Seatbelts Can Save Your Case

by Chris Ligori on May 15, 2012

Buckle UpIn Florida, Statute 316.614 requires all passengers under the age of 18 to wear a seat belt or be restrained by a child safety device. Your car accident case can suffer if you don’t follow the law. Seatbelts are serious business, and not just for limiting the amount of injury you receive in an auto accident.

If you or your passengers weren’t wearing a seatbelt at the time of a car accident and are injured, the injured parties may receive less compensation. Defense lawyers can use what’s called a seatbelt defense, arguing that you wouldn’t have been injured, or as severely injured, had you been wearing your seatbelt, thus lessening the percentage of fault for the other driver. Florida is a comparative negligence state, which means your negligence could have a serious impact on your final settlement, even if you didn’t cause the accident. Percentage-wise, if the jury found you to be 60 percent responsible for your own injuries, through negligently failing to wear a seatbelt, you would only receive 40% of your fair compensation from the driver who hit you.

Just in case you needed more reasons to wear seatbelts! Be safe and buckle up.

Settlement Offers: When to Settle, and When to Keep Negotiating

by Chris Ligori on May 8, 2012

Throughout the settlement process, your personal injury lawyer will contact you with updates on how the negotiations are going with the at-fault driver’s insurance adjuster. Don’t be dismayed by the first offer – it’s not the final word. Your lawyer will be able to advise you about whether you should accept the offer or request a different amount, and like most negotiations, the first offer is rarely the best one you’ll get.

It’s in the adjuster’s interest to offer you the bare minimum to compensate you for your medical care, pain and suffering, loss of wages, and other accident-related expenses. Sometimes, their first offer won’t even cover the minimum. Approximately 95 percent of personal injury cases are resolved by settlement, rather than trial. This is where having an experienced lawyer becomes very useful, because a lawyer who has worked many personal injury cases arrives to the negotiations with a reputation for not accepting low-ball, unfair offers and, when necessary, forcing insurance companies to try cases.

Ultimately, the decision of whether to settle or not is yours. However, your lawyer will be able to provide the best advice from experience on whether an offer is fair, or whether you need to re-negotiate for further compensation.

How Cell Phones May Help You Win Your Personal Injury Case

by Chris Ligori on May 1, 2012

Determining liability (who is responsible) for an accident often depends on whether someone was negligent – not paying attention. The way the law works is that if one person involved in an accident was less careful than the other person or people, the less careful person has to pay all or part of the damages for the more careful people.

Cell phone use is called an “outside factor,” and outside factors help to prove negligence.

Talking and texting while driving have been proven to distract drivers and be a factor in causing collisions. If you can show that the other driver was using their cell phone, be sure to mention it. Even in states that haven’t outlawed hand-held cell phone use while driving, having a witness or other proof that the driver was on their cell phone can help your case.

But, phones aren’t the only outside factors you can use to show negligence. Here are some other common distractions you should be aware of.

  • Was the driver eating and drinking while driving?
  • Was the driver setting or changing their GPS system?
  • Were there children or dogs in the car causing a disturbance?
  • Was the driver putting on makeup?

These outside factors can be difficult to prove, but if you notice something, tell your lawyer. If the claim goes to court, your lawyer can demand to see the other driver’s cell phone records, helping to prove his or her liability.

You should also know that if you were distracted, and your negligence is partially responsible for the accident, you have to be honest about it with your lawyer. Your lawyer has to know the whole story in order to help you get fair compensation.

Proving Liability in a No-Fault State

by Chris Ligori on April 24, 2012

Of course, “No Fault” is something of a misnomer. It simply means you have Personal Injury Protection under Florida law that pays for 80% of your medical bills and 60% of lost wages up to $10,000 when you are involved in an accident, no matter whose fault the accident was. However, you have to recover the rest of the money for your medical bills and lost wages from the at-fault party’s insurance company, and for that, you do indeed have to prove who caused the accident.

Liability works differently according to the specifics of each accident. Basically, you need to identify causation, show negligence, and establish provable damages. Many accidents are the result of a distracted driver, but proving driver distraction after the fact can be difficult. Start by detailing everything that happened at the scene and get witness contact information if possible. If there are no witnesses present, take photos to establish whether there are skid marks – no skid marks imply the driver wasn’t paying enough attention to slow down. Police reports also help, and with photos, can tell a pretty accurate account.

Be your own detective and notice things that could have distracted the other driver. The police accident report will make note of details like if there were multiple kids in the car, or dogs, or open maps in the passenger seat, or any evidence of texting. And the police will be looking at you also to determine whether you were partially negligent. If you did absolutely nothing wrong, make sure you demonstrate that in your account of what happened.

The Best Legal Advice You’ll Ever Get

by Chris Ligori on April 17, 2012

PaperworkIt’s simple. The best legal advice I can give you is to put everything in writing and organize your paperwork. The claims process can take months or years, and in that time you’ll have to submit information, and resubmit information (adjusters have been known to lose paperwork), which means you have to be able to find that information. Keeping track of all the facts of your case and the documents you’ll need as evidence is one of the most important things you can do to help your case, and help your lawyer.

