable for their actions.
20 Questions to Ask a Personal Injury Lawyer
Hiring a personal injury lawyer might seem difficult and confusing, but it doesn’t have to be. Lawyers go through intensive schooling and education to be able to represent clients competently. When you or a family member has been injured, hiring a lawyer might be the last thing on your mind. A lawyer can help you get the compensation you deserve so that you aren’t drowning in hospital bills as a result of a personal injury accident. Remember, lawyers exist to make your life easier. Once you meet with a personal injury lawyer, it’s important to ask questions so that you are able to understand your options, the lawyer’s background, and what you’re going to do moving forward. Here are some questions to ask a potential personal injury attorney: 1. How long have you been practicing law? Although this shouldn’t necessarily determine whether or not you hire a personal injury attorney, it’s a good question to ask. You want to make sure that the lawyer is knowledgeable on the topic of law and is dedicated to the task at hand. 2. How long have you been practicing this specific type of law? Some people prefer experience and others don’t mind a hard-working beginner. 3. How many cases do you typically handle at a time? If a personal injury lawyer takes on too many cases at once, your case might not be handled competently. It’s always good to know how many cases a lawyer works on at a time so that you can decide if he or she has the necessary amount of time to effectively help you win your case. 4. What kind of strategies do you typically use? This is a great question to ask so that you understand the methods that an individual lawyer will use in your case moving forward. Some personal injury lawyers are extremely aggressive, and others are patient, yet no less successful. It’s up to you to decide which strategies work best. 5. Do I have a case? Usually, the personal injury lawyer will let you know after some research as to whether or not you have a case. But, feel free to ask just in case they already know the answer. 6. Can I talk about my case with my friends and family? Most personal injury lawyers will typically tell you not to discuss the matters of your case, but asking the lawyer directly will help you get more in-depth details so that you understand the nature of speaking about an ongoing case matter. 7. Have you ever been reported for misconduct or malpractice? Although uncomfortable, it’s important to ask this to the personal injury lawyer you’re interviewing so that you know if he or she has been in trouble in the past and the reasons it’s for. You want to make sure you’re hiring someone with integrity and respect for the legal profession. 8. Have you ever had a case that was similar to mine? You most likely want to know if the personal injury attorney has any similar experience in his or her past that will help you win your case. Some people only want experienced attorneys. Others are okay with allowing new attorneys to work on their case. It’s up to you, but you should be able to make the choice yourself. 9. How does pricing work? Don’t forget to ask this question. Even if you forget to ask, it’s the attorney’s responsibility to discuss the breakdown of pricing with you. You need to know exactly what you’ll be paying for and how much your personal injury lawyer gets if he or she wins the case for you. 10. Do I pay you if I lose my case? Although the answer is usually the same (no), it’s important to discuss this with a personal injury lawyer before hiring. 11. Am I responsible for any costs at all? This differs from time to time, so it’s important to ask your personal injury lawyer up-front. 12. Can I contact you whenever I want? Communication is a huge topic of conversation between you and your future personal injury lawyer. You need to set boundaries and discuss different methods of contact so that you are both clear and comfortable moving forward. 13. Do you have any long holidays coming up? Or breaks in work? If the personal injury lawyer has a long vacation coming up and he or she won’t be in the office for a long period of time, that may make a difference to you when you’re hiring him or her. If you want to hire someone that has no interruptions in their schedule, ask this question just to be sure. 14. How do you think I should move forward? You want to know your personal injury lawyer’s professional opinion. This is what they do for a living! Don’t be afraid to ask. 15. Do I have to go to trial? If you don’t want to go to trial, be sure to express your concerns to the personal injury lawyer you’re interviewing. Many people prefer settling out of court because it is much less stressful. 16. How long will my case take? Some personal injury cases can take years depending on the severity of the case and its circumstances. Ask the lawyer the typical timeline for a case like yours. 17. Who would be working on my case? It’s important to know who will be handling your personal information. Will there be other attorneys in the firm working on your case? Or only the personal injury lawyer you’re interviewing? Get all the information you need to feel comfortable. 18. How much time will you devote to my case? You want to be sure that your future personal injury lawyer doesn’t take on too many cases at once and that he or she has enough time and staff to devote to your case individually. 19. Where do we go from here? Establish whether or not you want to hire this specific personal injury attorney and
