August 31, 2020
Bicycle Accidents
Bicycle Accident Lawyer Florida
One of the best things about living in Florida is the weather. People who enjoy bike riding can pretty much ride year-round in this state. Unfortunately, although riding a bike is a healthy and environmentally friendly way to get around, it is also one of the most dangerous. Each year, more than 800 cyclists are killed in vehicle accidents. Thousands of more are seriously injured, and as a bicycle accident lawyer Florida clients recommend can attest, the wonderful weather Floridians enjoy also means that many of those bike accidents occur right here in our state.
In fact, in one recent study, Florida was the most dangerous state for bicyclists. One news report called it a “killing field.” If you ride, you need to exercise a great deal of caution and ride defensively. But that often is not enough. Negligent motorists can strike and injure the most cautious rider. If you been in a bicycle accident, you need more than just medical help. You need an experienced attorney who can serve as a strong advocate for your compensation.
Severity of Bike Accident Injuries
The majority of vehicles on the road today weigh several thousand pounds, some vehicles even more. The average weight of a bike is about 20 pounds, while specialty bikes weigh even less. Occupants who are in cars and other vehicles have protection surrounding them to provide some kind of buffer or barrier from the impact of a crash. A bicycle provides no such protection for the rider. This is why when a vehicle slams into a bicycle, the injuries are usually serious to severe.
Many of the bike accident cases that each Florida bicycle accident lawyer from our firm handle usually involve one or more of the following injuries suffered by the victim:
- Amputations
- Brain injuries
- Dental damage
- Facial injuries
- Fracture bones
- Head injuries
- Neck injuries
- Road rash
- Spine injuries
Tragically, many of these injuries leave the victim facing long-term recovery or permanent disability. This also means extensive medical bills, leave of absence or unable to return back to work, and reduction in the victim’s quality of life. The physical, emotional, and financial losses to a bike accident victim can be devasting to them and their family.
Financial Compensation
If a driver’s negligence caused the bike accident, then that driver will likely be legally liable for the damages the victim has suffered because of the accident. Negligence is defined as violating the standard of reasonable care. There are many factors that can cause a driver to hit a cyclist, including speeding or other traffic violation, driving under the influence of alcohol and/or drugs, or engaging in distracted driving behaviors.
Drivers seem to be even more distracted, perhaps by phones and texting, as one study found that while vehicle crashes had increased, those due to carelessness had increased at almost four times the rate of the overall increase. If a driver is texting, it may be possible to subpoena their phone records during discovery to prove their negligence. Each Florida bicycle accident lawyer from our firm is skilled at examining crashes and looking for the evidence you need to be successful with your claim.
In order to pursue a bike accident claim, your attorney will first file a claim with the negligent driver’s insurance company. Keep in mind, however, that the majority of insurance companies will only offer the minimum compensation that does not even come close to fully covering all the losses a victim has suffered, especially a victim who is seriously or severely injured. If the insurance company fails to negotiate in good faith, your attorney can then file a personal injury lawsuit to pursue damages through litigation. When this step is taken, most insurance companies are more apt to come back to the negation table to reach a fair and just settlement for the victim.
Our Firm Understands
Our attorneys at Tuttle Larsen, P.A., know how severely you can be injured when motorists collide with a bicycle. Crashes can range from minor, where you suffer only bruises to seriously broken bones, spinal cord and traumatic brain injuries, and in the worst cases, fatalities.
You may need multiple, major surgeries, casts, therapy, and long-term care. Spinal cord injuries can lead to paraplegia and quadriplegia, along with lifetime medical care. Our attorneys understand how devastating these crashes can be, and we work to secure the financial compensation you will need, no matter the level of care you may require.
If you were injured by a negligent motorist or another bicyclist while on your bicycle, contact our office to schedule a free and confidential consultation with a skilled Florida bicycle accident lawyer and find out how we can help.
Florida Bicycle Accident Lawyer FAQs
Can I recover damages if I was hit by a car while riding my bicycle?
Yes, our experienced Florida bicycle accident lawyer may be able to help you pursue and recover damages for your injuries and other losses if you were hit by a car while riding your bicycle. The driver of the car may be liable for your damages if they were negligent or violated traffic laws. In Florida, you may still be able to recover damages even if you were partially at fault for the accident, as the state follows a comparative negligence system. It should be noted that if you are found partially at-fault, your damages may be reduced by the percentage of fault assigned to you.
What should I do if I am hit by a car while riding my bicycle?
If you are hit by a car while riding your bicycle, the first thing you should do is seek medical attention. You should also call the police to report the accident and exchange information with the driver, including their name, contact information, and insurance information. Take photos of the accident scene and any damages or injuries, and seek legal advice from a lawyer that specializes in bicycle-related personal injury cases. An experienced lawyer from Tuttle Larsen, P.A. will be able to provide you with accurate and concise guidance for taking legal action against responsible parties.
Can I recover damages if I was injured due to a faulty bicycle component?
Yes, if you were injured due to a faulty bicycle component, you may be able to recover damages from the manufacturer, distributor, or seller of the defective product. Product liability laws hold manufacturers and sellers responsible for injuries caused by their products, and an experienced bicycle accident lawyer in Florida can help you pursue compensation for your damages. If for any reason you believe a faulty component contributed to your accident, you should consult with a bicycle accident lawyer Florida residents trust.
What if I was not wearing a helmet during a bicycle accident?
If you were not wearing a helmet during a bicycle accident, it may be used as evidence against you in a personal injury lawsuit. While not wearing a helmet does not automatically bar you from recovering damages, it may be argued that you were partially at fault for your injuries. It is always recommended to wear a helmet when riding a bicycle to reduce the risk of injury.
In Florida, bicyclists under the age of 16 are required to wear helmets while riding. While not required for adult bicyclists, wearing a helmet is always recommended to reduce the risk of head injuries.
How long do I have to file a lawsuit for a bicycle accident?
The statute of limitations for filing a lawsuit for a bicycle accident varies by state and can range from one to six years. In Florida, the statute of limitations for filing a bicycle accident lawsuit is four years from the date of the accident. It is important to consult with an experienced Florida bicycle accident lawyer as soon as possible after the accident to ensure that you do not miss any important deadlines. Waiting too long to file a lawsuit can result in your case being dismissed and you may lose the opportunity to recover damages for your injuries.
If you were involved in or injured in a bicycle accident, the qualified legal professionals at Tuttle Larsen, P.A. are here to guide you. Contact our firm today for your free consultation.
We never forget that real people and communities are behind every case.
July 15, 2020
Criminal Defense
Have You Been Charged With A Crime?
Being charged with a crime is a frightening experience. Often those accused feel powerless. You may be outgunned by a system that you do not understand. On such a playing field, and with so much at stake, it’s important to have a strong advocate on your side.
Ask For An Attorney And Remain Silent
If you or a loved one is facing criminal charges, our attorneys at Tuttle Larsen, P.A., can help. The first thing you should do after an arrest is to ask for an attorney. It is vital that this is done as soon as possible. Second, do not answer any questions and if they persist, tell them the interview is over and wait until we arrive.
We have the knowledge and experience to represent your interests. We understand the process, and we can protect your rights and work to obtain the best results for your case. With your freedom at stake, we do protect your rights and investigate your charges. Call our office at 772-563-0032 right away.
An Aggressive Defense For A Variety Of Criminal Charges
We build a tough defense for you by taking the time to listen to your situation. We have substantial experience working with clients facing a wide range of charges, including:
- DUI/DWI
- Driving offenses
- Assault and battery
- Drug offenses
- Property offenses
- Resisting arrest
- Probation violations
- Juvenile offenses
- Theft and fraud
We will explain the law to you, how it applies to your facts and inform you about the possible defenses to your charges. We provide straightforward advice and encourage you to participate meaningfully in your defense.
Charged With A DUI/DWI?
In Florida, a charge of driving under the influence carries significant negative legal consequences. It is also commonly referred to as a DWI in other states. Common penalties for a DUI conviction include jail time, fines, license suspension, ignition interlock requirements, addiction counseling and community service. When facing DUI charges, the consequences are severe. They have the potential to have lasting effects on your life and the lives of those closest to you. It’s important to consult an experienced attorney. At Tuttle Larsen, P.A., our attorneys can help protect your rights and work vigorously to minimize the future consequences of a DUI arrest.
Drug/Prescription Medication-Related DUIs
The charge of driving under the influence covers more than drinking alcohol and driving. Drivers in Florida can be charged with DUI after using a wide range of substances. These substances not only include illegal drugs, but also over-the-counter and prescription medications as well. If you have been charged with a DUI for using a medication that was prescribed for you, call us at 772-563-0032.
Are You Facing Boating Under The Influence Charges?
