Considerations For Hiring A Personal Injury Lawyer

Personal Injury Lawyer

Anyone injured at the hands of another in a motor vehicle accident should retain counsel. I’ve been handling injury cases for almost 30 years. I would never contend that any lawyer has access to information that is somehow unavailable to others. Rather, a seasoned lawyer brings three key skills to the table. Knowing where to look, being able to quickly and effectively isolate critical factual information, and then legal principles to that factual information in order to fully and effectively support the claim or defense of the client. The best injury and accident lawyers, through training and experience, have an ability to pinpoint and isolate relevant information and leverage that information to the benefit of their client. What the experienced car accident lawyer does with the information obtained sets them apart, and, indeed, is the reason they should be hired.

An Experienced Lawyer Knows Where and How to Obtain Information

It is not a case that a lawyer would have access to a cache of information hidden from the public at large. Rather, a skilled and experienced injury lawyer like can quickly identify the sources of information which will benefit their client. The lawyer will sift through that information, and select the most important or most influential facts- both positive and negative -and then use the information gathered in a manner that most thoroughly advances the clients interests. A seasoned car accident attorney is going to be immediately familiar with the likely sources of pertinent details about their client’s injury claim. In virtually any catastrophic car accident, medical records and bills, driving records, licensing records, accident reports, police reports, insurance claim databases, location services, and of course legal documents must be consulted, analyzed and understood. These are all sources of data well known to a skilled personal injury lawyer, who does not need to reinvent the wheel for every case, but rather is familiar with who to ask, the questions to ask, and the time-frames within which to expect an answer.

A Seasoned Injury Lawyer Finds The Important Details

For the lawyer who sifts through volumes of data, it’s not really just a question of finding relevant information on a page full of information itself. It’s that, to be sure, plus also understanding how that piece of information fits into the larger picture of the legal claim or defense presented. In other words WHY the information is crucial to a case. Knowing not just what the piece looks like, but where it fits. If you have ever watched a doctor review a stack of medical records or an accountant review a stack of tax returns, you’ll know what I’m talking about.

Imagine a hypothetical scenario. An obviously injured individual presents at a lawyer’s office. That person, who did not have a lawyer before, was a pedestrian crossing a busy street and struck by a city vehicle. Tomorrow is the first anniversary of the event, and the medical expenses incurred by the injured pedestrian are already astronomical- exceeding $100,000. The vehicle was owned by a city employee who was operating the vehicle as part of their job duties. The unfortunate pedestrian has injuries to multiple parts of their body including their neck and their back requiring multiple surgeries. The city driver is arrested at the scene and charged with being intoxicated while driving.

There are numerous facts set forth above that make this- while a tragic case – also a very significant accident case due to the nature of the injuries involved. The lawyer knows the statute of limitations to file a claim is three years. An experienced attorney would immediately recognize that the key fact in this hypothetical is whether or not the city has been placed on statutory notice within one year from the happening of the event- and, if not, that notice must be given today.

An Experienced Accident Attorney Knows How To Use Information

Once the raw information is obtained, a skilled personal injury lawyer has the ability to parse through that information, identify and cull the vital factual detail and assemble this quickly and efficiently into a coherent whole, i.e. a legal claim. It is when the information is gathered and refined, the true role and need for an attorney comes to the fore. A skilled and experienced attorney is able, through a process of both factual and legal analysis, coalesce and assemble that information into a consistent and concise legal claim. An effective lawyer will then present those pertinent factual details, initially, to an insurance claims adjuster. The methods of negotiating with a large insurance company are explored in other articles on the site. Suffice it to say at the conclusion of that process, there will either be an amicable settlement of the claim-or there will not. An experienced lawyer will know if a reasonable offer is being made – or it is not. Any claim that cannot be resolved through settlement as a candidate for litigation. An experienced attorney will know where to file a lawsuit, when to file a lawsuit, how to file a lawsuit and after those initial steps have been taken, will know how to zealously, effectively and completely present those claims in a court of law.

Who Is Liable If A Tenant Or Guest Is Injured In Their Apartment

Personal Injury Lawyer

Who is liable if a tenant or guest is injured in their apartment?

It seems like most people do not have a great relationship with their landlords. There is just something about the tenant having to rely on someone else to keep their home in working order that puts a strain on things. That can get even worse when the tenant or one of their guests is injured due to an unsafe condition at the apartment. Oftentimes, these sorts of injuries can prompt questions about who was responsible for the accident or whether the injured party can sue the landlord. It turns out that the answer to those questions depends upon the specifics of the injury.

What is the general rule regarding landlord liability?

As a personal injury lawyer can explain, in most states, cases show that generally, a landlord is not liable for injuries suffered by a tenant or his or her guests once he or she has turned over the property. While this may seem like a harsh rule, it is actually a natural consequence of legal policies designed to favor tenants. Once a landlord turns the land over and a tenant starts living there, the landlord loses the right to come and go on the land as he or she pleases, in order to promote the privacy of the tenant who lives there.

