How to Sue a Store for Injury?

Personal injury law alludes to the legal remedies and defenses involved in civil suits brought due to illegal behavior. A personal injury case involves a private plaintiff pursuing compensation, typically money, for the harm brought about by the actions of the defendant. Many personal injury cases are founded on the negligence doctrine. Essentially, negligence demands that each member of society to act sensibly and prevent putting other people at risk. The doctrine acknowledges that a few accidents are inevitable. To prove liability, the plaintiff must establish that a sensibly practical individual in the position of the defendant would have behaved in a different way under the circumstances. Types of negligence consist of drunk driving accidents, medical malpractice, and dog attack. In every case, the accountable party disregarded the risk posed to other people, resulting in the plaintiff’s injury. When negligence has been proven in a personal injury case, the defendant must compensate the plaintiff for every injury brought about by the actions of the defendant. Specific kinds of damages are simple to compute like property damage and medical bills. For other kinds, like emotional anguish and loss of income ability, expert testimony might be needed. Punitive damages, intended to penalize and prevent specifically egregious behavior, might be available as well.

A personal injury can also be made if a person is wounded in a store due to the store’s negligence. Retailers confront liability every day. Customers normally slip and fall or come upon dangerous conditions in retail stores. Generally, a property owner or tenant has an obligation to keep its property in a practically safe condition. Retail stores can be held accountable if they create dangers, really know of a hazard and fail to get rid of it, or if they ought to know of a danger but fail to proceed to evade it. The third kind of situation can be difficult for plaintiff’s accident lawyer to establish. Many courts demand that wounded customers establish that the condition that brought about an injury persisted long enough that the store ought to have come across it and fixed it.

Frequent Types of Injuries Due to Negligence in a Store

There are several types of injuries that a customer could experience in a retail store. The National Retail Federation states that the most frequent are as follows:

  • Liquids spilled onto the floor and aisle impediments
  • Defective staircases, elevators, and escalators
  • Stock falling from shelves
  • Cuts from uneven shelves and showcases
  • Breakdowns of revolving and slamming doors
  • Inadequate lighting in parking lots
  • Falls due to a shopping cart tipping over
  • Overcrowding dangers, for example trampling

What a Person Should Do Following an Accident in a Store

An individual must take the following steps after any accident in a store, even though if he or she does not think he or she endured an injury. A few injuries might become noticeable sometime following the incident. Failing proceed appropriately the moment after the incident could hinder the person from getting compensation later.

  1. Tell a store worker: The store ought to write up an incident report to forward to their insurance company. If they do not proceed to file a report immediately, an individual must request that they do so and give him or her a copy. A person must not leave the store until he or she is pleased that the manager has assumed suitable actions to complete an incident report.
  2. Do not reassure witness and store workers you are alright: An individual might whish to tell everybody that he or she is alright and attempt to walk off the incident to evade attention. A person must evade doing this. If the individual says that he or she is alright and begins to feel extreme pain in his or her neck or back later, the store might claim the person was not hurt at its location.
  3. Obtain the names of witnesses and store workers working at the time: The person must request the names and contact information of anybody who saw the incident. In addition, he or she might wish to request a copy of workers who were working at the store that day.
  4. Photograph the scene and your injuries: If possible, if the individual can take some time to get out his or her cell phone or camera and take a few pictures or tape the scene, as well as any dangers he or she notice like unrestrained boxes above, a spill in the aisle, or faulty escalators.
  5. Seek medical attention: If needed, a person must request instant medical attention or phone emergency services. Despite how the individual feels, he or she must go to his or her doctor following the incident for a checkup: A person must talk about everything he or she remembers about the accident to assist his or her doctor in locating any underlying injuries.

 

Legal Solutions Available in a Store Suit

Store suits can entail a few severe injuries and much damage and losses for the customer. These kinds of suits will normally lead to a compensatory damages award which is given out to the wounded party if the store is discovered to be culpable. The damages can cover losses like the following:

  • Medical costs brought about by the store injury
  • Lost income because of missing work
  • Pain and suffering

If the safety matters are a frequent or continuing predicament, it is probable that the court may also give out other remedies to deal with those. For example, the court may give out an injunction or a court order demanding the location of business to repair hazardous conditions in the store or to better their safety policies.

Should A Person Get in Touch with a Lawyer?

If an individual has been wounded in a store, he or she ought to talk with a personal injury lawyer, as soon as possible. The person’s attorney could further advise him or her of his options and offer guidance as to his or her next steps. If the individual decides to go forward with his or her case, his or her lawyer will assist him or her in filing a lawsuit and stand for his or her best interests in court.

Can a Tenant Sue a Landlord for Injury?

Landlord-tenant laws govern rental property, such as business-related and domestic. It is comprised mainly of state statutes and common law. Numerous states have established their statutes on either the Uniform Domestic Landlord and Tenant Act (URLTA) or the Model Domestic Landlord-Tenant Code. Federal statutes might be further pertinent during moments of national/regional crises and in stopping types of bias.