Operating a watercraft under the influence of an intoxicating substance is like a DUI. It can carry many of the same types of penalties associated with a DUI in a motor vehicle. These penalties include probation, imprisonment and large fines.
Several factors may increase the severity of punishment. These include the presence of minors, the level of intoxication, and a prior history of boating under the influence or driving under the influence. Any watercraft used in an instance of BUI must be impounded or immobilized for a period of time. The owner, leaser or renter of the vessel must pay all associated fees.
Bicycling Under The Influence Allegations
Floridians and visitors to our state beware! You can be charged with driving under the influence while riding a bicycle. Furthermore, you can be arrested for being intoxicated and operating any transportation device. This includes anything that moves a person from one place to another, such as scooters, skateboards, golf carts and lawn mowers.
Drivers Often Underestimate The Risk Traffic Offenses Pose
A traffic offense is a serious matter. It is never “just a traffic ticket.” Each offense erodes your ability to maintain your license and legally drive. And driving is necessary in Vero Beach and anywhere in Florida. Without a license, you would have difficulty keeping a job, going to school or even running to a store. We understand that while driving is a privilege, it is also essential. We work to help you overcome these charges and move on with your life.
Traffic offenses can include any violation that occurs while operating a vehicle on a public highway. Some of the most common traffic charges in Florida include offenses such as:
- Driving with a suspended license
- Driving with no valid license
- Reckless driving
- Leaving the scene of an accident (“hit and run”)
Each of these violations is punishable by probation, jail time and/or fines. It is important that you take every traffic offense as a serious matter and consult a lawyer as soon as possible. Ignoring these charges can eventually lead to the loss of your license and additional serious criminal charges being added to your record.
Facing An Assault Or Battery Charge?
The terms “assault” and “battery” are often used interchangeably to describe any number of violent crimes. Yet, these terms have two distinct definitions under Florida law. If you have been charged with these offenses, our attorneys will work to defend you and protect your rights.
Assault is defined as a threat to do bodily harm upon another person. It can be charged as a misdemeanor or a felony depending on the nature of the threat involved. The crime of assault can be broken down into two categories: Misdemeanor assault or “simple” assault, or aggravated assault.
Battery is touching or striking another person against their will. Like assault, it can be charged as a misdemeanor or a felony. Being charged with these types of violent crimes is a serious matter. In addition to the penalties, these charges, like all criminal convictions, carry a strong social stigma that can haunt your future. The penalties include jail time, probation, required counseling, fines and the payment of restitution.
Sometimes assault and battery charges are a result of a variety of situations ranging from simple horseplay to dangerous brawls. Our experienced attorneys will review your facts and explain the potential defense to these charges. We have helped hundreds of people facing assault and battery charges with positive results.
Victim-Based Enhancements
Even in the absence of serious harm, if a misdemeanor battery is committed against certain victims, the misdemeanor charge can be enhanced to a felony. These victims are as followed: a child, person over 65, law enforcement officer, firefighter, emergency medical care provider, sports official and certain government employees. If your charge is against anyone who falls under these guidelines, it may be enhanced to a felony.
Assault and battery charges are serious. A criminal conviction can damage your ability to obtain a job or even somewhere to live. Call us for help with these charges: 772-563-0032.
Bail Reductions (Bond Reductions)
Those who are arrested and taken to jail are entitled to release pending trial on “reasonable conditions.” For most, “reasonable conditions” include the posting of monetary bail. Bail is a sum of money that the court holds as a form of deposit. If the defendant fails to appear in court as directed, the judge can take the deposit, and issue a warrant for the defendant’s arrest for “failure to appear.” Small mistakes can have large repercussions for your case. Our attorneys can help prevent this from happening with our seasoned representation at every stage of your prosecution.
Theft And Fraud Charges Range In Seriousness
There is a wide range of criminal offenses that fall under theft and fraud charges. Punishable as misdemeanors to first-degree felonies, penalties can include up to 30 years in prison. Our attorneys have successfully defended individuals charged with a misdemeanor to felony crimes in Indian River and St. Lucie County, including:
- Petit theft
- Grand theft
- Dealing in stolen property
- Giving a false statement to a second-hand dealer
- “White collar” crimes
- Organized fraud
- Criminal use of personal identification information
- Fraudulent use of a credit card
- Robbery
There is often more at stake than spending time in jail if you are convicted of theft or fraud. Criminal background checks are common. Those with theft charges on their criminal records experience long-lasting difficulties in their lives. If you have been charged with misdemeanor shoplifting, felony embezzlement, or dealing with charges for a worthless or forged check, our experienced lawyers can help. We will develop a defense that best protects your rights and interests.
Charges For Drug Offenses In Florida Can Be Confusing
Drug offenses in Florida are varied. Prosecutors use this to make charges difficult to understand and as threatening as possible. They intimidate those accused into making a plea out of fear. Regulated drugs are known as “controlled substances.” Florida’s controlled substances statute covers over 100 different chemicals. This means that while the street name of the drug or substance may not be listed, the drug is still encompassed by the statute.
Suspicion of any of the following acts with controlled substances may form the basis for an arrest and criminal prosecution:
- Possession
- Possession with intent to sell
- Sale, distribution and/or delivery
- Manufacturing or cultivation
- Possession of paraphernalia
The penalties for drug crimes vary greatly. They can range from probation, mandatory addiction counseling, and fines, to long-term mandatory prison sentences. An adjudication of guilt for the mere possession of a controlled substance, like marijuana, results in a one-year driver’s license suspension. This may seem extreme. These extreme penalties are why it’s important you have a knowledgeable and experienced lawyer in your corner.
What Is A Property Offense?
The term “property offenses” is a broad term, encompassing a great deal of conduct. “Property offenses” describe crimes that prohibit certain actions on land, residences, business establishments or of personal belongings. Even though “property offenses” cover a wide range of actions, there are three common charges:
- Trespass
- Criminal mischief
- Burglary
Many of those who are arrested for property crimes do not realize the seriousness of the charge. What may seem like a minor act can result in significant, negative legal consequences. These charges can range from vandalism to refusing to leave a piece of property after being asked, and can result in misdemeanor or felony charges.
Resisting Arrest And Obstructing Justice
In Florida, resisting arrest and obstructing justice are classified under the same criminal statutes. It is illegal to resist, obstruct or oppose any law enforcement officer who is lawfully executing a legal duty. The two most commonly charged versions of this offense are:
- Resisting an officer without violence
- Resisting an officer with violence
Both charges are punishable by jail time, probation and fines. Yet, for obvious reasons, resisting an officer with violence carries more significant penalties. These charges are most often seen when a person resists the actions of a police officer. However, they can be charged in other circumstances, including obstructing any state officer, a probation officer or a corrections officer.
Are You At Risk Of Violating Your Probation?
Probation is a form of punishment that may be used against those convicted of criminal offenses. Those who are sentenced to probation are allowed the opportunity to live in the community rather than in jail or prison. In exchange for that opportunity, the probationer agrees to abide by many terms and conditions. Probation terms are defined by the sentencing judge. The compliance with those terms is supervised by parole and probation officers. Call us at 772-563-0032 for the help you need with this process and to explain what you need to do to avoid a violation.
Understanding Weapon Offenses
If you are charged with a firearms violation, you could be facing steep fines, loss of possession right and jail time. Florida weapons offenses charges include:
- Improperly displaying a firearm or weapon
- Carrying a concealed weapon
- Possession of an illegal firearm
- Possession of a firearm by a convicted felon
Is Your Loved One Struggling With Juvenile Offense Charges?
Juvenile charges can be troubling. Children often fail to recognize the seriousness of their conduct. Children under 18 years of age who are alleged to have committed criminal offenses in Florida are charged and prosecuted pursuant to Chapter 985 of the Florida Statute. The types of actions that are prohibited by law are the same for both juveniles and adults. But, the procedure by which juveniles are arrested and charged with crimes is completely different than that of the adult system. Our team can help you deal with the challenges of juvenile prosecution.
Our attorneys at Tuttle Larsen, P.A., have the experience to guide you through the complex legal process and protect your constitutional rights. Criminal charges are always serious. Don’t delay, email us or call us: 772-563-0032.
Criminal Defense Attorney FAQs
When facing criminal charges, a criminal defense attorney can be your ally to help navigate the process. Defense attorneys are legal professionals who specialize in defending individuals accused of committing crimes. Learn more about common questions we receive, then contact Tuttle Larsen, P.A. for help.
1. What types of situations can a defense attorney help with?
Criminal defense attorneys are well-equipped to handle a wide range of legal situations involving criminal charges. Situations where an attorney can provide assistance are:
- DUI/DWI Cases: If you’re charged with driving under the influence (DUI) or driving while intoxicated (DWI), a defense attorney can help navigate complex DUI laws and build a strong defense strategy.