A Step-by-Step Guide on How to File a Personal Injury Lawsuit
If you or your loved one has been hurt or injured at the fault of someone else, you may be wondering about what legal action you’re entitled to. In this kind of event, you can take action by filing a personal injury lawsuit. Whether you’ve been in an auto accident, slip and fall accident, or were injured by a defective product, you’re entitled to compensation to cover your medical bills, lost wages, and more. In this article, we’ll walk you through how to file a personal injury claim and lawsuit. Additionally, we’ll go over what your lawsuit timeline might look like, as well as address potential costs you could incur. Personal Injury Claims vs. Lawsuits Personal injury claims occur between you and the defendant’s insurance company. Typically, an individual or their personal injury attorney negotiates with an insurance company’s claims adjuster to reach a fair and satisfactory settlement payment. If, for some reason, a settlement can’t be reached, either because the insurance company denies the claim or doesn’t agree with the severity of the injury, the next step is filing a personal injury lawsuit. How to File a Personal Injury Claim / Lawsuit Note that, while every personal injury lawsuit will vary based on the court you choose and the state you reside in, all personal injury lawsuits are filed the same way. 1. You’ll begin your personal injury lawsuit by filing an official complaint with your court of choice and serving those papers on the defendant. Along with the complaint, you’ll be asked to pay a filing fee, which can range anywhere from $100 – $400. Some courts also require you to file what’s called a summons, a document that identifies each respective party and lets the defendant know they’re being sued. 2. After filing your complaint and summons, you’ll need to complete the service of process. This is the legal term for officially serving the defendant with the court summons and complaint. 3. Service of process is completed after the defendant receives a copy of both documents – a process which should last no more than 30 days. However, if you are having a difficult time serving the defendant, the court will likely grant an extension. 4. The last step in how to file a personal injury claim / lawsuit is waiting on the defendant to respond to the claim. They can respond in two ways. They can “answer” your complaint by admitting or denying each allegation, or they may file a motion with the court to dismiss your claim entirely. If the court grants this dismissal, your complaint (or a portion of it) can be thrown out. Once this process is completed, you’ll meet with your personal injury lawyer and start court proceedings, which may include mediation, negotiation, or a jury trial depending on your specific case. A Note on Certificates of Merit In personal injury cases where the prosecution alleges professional malpractice (such as in the case of negligent medical professionals), you may be asked to file another document. Depending on your state, they may be called Certificates of Merit, Affidavits of Merit, or Orders of Proof. Be Aware of the Statute of Limitations Lastly, when you prepare to file your personal injury lawsuit, be aware of the statute of limitations in your state. These are the laws that define the amount of time that can pass before a lawsuit must be filed with the court. In most states, the statute of limitations begins the moment you are injured or the moment you discover your injury. If you do not file your lawsuit before time runs out, you will be unable to bring your case to court. Contact us for a free consultation If you’ve been wrongly injured and seek compensation, we’re here to help. At Porcaro Law Group in Florida, we will ensure you’re putting your best foot forward to get the settlement you deserve. A car accident or any other type of serious accident can be a frightening experience. Most people do not know how much, if any compensation they are entitled to after they have been in an accident. With our personal injury attorneys by your side, you will feel confident knowing that your rights are protected and the responsible parties are held liable for their actions. You will also feel comfortable knowing our exact cost and fee schedule upfront. Contact us today to schedule your free consultation!