The foundation of the legitimate affiliation between a landlord and tenant is based in both contract and property law. The tenant possesses a interest in the property in the land for a specified period prior to the interest in the property transferred back to the landlord. Although these four kinds of relationships are usually correct, they are made susceptible to state statutes, in addition to the authentic lease settled on by the landlord and the tenant. The tenancy length is usually categorized in one of four types: term of years tenancy, periodic tenancy, tenancy at will, and tenancy at sufferance.

A property owner owes an obligation to renters and other people who come onto their property. This differs with who comes in and why he or she enters the property. The most common individuals who come onto a landlord’s property are renters. This obligation demands landlords to ensure to inhibit injury to their tenants. Landlords always have at least some obligation to their tenants—an obligation to utilize or establish reasonable care so to avert injuries. Depending on the lease’s terms, the obligation can be made even more effective if the landlord willingly undertook specific maintenance or repair duties past the standard. Though, it is not a complete obligation—landlords do not sustain strict liability, which suggest that they are not deliberately responsible whenever a tenant is injured on the premises. Instead, whether the landlord satisfied their obligation is examined utilizing the negligence standard.

Proving Landlord Negligence

Landlord or property manager negligence is mainly described as a failure to perform timely inspections, repairs, or maintenance in a property and/or building. If a tenant can establish that a landlord or property manager deliberately failed to fulfill his or her rental agreement with his or her tenant, then that person may be liable of negligence. Although, being filing a suit for negligence is dependent on several aspects.

Elements of Negligence

  • Duty: All landlords and property managers have an obligation to keep a dwelling fit for human habitation and comfortable for their tenants. This part of a negligence claim is just the legal condition and conduct standard in safeguarding tenants from excessive risk of harm.
  • Breach of duty: This element occurs when the individual being taken to court breaches their duty. Regarding landlord negligence, a breach of duty would pertain to any contract or rent infringement. For instance, if a tenant grumbles about a leaking pipe under the sink, and the landlord or property manager has a duty according to the rental lease or contract to repair every leak, the leak needs to be repaired. If a landlord fails to do this, it is a breach of duty on the part of the landlord or property manager.
  • Causation: This is when a breach of duty on the landlord or property manager’s part brings about damage to either the tenant or his or her home/property. Regarding the previous example, if the landlord being brought to court for negligence fails to fix the leaking pipe, and the water from the leaking pipe then ruins the floors or other part of the tenant’s property, causation exists in the negligence suit.
  • Damages: This is a rather clear element of the suit but can sometimes be the most difficult to establish. This element entails whatever damages the plaintiff pursues against the landlord. Numerous kinds of damages include: compensatory, general, special, nominal, and punitive.

What a Landlord Could Do to Avoid a Negligence Suit

  • Property damage is not the only kind of damage that landlords can be brought to court for. If a landlord or property manager does not give an account of questionable activity to their tenants or the police or fails to fix outdoor lights or security features, that individual can possibly be brought to court for negligence—particularly if a burglary takes place.
  • Landlords and property managers always must verify that they possess insurance for their property. Not only does a landlord require homeowners’ insurance, but in a few instances he or she will also require landlords’ insurance. This individual must consult state and city laws on if two different policies are necessary.
  • A better way to avoid a negligence suit is to fix every tenant property complaint and/or dangerous conditions at the earliest opportunity and to make it a main concern to perform routine inspections. Landlords have an obligation and responsibility to their tenants to make sure that the property is habitable, secure, and danger-free.

Advantages of a Person Bringing His or Her Landlord to Court

  • Could Persuade a Landlord to Settle Outside of Court: If an individual notifies his or her landlord of his or her intent to bring him or her to court, this could persuade said landlord to do everything in his or her ability to prevent taking legal action. The landlord might accept settling with the person prior to the matter ever going in front of a judge.
  • Get Money He or She is Owed: If an individual sues his or her landlord and wins, he or she will be awarded the money he or she is owned, probably more. For instance, if the person’s landlord illegally refused to give his or her security deposit, that individual will be awarded this amount, and in a few states, two or three times this amount.
  • Get Damages: If the person wins a court case against his or her landlord, he might also get damages. For instance, if the individual’s unit was unlivable, he or she could be awarded damages for any pain and suffering it caused him or her.
  • Exculpate a Person’s Name: Winning a suit against his or her landlord could assist in clearing the individual’s name. For instance, if the person is evicted, the eviction would appear on his or her credit report for years to come. If the individual could establish that his or her landlord is attempting to illegally evict him or her, then he or she can retain his or her good credit and name.
  • Could Remain in His or Her Apartment: If the person sues his or her landlord for a wrongful eviction and wins, he or she will not be compelled to move from his or her apartment.