The paperwork may include:

  • The insurance, vehicle, and driver contact information of the other driver or drivers involved in the collision.
  • Witness statements and contact information.
  • Medical records.
  • Police reports.
  • Record of communications with the adjuster (take notes while on the phone).
  • Copies of any written communications with the adjuster.
  • Appraisals of damage to your vehicle, repair records, and/or settlement offer on a total loss.
  • Any other relevant documents.

If the adjuster questions any part of your case, you have to have evidence of the truth at your fingertips. In a related note, if you are having phone conversations with an insurance adjuster, write follow-up letters (keeping a copy for yourself) to the adjuster that reminds them of the date by which they promised to respond to you and any other information pertinent to the phone call. The paper trail may help if you find yourself in court, but even if you don’t go to court, everyone is more careful when they know you’re writing down what they say.

How Settlement Negotiations Work

by Chris Ligori on April 10, 2012

Medical BillsOnce your lawyer has all the facts, and the medical bills and reports are in, it’s time for the insurance adjuster and lawyer to work out the settlement. While you’re waiting for weeks or months to hear an offer, this is what’s happening behind the scenes.

Your lawyer sends an injury demand letter to the insurance adjuster assigned to your case. This opens the negotiation process by making the first request for a specific amount of money. That amount is based on your medical bills, doctor’s reports, and the severity of damage to your vehicle, among other things. If you’ve hired an experienced car accident attorney, the insurance adjuster will probably already be familiar with him or her and hopefully won’t waste time on ridiculously low offers.

The insurance adjuster will analyze the facts of the claim and may try to downplay their client’s negligence and place more liability on you, the victim. They may try to make a case that the accident was partially your fault, thus limiting the amount of compensation they have to provide. They could also question medical treatments they don’t agree with, such as alternative medicine or “too many” tests. Your lawyer, using all your documentation, will defend your bills and establish your lack of liability.

From here the haggling goes back and forth with offers and counteroffers. Usually the process results in a final offer, which your lawyer then presents to you and asks if it’s an amount you are willing to accept. But, if the insurance company refuses to offer a settlement that you find acceptable, you may choose to file a formal civil lawsuit.

Many factors determine how long the negotiation process takes, and insurance companies are never in a hurry to lose money. Fortunately, by hiring a lawyer, you don’t have to spend months haggling, defending, and counter-offering yourself. The best thing you can do at this point is to be patient.

 

Why the Law Should Change on “Stand Your Ground”

by Chad Pilon on April 9, 2012

By now we have all heard about the Trayvon Martin tragedy, the young man who was shot and killed by Andrew Zimmerman in Sanford, Florida. What most don’t know is that depending on the intricate details of the investigation, Mr. Zimmerman could be protected from going to jail under Florida law, but will it protect him and others from civil liability?

Florida has two provisions of law that may apply to the Trayvon Martin case.  The first, is Florida Statute 766.012, the most common provision of the “Stand Your Ground” law, which says you may meet force with force, and may use deadly force and do not have to retreat, if you reasonably believe that the force is necessary to prevent imminent death or great bodily harm.

Also, Florida Statute 776.041 is the provision of our laws that covers the use of force by the person who is the aggressor (a person who starts a confrontation).  Remarkably, the law states that the aggressor may still use deadly force if:

“Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.”

This law says that even if you pick a fight and you lose, as long as you “reasonably believe” you are going to die or suffer great bodily harm, and you try to escape, you can kill, or, if the aggressor simply believes that they are done with the fight and tells the other person, you can still “stand your ground” if you believe you are in imminent danger of death or great bodily harm.  In other words, a bad guy can come up to you with a gun, with the intent of harming or killing you, put a gun to your head, and when you defend yourself, with equal force, the bad guy can simply say: I’m done, I don’t want to kill you anymore, and shoot you if you don’t believe him.

Florida also has another law on this subject that may protect Zimmerman from both criminal prosecution, which includes arrest, and from civil action for his actions.  Florida Statute 766.032 states that if a person uses force, even deadly force, they cannot be arrested, detained, or sued.  Even more, if they are sued for civil damages or wrongful death, they would be entitled to reimbursement for all reasonable attorneys’ fees, court costs, lost of income, and all expenses if the defendant is found “immune” from prosecution.

If Zimmerman is “immune” from prosecution under Florida’s law, then he cannot be sued for the wrongful death of Trayvon Martin.  If he is, he would be entitled to recover his own damages and expenses incurred in defendant his actions.  Interestingly, Trayvon Martin’s family’s ability to enforce their rights in civil court, hang on law enforcement’s decision of whether there is probable cause that the shooting was “unlawful.”

Written in collaboration with attorney Christopher Ligori.

How hit and run car accidents work in personal injury cases

by Chris Ligori on April 3, 2012

car accidentYou’re making a left turn when suddenly a truck hits your front bumper, flies past, and disappears down the road. Florida ranks third in the nation for hit and run accidents, averaging 3,300 accidents annually. What can you do if you are one of the victims?