Personal Injury Lawyer Fees Broken Down
For the typical person, one of the most important areas of law is the personal injury case. Put simply, personal injury cases arise when an individual or their property is injured through the negligence of another (whether by accident or willfully). In these cases, the injured person is often entitled to compensation from the guilty property. When it comes to personal injury cases, most law offices offer services on a contingency fee basis. In addition to the contingency fee, personal injury cases often incur other costs, which could include (but not be limited to), court costs, administrative expenses, and witness fees. In order to help you or your loved one gain a better understanding of what the true cost of your case may be, we’ve created a simple guide to break down what personal injury lawyer costs and fees you may encounter. What is a Contingency Fee? Many people who experience a personal injury may be unable to work, making it difficult to pay a lawyer’s fees upfront. That’s why many law offices operate personal injury cases on a contingency fee basis. A contingency fee means that the lawyer’s fees will be deducted from the final personal injury settlement or damages awarded after a favorable outcome – should the client’s case go all the way to a court trial. This means that if you as the client don’t end up with a favorable verdict, then your lawyer will collect no fees. Most contingency fee agreements allow lawyers to collect anywhere from 33.33%-40% of the overall monetary recovery, although you should be sure to speak with your attorney to learn the normal rate for their specific practice. Also, don’t be afraid to discuss fees with your legal team – depending on how good your case is, you may be able to negotiate a smaller fee percentage. Typical Personal Injury Lawyer Costs Although they mean the same in common parlance, the terms “cost” and “fee” mean very different things in the legal sphere – the term “cost” accounts for everything else in litigation. Along with the contingency fee you’ll likely be responsible for if you win your case, there are other costs you’ll need to be aware of. Below are some of the most common personal injury lawyer costs you’ll encounter. Investigation & Information Gathering: Depending on your personal injury case, you may need to collect medical records or police reports for a fee. And, if any special investigation or research is required for your case, like hiring a private investigator, those information-gathering costs can add up. Court Costs: There are several court costs your personal injury case could incur, but some of the most common include the filing fee of the complaint, a daily stipend for jurors (should your case go to a jury trial), and transcripts of the in-court testimony. All in all, these costs could range upwards of $500. Expert Witnesses: Most personal injury lawsuits that end up going to trial will need at least one expert witness – which can often be one of the largest charges aside from your contingency fee. As their name implies, expert witnesses review your case, prepare an expert report, and will testify at your trial in order to produce a better outcome for you. For their services, one expert witness for a small-scale trial can end up setting you back a few thousand dollars. Deposition Costs: Deposition simply means the taking of sworn, non-trial testimony on the record. This involves asking witnesses questions with the help of a stenographer recording what’s said. Whichever party requests the deposition will front the cost, which can be about $500 for a few hours. Admin Expenses: Lastly, all personal injury court cases will incur some degree of administrative expenses, such as postage, trial research, travel, etc. For most cases, admin cost is usually a few hundred dollars. At the end of the day, personal injury lawyer costs / fees can end up being a heavy financial burden for many people. This is why it’s so crucial to take your time when researching representation, and not be afraid to have candid financial discussions with your legal team. At Porcaro Law, we operate on a contingent attorney’s fee, meaning that we are only entitled to a fee and reimbursement of costs if we make a financial recovery on your behalf. Concerned about fees? At Porcaro Law in Florida, we will ensure you’re putting your best foot forward to get the settlement you deserve. A car accident or any other type of serious accident can be a frightening experience. Most people do not know how much, if any compensation they are entitled to after they have been in an accident. With Porcaro Law Group by your side, you will feel confident knowing that your rights are protected and the responsible parties are held liable for their actions. You will also feel comfortable knowing our exact cost and fee schedule upfront. If you’ve been injured in an auto accident or want to speak with a personal injury attorney, contact us today for a free consultation.
5 Examples of Personal Injury Cases