- Drug Offenses: Whether you’re charged with possession, distribution, or manufacturing of controlled substances, a defense attorney can protect your rights and challenge the prosecution’s evidence.
- Assault and Battery Charges: If you’re accused of assault or battery, a defense attorney will work to gather evidence and witnesses to establish self-defense or mitigate the charges.
- White-Collar Crimes: defense attorneys can defend individuals accused of embezzlement, fraud, insider trading, and other white-collar crimes.
- Theft and Property Crimes: Whether it’s shoplifting, burglary, or grand theft, a defense attorney can help you understand the charges and develop an appropriate defense strategy.
2. What are some common defense strategies used by defense attorneys?
Defense attorneys employ various strategies based on the unique circumstances of each case. Some of these strategies may include the following:
- Challenging Evidence: Attorneys may challenge the admissibility of certain evidence if it was obtained illegally or in violation of the defendant’s rights.
- Negotiating Plea Deals: In some cases, negotiating a plea deal with the prosecution may lead to reduced charges or a lighter sentence.
- Alibi Defense: If the defendant can provide a credible alibi, it can be used to prove their innocence or create reasonable doubt.
- Insanity Defense: In situations where the defendant’s mental state is in question, an insanity defense may be used to argue that they were not mentally capable of understanding their actions.
- Proving Lack of Intent: For certain crimes, demonstrating that the accused lacked the intent to commit the offense can be a successful defense strategy.
3. How should I select a defense attorney for my case?
Choosing the right defense attorney is crucial to the outcome of your case. Consider the following factors when making your decision:
- Experience: Look for an attorney with significant experience in handling cases similar to yours. A seasoned attorney will be more familiar with the intricacies of criminal law and courtroom procedures.
- Reputation: Research the attorney’s reputation by reading online reviews, testimonials, and seeking recommendations from trusted sources.
- Track Record: Inquire about the attorney’s success rate in handling cases similar to yours. An attorney with a strong track record indicates their ability to achieve positive outcomes.
- Communication: Choose an attorney who communicates effectively and keeps you informed about the progress of your case.
- Fees and Costs: Discuss the attorney’s fees and billing structure upfront to avoid any surprises later on.
4. Can a defense attorney help me if I’m innocent?
Often, people can face criminal charges even when they’re completely innocent. If you believe you are innocent or have been wrongly accused, a defense attorney will work tirelessly to prove your innocence and ensure that you receive a fair trial.
5. Should I hire a private defense attorney or use a public defender?
While public defenders provide legal representation to those who cannot afford a private attorney, they often handle heavy caseloads, leaving limited time to focus on individual cases. Hiring a private defense attorney allows you to benefit from their specialized expertise and dedicated attention to your case. While hiring a private attorney is an expense, you can benefit from more specialized legal assistance. Remember, a defense attorney’s role is to protect your rights, build a robust defense, and strive for the best possible outcome. Consulting with an experienced criminal defense attorney from our Tuttle Larsen, P.A., team.
July 15, 2020
Traumatic Brain Injuries
Brain Injury Lawyer Florida
Few injuries are as life-changing as traumatic brain injuries (TBIs). Traumatic brain injuries can occur in a wide variety of circumstances, from seemingly trivial falls to catastrophic car accidents. They can occur with children involved in recreational activities and sports, and the elderly falling on an uneven sidewalk. A traumatic brain injury can leave a person in a coma or with subtle changes to their personality. Each brain injury lawyer Florida families trust at Tuttle Larsen, P.A., understands the severity of these injuries, and they will vigorously work to recover compensation that will allow you to obtain the medical care you need.
A Significant Number of TBIs Are a Result of Car and Truck Crashes
While many newer vehicles have numerous safety features that have reduced the likelihood of some of these injuries, the enormous forces imparted to occupants inside a vehicle during a collision still lead to many people suffering concussions and TBIs. When these motor vehicle crashes are severe, the injuries are significant and life-changing.
You Want a Thorough Medical Exam
In some collisions, you may think you’re okay, even after suffering a blow to the head. You may think you don’t need to see a doctor you may have even blacked out, but you feel fine now. Don’t make this mistake. Concussions can cause a serious traumatic brain injury, even if your head does not appear to be seriously injured. Traumatic brain injuries are caused by the brain striking the inside of the skull.
It is essential that you have a complete examination, to accurately document your condition and to ensure that doctors can observe your behavior and look for any symptoms of a TBI. These types of concussions can lead to problems later, such as loss of an ability to concentrate, short- or long-term memory loss, and changes to your personality or behavior.
Symptoms of Brain Injuries
Mild Brain Injuries and Concussions
The mildest form of a brain injury is a concussion, but even a concussion can have a significant impact on a victim’s daily life, even if it is only a temporary one. Symptoms of a concussion include balance issues, confusion, dizziness, double vision, headaches, light sensitivity, nausea, noise sensitivity, and vomiting. These symptoms eventually do go away, however, some victims end up developing post-concussion syndrome (PCS). Symptoms of PCS include anxiety, concentration issues, depression, irritability, and memory issues. In some cases, a PCS victim can also suffer from chronic headaches, dizziness, and insomnia. PCS symptoms have been known to last for months after the injury, causing a major impact on the victim to function at work, school, or in their daily life.
Moderate to Severe Brain Injury
There are many types of incidents that can leave a victim with a severe brain injury. Some of the more common that a Florida brain injury lawyer sees in the lawsuits he or she has handled include:
- Assaults
- Bicycle accidents
- Construction accidents
- Fall from heights
- Motorcycle accidents
- Pedestrian accidents
- Sports
Victims of moderate to severe brain injuries have the same symptoms as a victim with a concussion or other mild brain trauma, but also can suffer from inability to awake from sleep, loss of consciousness, loss of coordination, numbness, seizures, and weakness. There are also significant cognitive difficulties a brain injury victim may have such as agitation, confusion, and other extreme personality changes. There are also physical conditions that come with severe brain injuries, including:
- Buildup of fluid on the brain (hydrocephalus)
- Paralysis of the face
- Blood vessel damage which can cause blood clots or strokes
- Difficulty with communication
- Difficulty with executive functioning (thinking, planning, self-control, self-monitoring, working memory, organization, time management)
Financial Compensation for Brain Injuries
Victims who have sustained brain injuries in accidents caused by other parties can pursue a personal injury lawsuit against those parties. A Florida brain injury lawyer will evaluate the victim’s case and determine what damages they may be entitled to. Some of the typical losses brain injury victims can recover include the following:
- Past, present, and future medical expenses
- Cost of home or residential care if the victim is left unable to care for themselves because of the injury
- Loss of income and benefits while recovering
- Loss of future income if the victim is left permanently disabled
- Pain and suffering
- Emotional anguish
- Permanent disability
- Loss of the ability to enjoy day-to-day activities
Let Our Personal Injury Law Firm Help
If you have suffered a brain injury because of a car accident, fall, or other incident caused by the negligence of another party, you may be entitled to financial compensation for the losses your injuries have caused you. Contact Tuttle Larsen, P.A. P.A. to schedule a free and confidential case evaluation with a dedicated Florida brain injury lawyer. Call our office today.
What types of accidents or incidents commonly result in traumatic brain injuries (TBI)?
A traumatic brain injury, or TBI, can happen due to a number of accidents, such as car accidents, slip and falls, sports-related injuries, workplace accidents, and even assault and battery, as experienced Vero Beach, FL traumatic brain injury attorneys know. Falls, especially among older adults, are a leading cause of TBIs.Traumatic brain injuries (TBIs) are more common than many people realize. According to the Centers for Disease Control and Prevention (CDC), approximately 2.87 million TBI-related emergency department visits, hospitalizations, and deaths occur annually in the United States alone. Incidents involving motorcycles, bicycles, and recreational activities can also lead to severe head injuries. Regardless of the scenario, if another party’s negligence caused the injury, seeking legal counsel is essential to determine if you have a potential TBI claim.
How can a traumatic brain injury attorney assist me in pursuing a legal claim?
Experienced Vero Beach traumatic brain injury attorneys can handle cases of various complexity, and they can provide valuable guidance through the process. They can assess the details of your case, gather evidence, consult medical experts, and negotiate with insurance companies to pursue fair compensation for your damages. An experienced attorney will understand the long-term implications of a TBI and advocate for your rights, ensuring you receive adequate compensation for medical expenses, lost wages, pain, and suffering. Their knowledge and expertise in personal injury law can significantly increase your chances of obtaining a favorable settlement or verdict.
What compensation can I expect to recover in a traumatic brain injury lawsuit?
Compensation for a traumatic brain injury case can depend widely on various factors, such as the type of injury and how the injury has impacted the victim’s life. Typically, victims may seek economic damages, covering medical expenses, rehabilitation costs, lost wages, and future medical needs. Non-economic damages may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships. In cases involving extreme negligence, punitive damages might also be pursued. An experienced traumatic brain injury attorney will assess the specific circumstances of your case to determine the appropriate value of your claim and fight to secure the maximum compensation you deserve.