First, call the police to the scene immediately, and if you can, take down the make, model, and license plate of the vehicle that hit you. You’ll need to give the police a detailed description of the vehicle and driver. With any luck, there are witnesses ready and willing to help, and if there are, be sure to get their contact information and have their statements included in the police report.

Take photos of the damage to your vehicle and the scene of the accident. Cell phone photos are fine if you don’t have a camera with you.

Report the accident to your insurance company as soon as possible since there are often time limitations for reporting accidents.

If you’re injured, see a doctor as soon as you can and contact a personal injury attorney.

Understanding your own insurance policy is the first step you need to take when you’ve been involved in a hit and run accident. Your PIP will cover most of your medical bills and a little over half of your lost wages, if there are any, but you’ll still have to cover the percentages the PIP doesn’t pay. If you have other insurance, ask if your plan includes “uninsured motorist coverage.” If you have uninsured/underinsured coverage, you can recover damages from your own insurance company.

 

3 Odd Questions Your Lawyer May Ask You

by Chris Ligori on March 27, 2012

ParkMonths after your accident, when your lawyer is ready to begin settlement negotiations with the at-fault driver’s insurance company, you might find yourself answering questions you never expected. Here are three questions you may encounter that might seem to come out of left field. But being prepared to answer them may help your lawyer in getting you a fair settlement.

1.   Were or are there any activities, hobbies or sports you performed on a regular basis before the accident that you were, or have been, unable to do after the accident?

For this question, think carefully about every kind of activity you do, from household chores, to picking up your children or grandchildren, to gardening, hiking, jogging, sitting through a movie, or going to the gym. Were those activities affected in any way? For how long? Can you do them now? List out every activity that was affected and give details.

2.   Are there any out-of-pocket expenses you incurred as a result of the accident?

You probably didn’t keep a record of every ice pack, box of over-the-counter medication, or back pillow you bought after the accident, but that is exactly what this question asks for. Documentation of out-of-pocket expenses is required for you to be compensated, so keep all receipts in a safe place. If you needed to hire household help because of your injuries, list those expenses also and be prepared to document them.

3.   How did this accident adversely affect your life?

This can be one of the most difficult questions to answer precisely because it’s almost too easy to answer. Where do you start? You’ve been injured, you’ve spent weeks or more in pain, your time has been taken up with talking to doctors, going to physical therapists and dealing with repair shops.

Write down anything you believe is pertinent, including emotions if those emotions have had a demonstrably negative effect on your life. Ultimately, your case will be decided based on hard, verifiable, evidence, and your lawyer’s job is to take your words, sift through them, and find what he or she needs to help your case come to a fair conclusion.

Generally it is simply best to make a list of the things that are difficult for you to do or that you avoid doing because they are painful. Additionally, if you are having trouble remembering things, difficulty at school or work whether or not it is effecting your grades or quality or work, you need to tell your lawyer. There are some types of injuries that are not visible on an MRI and may need further investigation from different types of diagnostic testing.

Answering this question thoroughly will help your lawyer and your doctor understand the extent of your injuries.

Additionally, it is important for you to keep notes/records of every conversation you have with your insurance adjustor and the at-fault driver’s adjustor. Record the dates, times of conversations, what was said, and what you may need to follow-up on. If the at-fault insurance adjustor takes an unreasonably long time to respond, you may be able to take legal action in the future.

Missed work and inability to perform activities. Record activities you would normally be doing if you weren’t injured, like household chores, driving your kids to soccer, or going to the gym, even carrying grocery bags in from the car.

Writing down some basic things about your life and how this accident has effected it can definitely help your case and give your attorney and doctor an accurate assessment of your injuries and your case.

How to pay your bills when you miss work due to an auto accident

by Chris Ligori on March 20, 2012

Fortunately, you live in Florida, a no-fault state. Here’s why you are so lucky. In Florida, and eleven other no fault states, up to 80% of your medical bills and up to 60% of lost wages are automatically covered by your own insurance under the PIP (Personal Injury Protection). The PIP will give you money up front so you can pay your most pressing bills, medical and otherwise. If the accident was serious and you were taken by ambulance to the emergency room, call your PIP adjustor and ask that they set aside a certain amount of PIP money to pay for your lost wages (assuming you know you’ll be missing work). Remember, the total PIP insurance only covers $10,000 of medical AND lost wages. Once you are over that amount (and medical bills are often extremely high), you’re on your own until the final settlement goes through, which could take months or years.

Even with the PIP, you have to pay 20% of your medical bills. Eventually, you will probably be reimbursed out of the at-fault party’s insurance. However, until then, the burden of repayment falls on you. If you haven’t already, contact an attorney immediately to represent your case. Then ask the hospital, ambulance company, emergency room, or whoever is sending you bills, if it would be possible to work out a low payment plan. Tell them you have an attorney and eventually you’ll be able to pay the amount in full. Until then, they may accept a small amount paid every month.

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