When it comes to the law, there are many different categories. From complex to very simple, issues arise all the time. Possibly one of the most important areas of law to the everyday person is personal injury. In these types of cases, a person (or a person’s property) is usually injured by the negligence of another person. Sometimes, people even act purposefully in forms of revenge or out of anger. No matter the reason, if someone is injured due to the actions or lack of actions by another person, that person should be held responsible. This is, in a nutshell, the idea behind personal injury. Top examples of personal injury cases: Car accident cases Slip and fall cases Medical malpractice cases Dog bite cases Product liability cases If you’ve been injured, the smartest thing you can do is seek the help of an attorney. An experienced lawyer will help you receive compensation for your injury and the suffering it has caused you. Sometimes, accidents leave you out of work, emotionally damaged, or simply in physical pain. Now, what are the most common types of personal injury cases? 1. Car Accident Cases One of the most common types of personal injury cases, especially in South Florida, is injury that results from a car accident. Often times, people are texting and driving, not paying attention, or just generally distracted while driving. When this is the case, an accident follows. Unfortunately, these cases are usually avoidable. But, if someone hits you and you become injured as a result, you have the right to seek compensation. Even a light tap from the car behind you can bring on years of back pain and other injury. It’s important to get checked out by a doctor to become knowledgeable about the injuries you’ve suffered. Documenting your injuries along with the entire experience will ensure a higher financial reward. Although it’s easy to add up medical bills and lost wages, it’s difficult to determine pain and suffering. Because every accident is different and each person’s injuries unique, determining a settlement amount is complicated. To determine what you may recover, double the amount of financial damages. On top of that, add whatever pain and suffering damages the court may find. 2. Slip and Fall Cases Another common personal injury category is what’s called a “slip and fall.” If you aren’t already familiar, this occurs when a person slips on some sort of surface and falls. The fall results in an injury. Unintentional falling is the leading cause of non-fatal injury in nearly all age groups according to the CDC. Some of the most serious brain injuries are caused by a simple “slip and fall,” so it’s important to take these cases seriously. Usually, this injury could have been avoided if the surface was not slippery/wet/dirty/etc. As an example, think of a big chain grocery store. If the air conditioning is leaking and creating a puddle in one of the aisles, it is the store’s responsibility to clean up the mess. If the collection of water is not cleaned up and a customer slips and falls, her injury will be at the expense of the grocery store for negligently caring for the floors. As most other causes of action, a slip and fall’s average settlement amount depends on a case-by-case basis. The average slip and fall case costs a family around $30,000. To get a rough estimate of the average settlement, you could take that amount and add additional losses such as pain and suffering. 3. Medical Malpractice Cases Also topping the list of common personal injury causes of action is medical malpractice. In a medical malpractice case, a patient in a hospital or doctor/patient setting is mistreated in some way that causes additional harm to the patient. Usually, because of the negligence of a doctor or medical provider, the victim leaves worse off than when he/she arrived. From misdiagnoses to an improper cut during surgery, the malpractice of a medical provider can cause life-changing consequences for the injured person. What should have been a routine procedure can sometimes turn into a life or death scenario if the doctor makes a mistake. It is the victim’s right to seek money compensation for any health related issues that a medical provider has caused. More than 90% of medical malpractice cases are settled. In other words, the case does not go to court because both parties agree on an amount of money to be paid to the victim that is fair and just according to the injury. According to one source, the average settlement amount for these types of cases is around $400,000. If the case were to go to jury trial, that average raises up to $1 million. Statistics differ and settlements vary. There is no sure way to guarantee a certain amount, but having a personal injury lawyer to fight for you will ensure you receive the highest award possible. 4. Dog Bite Cases More common than you might think, dog bites happen often. Porcaro Law is no stranger to these types of personal injury claims. No matter the reason, in Florida, dog bites are legally unacceptable. The owner of the dog is always responsible for the bite of his/her dog, whether or not the owner is aware of the dog’s viciousness. Although, the law varies from state to state. Other states follow a “one bite rule.” This means that the owner of the dog is responsible for a bite because he/she knew of the dog’s biting propensities due to the dog’s past behavior of biting. Unfortunately, these cases are especially common in young children because they don’t understand that some dogs are aggressive rather than playful. Dog bite cases are also difficult for the victim because the dog is often owned by a neighbor or a friend; this leaves the victim with thousands of dollars in medical bills in addition to trauma and pain and suffering. However, a dog bite attorney can help you explore your options. Don’t let an uncomfortable situation stop you from receiving money compensation that you
How to Find the Right Personal Injury Lawyer for Your Case