If you need a personal injury lawyer for your accident case, call DLE Lawyers!

Car accident statistics are a good way to put driving danger in perspective and can act as a wake up call to those that believe they are invincible on the road. Here are some alerting facts about car accidents that should be taken seriously:

  1. Motor traffic accidents are expensive. Statistics show that accidents can cause countries nearly 4% of their Gross Natural Product (GNP) on a yearly basis.
  2. For every 1mph reduction in the speed limit, there is a 2% reduction in the number of average crashes.

Let’s break it down:

  • When hit by a vehicle travelling at 20mph, nine out of 10 pedestrians will survive.
  • When hit by a vehicle travelling at 30mph, five out of 10 pedestrians will survive.
  • When hit by a vehicle travelling at 40mph, only ONE out of 10 pedestrians will survive.
  1. Studies show that your response and reaction times are equally as bad when driving after being awake for 24hours as they are when you’re considered DUI.
  1. Teens are less likely to wear seatbelts. In 2018, Over 55% of teens involved in a car accident where not wearing a seat belt.
  1. Moreover, 30% of those teen drivers who where not wearing a seatbelt had been drinking.
  1. The first car accident happened in Ohio in 1891, when James Lambert lost control of his gasoline powered buggy and crashed into a hitching post. He suffered minor injuries.
  1. Many people where outraged when the car radio was introduced because they thought it would be very distracting and therefore dangerous.
  1. If you’re under 35 and live in the USA, your highest probability of death is from a car accident.
  1. When in a car crash, reports show that 40% of drivers never even had the chance to hit the brakes during the crash.
  1. Ever seen the movie “Cars”? The co-writer and director, Joe Ranft, died in a car accident while it was still in production.
  1. Driving accidents kill over a million people per year.
  1. Want a 23 times higher chance of crashing? Easy, just text and drive.
  1. Malaria is not the highest cause of death around the world, road accident are.
  1. 50 Million people are injured from car accidents yearly around the world.
  1. The world should be in a hurry to adopt self-driving cars; they could reduce traffic accidents by over 90%.
  1. Almost 40% of kids under 12 years old involved in car accidents where not wearing a seatbelt.
  1. After 9/11, there was unusual amount of fatal traffic accidents because Americans chose to drive instead of fly due to fear.
  1. It takes a good airbag only 30 milliseconds to fully inflate
  1. You are 11 times more likely to be in a fatal car accident if your BAC is .08 or higher.
  1. At a .08 BAC it would take 6 hours for your body to completely eliminate the alcohol from its system.

21. Nearly ¾ of fatal crashes between midnight and 3AM involve alcohol.

  1. Close to 3 out of 4 drunk drivers do not wear seatbelts when they are involved in fatal collisions.
  1. Often times, other drugs are used in combination with alcohol in fatal motor vehicle collision. 18% of the time drugs other than alcohol such as marijuana or cocaine are the cause of fatal accidents.
  1. It takes a 170-pound male 3-4 beers to be over the legal drinking limit and it takes an average size woman just 1-3 beers.
  1. South Africa has the highest rate of fatal driving deaths.
  1. In the United States, 31 percent of all road deaths are due to excessive drinking.
  1. In South Africa, 58 percent of road deaths are due to drinking under the influence.
  1. The total costs of driving deaths in the US are an estimated $50 Billion dollars.
  1. Nearly 10% of the US population has admitted to driving under the influence at least once in their life.
  1. Driving deaths have fallen by 50% since MADD was founded in 1980.
  1. The average drunk driver has driven over 80 times before their first arrest.
  1. The first drunk driving incident was by a taxi driver in 1897, he slammed his cab into a building and was charged 25 shillings.
  1. The 4th of July is the most deadly day to drink under the influence.
  1. New Years Eve has more DUI arrests than any other day of the year.
  1. The reaction time of a teen using a cell phone is the same as a 70 year old who isn’t using one.
  1. The average text takes 5 seconds to read and it would take 5 seconds drive through a football field at 55 mph.
  1. In the UK and US, people who drive station wagons are over 50% less likely to be involved in a fatal car accident because they’re safer on the roads and tend to not take as many risks.
  1. In 1904, the very first speeding ticket was issued for a driver going 12 mph.
  1. Between midnight and 3a.m. is the most dangerous time to drive.
  1. Most car accidents happen within 3 miles of the drivers home.
  1. The average driver will curse over 32,000 in their lifetime from road rage.
  1. Wyoming is the state with the highest motor vehicle death rate in the US at 24.7 deaths per 100,000 people
  1. Rhode Island is the state with the lowest motor vehicle death rate in the US at 24.7 deaths per 100,000 people
  1. The likelihood of injury is extremely high in motorcycle accidents: 98% of multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
  1. 2% of fatalities caused by distracted driving are due to drivers adjusting both audio and climate controls
  1. 1% of distracted driving fatalities relate to lighting or putting out a cigarette while driving.
  1. People have tried to sue Apple for car accident cases involving drivers on FaceTime.
  1. Eating, reading and putting on makeup increase the chances of an accident by up to three times.
  1. Crashes cost the U.S. $230.6 billion per year, or an average of $820 per person
  1. Males were more likely than females (15.1% vs. 7.9%) to drive drunk.
  1. People not wearing a seatbelt are 30 times more likely to be ejected from the vehicle during a crash.

