May 23, 2021
When you are leaving the scene of a truck accident and you were a victim in this accident, you may be wondering what the next steps are. Your adrenaline is likely starting to wear off, you may notice your injuries more, and you may be wondering if you have a legitimate claim for insurance. Usually, when a truck and a car get into an accident, the car is going to get more severely damaged than the truck. The same is true for the driver of the car. If you are wondering what next steps to take after leaving the accident scene, read on.
Speaking With Insurance
One of the first things you should do after you have been involved in any kind of vehicle accident is call your insurance. In many cases, if you do not call to report the accident to your insurance, your insurance may choose not to give you coverage. Remember, while it is important to give your insurance company the necessary information about an accident, you do not want to go overboard with the details, even if you believe you were not responsible. You can share information like:
- Who the other driver is
- Where the accident occurred
- What time it occurred
- If anybody else was involved in the accident
If the truck driver’s insurance company calls you to see how you are doing, this is not a call you want to stay on. Politely tell them that you are getting medical help for your injuries and that you would prefer any further contact with them to go through your lawyer. At this point, if you have not already, it is in your favor to find a lawyer, like a truck accident lawyer from a law firm like The Law Firm of Frederick J. Brynn, P.C. Your attorney will be happy to speak with the insurance on your behalf and make sure not to divulge too much information to them.
How do I know I need a lawyer?
When you are in an accident as serious as a truck accident, there is always the possibility of leaving a great deal of money on the table if you do not have the right legal representation. While it may seem like the truck driver is clearly the one at fault, an insurance company will do whatever they can to pay out as little as possible. If you would like more information on filing a personal injury claim after a truck accident, speak with a local attorney now.
February 24, 2021
COVID-19 Lawsuit Against Publix Allowed to Go Forward
On February 5, 2021, a Miami-Dade Circuit Court denied Publix’s motion to dismiss a wrongful death lawsuit filed by the family of a deli worker who died of COVID-19. The deli worker, Gerardo Gutierrez, had been exposed to the virus over two days in March of 2020 while working next to an employee who was displaying symptoms. According to the lawsuit, the Miami Beach Publix had prohibited Gutierrez and other employees from wearing masks. The lawsuit alleges that store managers were concerned that masks would “scare” customers.
Typically, under Florida law, when an employee is injured or killed while working, the employee or the employee’s heirs can only receive workers’ compensation benefits and cannot file a lawsuit. Workers’ compensation benefits include lost wages, medical expenses, and a limited lump sum death benefit. Because personal injury and wrongful death lawsuits can include compensation for physical and mental pain and suffering, these lawsuits can provide for significantly larger financial awards than workers compensation claims. There is an exception in Florida’s workers’ compensation law that allows workers to file personal injury or wrongful death lawsuits in cases where the employer intentionally injures an employee or acts in a manner that is certain to cause injury.
In seeking to have the lawsuit filed by Mr. Gutierrez’s estate dismissed, Publix argued that the lawsuit involved only allegations of ordinary negligence and that Publix should only be required to pay the workers’ compensation death benefit. Attorneys for Mr. Guttierrez’s estate argued that Publix misled employees to believe that they were safe without masks when Publix knew or should have known that the mask ban would increase employees’ risk of contracting COVID-19.
The lawsuit alleged that Mr. Gutierrez worked beside a female employee who had COVID-19 on March 27 and March 28. Mr. Guitierrez was hospitalized on April 10 and died on April 28. The United States Centers for Disease Control and Prevention didn’t recommend mask wearing for the public until April 3.
The court’s decision only means that the lawsuit can proceed to the initial stages. Publix will have another opportunity to ask the court to rule in its favor after depositions are taken. It is noteworthy that not one single Florida court has ever found the intentional act exclusion to the workers’ compensation law to be applicable and allowed an injured employee’s lawsuit against an employer to result in a final judgment in favor of the employee. Contact Tuttle Law, P.A., we are aggressive, experienced advocates who will not hesitate to go all out to protect you.