Is there a time limit for filing a traumatic brain injury claim?
The statute of limitations is the time limit that determines when a claim can be filed. The specific time frame varies by state and the circumstances of the case. In some jurisdictions, it could be as short as one year, while others may allow up to several years. However, delays in seeking legal advice can be detrimental to your case, as crucial evidence may become harder to obtain with time. It is vital to consult with a traumatic brain injury attorney as soon as possible after the injury to understand the applicable statute of limitations and initiate the legal process promptly.
What if the traumatic brain injury occurred due to a partially responsible party? Can I still pursue compensation?
Yes, you may still be eligible for compensation even if multiple parties share responsibility for the traumatic brain injury. Different states follow various legal principles, such as comparative negligence or contributory negligence, to determine how compensation is awarded when multiple parties are at fault. Your traumatic brain injury attorney will assess the circumstances and evidence to identify the degree of fault held by each party. Depending on the jurisdiction, your compensation may be reduced proportionally based on your assigned percentage of fault. To get quality legal representation for your case, contact Vero Beach traumatic brain injury attorneys near you such as one from Tuttle Larsen, P.A.
July 15, 2020
Wrongful Death
Wrongful Death Lawyer Florida
When a loved one is killed in an accident caused by another party’s negligence or recklessness, Florida law allows the family of the victim to pursue a wrongful death lawsuit against those responsible. At Tuttle Larsen, P.A., each wrongful death lawyer Florida clients turn to understands that no amount of money will ever make up for the tragic loss of a loved one. We also understand that this sudden loss is not only emotional devastation, but it can also be financially devastating.
Wrongful Death Lawsuit
Generally, a wrongful death lawsuit can be filed in incidents where if the victim had survived, they would have been entitled to file a personal injury lawsuit in order to obtain financial compensation for their medical expenses, loss of income from being unable to work, pain and suffering, emotional anguish, permanent disability, loss of life enjoyment, and more. These dame losses can be pursued under a wrongful death action filed by the victim’s survivors.
Under Florida’s wrongful death statute, all potential beneficiaries, as well as the victim’s estate, can pursue a wrongful death lawsuit. The lawsuit can be filed by a victim’s spouse, children, parents (if the victim is a minor), and representative of the victim’s estate.
Damages include the value of the loss of support and services from the date the victim was injured until their death, as well as the value of future loss of support and services. Other damages that can be collected depend on which beneficiary is filing the lawsuit:
- The victim’s spouse: May also seek damages for loss of the victim’s companionship and protection, as well as damages for the mental anguish for their loss.
- The victim’s children: May also seek damages for loss of parental guidance, companionship, and instruction, as well as damages for the mental anguish for their loss.
- Parents of a minor child: May also seek damages for the mental anguish for their loss. If the victim was an adult child who had no spouse or children, the parents pursue a wrongful death lawsuit.
The representative of the victim’s estate can pursue damages for an array of losses:
- Loss of income from the day the victim was injured until the day they died.
- Loss of future income
- Medical expenses
- Funeral and burial expenses
There are a number of situations that can result in a wrongful death lawsuit. Some of the more common that a Florida wrongful death lawyer sees in the cases he or she handles include:
- Distracted driving accidents
- Drunk driving accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability accidents
- Workplace accidents
- Medical malpractice
- Dangerous or defective products
A Difficult Process
Wrongful death cases are difficult and tragic. No amount of money can truly make up for the loss, but a successful wrongful death case can bring a sense of closure by obtaining justice and financial compensation for their contributions to your family. The difficulty of these cases can be compounded by the fact that you are forced to deal with complex legal issues at a time when your world has been turned upside down, and you and your family are grieving. This is where we can assist.
At Tuttle Larsen, P.A., our attorneys are experienced with these legal complexities. We are highly sensitive to the emotional tumult everyone is undergoing. We can lift the burden of the legal aspects, ensuring you are not taken advantage of by insurance companies or their defense lawyers.
We can help your family with the complex calculus of bringing a wrongful death case. Call our office today to schedule a free and confidential consultation with a Florida wrongful death lawyer and find out how we can help.
Wrongful Death Lawyer FAQs
How can I learn more about my legal rights?
Figuring out your legal rights when trying to file a wrongful death claim can be quite complicated, as a seasoned wrongful death lawyer is aware of. It is important to know that only certain family members can file a wrongful death. You should develop a basic understanding of your legal rights because it can help you understand what choices you can make. If you are not informed about your rights, you can end up making your situation more difficult to deal with. You can also make mistakes that can result in negative consequences, such as getting a lower compensation package. Obtain a basic understanding of your rights, so be sure to ask a lawyer about key things to know.
What evidence do I need to present?
You will need especially compelling evidence for your wrongful death suit to end with positive results. For your wrongful death case to be successful, as a surviving loved one you need to be able to show that your family member died as a result of negligence. Proving negligence requires elements that include: a duty of care, failure to provide duty of care, fatal injuries sustained as a result of the actions, and a connection showing that the defendant committed the actions that led to your loved one’s death. You should provide evidence such as medical records, photographs, videos and eyewitness accounts.
When can a lawyer answer my urgent questions?
It is common to have many questions about the law if you have a legal issue. The best time to ask an experienced wrongful death lawyer like one from Tuttle Larsen, P.A. about answers to pressing questions that you may have is sooner than later. You can have a lawyer answer all of your questions during your consultation with them. This is the time when you first meet the lawyer and can learn more about their background, qualifications, and receive your case assessment. If you are unsure what you need to know and what questions to ask, a lawyer can help you understand what you need to find out.
What happens if I wait too long to see a lawyer?
It is imperative that you see a lawyer as soon as possible while there is time. Wrongful death cases can take a long time to resolve. Many people are not aware that there is limited time to file a claim. Completing a wrongful death suit can take as little as a few months to settle, but more complex cases can take much longer. If a case requires a lengthier, more in-depth investigation, then it can extend the timeline of the case. The more that you procrastinate, the less time that a lawyer may have to get you the information and results that you want to get.
When should I take legal action?
It can be challenging to know when it is the time to consult a lawyer for your dilemma. However, it is better to see a lawyer to discuss your case earlier than later. The best time to take legal action and inquire about the process for starting a wrongful death claim is as soon as you are interested. If you wait too long to speak to a lawyer who may have the solutions for your issues, it may be too late. For more information about getting legal services, request a consultation with a qualified wrongful death lawyer that many clients have relied on for quality legal assistance.
July 15, 2020
Pedestrian Accidents
Pedestrian Accident Lawyer Florida
According to national statistics, approximately 6,000 pedestrians are killed after being struck by a car or other vehicle. Thousands more are left seriously injured. Florida law allows pedestrian accident victims to pursue damages against the party who hit them if it can be proven that it was the driver’s fault. A pedestrian accident lawyer Florida clients recommend can help victims obtain the financial compensation they deserve. The following are some of the most common causes of these terrible accidents.
Distracted Driving
One of the most common causes of pedestrian accidents is distracted driving. Far too many drivers still engage in the use of their cell phones, texting, checking social media, etc., while they are behind the wheel of their vehicles, despite all the public education about how dangerous that is. The result is that a driver looking at their cell phone may not see the pedestrian who is legally crossing in the crosswalk and the result of that act can be horrific.
Unfortunately, distracted walking is also on the rise, with pedestrians looking at their phones instead of where they are walking. This has also caused an increase in pedestrian accidents.
Alcohol
Alcohol is another common cause of pedestrian accidents, responsible for more than 10 percent of all pedestrian accident fatalities. A driver who is under the influence of alcohol is putting themselves and everyone they share the road with in danger. Alcohol slows the reflexes and interferes with coordination and vision. This means that the risk of a driver who is under the influence of alcohol of not seeing a pedestrian or not being able to respond quickly enough to a pedestrian in a crosswalk rises significantly compared to a sober driver.
Speeding
Not only does is speeding a common cause of pedestrian accidents, but it also results in more severe injuries for the victim. The faster a vehicle is going, the more horrific the impact will be when that vehicle plows into a pedestrian. This also means that there is a higher rate of pedestrians who die because their injuries are so catastrophic, they are unable to survive. A Florida pedestrian accident lawyer can also pursue a wrongful death lawsuit against the driver on behalf of the victim’s family in these cases.
There are other factors in pedestrian accidents that could help serve as a reminder to anyone who is walking to be aware of. For example, crossing at a crosswalk when they have the right of way, crossing in an area where there is ample lighting at night so drivers can see them, and wearing reflective clothing and/or carrying a flashlight can help minimize the risk of being struck. In the event a pedestrian is hit even after taking these precautions, their Florida pedestrian accident lawyer will have a stronger chance of winning against the at-fault driver in a lawsuit because it will be harder for the driver’s insurance company to blame the pedestrian for the accident.
