Question 1

Can I still recover compensation if I am partially at fault for the accident?

Accepted Answer

Yes, you can still recover compensation even when you are partially at fault for your personal injury. However, your percentage of fault will reduce the amount that you'll be able to recover. For example, for 40% negligence, your damages decrease by 40%.

Question 2

What damages can be recovered in a wrongful death lawsuit?

Accepted Answer

The damages that can be recovered in a wrongful death case include economic damages, such as medical costs, funeral costs, the loss of the decedent’s financial contributions, and non-economic damages that can consist of compensation for grief and the loss of companionship. In some cases, punitive damages can be recovered, as well.

Question 3

What do I do if the insurance company denies liability?

Accepted Answer

If an insurance company denies liability, the plaintiff has to prove liability by using the police report or getting help from a specialized attorney who can gather witness statements to clarify liability and medical reports to prove the severity of the case. Florida is a no-fault state; thus, the driver who was not at fault does not have to prove that the crash was somebody else’s fault to get compensation. However, there are some cases when an injured person can sue the party at fault.

Question 4

What do I do if the other driver leaves the scene or is uninsured?

Accepted Answer

If the other driver leaves the scene, the hit driver should try to get the license plate or a description of the vehicle, to ensure identification. If the other driver is uninsured, but the hit driver carries Uninsured Motorists’ insurance, this can cover medical expenses and damages. If no insurance exists, the only option is suing the uninsured driver.

Question 5

What can I recover from a product liability lawsuit?

Accepted Answer

From a product liability lawsuit, you can recover economic damages, which can include medical care, lost wages, loss of earning capacity, loss of services provided for the family, and noneconomic damages, which usually include pain and suffering, mental anguish, physical impairment and loss of enjoyment of life. Punitive damages can also be awarded in certain cases.

Question 6

When do most boating accidents occur?

Accepted Answer

Most boating accidents occur in the summer months or on holidays, and many have nothing to do with bad weather conditions. They are commonly caused by a distracted and reckless boat operation, alcohol or drug consumption, equipment failure, inadequate passenger behavior, or operator inexperience.

Question 7

Who is liable in a boating accident?

Accepted Answer

In a boating accident, one of the following parties can be held liable: the operator of the boat, the owner, the manufacturer, the rental company, or even a passenger. However, it is important to keep in mind that there are cases when, due to unforeseen circumstances, liability can be difficult or even impossible to determine.

Question 8

Can you sue an employer for the employee’s negligence in a car accident?

Accepted Answer

Yes, you can sue an employer for the employee's negligence in a car accident. If you were hit by a car driven by an employee within the scope of employment, you could sue the employer. If the vehicle was not driven within the scope of employment, you could still sue under the negligent entrustment theory.

Question 9

How do I get the maximum amount of compensation in a car accident claim?

Accepted Answer

The maximum amount of compensation in a car accident claim generally depends on different factors, such as the severity of your injury, length and cost of treatment, and any other damages. To make sure you are entitled to maximum compensation, it is highly recommended that you contact an experienced car accident attorney to evaluate your case.

Question 10

Do you have to have surgery after an auto accident to get a large settlement?

Accepted Answer

No, you do not have to have surgery in order to get a large settlement, as surgery does not condition the amount of compensation received for a car accident. Large settlements are usually granted for severe injuries, which can require surgery; however, there is no direct connection. Victims usually have to prove fault, negligence, damages, expenses, or financial losses to get a fair settlement.

Question 11

What if both drivers have the same insurance company?

Accepted Answer

If both drivers involved in a car accident have the same insurance company, then the company will assign two different adjusters to two separate claims that will attempt to come to a liability agreement among themselves, and one insurance policy will make payments to another.

Question 12

What happens in a car accident when no ticket is issued to either party?

Accepted Answer

If no ticket is issued to either party and there is no substantial evidence of one driver’s fault over another’s, then the insurance company will still investigate circumstances and evidence related to the crash and establish liability for the responsible party.

Question 13

Can you get a larger settlement when in a car accident with a company vehicle?

Accepted Answer

If you were driving a company vehicle and were within the scope of your employment, the damages will be paid through workers’ compensation and will usually amount to less than through a regular claim. If you were hit by a company vehicle, the company could be held liable.

