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Articles Posted in Personal Injury

Even when you are extremely cautious and drive defensively on the busy streets of Miami, car accidents are still a threat. However, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) collects data to better understand when the risk of collisions is higher. Various factors impact the potential for crashes according to different days of the week, seasons, holidays, the time of day, and more. When you know the most dangerous times to be on the road, you can avoid non-essential trips and take extra precautions when you do need to drive.

 
Since you cannot prevent crashes entirely, it is important to work with a Miami car accidents attorney if you were injured. Plus, you can review the following information on when drivers are at the highest risk of being involved in a crash.

 
Holidays Associated with Celebrations

There are risks associated with any type of surgery, whether you are being treated under emergency circumstances or through an elective medical procedure. The intricate, meticulous nature of surgery means that any slight mistake can lead to serious harm, long-term complications, and even death for the patient. Unfortunately, the vast majority of surgical errors are preventable. Online health care resource WebMD indicates that there may be more than 4,000 mistakes made by surgeons every year; the actual figure may be higher than this estimate because of issues with reporting.

 
Surgical mistakes are referred to as “never” events because they should not ever occur when a provider in the specialty area of surgery exercises due care. These errors can rise to the level of malpractice, so you should discuss your legal remedies with a Miami medical malpractice lawyer. You might also find it useful to learn about the most common surgical errors.

 

  • Leaving Objects Inside the Patient: Fatigue, interruptions, and understaffing may lead a physician to be careless when suturing a patient after surgery. He or she may not notice that a sponge, tool, clamp, or other equipment was left behind. This type of surgical mistake is especially harmful because the object may not be discovered for weeks or months afterward.

You might read a headline once in a while about a Miami car accident caused by a motorist falling asleep at the wheel, but you would probably never expect to be personally involved in a drowsy driving crash. Unfortunately, statistics reveal that fatigue is common among drivers and it can be a key factor in serious accidents. The Governors Highway Safety Association (GHSA) estimates that there are around 328,000 drowsy driving collisions every year in the US; approximately 6,400 of these incidents were deadly and another 109,000 caused injuries to at least one person. However, GHSA notes that there is some margin of error on fatigued driving crashes figures due to reporting issues. 

If you or a loved one was involved in a drowsy driving collision, it is important to consult with a Miami car accidents attorney right away about your legal options. Plus, some information on the dangers may help you avoid becoming a victim.

The Dangers of Drowsy Driving

You do have legal remedies available after being hurt in a Miami car accident, including the option to seek compensation for your losses. In a particularly serious crash, you may be able to pursue the responsible driver’s insurance company by filing a claim. The objective is to recoup monetary damages for the costs you have accrued and other ways your injuries impact your life. However, as you might expect, it is not likely that you will receive a check overnight. Instead, your compensation will be paid out after your claim is resolved – either through a settlement agreement with the insurer or in court. Therefore, you could have difficulty paying your medical bills, especially if your injuries prevent you from working. 

It is a relief to know that there could be other sources you can turn to when you need financial support as the victim of a collision. While your Miami car accident attorney is working through the claims process, you should also ask about getting funds through:

Your Auto Insurance PIP Coverage

Nursing homes have a legal duty to ensure that residents enjoy a safe living environment and quality care, an obligation that stems from Florida law and by contract. Unfortunately, far too many assisted living facilities fail to live up to their obligations. One of the biggest threats to residents is understaffing, a problem highlighted in a PBS article. A recent study found that most nursing homes had fewer nurses and caretakers than they reported to officials, leading to significant fluctuations in staffing. Weekends are a particular concern, with staff being responsible for almost twice as many residents. 

When nursing homes simply do not have sufficient personnel to deliver essential services and the level of care required by residents, neglect and abuse become serious issues. Because some victims are not in a position to address misconduct on their own, loved ones must often step up to seek justice. If you believe understaffing was behind harm to your loved one, you should contact a Miami nursing home abuse and neglect lawyer right away. It is also important to understand the dangers.