You’ve been involved in some kind of accident, and now you’re injured and don’t know what to do. What steps do you take? Who do you call? Is there anyone who can help you? These are some of the most common questions asked by victims who have been involved in an accident. So if you’re wondering the same thing, you’re not alone. Unfortunately, accidents happen all the time. People act carelessly, machines break suddenly, and trees fall out of nowhere. There a million different things that could go wrong at the drop of a dime. But lucky for you, there will never be a shortage of hardworking, intelligent lawyers that are interested in taking your personal injury case. You just have to put in a little bit of work so that you can find the lawyer that is right for you. Sometimes, you can find the right personal injury lawyer on the first call you make. Other times, you will have to speak to a few different attorneys to get a feel for who understands your needs and who you believe will fight the hardest for you. It’s important to remember that if something happens to you, a competent personal injury lawyer can help you recover what you deserve. Where can you find one of these lawyers if you don’t already have one? Finding an Experienced Personal Injury Lawyer There are many ways to go about searching for a lawyer that will best suit your needs. Here are the top three ways to find the right personal injury lawyer for your case: 1. Word of Mouth First, always try to find a good personal injury lawyer by word of mouth. Many people have already worked with an attorney. Whether you decide to ask friends, neighbors, family or co-workers, you will often find that people close to you have experienced situations similar to yours and have needed a personal injury lawyer at one point or another. There are many people who have different attorneys for different matters. Some of the people you talk to will highly recommend a lawyer to you, and others may explain to you a situation that led them to dislike a certain lawyer. You will find that many people don’t openly speak about their legal issues until the subject has been brought up. By bringing up the subject and asking around for recommendations, your friends and neighbors may share their similar stories and begin recommending lawyers that have helped them during similarly difficult times. Speaking to the people in your community will allow you to get a grasp on the lawyers in your area and may lead you to the perfect match. As previously mentioned, accidents happen all the time. It is most likely that some of the people around you have already utilized the services of a personal injury lawyer, so you may be surprised to find many recommendations by simple word of mouth. 2. The Internet Whether you’ve already found a personal injury lawyer you like and you just want to do a bit more research or you don’t even know where to begin, using the internet is a sure fire way to find the right lawyer for you. It’s 2019 – an era of technology. Why not use this technology to your advantage? Just hop on to your computer, phone, or tablet, and use your preferred search engine (Google, Facebook, Bing, Yahoo, etc.) to ask some questions about finding a lawyer. There are a bunch of different algorithms out in internet space that will help match you to a competent personal injury lawyer. Start simple: Google something like “personal injury lawyer.” Google will automatically display a bunch of different options for you to choose from. Usually, the search will even narrow it down to lawyers near your geographic location so that you won’t have to travel very far if you don’t want to. Google makes it easy to find attorneys for you within just a few miles of your home or workplace. Many of the attorneys that pop up will be from a “sponsored” advertising campaign. In other words, lawyers will pay for their names to pop up when you search for a lawyer because they want your business! This is good for you. It allows you to add more options to your list of possible lawyers. There are many websites that list different lawyers based on an array of criteria, such as: client reviews, ratings, and practice area. Avvo.com is one of the most popular legal search websites out there, and it’s very user friendly. Use it to search around if you aren’t having luck with Google. If you’ve already found a few options that you’re considering and you just want to do some extra research, use Google or Avvo for that as well. Other websites, such as justia.com and lawyer.com, do similar things. Don’t forget to also check Facebook, Instagram and other social media platforms! Social media channels can tell you a lot about a law firm. You can sift through ratings and reviews until you’re satisfied that you’ve come to the right lawyer. You can even find a lawyer based on how much you want to pay, and which lawyers offer free consultations. 3. Legal Referral Service Many state bars offer this service for anyone who may not know where to begin when trying to find a lawyer. It’s quite simple and easy enough for anyone to use. Basically, you would visit your state’s bar website and search for the referral service link (or you could just Google, for example, “Florida bar referral service”, and it’s the first link that pops up). The website allows you to submit a request to find a lawyer based on your geographic location and the type of law you need help with. Here, it would be personal injury. So, by simply providing your zip code and entering the key words “personal injury,” the Florida Bar will begin to refer you to lawyers who might best suit your legal needs. 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Social Media and Personal Injury Claims: What You Need To Know
Social media is a part of everyday life for many. We don’t think twice about commenting on a friend’s Facebook update, sharing a vacation photo on Instagram, or posting or retweeting something on Twitter. But when it comes to personal injury claims, your social media activity has the potential to be damaging for your case. In this short post we’ll cover how social media can impact your personal injury case, and steps you can take to mitigate the potentially negative effects social media can have on your personal injury claim. How Social Media Can Impact Your Personal Injury Case Social media activity has the potential to be extremely damaging in a personal injury case. When you’re in a personal injury lawsuit, most of your social media information is “discoverable” – which means it can be made available to the defendant and brought in as evidence in your case. Your photos, comments and status updates can paint a picture that is contradictory to your personal injury claim, even if it isn’t true