Question 14

What compensation can I receive after a car accident for herniated discs?

Accepted Answer

If your herniated discs result from a car accident, the amount of compensation will be directly proportional to the severity of your injuries and your recovery time. The typical settlements in such cases average $65,000 and cover medical treatments, lost wages, and even pain and suffering. In order to make sure that you receive fair compensation, you should hire a personal injury attorney.

Question 15

How to file a third-party car insurance claim?

Accepted Answer

If you were injured in a car accident that was not your fault, you could submit a third-party auto insurance claim based on the at-fault driver's liability insurance policy. The other driver's insurance company will investigate the accident to determine that their driver was indeed at fault, and negotiations will ensue.

Question 16

Is an auto accident settlement based on impairment rating in Florida?

Accepted Answer

When negotiating the settlement of a car accident, in Florida, impairment rating is a major factor determining the amount of compensation you can receive. However, several other aspects will be discussed as well, including how the impairment affects your body and your working ability, how is pain and suffering valued, and how much insurance coverage the potential defendant has.

Question 17

Can I win a car accident lawsuit without any witnesses?

Accepted Answer

The vast majority of car accident lawsuits require proof of the other driver's negligence for you to win the case. The best way to deal with the lack of third-party witnesses to the accident is to gather as much non-testimonial evidence as possible, such as the police report, physical evidence from the scene, and accident reconstructions.

Question 18

How do personal injury lawyers get paid?

Accepted Answer

Most personal injury attorneys take cases on a contingency fee basis, which means that they are paid a percentage of the amount of money received in a settlement or jury verdict. Personal injury attorneys do not get paid unless their client wins the case.

Question 19

What happens at a deposition in a lawsuit?

Accepted Answer

At depositions, witnesses appear at a predetermined time and place and give testimonies under oath. Depositions typically occur during the discovery phase of a lawsuit and have two purposes: first, to learn what the witnesses know and record their testimonies, and second, to allow both parties to learn all of the facts before their trial so that no one is caught off-guard during the trial.

Question 20

What happens after a case is settled?

Accepted Answer

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

Question 21

What are the benefits and disadvantages of out-of-court settlements?

Accepted Answer

While it may seem more suitable to settle a case before trial, unfortunately, personal injury cases seem to be settling less and less pre-litigation. A fair number of cases in Miami used to get resolved before handling lawsuits. Still, insurance companies seem to force many cases into litigation by not making fair settlement offers unless a lawsuit is filed.

Question 22

What needs to be included in a car accident report?

Accepted Answer

The accidents that you have to report are those that involve any damages whatsoever. It is essential to report a car accident in order to recover any damages. The police report is invaluable in determining fault, facilitating claims with the insurers, providing correct documentation of the crash, etc. It is recommended that to file a report even if the law does not expressly require it.

Question 23

What is the statute of limitations for medical malpractice in Florida?

Accepted Answer

In Florida, the statute of limitations for filing a medical malpractice claim is two years from when the patient (or a family member, parent, or guardian) either knew or should have known that the injury exists and there is a plausible possibility that it was caused by medical malpractice. For example, for an injury discovered on January 1, 2020, you must file a Florida medical malpractice claim by January 1, 2022.

Question 24

What is the average payout for medical negligence?

Accepted Answer

You, understandably, want an estimate of the potential settlement or trial value of your case. Here is factual information to help you better understand the range of potential payouts you might receive in a medical malpractice settlement or a verdict.

Question 25

Do medical malpractice attorneys work on contingency?

Accepted Answer

Yes, most medical malpractice attorneys work on a contingency fee arrangement or for a reasonable percentage of the settlement or awarded damages. The most common contingency fee is 33% of the settlement or award, but you can negotiate the fee at the outset of your case, for example, during the initial free consultation.

Question 26

Are side airbags (SABs) mandatory for new vehicles?

Accepted Answer

Currently, side airbags are not required by law for new vehicles. However, in the future, manufacturers will be required to offer updated protection performance. It is estimated that side airbags can reduce serious chest injuries in collisions by approximately 25%.

Question 27

How often do airbags fail?

Accepted Answer

Although airbags work in the majority of the cases, there are rare exceptions when an airbag might fail to deploy in a car crash or inflate accidentally. If you suffered injuries because of an airbag failure you should consider hiring a personal injury lawyer who will help you recover a full and fair compensation.

