Auto Accident Fatalities – Why You Need A Wrongful Death Attorney
Ari • September 2, 2020
Injuries from car accidents are problematic; fatalities from car accidents are tragic. Did you know that over 3,000 people die in Florida car accidents each year? Under Florida law, a claim for wrongful death caused by a car accident must be handled differently than a personal injury claim. Death claims must be brought under the Florida Wrongful Death Statute, F.S. § 768.16, et seq. A probate case must be opened because the wrongful death action can only be brought by the court-appointed Personal Representative of the decedent’s estate. Potential beneficiaries are entitled to recover the value of lost support and services; loss of spousal or parental companionship; mental pain and suffering; medical and funeral expenses; prospective net accumulations; and more. If this sounds complicated, that’s because it is. That is why you need a wrongful death attorney.
If you have a loved one who has died in a automobile accident or from other negligence, please give us a call to discuss your rights at 239-298-8375.
The post Auto Accident Fatalities – Why You Need A Wrongful Death Attorney first appeared on Auto Accident Attorneys in Naples FL.
Because I Live Here: In this new series of posts, I will offer some thoughts to help you pick the right attorney for your car accident case. There are many advantages to hiring a local attorney, like me who remembers when the beaches weren’t so crowded. Because I Live Here #1 Because I Live Here: Don’t hire an attorney before you meet them face to face. That is often not possible with a TV lawyer, or an out-of-town lawyer. This is important for several reasons: You want to work with someone you like. You want to make sure that they will communicate clearly. You want to make sure that they won’t talk over you. You want to know that they will take the time to explain things. You will want to know that they will be courteous and respectful. These are all the things that you will know only by meeting the attorney in person. Intake specialists, legal assistants, and case managers will not be your lawyer. This is your case, not theirs. You are the one who will have to live with the choice you make, so make it a good one!
Dear car accident victims, This is YOUR case! I am here to guide you and get you the best result, but I will always respect and understand that the final decision on your treatment and your settlement is up to you.
Dear car accident victims, I believe a lawyer should keep their clients well-informed about their case. That is why I send my clients copies of all emails, letters, pleadings and other documents that we send and receive. Sincerely, Rich Treiser
Dear car accident victims, I believe that lawyers should be accountable to their clients. Everyone is entitled to know what their lawyer is doing in their case. That is why I send each client a detailed monthly statement of what I have done. Sincerely, Rich Treiser
Car accident victims, Are you stuck on your sofa or in a hospital bed and have no transportation? I will come to you. I make house calls and hospital visits as needed. I am a personal injury attorney who takes your injuries personally. Rich Treiser, Auto Accident Attorney of Naples
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Before you hire a TV lawyer, be sure to ask the following questions:
Comparative negligence is a legal concept that refers to the amount or percentage of fault that a person shares for their own injuries. In the context of an auto accident, comparative negligence may reduce the recovery of an injured party, even though the accident was someone else’s fault. Under Florida Statute Section 316.614(10) the failure to use seat belts can be considered “comparative negligence.” That is known as “the seatbelt defense.” Since Florida law requires all occupants of a motor vehicle (with only a few limited exceptions) to wear a seatbelt, failure to do so can be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. The seat belt defense only requires that the following be proven: The victim was not wearing a seatbelt at the time of the accident. The victim had a fully functional seatbelt available. The victim’s injuries were caused or made worse as a result of failure to wear a seatbelt. Injuries caused by failure to wear a seatbelt are often the result of total or partial ejection from the vehicle. That is fairly obvious and easy to prove. However, seatbelt violation injuries can also often result from impact with other passengers in the vehicle, or with the steering wheel, dashboard, windows or other parts of the vehicle. The cause of those injuries is more debatable but still creates an unnecessary problem. Buckle up, Stay Safe and avoid the “seat belt defense”! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
In Florida, after an auto accident, you may be required by your own insurance company to have an Independent Medical Exam (IME), also known as a Compulsory Medical Exam (CME). This is a medical exam by a physician of their choice. That doctor has no responsibility for your health. Beware! This doctor is not your friend. They are not your doctor. They are hired by the insurance company to cut off your benefits (if they can justify it). They do that by minimizing your injuries and finding that your condition does not warrant further medical treatment, because you are at “Maximum Medical Improvement” (MMI). So, they are hired to help the insurance company justify terminating your Personal Injury Protection (PIP) insurance benefits. Often these doctors are not MDs or DOs but rather are chiropractors who are advising your insurance company that you are at MMI when they are not even licensed to prescribe medications or provide surgical treatment. Yet they are passing judgement on whether you need any more medical treatment. Under Florida law auto insurance companies are required to provide PIP coverage which will pay up to $10,000 for your medical expenses, whether or not the MVA was your fault. That way there is immediate money to pay for (and you can then get) medical treatment. However, some insurance companies are more concerned about their profits than about the welfare of their insureds. So, if they can justify cutting off your PIP benefits, short of the full $10,000, they are saving money. Unfortunately, there is fine print in your policy which allows them to require you to submit to an IME. So, when you go to that exam, be sure to be complete about all of the medical problems, aches and pains the accident has caused. Of course, tell the truth, but don’t understate your medical problems. Insist on telling the IME doctor of any further treatment that you or your doctors think you need. Also, know that you are entitled to have the IME videoed by your own videographer so you can have a complete record of what was said and done at your IME. Call our office if you have any questions.
Failure to use seat belts is a traffic violation that can get you a ticket in all states but one. New Hampshire is the only State where it is not against the law. It is a primary traffic violation in Florida. That law, Florida Statute Section 316.614 became effective on June 30, 2009. It requires all drivers, front seat passengers and children under the age of 18 to fasten their seat belts. The driver, as well as the passenger can be cited for a violation. Children under 5 must be in child restraint devices appropriate for their age and size. As for backseat passengers over 18, it is a secondary violation, but they are still required to wear a seatbelt. Primary enforcement means that a law enforcement officer is permitted to stop and issue a citation to a driver and passenger if they see a violation of the seat belt law. There are about 17 states that are secondary, rather than primary enforcement states. Secondary enforcement means that the officer can only issue a ticket for a seat belt violation if they have stopped you for some other traffic violation (like speeding). But, except for backseat passengers over 18, Florida is not one of those states. There are several consequences for a violation. A seatbelt ticket carries of fine of $30 for an adult violation and $60 for a violation involving a child (under the age of 18). A court appearance is not necessary, however if the fine is not paid within 30 days it can result in suspension of your license pursuant to F.S. Sec.316.15(1)(a). If you chose to go to court and are convicted, court costs and administrative fees can be added. In addition, 3 points will go on your driving record. That is something that auto insurance companies will notice and can result in higher insurance rates. This ticket is a non-moving violation, so it will not count against or be a basis for suspension of your license (unless the violation involved a failure to use a child restraint for a child under age 5). Buckle up, Stay Safe and avoid a ticket! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.