51 insane car accident statistics infographicinsane car accident statistics infographic

Guest post by Greg Weber, creator of the Driving Peace program

As a group of professional Miami personal injury lawyers, DLE deals with car accident injuries day in and day out. It’s a routine part of their business. A strange “side effect” of being personal injury lawyers that may surprise you is they hear a lot of stories about driving anxiety. Driving anxiety/phobia is a rampant personal issue that negatively impacts millions of drivers like you all over the world. DLE generously reached out to me to write a guest post, because driving anxiety literally is my business. I’m an anxiety expert, and I created a program for anxious drivers called Driving Peace. You can read my whole story right here.

In my experience, the number one cause of driving anxiety is driving on freeways. I’m conducting an anxiety while driving survey, and the data so far bears this out. Florida has nearly 1,500 miles of interstate freeway alone, and well over a quarter of a million lane miles of road. That all adds up to tons of anxious Florida freeway drivers.

Top Ten Methods to Blast Freeway Anxiety Attacks from DLE Miami Personal Injury Lawyers

I believe the best strategy for freeway anxiety attacks is preparation. I’ve personally used all ten of the methods below. If they worked for me, they’ll work for you too.

  1. Do a simple tapping exercise – Tapping meridian points on the body has been proven to reduce or stop an anxiety attack. And the cool thing about this one is, you can do it in the car. When you feel an attack coming on, ask yourself this question: “On a scale of one to ten, how high is my anxiety level?” Then take the first two fingers of either hand and tap your cheekbone on the same side as your hand, right underneath the eye. Tap for about 20-30 seconds. Then rate your anxiety level again on the one to ten scale. Did it drop a point or two? Repeat the cycle until your anxiety has dropped to a tolerable level. Here’s a video showing how.
  2. Anticipate lane changes – Memorize required lane changes well before you have to make them. Learn the lane changes of a freeway route under easier conditions by driving it during off hours when there’s little traffic. You can also use your phone’s map app to give you turn-by-turn driving instructions.
  3. Take a defensive driving course – A lack of good driving skills causes anxiety for many drivers. It’s important to know how to skillfully execute the physical mechanics of your car. Check out your local driving school, or take a course online.
  4. Use the right hand lane as much as possible – Driving on the right lets you drive slower. Faster traffic will move around you on the left. Going at high speed is one of the biggest anxiety triggers of freeway driving. Slowing down generally reduces overall stress.
  5. Drive five to ten MPH under the speed limit – It’s perfectly OK (and perfectly legal) for you to drive slower than the actual speed limit, as long as it’s not dangerously slow. Remember, faster drivers are legally required to go around you. You are not required to speed up to accommodate them. Make sure you’re in the right hand lane if you prefer driving under the speed limit.
  6. Distract yourself – I think of anxiety attacks as feedback loops in the brain and body. Feedback always gets louder if left unchecked. You can sometimes interrupt anxiety by distracting the mind. Listen to your favorite music, loudly. Open a window and hear the sounds outside the car. I like to listen to books on tape to keep my mind occupied when I drive.
  7. Don’t drive freeways during peak hours – Avoid rush hour traffic. You may not have the luxury of doing this, but avoid driving anxiety attacks by staying off the freeway at peak hours if at all possible.
  8. Drive with someone you trust – Having a trusted friend in the car helps some people remain calm. And it’s another pair of eyes to help watch out for things. I used to drive with a friend who helped me check my blind spots on the freeway. It was enormously comforting.
  9. Break your freeway driving into sections – Think of the freeway as a series of exits rather than an amorphous, terrifying blob. It’s perfectly OK to pull off at the next exit if you need to. Wherever there’s an exit, there’s always another entrance. Take it one exit at a time.
  10. Breathe into your belly – Freeway anxiety attacks are often punctuated by rapid, shallow breathing. Inhale deeply into your belly, then slowly exhale. Keep belly breathing as you make your exhalations slower than your inhalations. A minute or so of this will trigger your nervous system’s autonomic relaxation response.

DLE Lawyers are in the accident and injury business. If you need the services of Miami car accident lawyers, you’re already in the right place. We obviously prefer you didn’t get injured in a car accident at all. There’s little to no evidence that driving anxiety actually causes car accidents. But there is a strong correlation between the fear of car accidents and driving anxiety. Safety is a relative thing. It’s often just a feeling. And there’s nothing wrong with wanting to feel better. So use the methods above to blast your freeway anxiety attacks whenever possible.