Question 28

What are the estimated long-term costs of an amputation?

Accepted Answer

The long-term costs associated with an amputation are on average between $100,000 and $500,000 because amputees are going to require multiple prescriptions of prosthetics. Ongoing access to high-quality prosthetics is crucial for someone who has suffered amputation. The lawyer representing you needs to have a real expertise, to be able to get the contacts with rehabilitation and prosthetic facilities.

Question 29

How much compensation can I get for an amputation in Miami?

Accepted Answer

If just got into an accident, are hurt, and are trying to find the value of your case, you can look at the similar cases below. However, the amount of compensation you can get for an amputation depends on the particular aspects of your case and you really do not know what your claim is until you reach maximum medical improvement.

Question 30

How common are ATV accidents?

Accepted Answer

ATV accidents are more common than people think. There are over 100,000 emergency-room visits per year by people involved in an ATV accident, with injuries that range from bruises to very severe fractures. In 2019, the CPSC received reports that around 295 people had died that year in ATV-related accidents, and between 1982-2017 there were 15,250 ATV-related fatalities.

Question 31

What to do if you are involved in an ATV accident?

Accepted Answer

If you are involved in an ATV accident it is important to get medical help as soon as possible, to collect information from all those involved or present, to call the police, to file a report, and to contact a personal injury lawyer. Under his advice, discuss the case with your insurance company.

Question 32

Why do cars catch on fire when they crash?

Accepted Answer

When a vehicle catches fire after an accident, the situation can rapidly turn life-threatening. The most common car defects associated with fires are fuel system or electrical system defects. Both electrical and fuel-fed fires are often caused by manufacturing or design defects.

Question 33

What is the discovery phase of a car accident lawsuit?

Accepted Answer

In the discovery phase, you have the chance to find out the strengths and weaknesses of your case and what evidence the other side has. Additionally, during this period, you can use the so-called means of discovery, such as requests for production of documents, requests for admissions, and depositions. Based on what happens during the discovery phase, you can decide whether to settle the case or go to trial.

Question 34

What is swimming pool poisoning?

Accepted Answer

Swimming pool poisoning is an intoxication that occurs due to the chemicals used to clean pools, such as chlorine. Chlorine-based pool cleaners can cause intoxication when swallowed, touched, or inhaled. 
The most common symptoms of swimming pool intoxication are skin burns and irritations or throat and eye irritation.

Question 35

How much you get paid for head-on collision?

Accepted Answer

The compensation that you can receive after a head-on collision generally depends on the severity of the injuries, the financial damages involved, the strength of your evidence, your insurance company and that of the other driver, and the ability of your attorney to make the best case.

Question 36

Do you need a license to ride a motorcycle in Florida?

Accepted Answer

To ride a motorcycle in Florida, if you already have a valid Florida driver's license, you only need a motorcycle endorsement. You can get this by completing the Florida Rider Program. If you want to get a motorcycle-only license, you have to be at least 16 and hold a learner's permit for at least one full year without traffic convictions. If you are over 18, then the learner's permit is unnecessary, but you have to pass the standard class E license test and complete the Basic Rider Course.

Question 37

Can a pedestrian hit by a car receive financial compensation?

Accepted Answer

Yes, if you are a pedestrian who was hit by a car, you can receive financial compensation, usually against the driver’s insurance. The settlement is in direct relation to the driver's degree of negligence, as well as yours. In order to make sure that you receive just compensation for a pedestrian accident, discuss with a personal injury attorney.

Question 38

What is the statute of limitations for a product liability claim in Florida?

Accepted Answer

In Florida, an action for injury to a person caused by a defective product based on the theories of strict liability, negligence, or contract must commence within four years. The statute of repose is 12 years but may be subject to various exceptions. Failure to file within the time limit leads to the inability of suing. For example, if you discovered the injury on January 1, 2020, you must file a Florida product liability claim by January 1, 2024.

Question 39

Is it true that seat belts can trap you inside the car after an accident?

Accepted Answer

No, becoming trapped by a seat belt is a myth. Wearing a seat belt reduces your chances of being killed or injured in a car accident by at least 45% and gives you a much greater chance of remaining conscious and of being able to escape your vehicle in case of danger.