or was not your intention. Let’s look at an example. Your spouse is celebrating their 40th birthday, they’ve been planning the celebration for months and are really looking forward to it. Despite your pain and discomfort, you make your best effort to attend the party for 30 minutes (you want to be supportive after all), and while you are there, you take a photo with your spouse where you’re smiling and looking happy. This photo is posted on social media and you’re tagged with a comment about celebrating at the party. Even though you were in pain and were only going for a short time to be supportive, this photo could tell a different story and be used against you in your personal injury case. The defendant could try to argue that this posts hurts your claim – how much pain could you be in if you’re out smiling and celebrating at a party? When making a personal injury claim, you need to understand that everything you share on social media could become part of your case, even if this information is behind privacy settings. Tips for Social Media Use When You File a Personal Injury Claim It’s important that you use social media responsibly during your personal injury claim. Follow these tips to make sure your social media use won’t harm your personal injury case: 1. Try to steer clear of posting on social media The best way to avoid potential consequences to your personal injury case is to take a break from posting to social media altogether. You can still view your friends photos and see their activity to stay in the loop, but try to avoid adding updates to your accounts. 2. Think before you post If steering clear of posting on social media isn’t in the cards for you, make sure you think before you post and avoid anything that could be used as evidence against you in your personal injury claim. Information about your lifestyle, health or well-being should be avoided entirely. 3. Talk to your friends about posting on social media Be very clear with your friends and family that you don’t want any photos of you, or comments made about you, posted online during your personal injury claim. 4. Adjust your privacy settings Even though discovery can go beyond your privacy settings, adjusting your privacy settings for your account to make them as secure as possible is a good precaution to take. On Facebook and Instagram, be sure to adjust the option that allows people to tag you in photos so you can take control of any photos that may be posted of you and ensure they are not linked to your account. Suffering from a personal injury? Contact the experts at Porcaro Law today to handle all aspects of your personal injury case and help you get the compensation you deserve.
The Right Way to File a Personal Injury Claim
Knowing the best way to pursue a personal injury claim will make an often traumatic situation a little easier. Being injured in an accident is a terrible thing to experience. It can be even worse if someone else is responsible. And unfortunately, the difficulties don’t always end when the accident is over. Sometimes, they continue for a long time afterward, especially if your injuries are serious or ongoing. An accident is bad enough, but the aftermath can also be complicated, frightening and confusing. If you’ve recently been injured in an accident that wasn’t your fault, you might be feeling frustrated, angry, or even a little overwhelmed. That’s why we’ve put together this guide: to steer you through the stressful process of filing a personal injury claim. We’ll start with an overview of a personal injury claim. Overview of a Personal Injury Claim In our legal system, the term ‘personal injury‘ refers to the physical, mental, and emotional damage that a victim suffers in an accident or another type of mishap. The most common cause of personal injuries are auto accidents, but they can also result from: work accidents slip-and-fall incidents defective products medical malpractice A personal injury case is a civil suit in which the victim claims that an individual, business, or government agency is legally responsible for the accident. In a personal injury case, the plaintiff alleges that negligence on the part of the defendant led to the accident. If you can show that another party is legally responsible for your personal injuries, you may be entitled to financial compensation. This includes compensation for medical bills, lost wages, and pain and suffering. Here’s what you need to know when filing your claim. First Things First: Seek Treatment Of course, the most important thing is treating your injuries. If you’re hurt in an accident of any sort, seek proper medical care immediately. Not only is this absolutely necessary for your health and well-being, it’s also a precondition for everything that happens later in your injury claim. Once you’ve received the necessary medical attention and start feeling a little better, it’s time to swing into action. It’s up to you whether or not you engage a personal injury lawyer right away. Just remember you can consult with an attorney risk-free at any time during this process. Next, Record the Details The first thing you will need for your personal injury claim is a detailed account of the incident. Write down everything you remember about the accident as soon as possible, while your memory of it is still fresh. This account will be very important later on, so go into as much detail as you can. Write down what happened before, during, and after the incident. Then, keep detailed records of everything that happens after your injury. Keep track of everything that’s related to the accident — phone calls, missed work, doctor’s visits, property repairs, and physical or emotional discomfort. Next, Follow These Steps Continue keeping track of everything related to the accident, but in the meantime move on to the next phase of the personal injury claim process. Here are the next few things you should