What is an Impairment Rating Anyway?

Todd M. Narson, DC, DACBSP

If you have suffered an injury caused by someone else (such as a motor vehicle accident, slip & fall or some type of product or workmanship failure) and has hired an attorney to represent you, than you may require an impairment rating at the conclusion of your medical treatment.

Physicians do not learn how to calculate impairment ratings in school. It doesn’t matter if your doctor is an MD, DO, DC or Dentist, impairment rating is just not taught in school or during internship or residency programs. There are post graduate classes that teach doctors and lawyers how to rate impairment, however the majority simply render a guess.

The problem with guessing is the high rate of inaccuracy.  An inaccurate impairment rating is detrimental to either side of a law suit. An erroneously high impairment rating can cost whomever is on the hook for costs to pay excessive amounts or an erroneously low impairment could cost the injured person from much needed compensation to take care of mounting medical bills, future medical procedures and possibly help manage life with the loss of their ability to earn an income.

So what exactly is an impairment rating? Most physicians probably couldn’t tell you the difference between an impairment rating and a disability rating.  However simply put, an impairment rating is a number that represents a percentage of the body that no longer functions the way it is designed to work.  It represents a portion of your body that doesn’t work anymore.  A portion of the body is physically impaired.

An impairment rating however actually means a whole lot more.  Yes an impairment rating is a number but let’s put that number in context with what it represents to the person suffering from the particular injury that number.

Imagine for a moment that a concert pianist and a professional soccer player were in a taxi traveling home from work. At the same moment another car crashed into their respective taxis resulting in the index finger from their right hand being severed completely.  Complete amputation of the index finger of the right hand at the base knuckle (aka: metacarpal-phalangeal joint, MCP).

According to the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment, a complete amputation of the index finger is a 100% impairment of that digit. This converts to a 20% impairment of the hand, 18% impairment of the upper extremity and an 11% of the whole person.

So, what does an 11% whole person impairment mean to you as a non-injured person? Probably not much. Now, let’s put this in context with our two taxi-cab passengers.  We have a professional soccer player and a concert pianist both with the same exact injury and both with the exact same impairment rating of 11% whole person. Since a professional soccer player essentially gets penalized if the ball touches his hand and the index finger isn’t critical to inbounding the ball, the resulting disability to his career as a professional soccer player goes almost as if nothing happened. However the concert pianists career is ended.

It’s not only important for a physician to take in all medical facts to calculate an accurate impairment percentage, but once the impairment rating is calculated, the physician must take a step back and see how the impairment rating relates to the patient’s functionality in life. In other words, the impairment is the percent of body function loss whereas the disability is how the impairment relates to a persons employability and how they are able to perform their various activities of daily living.

Are you (or is your patient) the professional soccer player –or- the concert pianist? Same injury with drastically different impacts on their professional careers.

If you have a patient/client/insured and you need to know if the impairment ratings in the associated doctor’s reports are accurate, I am happy to consult with you. Email me directly at Miamibeachdoc@yahoo.com

Introducing caraccidentdoctor.com

When you have damaged your vehicle, you are taking it to a professional. And, when you are sick, you are going to your primary care physician. But, why don’t you want to find an accident doctor after a car accident?

Something that so many car accident victims are doing wrong is that they don’t go for a full check-up after a car accident. And, this can be the one wrong thing to do. You don’t know if you might have been injured if you don’t go for a full checkup from the right type of doctor. And, you should not wait until you are in a car accident before you are getting more information about accidents and getting the right treatment. This is why you need to make sure that you are going to remember all this mentioned information to ensure that you know the importance of going to an accident doctor after any car accidents.

Injuries that you can sustain after a car accident

Depending on the seriousness of the car accident, you can have sustained different injuries from a car accident. If you are seriously injured, you need to go to the ER ASAP.

However, if you are walking away from the accident, it doesn’t really mean that you aren’t injured. There are a lot of people that don’t seek medical attention after a car accident because they feel that they weren’t injured seriously enough.

One thing that you need to remember, that any type of injury after a car accident can become serious. These are some of the minor injuries that you might have sustained during a car accident that also need medical attention:

    • Back and neck pain
    • Headaches and dizziness
    • Whiplash
    • Shoulder pain
    • Strains, sprains, and spasms
  • Depression and mood swings

You will see that these injuries aren’t serious, but you still need to be checked out by a car accident doctor to ensure that the injuries are really not that serious.

Delayed injuries. This can cause serious injuries if left untreated

Is this something that is real, or just an excuse to get attention after a car accident or to get compensation from the person that has caused the accident? This is a question that many people are asking. Because delayed injuries don’t really make sense to them.

The thing about delayed injuries is because you can’t really see it. It can be anything from whiplash to internal bleeding, or even a skull fracture. You don’t feel the injury and pain directly after the accident, but a day or two later, you realize that there is something seriously wrong with you. And, then most people are going to see a doctor for to get diagnosed.