Question 40

Why wear seat belts if the car is equipped with airbags?

Accepted Answer

Seat belts and airbags are interrelated: an airbag without a seat belt can cause severe injury and even death. So, you have to use a seat belt to avoid serious injury. Moreover, according to seat belt legislation, wearing seat belts at all times is mandatory.

Question 41

What is the statute of limitations for aviation accidents in Florida?

Accepted Answer

In most cases, the statute of limitations is two years from the date of the accident, and it applies to cases of product liability or negligence claims against most states or the federal government. For example, if an aviation accident occurred on October 1, 2015, you must file a Florida aviation accident claim by October 1, 2017.

Question 42

Who is responsible for airplane accidents?

Accepted Answer

Individuals who survived an aviation accident can recover damages for their physical bodily injury, pain, and suffering, loss of wages, and medical bills, both past, and future.

Question 43

What is the statute of limitations for boating accidents in Florida?

Accepted Answer

How long you have to file a boat accident claim is ultimately determined by the location of your accident because the location determines the applicable law. The deadline for a boat accident governed by Florida law is 4 years from the date of the accident. By contrast, boating accidents where the Admiralty law takes precedence need to be filed sooner, within 3 years. However, depending on the type of accident and the type of party you're claiming against, some boating accident claims have an even shorter deadline.

Question 44

What are the penalties for boating under the influence (BUI)?

Accepted Answer

The penalties for boating under the influence generally consist of fines that can be up to $5K, suspension or revocation of the boat operating privileges, or even jail terms. It is important to keep in mind that it is illegal to operate any vessel or water skis, sailboard, or similar device while under the influence of alcohol (BAC 0.15 or higher), controlled substances, or drugs.

Question 45

What are the penalties for violating boating regulations in Florida?

Accepted Answer

Everyone onboard a yacht and anyone being towed behind a vessel must wear a US Coast Guard-approved personal flotation device. Violating this regulation and others pertaining to boating are punishable with a $50 - $80 fine, depending on the county.

Question 46

What types of cruise ship accidents can be handled by a lawyer?

Accepted Answer

All incidents that threaten the well-being of cruise ship passengers and crew members can constitute a legal case and can be handled by a lawyer, whether they are due to inattention, failure to warn about dangers, etc. If you suffered a serious personal injury on board a cruise ship, it is recommended that you seek legal advice from a personal injury lawyer as soon as possible.

Question 47

What is the statute of limitations for a cruise ship accident injury in Florida?

Accepted Answer

Usually, the passenger’s cruise ticket informs in its fine print that claims and lawsuits for bodily injury must be brought within one year of the accident in the US District Court for the Southern District of Florida, in Miami-Dade County, Florida. For example, if you were injured on August 1, 2020, you must file a Florida cruise ship accident claim by August 1, 2021.

Question 48

How can The Law Offices of Sean M. Cleary help victims injured after devastating house fires?

Accepted Answer

An experienced personal injury attorney can help you file a burn injury claim to maximize the financial compensation you can recover according to the extent of your damages, severity of the burns, medical services you needed, loss of wages, disfigurement, or permanent scarring.

Question 49

When should I hire a lawyer after a house fire injury?

Accepted Answer

After you, or a loved one, suffered a Miami house fire injury, a personal injury lawyer can help you get the maximum compensation for damages from the individual or company whose negligence caused the injury. This means that personal injury lawyers can negotiate settlements for you, and the case does not always need to go to court.

Question 50

What type of lawyer do I need in the case of a house fire injury?

Accepted Answer

A personal injury attorney is the type of attorney who can help you deal with the person or company responsible for your house fire injury. The manufacturing company of a defective product or any other potential defendant will certainly have a lawyer to minimize liability and damages. That's why you should also be represented by an experienced attorney who can gather and present evidence for your case.

Question 51

Are airbags dangerous for children?

Accepted Answer

Airbags can save lives and are essential car safety features, but they can also be very dangerous for children. Depending on the severity of a car crash, airbags can deploy at speeds up to 186 mph. A child under 12 is at risk when riding in rear-facing seats or when not adequately restrained.

Question 52

Can I still recover damages if I was not wearing a seat belt when the accident happened?