If a car, truck, or another motor vehicle hits a pedestrian, the consequences can be serious and life-changing. It is not unusual for a victim of a pedestrian accident to suffer disfigurement, significant scarring, and permanent injuries. Because of the significant difference in size and weight, even being hit by a slow-moving vehicle can leave a victim facing a long road to recovery.
An experienced personal injury lawyer at Tuttle Larsen, P.A., can help victims and their families pursue justice after pedestrian accidents. We work to recover compensation that can help pay for medical expenses, lost wages, and cover other expenses during the time you are recovering and are not able to work.
Get the Justice You and Your Family Deserve
If you were injured in a pedestrian accident, or if someone you care about was injured or killed after being struck by a motor vehicle, Tuttle Larsen, P.A., may be able to help. To learn more and to schedule a free initial consultation with an experienced and knowledgeable Florida pedestrian accident lawyer, contact us online today or call our Vero Beach office.
Types of Injuries From a Pedestrian Accident
As a Florida pedestrian accident lawyer from Tuttle Larsen, P.A. understands, pedestrian accidents can be devastating, and they often result in severe injuries. Here are some common types of injuries that pedestrians can sustain in an accident:
- Traumatic Brain Injuries. Pedestrians who are hit by a car can suffer traumatic brain injuries (TBI) from the impact. TBIs can range from mild concussions to severe brain damage, and they can have long-lasting effects on a person’s physical and cognitive abilities.
- Spinal Cord Injuries. Pedestrians can also suffer spinal cord injuries from the impact of a car. Spinal cord injuries can cause paralysis, loss of sensation, and chronic pain. These injuries can have a significant impact on a person’s quality of life and require extensive medical treatment.
- Broken Bones. Pedestrians can suffer broken bones in a variety of areas, including the arms, legs, ribs, and hips. These injuries can be painful and require immobilization, physical therapy, or even surgery to heal properly.
- Soft Tissue Injuries. Pedestrians can also suffer soft tissue injuries, such as bruises, cuts, and sprains. These injuries can be minor or severe, depending on the impact of the accident. Soft tissue injuries can cause pain, swelling, and restricted mobility.
- Internal Injuries. Pedestrians can also suffer internal injuries, such as organ damage, internal bleeding, and punctured lungs. These injuries may not be immediately apparent, and they require immediate medical attention.
- Emotional Trauma. Pedestrian accidents can also cause emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD). These injuries can have long-lasting effects on a person’s mental health and require therapy or counseling to address.
- Death. In the most severe cases, pedestrian accidents can result in death. These tragic accidents can leave families devastated and in need of legal support to seek justice for their loved ones through a wrongful death claim.
As a Florida pedestrian accident lawyer knows, the severity of injuries sustained in a pedestrian accident can depend on several factors, including the speed and size of the vehicle, the angle of impact, and the age and health of the pedestrian. Additionally, pedestrian accidents can have long-term effects on a person’s ability to work, participate in daily activities, and enjoy life. Seeking legal guidance and support after a pedestrian accident can help ensure that you receive the compensation you need to recover and move forward with your life. Don’t hesitate to seek help if you have been involved in a pedestrian accident.
Get Legal Help from Tuttle Larsen, P.A. Now
Pedestrian accidents can result in a wide range of injuries, from minor cuts and bruises to life-changing disabilities and even death. If you have been involved in a pedestrian accident, seek medical attention immediately, document the accident, and contact an experienced lawyer. A personal injury lawyer can help you navigate the legal process and ensure that you receive the compensation you deserve for your injuries and damages. Remember to take care of your physical and emotional health, and don’t hesitate to seek legal guidance and support in the aftermath of a pedestrian accident. Call Tuttle Larsen, P.A. to speak with a Florida pedestrian accident lawyer now.
July 15, 2020
Slip-And-Fall Accidents
Slip and Fall Accident Lawyer Florida
As their name implies, a slip-and-fall accident occurs when someone slips, trips, or falls and suffers an injury. These accidents are sometimes treated dismissively, as if they are not capable of causing serious injuries, but falls are one of the leading causes of injury and death in the U.S., and when they result from negligence, a slip and fall accident lawyer Florida clients recommend at Tuttle Larsen, P.A., work aggressively to hold those negligent parties accountable.
Who is responsible when someone falls at a business?
When you are injured in a slip and fall or trip and fall accident, a property owner is only responsible under Florida law if the injured party can prove that the property owner was negligent. Generally, the injured party must prove that there was a dangerous condition that caused the fall and that the property owner knew or should have known about the dangerous condition prior to the fall.
What are the common causes of slip and fall and trip and fall accidents?
Slip and fall accidents are often caused by liquid on the floor of a business. It can be very difficult for a customer to detect the presence of a clear liquid on the floor of a store. Trip and fall accidents are often caused by uneven or poorly maintained walkways. After these incidents occur, business owners often try to blame the injured party.
What should I do immediately after a slip and fall or trip and fall accident?
You should take photos of the dangerous condition that caused you to fall. Once a spill is cleaned, defendants will often try to deny that a dangerous condition ever existed. Also, it is important to get the names of witnesses. Many clients tell us that other customers came to their aid after a fall and that the other customers commented about the dangerous condition. Do not count on the store to get the names of these witnesses.
How long do I have to pursue a slip and fall claim?
Generally, the statute of limitation in Florida for a slip and fall case is four years. That means that a lawsuit must be filed within four years of the date of the accident or you will lose the right to seek compensation. If the defendant is a government entity, there is an additional requirement that the injured party put the government entity on notice of the claim within three years.
Steps to Take After a Slip and Fall Accident
A Florida slip and fall accident lawyer knows that there are many incidents that can result in a slip and fall accident where the victim ends up injured. While some fall injuries are relatively minor and only need a short recovery time, there are many victims who suffer serious injuries requiring surgeries, hospitalizations, and long-term rehabilitation. These situations can leave the victim unable to work or even enjoy day-to-day life because of the pain and suffering they are dealing with. If the fall was caused by another party’s negligence, then a slip and fall lawyer Florida clients trust can help the victim pursue damages in a premises liability claim. Victims of slip and fall accidents should do the following:
Seek Out Medical Attention Right Away
Whether it is at the emergency room or an appointment with your primary doctor, it is important to get medically evaluated immediately following the fall in order to evaluate any injuries you may have sustained and begin treatment. Even the healthiest of victims can sustain serious injuries in a fall that can end up causing long-term damage. Some of these injuries do not always present symptoms right away, but failure to diagnose right away can be dangerous for the victim. Injuries to the brain, spine, or internal organs can be fatal or leave the victim with permanent damage if left untreated.
It is also important to have your injuries medically documented in order to prove that you did suffer injuries in the fall if you decide to pursue a premises liability lawsuit in the future.
Report the Fall to the Owner or Manager of the Property
Florida law requires property owners to keep their properties free of any unreasonable hazards. While an owner cannot prevent every injury, they do have a legal duty to prevent accidents that are completely avoidable. If you are injured in a fall, make sure you let the owner of the property know. If the property is a business and you aren’t sure who the owner is, report the accident to whoever the manager or the person in charge is.
Document All Evidence
Your Florida slip and fall accident lawyer will use all available evidence to help prove that your fall and subsequent injuries were a result of negligence of the property owner. If you are able, take photos of the hazardous condition that caused you to slip and fall. If there were any witnesses to the accident, make sure to take down their names and contact information. It is also a good idea to write down the sequences of events as soon as possible while the event is still fresh in your memory.
Contact Us Today If You Have Injuries
If you were injured in a store, restaurant, or another business, our lawyers can help. Call Tuttle Larsen, P.A. to make an appointment with a Florida slip and fall lawyer accident and find out how we can help.
July 15, 2020
Dog Bites
Dog Bite Lawyer Florida
According to statistics from the Centers for Disease Control and Prevention (CDC), there are approximately 4.7 million people bitten by dogs in the United States each year. This comes out to one in 70 people who become victims of dog bites each year. If you have suffered a dog bite or attack, contact a dog bite lawyer Florida families trust from Tuttle Larsen, P.A. to find out what legal recourse you may have for the losses your injuries have caused.
Although it is rare that dog bites result in the victim’s death, many of these attacks do result in serious to severe injuries. National statistics show that more than 800,000 dog bites result in the victim being hospitalized every year. Even though most dogs are lovable and friendly animals, a dog that is triggered or provoked can very quickly become a dangerous one. The following are some of the more serious injuries dog bite victims can suffer.