Something to consider is that the moment that you realize that you have a delayed injury, it might already be too late to treat it successfully. For example, head injuries that are left a couple of days before getting it treated can lead to permanent damage. Serious delayed injuries may become life-threatening.

This is why you should make sure that you are going to see a doctor right after the accident. Even, if it seems that you don’t have any injuries. If a delayed injury is treated before the symptoms are showing, the possibility of recovering is much higher.

Why should you see a doctor after a car accident?

Besides delayed injuries, there are many other reasons why you should find a doctor after a car accident. Reasons that you might not realize because you weren’t in a car accident before.

The moment that you are in a car accident, shock and trauma set in.  This can cause your body to produce more adrenaline. And, this is causing you to feel fine and not injured. But, the moment that the shock wears off and the adrenaline is getting back to normal, pain can start setting in.

And, this might be a serious injury that can become life-threatening if you don’t see a doctor right away. Shock is also something that might need to be treated, to ensure that you are recovering mentally as well. And, then a doctor will be able to give you a full check up to see if you have any other injuries as well.

The other reason why you should see a doctor as soon as possible is for claiming. If you are getting a delayed injury, you need to be able to claim from this injury. And, if you don’t go to the right accident doctor, it may become really hard to prove that you were injured during the car accident.

The right type of doctor that you should see

Now, you might be wondering what type of doctor you should see. There are rumors that going to see your primary care physician isn’t an option to get the right treatment and to get the proper documentation for your personal injury.

The one thing that you should remember is that you should seek the medical attention from an accident doctor. This is a doctor that has all the right experience and knowledge of car accident injuries. They are also used to fill in the claim forms and even to testify in court about your injuries.

Yes, you can go to your primary care physician, but this isn’t recommended. They may want you to pay out of pocket. Time can be important when you are injured and needs immediate medical attention. This is why you should rather consider going to an accident doctor right from the start. Then you have the reassurance that you are in the best possible care.

Accident doctor or Primary Care Physician

You have normally two choices of medical professionals that you can see after a car accident. The one is the accident doctor and the other option is your PC.

Many are wondering which one is the best one for your injuries and to get your injury claimed approved. It doesn’t really matter who you are seeing, but there are a couple of things that you should consider before you can make your final decision.

    • 1st-your PCP does not treat soft tissue injuries.
    • 2nd-Your primary care physician may not know how to document a personal injury.
    • 3rd-They want to be paid up front, out of your pocket
  • 4th-They will not work on a medical or attorneys lien

What will happen when you don’t seek medical attention after a car accident?

What is the worst thing that can happen to you when you don’t seek medical attention after a car accident? And, why is it necessary to see a doctor if the car isn’t damaged that much? A delayed injury can become serious if it is left untreated. Especially when it comes to internal bleeding, head injuries and neck and back injuries that are left untreated.

The other thing that can happen to you if you don’t get medical attention after a car accident, is that you will not be able to prove that you have sustained injuries after a car accident and that you are able to get compensation for your sustained injuries.

Finding the right accident doctor

Finding the right accident doctor isn’t as hard as what you might think. And, it is recommended that you always have the name and number of an accident doctor in your area at hand. Even if you have never been in an accident before.

You can ask your primary physician for the names and numbers of accident doctors in the area. You can ask an emergency room or you can ask a personal injury attorney. They are all in contact with accident doctors and they can give you the names that have the right experience.

Payment options when you are seeing an accident doctor

One of the reasons why many people don’t go to an accident doctor is because they are worried about how to pay these doctors. Not everyone has health insurance or cash to pay for an accident doctor. Or, this is what most people might think.

However, there are many other ways that you can pay the accident doctor after your visit and treatments. Options that you can choose that are best for you. With knowing all these information about the different options that you have, you will not worry about paying the doctor to see them for an injury that might not be serious. These are some of the different ways that you can pay the accident doctor for the treatment you received.

Med Pay

Med pay or medical payment is something you add to your existing auto insurance. It will cover whatever dollar amount you set. It pays medical expenses for you and anyone in your car no matter who was at fault

PIP

PIP or personal injury protection is a benefit that you can get from your car insurance policy. However, at the moment this is just something that is available in some states.

PIP is almost the same thing as a health insurance plan. They are paying for your injuries that you have sustained if you are seeing the right medical doctor. With this option, you will not need to worry about payments. The good news is this pays for your medical care for you and anyone in your car no matter who was at fault.

LOP

LOP stands for a letter of protection. This is a letter that you can give your accident doctor that is sent from your attorney to say that you will pay the medical bills when your case is over and you have received compensation for your injuries.

This is giving the doctor reassurance that they will get paid and that they can still treat you so that you can recover from your injuries. The doctor normally doesn’t ask higher fees or adding interest to the money you own him.

