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Miami Personal Injury Law Blog

How helmet laws affect your rights after an accident in Florida

Imagine getting into an accident that is someone else's fault, but then you're told that you may not be able to be compensated because you didn't wear a helmet. In Florida, you're required to wear a helmet if you're under 21 or don't have enough medical insurance; additionally, you have to wear eye protection regardless of whether or not you wear a helmet.

Helmet laws can make a big difference in your motorcycle accident case, but even if you've broken a law by not wearing your helmet, you may still be able to claim for the compensation you need to recover from your injuries. A helmet, as you should know, is one of the most effective pieces of protective equipment provided to motorcyclists. They save lives by reducing the severity of head injuries.

What's a wrongful death lawsuit?

A wrongful death lawsuit is a lawsuit that claims a party is responsible for another person's death due to negligence or misconduct. Survivors of a family member who has died in Florida is typically able to file a wrongful death lawsuit in those cases, and they can try to obtain compensation for the loss of their loved one. Some kinds of compensation that they may be able to receive include compensation for lost wages, funeral expenses and companionship. Other kinds of compensation may include pecuniary injury damages, which include money for the prospect of inheritance, medical expenses, funeral expenses and the loss of support.

Under state law, you can recover compensation if you are the surviving spouse, immediate family member or the parent of a person who has died. Typically, the lawsuit will be filed by the person responsible for the deceased's estate. How much money they can request or can receive may be capped or limited by the state depending on the kind of lawsuit it is; that's why it's important to speak with someone with knowledge of the state laws before heading to court.

Florida patients with personal injuries charged high rates

Imagine being hurt in a car or truck accident and having to go to the hospital. Then, all of a sudden, you get a bill that is 65 times the average rate for your radiological services. These are the same services offered at all other hospitals, and you had no choice of where to go in your emergency situation. What do you do?

This is the center of an issue in Florida, right now. According to an Oct. 20 report, a federal lawsuit was filed against the North Florida Regional Medical Center and two other HCA hospitals because of overcharging patients who had been involved in car crashes for their diagnostic tests.

Releasing your documents in Florida: Medical paperwork

Your medical information is private in Florida. You and the doctors who work with you to help you get the care you need are the only people who see these documents outside administrative needs at the hospital. When you've been injured and are seeking compensation, you will need to provide information about your injuries to the court and your lawyer. You need to have the right medical paperwork in order to put together a strong personal injury case.

You will have to sign a medical release form in order for your attorney or others to view your medical papers. The release will only allow those you indicate to see the medical information. This is because the Health Insurance Portability and Accountability Act, better known as HIPAA, requires patient information to be strictly confidential when it contains medical information. In order to release your information, you must waive your rights to HIPAA protection with a release form.

How is a person's worth defined during a wrongful death case?

Have you lost a loved one who was still a baby? Maybe you lost an elderly parent to mistreatment at a local nursing facility in Florida. Whatever happened, you have rights as a family member of those people.

Wrongful death cases can be very difficult for family members, especially when they involve children, elderly mothers and fathers or caregivers. After a person passes away, the value of that person's life has to be valued in order to receive payment, which can be a trying and difficult process for families to deal with.

Florida car accidents: You have options to pursue

If you've been in a car or truck accident in Florida, then you need to seek the compensation you need to pay medical bills, repair your damaged vehicle and to cover the time you have lost off work. If you're now disabled, you may want to collect money that can be used to add handicap-friendly ramps or other items to your home.

With some help, you can get the compensation you need after a crash. If you have permanent or significant injuries, you can file a case. Your lawsuit may point out negligence of a driver, the corporation the driver was working for or even point out the deadly habits of a drunken driver who was given back his license after revocation.

What are some statistics about motorcyclists in the U.S.?

As a motorcyclist in Florida, you are at risk every time you drive on the roadways. Other drivers may not always see you, your motorcycle or perceive you as being as close to them as you are. Because of your lack of protection in a crash, you're more likely to be seriously injured or even killed.

You have a number of freedoms as a motorcyclist; you don't have as much metal around you, allowing your vehicle to weigh less and be more easily maneuvered. You can feel the wind on you, and you're much closer to the elements, This may make you enjoy your ride, but it does put you at risk. Unfortunately, not having the protection cars provide can lead to serious problems.

Motorcycle insurance in Florida: What's the law?

As a motorcyclist in Florida, you know what you need to do to be safe on the road, but are you certain you're covered by insurance if someone hits you in an accident and doesn't have insurance? What about if you're involved in a hit-and-run accident? There are several different kinds of auto insurance in Florida, and Florida motorcycle insurance differs by law. You need to carry motorcycle insurance, just like other motorcyclists do.

If you're in an accident with another motorcyclist who doesn't have insurance, he or she can be penalized for not having insurance. One may have a motorcycle license and other licenses suspended, have one's motorcycle registration suspended, or have to pay fees to regain legal driving privileges. On top of that, you could potentially sue him or her for compensation, since the party would have no insurance to cover your accident.

The main causes of trucking accidents in Florida

There are many reasons truck accidents take place in Florida, but a few stand out from the rest. Commercial truck drivers may cause accidents by not being trained well enough in their driving techniques or not being knowledgeable about safety concerns. Commercial drivers should be driving defensively, and passive driving may result in crashes.

Because of the way truck drivers are paid, they sometimes earn more if they work faster. That encourages drivers to go without food or sleep, leaving them in a position to cause accidents due to fatigue. Additionally, they may drive at speeds higher than recommended, and that can lead to the truck rolling over or colliding with traffic when it can't be stopped soon enough. Drivers may also be subject to unrealistic scheduling and expectations by their employers. That can cause a number of problems, because stressed and tired drivers may make mistakes on the road.

Wrongful deaths in Florida: Your right to compensation

As a person who has faced a spinal cord or brain injury or lost a loved one to an accident, it's important that you regain as much of your health as possible and are able to deal with the death of your loved one. You may not be able to work, could be suffering from pain that isn't easy to relieve or you could be stuck in a hospital and working through months of recuperation. On top of that, your loved one, a passenger or driver of the vehicle you were in, has now passed away.

As an injured victim, there are a range of symptoms you could have been left with. You could be struggling with paralysis, paraplegia or quadriplegia. Those injuries could result in you needing ongoing occupational and physical therapy to keep your muscles strong and to attempt to heal the damage. You could face trouble with your memory, anxiety, depression or other mental illnesses from trauma. Cognitive difficulties are also a possibility; you may not be able to read, write or concentrate the way you used to, and that can be frustrating when you want to work or participate in normal daily activities.

Miami Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
2650 SW 27th Ave
Miami, FL 33133
Telephone: 305-444-0060
Toll Free: 866-723-9806
Fax: 305-444-3503
Miami Law Office

Jacksonville Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
10752 Deerwood Park Boulevard South
Jacksonville, FL 32256
Telephone: 904-536-3556
Toll Free: 866-723-9806
Fax: 904-394-2956
Jacksonville Law Office