Injuries of the Victim’s Face
Dog bites to the face can be devastating for the victim because of the permanent damage and scarring these bites can leave. In addition, bite injuries to the victim’s mouth area can have a significant impact on their ability to speak or eat. If the dog bites or claws at the victim’s eyes, they can suffer blindness. Dog bites or mauling to the face often require extensive reconstructive surgery. The cost of these surgeries is often substantial and should be included in any dog bite lawsuit settlement or award the victim files.
Injuries to the Victim’s Limbs
Many dog bite injuries are to a victim’s arms or legs. Legs are especially vulnerable because an attacking dog has immediate access to the legs. Hands and arms are often bitten if the victim is attempting to pat the dog when the attack occurs. They may also be injured if the victim uses their hands or arms to protect themselves against the attack. Dog bite injuries to limbs can cause nerve damage which can end up being permanent. There is also a high risk of infections, including Pasteurella, MRSA, or rabies that can put the victim’s health at serious risk.
Injuries to the Victim’s Neck
Children are often the victims of dog attacks and because of their size, injuries and bites are usually to their head and neck area. Dog bites to the neck can be fatal because of the risk of he excessive trauma and hemorrhaging. Children who do survive these kinds of attacks often suffer significant and permanent nerve damage, including permanent damage to vocal cords, leaving the child unable to speak.
What Florida Law Says About Dog Bite Accidents
When bitten by a dog, Florida law states the victim may be entitled to compensation. This is true even if the victim was somehow negligent and contributed to the bite. However, their carelessness or negligence will lower the dog owner’s liability.
If a dog bite occurs on the owner’s property, the owner will generally be found liable unless the owner had an easily readable sign displayed in a prominent place that included the words, “Bad Dog.” However, there are exceptions to this. If the victim was under the age of six, or if a dog bites a victim of any age and the injury was caused by the dog owner’s negligence, having such a sign displayed will not shield the dog owner from liability for injuries their dog causes.
How Our Lawyers Can Help with Your Dog Bite Case
Hiring an attorney to represent you in a dog bite action means you have an advocate on your side, helping to make sure the dog’s owner is held accountable. The dog’s owner, or his or her insurance company, may offer you money as compensation after a dog bite injury. Have an attorney review your case before you accept such a settlement. An experienced personal injury attorney can provide an objective evaluation of the case and offered settlement amount, making sure you receive fair compensation.
Tuttle Larsen, P.A., Has the Knowledge And Experience You Need
Dog bites can cause serious injury to a person. If you or someone you love was injured because of a dog bite, it is important to understand that you have rights under Florida law. When you choose to work with Tuttle Larsen, P.A., you can have the confidence and peace of mind that comes from knowing your attorney is compassionate and fair but isn’t afraid to be aggressive about fighting for your rights. We work hard to help injured people get justice.
Each Florida dog bite lawyer at Tuttle Larsen, P.A., has successfully helped many victims of dog bite injuries recover the compensation they are owed. To learn more about dog bite cases, call us or contact us online today to schedule a free initial case evaluation in our Vero Beach office.
Steps After a Dog Bite
If you live in Florida and have been bitten by a dog, a Florida dog bite accident lawyer knows that it is essential to understand what actions you should take to protect your legal rights and ensure your safety. Tuttle Larsen, P.A. has compiled some important steps to follow after a dog bite from a legal perspective:
- Seek Medical Attention Immediately. If you have been bitten by a dog, your first priority should be seeking medical attention. Even if the wound seems minor, it is essential to get a professional evaluation to assess the severity of the injury and prevent any potential infections.
- Identify the Dog and Its Owner. Try to identify the dog that bit you and its owner. If you don’t know the owner, try to get a description of them or the location where the dog was found. Knowing the identity of the dog and its owner will help you in case you need to file a claim or lawsuit against them.
- Document the Incident. Documenting the incident is crucial for your case. Take photographs of your injuries and the location where the dog bite occurred. If there are witnesses, get their contact information and ask them to provide a written statement detailing what they saw.
- Contact the Authorities. Report the dog bite to your local animal control agency or police department. The authorities will investigate the incident and ensure that the dog is properly quarantined and checked for rabies.
- Preserve Evidence. Preserving evidence is essential for your case. Keep all the documentation you have gathered in a safe place and do not tamper with any evidence. If you have torn or bloody clothing, do not wash or throw it away, as it can be used as evidence.
- Contact a Lawyer. Contact a Florida dog bite accident lawyer experienced in dog bite cases to protect your legal rights and maximize your compensation. An experienced attorney will help you navigate the legal process and ensure that you receive the best possible outcome.
- File a Claim or Lawsuit. If you have sustained injuries from a dog bite, you may be entitled to compensation. A personal injury lawyer can help you file a claim or lawsuit against the dog owner to recover damages for your medical expenses, lost wages, pain, and suffering.
- Follow Up with Medical Treatment. Continue to follow up with your medical treatment until you have fully recovered from your injuries. Your medical records will serve as critical evidence in your case and will help you obtain the compensation you deserve.
- Be Patient. The legal process can be lengthy, so it is essential to be patient and trust in your legal team. An experienced personal injury lawyer will work diligently to ensure that you receive the best possible outcome for your case.
If you have been bitten by a dog in Florida, follow these steps to protect your legal rights and ensure your safety. Remember that documenting the incident, seeking medical attention, and contacting a lawyer are essential steps to take to maximize your compensation and hold the dog owner responsible for their actions. Reach out to Tuttle Larsen, P.A. to speak with our Florida dog bite accident lawyer now.
Frequently Asked Questions About Dog Bite Cases – Answered
Dog bite incidents can often lead to complex legal cases, and our Vero Beach, FL dog bite accident lawyers will explain that they will involve complex elements such as liability, negligence, and potentially significant personal injury. Navigating the legal landscape following a dog bite incident can be overwhelming for both the victims and the dog owners as they grapple with the potential legal, financial, and emotional implications. Our Tuttle Larsen, P.A. has addressed five essential questions surrounding legal cases involving dog bite accidents, aiming to clarify some common concerns and misconceptions.
Who is legally responsible for a dog bite?
Generally, the dog’s owner is primarily held responsible for a dog bite. The legal basis for this falls under the principle of ‘strict liability,’ which holds owners accountable for their pet’s actions, irrespective of whether they were negligent or had prior knowledge of the dog’s propensity for aggression. However, the application of strict liability can vary based on jurisdiction and specific state laws. Some jurisdictions might follow the ‘one bite rule,’ holding the owner liable only if they had prior knowledge of their dog’s aggressive behavior.
What defenses can dog owners use in a dog bite case?
There are a few commonly used defenses in dog bite cases. These include provocation, trespassing, and contributory negligence. Provocation refers to the victim inciting the dog to bite them through their actions. If the victim was trespassing or unlawfully on the owner’s property when bitten, this could also provide a defense. Contributory negligence involves situations where the victim’s careless behavior contributed to the incident.
Can a victim sue for damages following a dog bite?
Our Vero Beach dog bite accident lawyers will tell victims that it is possible to sue for damages following a dog bit. They may seek compensation for medical expenses, lost wages due to inability to work, property damage, and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. The success of such a lawsuit and the amount of potential compensation depends on the case’s circumstances and the jurisdiction’s specific laws.
What if a dog bites someone while under the care of a dog sitter or walker?
In cases where a dog bites someone while under the care of a dog sitter or walker, the legal responsibility can become complex. Depending on the jurisdiction, the dog’s owner may still be held responsible. However, if it can be proven that the sitter or walker was negligent in their care, leading to the bite, they could potentially share some liability.
Can homeowners’ or renters’ insurance cover dog bite liability?
Many homeowners’ or renters’ insurance policies cover liabilities arising from dog bites. However, this varies based on the specific policy, and some insurance companies may exclude certain breeds considered high-risk. Owners should review their insurance policy or consult with their insurance agent to ensure adequate coverage.
Dog bite legal cases can be multifaceted, involving various factors such as the strict liability principle, potential defenses, damages claims, the role of caregivers, and insurance coverage. Both victims and dog owners should understand these aspects to navigate the aftermath of a dog bite incident effectively. Consulting with our Vero Beach dog bite accident lawyers can be highly beneficial in understanding individual rights and responsibilities in specific circumstances, to learn more, contact Tuttle Larsen, P.A.
July 15, 2020
Premises Liability
Negligence Standards For Premises Liability Cases
“Premises liability” is the legal name for the concept that landowners have a duty to others to prevent unreasonable harm when they visit a property. It is often used when someone is hurt or injured in a number of scenarios. For instance, if you were injured by another patron at a bar who had become aggressive, you may have a premises liability claim against the bar.
Buildings are supposed to be kept in a safe condition, so if you fell because a stair railing broke, that would likely be premises liability. Slip-and-fall cases, like those involving spills in a store, are also a type of premises liability matter.