Medical Lien

A Medical Lien is a document you sign with the doctor who is treating you. You agree to pay him when your personal injury case settles.

Attorney’s Lien

This is something an accident attorney will sign and send to the doctor. The personal injury attorney agrees to pay the doctor when your case settles.

 Conclusion: Going to an accident doctor is essential after an accident

Accidents do happen, and you need to make sure that you know the importance of going to see a doctor after a car accident. This is because you might have injuries that you don’t know about. Delayed injuries are real and it can leave you with permanent injuries, just because you didn’t get treatment early enough.

It is important to make sure that you know everything about seeking assistance after a car accident. This is because you need to make sure that you are not injured at all. Too many people don’t realize the importance of getting a full check up by an experienced accident doctor after a car accident. Even if the car accident was minor and there wasn’t any damage to the vehicles. Our heads, neck, and back are delicate and can get injured easily. Even if the car isn’t damaged. The only way to rule out any serious injuries is to make an appointment with an accident doctor near you. 

Should I get an attorney for auto accidents?

Yes! Hiring a lawyer for a car accident is a great decision when you are not at fault and feeling pain or suffering from the accident. With a lawyer by your side, you will have a huge advantage over someone who doesn’t have a personal injury attorney and wants to file for claims and losses. The huge advantage comes from the years of experience and knowledge of the law that the lawyer and firm provide. If you hire a lawyer the chances of you recuperating your losses and getting your life back in order are maximized.

Can I fire my auto accident lawyer?

Yes, you can fire your auto accident lawyer at any time and for any reason. However, this doesn’t necessarily mean you should do so without considering a few things beforehand.

  1. You should hire a new car accident lawyer before you fire your current lawyer and write the court a letter with a notice of a change in who is representing your case.
  2. Make sure that you also have written proof of a letter sent to the attorney you are firing that states they will no longer be representing your case.
  3. Make sure that it is worth your time to go through the process of firing your current attorney and hiring a new one. These processes can take a long time and are not worth the hassle for most cases unless there is a significant amount of settlement potential you think you could achieve with the new attorney.
  4. Most personal injury lawyers do not charge fees (unless they win), however, if they do, you will have to pay any outstanding balances on your account with that attorney.

At the end of the day, there are various reasons you would want to fire your car accident lawyer, however it is important to make sure that the decision is worth your time and money, if not, try to stick through with your current lawyer and make it work!

There are three steps a driver who is involved in an accident must take.

  1. In Florida, you are legally required to help anyone you believe has been injured or hurt from the accident.
  2. You must call the police or the Florida highway safety patrol if you believe there is over $500 worth of damages from the accident or if someone has been injured.
  3. Try your best to move your car out of the way from traffic. If you are unable to move your car for any reason you should call a tow truck to do it for you.

Please remember, these are only steps required by Florida Law. There are several safety precautions and steps to take after the accident that you should do in most cases. Some of these steps involve:

  1. Hire a car accident lawyer if you believe there was a form of negligence from the other driver.
  2. Make sure there was accidents report written so that you can make claims on your insurance.
  3. Record your own information and notes about the crash so you don’t forget any details later.
  4. Gather witnesses for the accident so it is easier to prove who is at fault.

Unfortunately, most people will be involved in a car accident at least once throughout their lifetime. It is important to know these steps beforehand to minimize the stressful conditions of a car accident.

What is an auto accident?

Although this may seem like a very simple question, many people will only answer it partially right. A car accident is the event in which a car strikes another car, pedestrian, animal or any stationary object. Most people will forget that car accident don’t always have to involve other cars, therefore answering this question incorrectly.

How to negotiate auto accident settlements?

Negotiating car accident settlements are not much different than negotiating anything else. However, there are a few things to make note of that can put you in an advantageous position against the insurance companies.

  1. You will never receive more than what you ask for, so always start with a very high ask, it doesn’t hurt.
  2. Make sure you added up all the bills that came from the car accident, you will want to recover at least this amount. Remember; never ask for just the amount that you added up, you are likely to get less than whatever you ask for. This would result in a loss, which should be the case if you weren’t at fault in the accident.
  3. Know exactly what your insurance policy covers. This works both ways, as there is no point in fighting for something your insurance doesn’t cover, however, it could also lead you to find damages that you didn’t know you could recover.
  4. Kindness always works better than angriness in negotiations. Be nice to whomever you are negotiating with and the process wont be as stressful or challenging.
  5. The Insurance Company will lowball you, make sure you don’t lose hope in your numbers and keep fighting for what you deserve. The majority of negotiations will be resolved with a number in the middle of your highest ask and their minimum bid.
  6. Although it is possible to negotiate a car accident settlement for yourself, it is much more effective to do so with an experienced car accident attorney by your side. Remember, car accident law firms have experience and are familiar with the Florida Law, therefore maximizing the potential settlement amount for you.