Accepted Answer

If another driver or a defective car part is what caused the accident, the fact that your seat belt was not fastened at the time cannot be used in the guilty party’s defense. You may also have a medical certificate stating you suffer from an affection preventing you from wearing the seat belt.

Question 53

How much is a knee replacement lawsuit worth?

Accepted Answer

An unsuccessful knee replacement surgery warrants a professional investigation, as it can cause serious injuries and require new surgery. If you suspect the failure may be due to negligence or a defective product, contact an experienced attorney who can assess what compensation you are owed and by whom.

Question 54

Who is liable in an emergency room malpractice case?

Accepted Answer

Hospitals are responsible for malpractice cases involving their employees. In many cases, the doctor, who is not employed, but contracted to administer certain services, is liable for malpractice. In the Emergency Room (ER), hospitals are often held responsible for the medical malpractice of all ER practitioners.

Question 55

What can I do if the hospital wants to settle to avoid a lawsuit in an ER malpractice case?

Accepted Answer

In a case of medical malpractice, your attorney should contact the defense lawyer early on and determine if they are willing to settle and how much they are willing to offer. Settlements are cheaper than court cases; however, losing is a possibility if you choose to go to court. Get your attorney’s advice.

Question 56

How much can I expect from an ER malpractice lawsuit in Miami?

Accepted Answer

Each case has an individual set of circumstances and merits. An attorney can estimate the correct compensation for medical treatment, lost wages, pain, suffering, etc. There are also state-imposed caps on damages. A case settled out of court will obtain on average almost half the amount of court awards.

Question 57

Who is liable in a heart attack medical malpractice case?

Accepted Answer

In medical malpractice cases, it is usually the attending physician who should be sued, as they are usually independent contractors and not hospital employees. Other medical practitioners, lab technicians, etc. can also be sued if they contributed to the injury.

Question 58

What is the statute of limitations for wrongful death in Florida?

Accepted Answer

The statute of limitations for filing a wrongful death claim in the state of Florida is two years from the date of death. For example, if your loved one passed away because of another's recklessness or negligence on September 1, 2020, you must file a Florida wrongful death claim by September 1, 2022. However, certain extensions may apply in very few cases, depending on the nature of the action. An attorney is able to assess the specifics.

Question 59

What happens if I was partially at fault for a motorcycle accident in Florida?

Accepted Answer

Often in motorcycle crashes, each party may play some role in causing the accident. In Florida, motorcycle riders are not barred from compensation if they were partially at fault for the accident. Florida is a comparative negligence state, in which the blame or negligence for an accident is distributed among the responsible parties. In each case, the court or mediator will determine what percentage of fault the parties held, and reduce a party's compensation by this amount. For example, if damages amounted to $100K and the automobile driver was 80% at fault, then the motorcycle rider is 20% at fault and would receive $80K.

Question 60

Why are left turns bad in Florida?

Accepted Answer

Each year there are almost 400K traffic accidents in Florida. When driving in Miami, you should slow down at intersections. Top complaints against Florida drivers include people who don’t use their turn signals and people who aren’t paying attention when the light turns green.

Question 61

What assets are untouchable in a high net worth divorce?

Accepted Answer

Separate property acquired before marriage is not typically split up in a high net worth divorce. This includes gifts, inheritances, trust funds, or even real estate, but some exceptions can enter into force and turn such assets into marital property.

Question 62

How do child support guidelines change in a high net worth divorce?

Accepted Answer

Because child support payment is calculated differently in high net divorce cases, the parent who has to offer it will usually have to provide a significantly greater sum of money than one would have to following a regular divorce. Therefore, it is essential to work with a specialized lawyer to avoid paying excessive child support even if you are a high net worth individual.

Question 63

How do Florida courts divide a business in a high asset divorce?

Accepted Answer

Dividing a business in a Florida high asset divorce is a three-step process, requiring methods of identification of marital and separate assets, business valuation, and equitable distribution. Thus, a marital business is either divided by one spouse buying out the other’s interest in the business, splitting the proceeds between the parties after selling the business, or by spouses continuing to co-own the business.

Question 64

What common issues are associated with high net worth divorce?

Accepted Answer

There are numerous assets and complications to work through in a high net worth divorce. The duration and outcome of such a case can be influenced by several property issues that exceed valuation and division, involving business-related transactions, tax considerations, privacy matters, and other complex family disputes.

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