These claims are often difficult and complex. There are different legal standards for different individuals. If you visit a store, restaurant or other places of business, you are a business invitee, and the property owner has a duty to prevent accidents from leaving invitees injured.
If you are a “licensee” who is invited explicitly or impliedly, the property should be safe, or the owner should warn of hazards. A “trespasser” is one who typically has no right to be on the land. Trespassers are owed the lowest duty of care.
Preserve Evidence And Identify Witnesses
Other issues involve collecting and preserving evidence. If you attacked in a bar, you will need witnesses and a strong case that you were not the instigator of the fight. Cases with children are also complex, as even if they were trespassing, landowners may still owe them a higher duty. Dog bite injury cases are complex cases as well.
At Tuttle Larsen, P.A., our lawyers can help you with any matters involving questions of premises liability. We can explain the law in Florida, discuss the facts of your case, your injuries and help determine if they present a viable circumstance of negligence on the part of the property owner.
Frequently Asked Questions About Premises Liability
Who is responsible when someone falls at a business?
When you are injured in slip and fall or trip and fall accident, a property owner is only responsible under Florida law if the injured party can prove that the property owner was negligent. Generally, the injured party must prove that there was a dangerous condition that caused the fall and that the property owner knew or should have known about the dangerous condition prior to the fall.
What are the common causes of slip and fall and trip and fall accidents?
Slip and fall accidents are often caused by liquid on the floor of a business. It can be very difficult for a customer to detect the presence of a clear liquid on the floor of a store. Trip and fall accidents are often caused by uneven or poorly maintained walkways. After these incidents occur, business owners often try to blame the injured party.
What should I do immediately after a slip and fall or trip and fall accident?
You should take photos of the dangerous condition that caused you to fall. Once a spill is cleaned, defendants will often try to deny that a dangerous condition ever existed. Also, it is important to get the names of witnesses. Many clients tell us that other customers came to their aid after a fall and that the other customers commented about the dangerous condition. Do not count on the store to get the names of these witnesses.
How long do I have to pursue a slip and fall claim?
Generally, the statute of limitation in Florida for a slip and fall case is four years. That means that a lawsuit must be filed within four years of the date of the accident or you will lose the right to seek compensation. If the defendant is a government entity, there is an additional requirement that the injured party put the government entity on notice of the claim within three years.
Contact Us Today If You Have Injuries
If you were injured in a store, restaurant or another business, our lawyers can help. Call our Vero Beach office to make an appointment at 772-571-4441 or use our online contact form.
Premises Liability Claim Steps
As a premises liability lawyer from Tuttle Larsen, P.A. knows, premises liability claims in Florida are legal cases that involve injuries or damages that occurred on someone’s property within the state. If you have been injured on someone else’s property in Florida, you may be able to file a premises liability claim to recover compensation for your injuries and damages. Here are some important steps to take if you believe you have a premises liability claim in Florida:
- Determine the Type of Premises Liability Claim. There are several types of premises liability claims in Florida, including slip and fall accidents, dog bites, and negligent security. Determining the type of claim will help you understand the legal process and build a strong case.
- Document the Incident. Documenting the incident is crucial for your case. Take photographs of the location where the injury occurred, including any hazards or dangerous conditions that may have caused the injury. If there are witnesses, get their contact information and ask them to provide a written statement detailing what they saw.
- Seek Medical Attention. Seeking medical attention after an injury is essential for your health and your legal case in Florida. Even if the injury seems minor, it is important to get a professional evaluation to assess the severity of the injury and prevent any potential infections.
- Notify the Property Owner. Notify the property owner of the injury as soon as possible. This will help establish a record of the incident and ensure that the property owner takes steps to address any hazards or dangerous conditions on their property.
- Contact a Premises Liability Lawyer. Contact a lawyer experienced in premises A seasoned lawyer will help you navigate the legal process in Florida and ensure that you receive the best possible outcome.
- Gather Evidence. Gather any evidence related to the incident, including medical records, witness statements, and any other documentation that supports your claim. This evidence will be critical in building a strong case and maximizing your compensation.
- File a Claim. If you have sustained injuries from a premises liability incident in Florida, you may be entitled to compensation. A personal injury lawyer can help you file a claim against the property owner to recover damages for your medical expenses, lost wages, pain, and suffering.
- Negotiate a Settlement. In many cases, premises liability claims are settled out of court through negotiation with the property owner’s insurance company. A lawyer can help you negotiate a settlement that provides fair compensation for your injuries and damages.
Reach Out To Our Law Office Now
If you have been injured on someone else’s property in Florida, following these steps can help protect your legal rights and ensure that you receive fair compensation for your injuries and damages. Remember to document the incident, seek medical attention, notify the property owner, and contact an experienced lawyer in Florida. By taking these steps, you can navigate the premises liability claims process with confidence and ease. To see what a lawyer can do for you, reach out to Tuttle Larsen, P.A. to schedule a consultation with our premises liability lawyer now.
July 15, 2020
Motorcycle Accidents
When You’re Injured In A Motorcycle Accident
Americans love motorcycles and enjoy the many pleasures of motorcycle riding. For many people, motorcycles represent freedom, low-cost transportation, and comradery. Most motorcyclists understand the risks associated with motorcycle riding and are very safety conscious. Unfortunately, too many motorists fail to be attentive to motorcyclists. Even worse, some motorists are disdainful of motorcyclists and drive aggressively near motorcycles.
The results of a motorcycle accident can be tragic. With little to protect the motorcyclist, an inattentive motorist can cause serious harm when a vehicle collides with a motorcycle. Despite efforts to promote motorist awareness of motorcycles, approximately 5,000 motorcyclists are killed in crashes each year. According to the National Highway Traffic Safety Administration, motorcyclists are 27 times more likely than passenger car occupants to die in a crash on a per mile traveled basis. Southern states have the highest motorcycle fatality rates per 100,000 registered motorcycles, likely due to the fact that better weather promotes more riding.
The most common causes of motorcycle accidents include motorists making left turns in front of motorcycle; sudden stops; motorists making lane changes into a motorcycle’s path; and dangerous road conditions. Motorcyclists are occasionally responsible for causing accidents. Speeding, driving under the influence, lane splitting, and inexperienced drivers are the leading causes of crashes that are the motorcyclist’s fault. One third of motorcyclists who are killed in crashes have a blood alcohol level of 0.08 or more. Forty percent of motorcycle fatalities are motorcycle-only crashes and do not involve another vehicle.
Road rash injuries are a common result of motorcycle accidents, especially in warm climates where many motorcyclists refrain from wearing protective equipment. Road rash injuries can be very severe, occasionally requiring skin grafting. Helmets, jackets, pants, gloves, and boots can prevent road rash injuries.
The National Highway Traffic Safety Administration estimates that motorcycle helmets are 37% effective in preventing fatal injuries to motorcycle riders. According to NHTSA surveys, only 71% of motorcycle riders wear helmets. The NHTSA estimates that 750 lives per year could be saved if all motorcyclist wore helmets. In Florida, motorcyclists under the age of 21 are required to wear a helmet.
Motorcycle insurance is not required in Florida, with some exceptions. Florida law requires riders who have caused crashes and been charged with certain motor vehicle violations to purchase and keep bodily injury and property damage liability coverage for three years. Also, motorcyclists above the age of 21 who want to ride without a helmet are required to carry $10,000 of medical payments coverage.
To drive a 50cc or more motorcycle or three-wheeled vehicle in Florida, you must have a motorcycle endorsement on your driver’s license. To get a motorcycle endorsement, you must be at least 16 years of age; have at least a Class E driver’s license; complete a 15-hour basic motorcycle rider course; pass vision and hearing tests; and pass a driving test on your motorcycle.
The attorneys at Tuttle Larsen, P.A. have experience representing motorcyclists who have been injured in crashes caused by inattentive, negligent, and aggressive drivers. If you have been injured in a motorcycle accident, we can get you compensation for your medical expenses, lost wages, pain and suffering, and the property damage to your motorcycle.
Legal Help For Your Accident
The personal injury lawyers of Tuttle Larsen, P.A., are proud to serve victims suffering from personal injuries in Indian River, Brevard, and St. Lucie counties. Call us today at 772-563-0032 or fill out our quick contact web form to schedule your initial free consultation.
We never forget that real people and communities are behind every case.
Serving injured individuals and families in Vero Beach, Fellsmere, Fort Pierce, Palm Bay, and Melbourne.
Road Safety Tips for Motorcyclists
Motorcycles are one of the most exciting modes of transportation for some people according to a motorcycle accidents lawyer. They offer a feeling of freedom and adventure that cars can’t match. However, with that freedom comes an increased risk of accidents. In fact, motorcyclists are 27 times more likely to die in a crash than those driving cars. Knowing how to protect yourself on the road is paramount to being a responsible motorcyclist. Here are some tips to keep you safe while enjoying the open road; if you get into an accident, contact Tuttle Larsen, P.A. for help.