do. Gather any evidence involved in the accident. Take pictures of any injuries or property damage, as well as the scene of the accident. Record the names and contact information for anyone who may have witnessed the accident. If you personally talk with any witnesses, make sure to take ample notes or record the conversation. Accidents are complicated, especially when you’ve been hurt. Sometimes, it can be very difficult to know which party is actually responsible for a given incident. There are several types of entities that could be at fault — individuals, businesses, government agencies, etc. This is where an attorney could prove invaluable. It’s important not to assume anything when you’re considering your options. Be Aware of Time Limits for a Personal Injury Claim Your attorney will notify any possible defendants of your intentions to file for damages against them. This should be done as soon as possible, as there are deadlines for most legal actions. There are several things to bear in mind regarding the timing of your claim. The first is an important law called “the statute of limitations.” You’ve probably heard of this at one time or another, but what does it actually mean? And more importantly: how does it apply to your injury claim? In general terms, a statute of limitations puts a limit on how long certain legal actions can be taken after an incident. For your personal injury claim, it means that you have a finite length of time to after your accident to file a suit. If you fail to file your claim before this period ends, you will permanently lose the right to sue the other party. How long the statute of limitations last depends on a few different factors. The most important variable is the state where the accident happened. Each state prescribes a different length of time for personal injury cases, usually between one year and six years after the incident(1). Another reason to get the ball rolling is the amount of time it can take for a personal injury case to get resolved. Your attorney will want to get your case done as quickly as possible, but even with top-notch legal help, personal injury cases can stretch out for months or even years. The quicker you get things started, the quicker you can receive your settlement and move on with your life. Know About Filing Claims Against Government Agencies Things are a little more complicated if you’re suing a government agency. Cases involving the federal government are especially tricky(2). Certain guards are in place to protect federal agencies, so it’s best to involve an attorney right away. There are complexities at the state level as well(3). Typically, you’re required to file an administrative claim with the agency prior to filing your lawsuit. The time limits for administrative claims range from 30 days to 1 year, so you’ll need
Frequently Asked Questions Regarding Florida’s Personal Injury Laws
What should I do if I am hurt in a car accident? The most important thing to do after a car accident is to seek treatment immediately in order to avoid the “gap in treatment” defense that the insurance company will inevitably use against you. Most insurance companies believe that if you do not seek treatment immediately, you probably were not seriously injured. Therefore, a lower settlement value will be assigned to your case. If you were stopped at a red light and hit from behind, the other driver is always 100% at fault and should be sued, if he has auto insurance. Some people in Florida drive without auto insurance even though it is against the law. To protect yourself against uninsured motorists, you must have uninsured motorist coverage on your own auto insurance policy. What is PIP? PIP is an abbreviation for personal injury protection. In 2013, legislation was passed in Florida that allowed insurance companies to collect higher rates while providing fewer benefits to policyholders. Florida requires each driver to carry at least $10,000 in PIP coverage, which allows a Florida motorist to receive medical benefits if involved in an accident, even if the accident is his fault. Patients need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention. Unless you are taken to the hospital in an ambulance, do not leave the scene until the police come and fill out an accident report. Individuals injured in car accidents will have only 14 days to seek initial treatment. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company! In addition, massage therapists and acupuncturists are not allowed to treat patients under PIP. Acceptable treatment providers include emergency services determined by a physician, osteopath, dentist, physician’s assistant or registered nurse practitioner. Chiropractor visits are limited to $2,500 and can only be sought after a referral from an acceptable health care provider. Not seeking medical attention immediately is the biggest mistake that a claimant can make. Sometimes the swelling that accident victims feel directly after the accident masks the pain that they will feel later. Once the initial swelling goes down, it stops masking the soreness. This is when many people begin to feel numbness, tingling, or stabbing pain. Waiting to see a doctor will put your PIP claim in jeopardy and will give the auto insurance companies an excuse to demand a discount on your claim. How will my lawyer win my personal injury case? In most personal injury claims, the injured party must be able to show that the person causing the harm was careless or negligent, that the negligence caused the accident, and that the victim has sustained a permanent injury. How much is my accident case worth? The factors that determine how much your case is worth include the other driver’s insurance policy limits, the severity of the injuries, medical expenses, as well as pain and suffering. Your ability to work, your age, and your future medical prognosis are also important factors.