Consequently, a landlord cannot be there to inspect the private areas of the apartment and make sure those areas are being kept in a safe condition. If a landlord were to be held liable for such injuries, he or she would have to be constantly checking up on people’s apartments and invading their privacy. However, there are places where this rationale does not apply and landlords may still be held liable.

What about common areas of the property?

There are a variety of exceptions under which a landlord may still be held liable for injuries suffered at apartment buildings that he or she is renting out. First, landlords are liable for injuries in areas of the apartment building where they maintain control. These tend to be injuries occurring in common areas such as tripping on a loose board in a hallway or falling down a poorly lit stairwell.

Are there other exceptions?

The other common exception to the rule is when a landlord is actually aware of the danger on the premises. When this happens, the landlord may be held liable in a couple of cases. First, if he or she attempts to repair it or hires someone to repair it, and those repairs are done negligently, the landlord may be liable for tenant injuries. Second, if it is the sort of defect that the tenant would not be able to discover, the landlord may be liable for hiding the defect or failing to inform the tenant.

Contact a Personal Injury Law Firm

If you have been injured at your rental or while visiting someone, contact a Vero Beach, FL personal injury lawyer from Tuttle Larsen, P.A. Call our office today to schedule a free consultation.

Man Dies When SUV Plows Into Fireworks Store Following Crash

Car Accident Lawyer

A tragic accident in West Melbourne resulted in the death of a 53-year-old man. The horrific crash occurred on Monday, November 28 at the intersection of West New Haven Avenue and John Rodes Boulevard, just off Interstate 95. According to Floriday Highway Patrol, the victim was driving an SUV and plowed into the back of a pickup truck twice while going through the intersection. The pickup truck’s driver turned to pull over, but the SUV continued straight ahead, crashing into the front of a fireworks store. The impact caused a huge inferno. The victim was pronounced dead at the scene.

Fatal Car Crashes

According to national statistics, a victim is killed every 16 minutes in a vehicle crash. This means that more than 90 people die each day, and 90 families lose a loved one in a fatal car accident.

Many of these tragic crashes have common factors that had they been addressed could have avoided the accidents. Instead, thousands of families are left trying to pick up the pieces – both emotionally and financially – and struggle with the death of their loved one.

At Tuttle Larsen, P.A., each Melbourne car accident lawyer has worked on countless cases, helping families get the financial justice they deserve for the death of their family member. Some of the common factors we see in the wrongful death car crash cases we handle include the following causes.

One-Third of Fatal Car Accidents are Alcohol-Related

According to the NHTSA (National Highway Traffic Safety Administration), there are more than 10,000 victims killed in car accidents that involved a driver who had a blood alcohol content that was more than the legal limit of .08 percent.

Most Fatal Car Crashes Occur Close to the Driver’s Home

Multiple studies show that most fatal crashes occur within a five to 15-mile radius of the driver’s home.

 Distracted Driving Responsible for More Than 3,000 Fatalities Each Year

More than 3,000 people who die in crashes each year are killed in accidents caused by distracted drivers. The most common distraction that causes fatal crashes is texting and driving. These numbers continue to increase each year, despite the well-known dangerous risks.

The Deadliest Type of Crash Is a Rollover

Rollovers are the deadliest crash types and are responsible for the deaths of more victims than any other type of crash. Although rollover crashes account for less than 5 percent of crashes each year, they are responsible for 30 percent of the total number of fatalities. The reason for the high number of fatalities is that victims are more likely to be ejected from the vehicle in a rollover crash compared to other types of accidents. There are also a higher number of victims who suffer injuries to the head, which often results in the victim’s death.

Men Responsible for More Fatal Crashes

Multiple studies have provided conclusive evidence that men are responsible for more fatal crashes than women. In one study that was conducted over a two-year period, men were the at-fault drivers in 65 percent of the fatal crashes that occurred during the study period.

Contact a Personal Injury Law Firm

If you have been injured in a crash caused by another driver, you may be entitled to financial compensation for your losses. Contact a skilled Melbourne, FL car accident lawyer from Tuttle Larsen, P.A. for a free consultation.

Multi-Vehicle Accident Results In Six Crashes

Car Accident Lawyer

One car accident in Jacksonville ended up resulting in five more accidents. The multi-vehicle crash, which took place on November 27th, on I-295 Southbound at Morse Avenue, involved more than 20 vehicles, including two commercial trucks, and resulted in multiple injuries. Flordia Highway Patrol, who is investigating the accident, reports that none of the injuries were life-threatening.

How Is Fault Determined?

If you have been injured in a car accident, it is critical to determine clear fault of the accident in order to collect the financial damages you may be entitled to. A car accident lawyer can assist you in pursuing those damages, either through a settlement with the at-fault driver’s insurance company or through a personal injury lawsuit.