Always wear protective gear
As a motorcycle enthusiast, you should never hit the road without the appropriate gear. The equipment you need includes – helmet, boots, gloves, jacket, and pants. They help protect your body if you fall and slide along rough surfaces like asphalt. Choose brightly colored clothing that offers increased visibility to other motorists. In addition, opt for a helmet that offers a good fit and meets safety requirements.
Maintain Your Motorcycle
Ensure that your motorcycle is in good condition. This means checking the tires, brakes, and other critical parts that require regular maintenance. Don’t forget to adjust your mirrors and ensure that your headlights and signals are functioning correctly. A well-maintained motorcycle enhances road safety by preventing breakdowns and making your vehicle more predictable.
Observe Traffic Rules
As a motorcyclist, it’s essential to observe traffic laws and regulations. Ensure you always follow the speed limit, respect traffic lights, and signs. This will not only keep you safe but also other road users. At intersections, approach from a safer distance and use signals to indicate the direction you’re headed as a motorcycle accidents lawyer will advise you.
Always Be Alert
Being a vigilant road user is critical for any motorcyclist. Keep an eye on your surroundings and always anticipate possible hazards on the road. This could be fellow motorists, debris, or animals that may cross your path.
Take a Motorcycle Safety Course
Taking a motorcycle safety course is an excellent way to learn and practice safe riding techniques. These courses offer invaluable advice and practical tips that cover motorcycle safety. Some places even offer advanced courses that include things like collision avoidance and braking techniques. A safety course will expose you to all kinds of riding situations, making you a safer motorcyclist.
In conclusion, motorcycling is an exciting adventure and an excellent way to see the world. However, it can be dangerous if proper safety measures are not followed. By following these tips, you’ll significantly reduce your risk of accidents and enjoy your time on the road. Motorcycling can be fun and comfortable, but nothing compares to staying safe on two wheels. If you do get into an accident, contact a motorcycle accidents lawyer at Tuttle Larsen, P.A. for help.
Understand More About Your Legal Rights After a Motorcycle Accident
At Tuttle Larsen, P.A., our motorcycle accident lawyer knows that if you have been involved in a motorcycle accident in Florida, it is crucial to understand your legal rights and options. Especially in circumstances where you are hoping to file a claim following a motorcycle accident, it is crucial you get the medical and legal help you need for recovery and for your case.
What should I do if I have been involved in a motorcycle accident in Florida?
If you have been involved in a motorcycle accident in Florida, you should seek medical attention immediately. Once you have received medical attention, you should gather as much evidence as possible, including photos of the accident scene, statements from witnesses, and the contact information of the other driver. You should also report the accident to your insurance company and contact an experienced motorcycle accident lawyer.
Who can be held responsible for a motorcycle accident in Florida?
In Florida, fault in a motorcycle accident is determined based on comparative negligence. This means that each party involved in the accident can be held responsible for a percentage of the damages. The responsible parties could include the other driver, the motorcycle manufacturer, or a government entity responsible for road maintenance.
What damages can I recover after a motorcycle accident in Florida?
If you have been involved in a motorcycle accident in Florida, you may be entitled to compensation for damages, including medical expenses, lost wages, pain and suffering, and property damage. Your personal injury lawyer can help you determine the damages you are entitled to and negotiate with the insurance company on your behalf.
Do I have to wear a helmet while riding a motorcycle in Florida?
Florida law requires all riders under the age of 21 to wear a helmet while operating a motorcycle. Riders over the age of 21 are not required to wear a helmet if they have at least $10,000 in medical insurance coverage. However, even if you are not required to wear a helmet, wearing one can significantly reduce the risk of head injuries in the event of an accident.
How long do I have to file a lawsuit after a motorcycle accident in Florida?
In Florida, the statute of limitations for personal injury cases is four years from the date of the accident. However, it is essential to speak with a personal injury lawyer as soon as possible after the accident to ensure that you meet all legal deadlines and have the best possible chance of recovering the compensation you deserve.
Additionally, it is important to remember that motorcycle accidents can have long-term physical, emotional, and financial effects. Working with a personal injury lawyer can help ensure that you receive the necessary medical care and compensation to fully recover from your injuries and move forward with your life. Don’t hesitate to seek legal guidance and support after a motorcycle accident in Florida.
Get Help From a Trusted Lawyer Today
If you have been involved in a motorcycle accident in Florida, it is essential to seek medical attention, gather evidence, and contact a seasoned personal injury lawyer. Understanding your legal rights and options can help you recover the compensation you deserve and hold the responsible parties accountable for their actions. Contact Tuttle Larsen, P.A. to speak with our motorcycle accident lawyer now.
July 15, 2020
Car Accidents
No One Plans For A Car Accident
Whether you are visiting Vero Beach or are a lifelong resident of Indian River County, no one gets into their car expecting to be involved in a collision or crash. An accident involving a vehicle can leave you with severe injuries, and you may be confused about how to proceed.
Our attorneys at Tuttle Larsen, P.A., can help. We have helped hundreds of injured people recover compensation after they have been hurt by another driver’s negligence.
You Need An Experienced Guide
After a crash, your first priority is to have your medical needs attended to, both to protect your health and document your condition after the crash. If possible, you should collect any and all evidence from the scene of the crash, including photos of the vehicles, their damage and positioning on the road.
Photos of the condition of the road, and any obstructions, like large trucks, trees, signs or buildings, are also valuable. If possible, you should obtain a copy of the police report, and all contact and insurance information from the others involved.
Preparation Necessary For Successful Claims
Motor vehicle accident cases can be complex. The earlier you speak with an attorney, the stronger the case we can build. If you have been injured, the injuries could affect you for the rest of your life. There are deadlines for filing that can bar your claim if they are missed.
When you interact with insurance companies, you’re dealing with professionals who work with these claims every day. It’s important to keep in mind that much of their job is to minimize or deny your claim. The attorneys at Tuttle Larsen, P.A. can step in and handle all interactions with the insurance company, strongly make your case, and ensure that your rights are protected.
Our lawyers are experienced in these cases. We know how to build a compelling case from the evidence. We can help you document your injuries and your medical care, as well as see that your claims are filed correctly and on time. If you were injured in car or motor vehicle crash, our lawyers can help. Call our Vero Beach office to make an appointment at 772-571-4441 or use our online contact form.
Car Accident Lawyer Florida
According to statistics from the Centers for Disease Control and Prevention (CDC), each year, there are almost 3 million people who sustain serious enough car accident injuries that they end up at emergency rooms. According to the Florida Highway Safety and Motor Vehicles Department, about 200,000 of those crashes occur right here in the state of Florida. If you have been injured in an accident caused by another driver, contact a car accident lawyer Florida victims recommend from Tuttle Larsen, P.A. to find out what type of financial compensation you may be entitled to.
The Cost of Car Accident Injuries
Even with all the safety systems and seat belts that are available to vehicle occupants, car accident victims still sustain serious to severe injuries. In addition to the physical and emotional impacts vehicle accidents can have on a victim, there are often financial impacts, as well. Car accident victims can find themselves with a pile of medical bills for the treatment they need for their injuries and lost wages from being unable to work while they recover. It is estimated that each year, car accident victims face about $18 billion in medical bills as they lose approximately $33 billion in lost wages.
These staggering figures are why every state has laws that allow car accident victims to pursue damages against those responsible for the accident and their injuries. A Florida car accident lawyer can help victims obtain compensation for all of their medical expenses and loss of income, as well as compensation for pain and suffering, mental anguish, permanent disability, and other losses their injuries have caused.
Common Car Accident Injuries
While there are a variety of injuries that a car accident victim can suffer, the following are some of the most common – and, potentially, some of the most serious:
- Brain injuries: More than half of all brain injuries that occur each year in the U.S. are caused by car accidents. Brain injuries sustained in car accidents can range from concussions to skull fractures. Depending on the severity of the injury, the victim can be left with permanent brain damage, resulting in a dramatic impact on their quality of life.
- Chest injuries: Drivers of vehicles are especially susceptible to chest injuries because of the tiny space between the steering wheel and the driver’s chest. Even with airbags, the impact can be severe, especially if either or both of the vehicles were traveling at high speeds. Victims can suffer bruising, fractured ribs, punctured lungs, and internal bleeding.
- Spinal cord injuries: Even an apparent minor fender bender can cause injury to the spine. The most frequent spinal injury car accident victims sustain is whiplash, but fractures are also a somewhat common spinal injury. If a spinal injury is severe enough, the victim can be left permanently paralyzed.
Let Our Personal Injury Firm Help
If you have been injured in a car accident, contact Tuttle Larsen, P.A. to schedule a free and confidential consultation with a Florida car accident lawyer to find out what your legal options may be.