Does Medicare pay for auto accident injuries?

Yes, generally, Medicare will cover any medical costs that you incur form the car accident after the $10,000 from your PIP insurance is exhausted. Additionally, Medicare will likely cover any medical bills that your general auto liability insurance missed.

Lets Examine what Medicare part A and B will cover for car accident medical bills:

  1. Inpatient Hospital Care
  2. Skilled Nursing Facility
  3. Hospice
  4. Lab Tests
  5. Surgery
  6. Home Health care
  7. Outpatient Care
  8. Preventive Services
  9. Ambulance Services
  10. Durable Medical Equipment

The important thing to remember about Medicare regarding car accidents is that it only kicks in once you fully exhaust your $10,000 in PIP coverage.

DLE Lawyers are happy to introduce you carwreckdoctor.com

In this post you will learn about common injuries that come from vehicular accidents. Feel free to comment with any questions.

In the hustle and bustle of today’s day and age, it seems like accidents are inevitable.

Whether it’s not watching your step on a crooked sidewalk or checking your phone at the wrong moment behind the wheel, accidents are part of human nature and, unfortunately, you can’t really plan for them.

However, you can take preventative measures and you can be educated on what injuries you are likely to suffer from should you be involved in a particular accident.

At Car Wreck Doctor, knowledge is without a doubt power. Understanding various accidents and the injuries that you will typically see as a result of these accidents will help you stay focused and eliminate fear of “the unknown.”

And from that point forward, we can point you in the right direction for medical care and legal protection.

Vehicular Accidents

Drivers in the United States collectively spend more than 84 billion hours driving a year. That is a significant amount of driving and a large margin of error.

Especially with the rise of texting and driving, car accidents don’t seem to be disappearing anytime soon.

So what are some of the most common injuries involving motor vehicles?

  1. Whiplash

Whiplash injuries can be very dangerous and go hidden without symptoms for days or even weeks.

When your car is rear-ended, even at a low velocity, your neck will jolt forward and then back without any restraint. This hyperextension can cause serious soreness and lead to neck pain, back pain, and headaches.

  1. Sprains and Strains

Another common injury with car accidents is sprains and strains.

Similar to whiplash, the force of being struck by another driver causes your body to involuntarily react and overextend in awkward and unprepared motions.

This type of overextension can lead to ligament damage in joints. In affected areas, you will most likely experience soreness, stiffness, and overall discomfort.

Slip and Fall Injuries

It may seem silly to worry about falling and injuring yourself, but there are hundreds of ways this accident can creep up on you.

For instance, a Slip and Fall injury can occur from:

    • Improperly labeled slick areas around/within businesses
    • Misjudging steps
    • Uneven sidewalks and flooring
    • Texting and walking
    • Eating/drinking and walking
  • And more
  1. Spinal Cord Injuries

When an individual slips and falls, it is most common for them to fall on their back. Therefore, this accident typically leads to spinal cord injuries.

Spinal cord injuries can range from minimal injuries such as bruising and soreness or paralysis should the spinal cord actually be severed.

While slipping and falling can be comedic on our culture, it is absolutely no laughing matter should a serious spinal cord injury be suffered.

  1. Cuts, Abrasions, and Broken Bones

Depending on the type of fall, the surface you’re landing on, and you’re overall health, there are a range of physical injuries that can occur.

If you only manage a few cuts and scrapes, you’re fairly lucky and should make sure to clean and disinfect the open wounds.

For those less fortunate, broken bones can occur which is incredibly painful and can lead to a significant amount of rehabilitation.

Important note: Even though cuts, abrasions, and broken bones can cause searing pain, they could be covering even more severe injuries such as spinal cord injuries and critical concussions.

Diagnosing Your Accident Injuries

We understand, especially regarding auto accidents, all of the stress that accompanies dealing with a damaged vehicle along with trying to find a good car accident lawyer.

But taking care of yourself is more important in the long run.

Individuals tend to put their soreness and discomfort in the back of their mind while dealing with other stressors and that is not healthy by any means.

Don’t assume with any accident injury that you will just naturally feel better in a few days.

When you visit a medical professional, they will do the following:

    • Gather information regarding your accident type, pain symptoms, and previous medical history
    • Perform medical physical exams on affected areas to test severity and check overall physical function
    • If necessary, conduct imaging exams such as X-rays and MRIs
  • Once the diagnosis has finished, your physician will create a specific treatment plan that is best suited for an optimal recovery

Even soft-tissue injuries like whiplash can be treated by a medical professional.

Don’t suffer through another day with that pain, soreness, and discomfort. Put your health first and foremost and visit a medical professional today.

If you want to learn more about car accident injuries, statistics, and doctors in the state of Florida, feel free to check out Car Wreck Doctor in Florida now.

Accidents are random and impossible to plan for, but we can help you every step of the way.

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