The majority of car accidents have factors that the insurance company may try to use against the victim in order to reduce the financial compensation of the claim or reject it entirely. Before settlement negotiations can really begin between your attorney and the insurance company, fault for the accident must be established.

Your lawyer will examine different aspects of the crash to prove that fault. One way is to see if any traffic laws were broken by the other party. If there is a police report on the accident that describes that violation, as well as any citation the at-fault driver received, that is very strong evidence of fault that will likely not be able to be disputed by the driver’s insurance company.

In some cases, there may even be an accident reconstruction to help bolster the victim’s case.

There may be accidents where both parties were guilty of some type of traffic violation, however, only one of the party’s actions actually caused the crash. For example, if the victim’s brake lights were not working, but the accident was a T-bone crash because the other driver ran a stop sign, then the brake light malfunction would not be an issue in the car accident claim.

However, if the brake lights were not working and the accident was a rear-end collision, an accident reconstruction could show mitigating circumstances. For example, if the other driver had been speeding when he or she rear-ended the victim’s car, then both parties may be at fault. In these types of cases, comparative negligence may apply.

Comparative negligence is a principle that many states use that says when there is an accident, the fault of each party is based on how much each party’s actions contributed to the accident. Whatever percentage of fault is assigned to the victim is the percentage that will be deducted from the final amount of settlement or award. For instance, a car accident victim is found to be 30 percent at fault for the crash. A jury awards them $100,000 for their injuries, but 30 percent – or $30,000 – would be deducted from that amount.

Contact a Personal Injury Law Firm

If you have been injured in a crash caused by another driver, you may be entitled to financial compensation for your losses. Contact a skilled Palm Beach, FL car accident lawyer from Tuttle Larsen, P.A. for a free consultation. 

Do Vehicle Safety Features Really Work?

Car Accident Lawyer

According to estimates from the National Highway Traffic Safety Administration (NHTSA), more than 45,000 people per year are killed in automobile accidents each year, and another two million are injured. A car accident lawyer knows that approximately 20 percent of those accidents involve a distracted driver. To combat these issues, automobile manufacturers have added a number of safety features to their vehicles. Many of them – including automatic braking, adaptive headlights, and lane departure warning – have been evaluated by Consumer Reports.

Evaluated Safety Features

In total, Consumer Reports analyzed eight safety features, which included:

• Pedestrian detection and braking – Able to recognize a person in the vehicle’s path. Some can apply the automatic braking system, and some of the newer systems are also able to detect pedestrians.
• Forward-collision warning (FCW) and autobrake systems – Laser-, radar, or camera-based systems that warn drivers of a front-end collision. If the driver ignores the warning, the system will partially or fully brake. Some also pre-charge the brakes and take other steps that help prepare the car for impact;
• Rear cameras – Provides rear-visibility technology that enables the driver to see behind them.
• Blind-spot monitoring and assist – Uses radars or cameras to scan areas around and behind the car to look for objects in the vehicle’s blind spots. If one appears, an illuminated icon appears in the appropriate side-view mirror and many give auditory signals as well. Some come with features that send stronger alerts if the driver signals a turn and more advanced systems help keep drivers in the lane by applying the brakes on one side of the vehicle.
• Rear cross traffic – Radar sensors that scan for hazards approaching along the sides as the vehicle backs up. The best systems are even able to detect shoppers with carts and approaching bicyclists.
• Lane-departure warning (LDW) and steering assist – Cameras and processing software that can pick up lane markers and provide warning to the driver if they begin to stray from their lane. More advanced systems are designed to apply the brakes or gently nudge the steering wheel so that the car returns to its own lane.
• Adaptive headlights – Headlights that swivel to illuminate the road as the driver navigates turns.
• Drowsiness detection – A variety of technologies that are meant to determine when a driver is tired or falling asleep while driving.

The Verdict from Consumer Reports

Consumer Reports said they found value in all of the advanced safety features, but some added more value than others. In particular, they recommended that every new car buyer search for a car with FCW. There was, however, one feature that the reviewers were mixed on: adaptive headlights. They found that the feature did not always work as expected and that, at times, the swiveling motion was actually more distracting than helpful.

Cost a Hindering Factor to Improving Road Safety

Sadly, none of these features are currently mandatory, and most are an added bonus. Not all drivers can afford the added cost, which greatly hinders the general safety of America’s roads. So, until these features are more widely available, it is critical that drivers exercise the utmost care when they get behind the wheel. And, when accidents happen, it is important that they contact a skilled personal injury attorney to ensure they receive the compensation they may be due.

Contact a Personal Injury Law Firm

If you have been charged with a hate crime, make sure to contact a Port St. Lucie, FL car accident lawyer from Tuttle Larsen, P.A. Call our office today to schedule a free consultation.