Reasons for Nursing Home Understaffing

Legal terminology can be complicated for anyone without a background in law, which is why there is often confusion over what happens after someone is hurt in a personal injury accident. Even if you know that you have options to recover compensation for the party responsible for causing your injuries, exercising your legal rights does not always mean going to court. You may be able to obtain monetary damages, including medical costs, lost wages, and pain and suffering, through a settlement. 

This scenario and other details often lead people to misunderstand the difference between a “claim” and a “lawsuit.” In short, these two terms describe two distinct – yet potentially overlapping – stages of the legal process. You can learn the specifics by speaking to a Miami personal injury lawyer, but an overview of claims versus lawsuits may be helpful.

Claims Involve Insurance Companies

Witnesses to a Miami car accident are valuable resources when you are filing insurance claims for your injuries, as well as if you resort to litigation. These individuals may have details regarding the incident that you may not know; plus, eye witnesses are typically neutral parties in your case when it comes to fault. Their statements and testimony are generally viewed as being more credible than your own because they do not stand to gain. According to the Florida Rules of Evidence, almost anyone is competent to be a witness – as long as they have personal knowledge of the circumstances. 

As such, it is important to communicate with potential witnesses at the scene, starting with names and contact information. This may or may not be possible depending on the nature of your injuries, but do what you can if you are physically able. Your Miami car accidents attorney will handle the legal details, but you should follow a few tips for talking to witnesses after the crash.

Find Out the Witness’s Location

gemma-evans-IAKIkREkRzY-unsplash-copy-300x225There are more than 31,350 people injured in Miami-Dade County auto accidents every year according to the Florida Department of Highway Safety and Motor Vehicles’ Crash Dashboard, a figure that may not surprise you given the number of careless drivers on the road. However, you might be shocked to learn that an estimated 95% of victims settle their claims with an insurance company rather than go to court. There are multiple advantages of settling, especially since you resolve your case faster and enjoy certainty in terms of the result.

 
The first stage in pursuing settlement will be preparing a packet with your claim and supporting documentation, topped off by a demand letter to the responsible driver’s insurance company. It is wise to trust a Miami car accidents attorney to handle these initial tasks, but you might find an overview to be helpful.

 
Supporting Documentation for Your Demand Packet

daniel-thurler-511435-unsplash-copy-300x191Every U.S. state requires motorists to carry certain minimum levels of auto insurance, and Florida is no exception. However, insurance laws related to motorcycles and motorcycle accidents ARE very different in ways that may surprise you. In short, most of the familiar insurance regulations established by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) only apply to vehicles with four or more wheels. Motorcycles and trikes, a.k.a. three-wheeled motorcycles, are covered by an entirely distinct set of rules. 

In some situations, the relevant regulations may have a significant impact on your rights if you were injured because of another driver’s negligence. You should speak to a Miami motorcycle accidents lawyer about your rights, and read on for important information about Florida’s insurance laws.

Motorcycle Insurance Requirements

helloquence-51716-unsplash-copy-300x200According to the Florida Department of Highway Safety and Motor Vehicles Traffic Crash Facts, there are more than 248,000 people hurt in Florida car accidents every year, and almost 32,500 injured victims in Miami-Dade County alone. For many of these individuals, the legal process for recovering compensation starts with filing an insurance claim. You might be working with your own insurance company, since Florida is a no-fault state; however, in some cases, you will file a third-party claim with the insurer for the responsible driver.

In either situation, you may be presented with a “release,” a document that carries very important implications for your rights as a victim. As such, you should always consult with a Miami car accident lawyer before signing, and these warnings about releases should convince you of the reasons why.

  • You Give Up Your Rights: The point of a release is to resolve your auto crash claim with the insurance company. In exchange for your signature, the insurer will offer a payout to cover your losses, with the stipulation that you have no further rights or remedies. When you are injured and facing an uncertain financial situation, the settlement amount may seem attractive. However, by giving up your rights, you risk being under-compensated. 
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