January 2020

WHAT COMPENSATORY DAMAGES COVER

After being injured in an accident, there are basically two forms of compensatory damages: economic and non-economic. Furthermore, these damages provide auto accident victims with compensation to help them recoup losses from the accident. So, for additional info on what compensation you’ll eligible for, contact a Tampa auto accident attorney.

Understanding Compensatory Damages

First, when seeking compensation for an auto accident, compensatory damages are commonly awarded to the injured person. Thus, this compensation helps the individual make up for losses suffered from the accident. The most common compensation for damages are:

• Current and projected medical bills
• Pain and suffering
• Emotional trauma
• Lost wages, both current and projected
• Loss of enjoyment of life
• Damaged relationships
• Property damage

Punitive Damages vs Compensatory Damages

Secondly, though compensatory damages are more common, you could receive punitive damages in a personal injury case. However, not all auto injury settlements will include punitive damages. Additionally, judges award punitive damages to punish the gross negligence of the defendant. Some punitive damages awarded are:

• Court reporter fees
• Costs of exhibits
• Reproduction fee
• Fees charged by legal professionals
• Miscellaneous expenses

Compensation Limitations

Currently, the state of Florida does not limit compensatory damages. However, there are limits to punitive damages to keep damages from becoming excessive. Punitive damages may not exceed:

• Three times the amount of compensatory damages awarded.
• Or $500,000

CONTACT

After an automobile accident, you may not know what to do or who to call. Don’t struggle through the process alone. Lastly, our personal injury team is here to help you with any legal needs you might have regarding your car, motorcycle, or trucking accident.

Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.

BEWARE OF INSURANCE ADJUSTERS

A car accident settlement should be a simple process. An insurance adjuster measures your injuries, damages, and they pay you what is owed. However, this is not the case. Insurance companies are for-profit and make their money from high premiums and low payouts on claims. So, you need to beware of the tactics adjusters use to keep payouts low.

Don’t let them take advantage of you. The insurance company is going to try to pay you as little as possible, deny liability, and even delay payments. These are tactics they employ, hoping the claimants will go away. Insurance adjusters use many tactics in settlement cases. Here are some tactics you need to be aware of if you are in a car accident and have an insurance claim.

Limit Your Communication with The Adjuster

When you file an auto accident claim, the insurance adjuster will try to gather as much information as possible to use against you. Typically, they will try to befriend you to get you to say something they could use against your case, possibly. Remember, they are trying to save money, so don’t let them trick you with their charm.

Don’t Give a Recorded Statement

First, the law does not require you to give a recorded statement. Although, after accidents, insurance adjusters will still ask for a recorded statement. In fact, don’t give a statement without an attorney because anything you say can be held against you.

Your Medical Records

Similarly, it is not a good idea to release all your medical records. Therefore, if the adjuster asks for your medical records, don’t release all your records to them. Instead, have your records released to you and only pass along relevant information to the assessor.

Be Careful About Signing Anything

If they ask you to sign a release, don’t sign! Some injuries take a few days to show up, and their offer will likely not cover the medical treatment you need. Not to mention, you will forfeit your right to file suit.

They Do Not Want You to Have an Attorney

Lastly, the insurance company and adjuster do not want you to hire an attorney. Do not accept any legal advice from the assessor or insurance company. A personal injury attorney is an unbiased party only there to protect your rights and help you.

CONTACT

After a car accident, you may not know what to do or who to call. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.

Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.

PRE-EXISTING INJURIES & CAR ACCIDENTS

A health issue that exists before an automobile accident is a pre-existing condition. However, pre-existing injuries do not prohibit you from seeking damages from the accident. Consequently, a car accident could aggravate or worsen your pre-existing injuries. This is the “eggshell plaintiff” rule.

The Eggshell Plaintiff Rule

The “eggshell plaintiff” or eggshell skull rule states that a defendant is liable for a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional act. In other words, the negligent party cannot use your pre-existing conditions as a defense.

Insurance Defense

First, to be fair an insurance company should not have to pay for injuries that already exist. Because of this, insurance companies will deny your claim or decrease the amount of compensation when you have pre-existing injuries. This is a way for the insurance company to rebut financial responsibility for the accident. Even though, in most cases, this is not true.

Alternatively, the insurance adjuster could try to get you to settle quickly. They use this strategy to avoid paying the maximum amount. Because they know an auto accident attorney will seek full compensation for your injuries.

Auto Accident Attorney

Due to the chance of insurance denial, accident victims should get legal assistance from an auto accident attorney when a pre-existing injury is aggravated thanks to the carelessness of another party. Complicated cases like these may also require the help of a medical professional to clarify the difference from a previous injury compared to the injury received from the most recent accident.

Personal injury attorneys will facilitate assessments of the damages that someone has sustained, as well as pain and suffering, future medical expenses, the previous amounts of medical expenses accumulated, and loss of earning capabilities.

CONTACT

After a car accident, you may not know your rights. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.

Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.

ROAD SAFETY IS A TWO-WAY STREET

Road safety is a priority throughout the year. However, with the new year comes new year resolutions. Since most resolutions revolve around fitness, this means people will be exercising. More importantly, they will be out on the street walking, jogging, running, and even cycling.

With so many people heading out onto the road this January it is imperative we remember basic road safety. It starts with following the rules of the road. To keep everyone safe, avoid accidents, and injuries we have put together some safety tips.

Motorist Road Safety

First, we would like to remind motorists to share the road. Be vigilant as cyclists and pedestrians will typically be out in the morning and evenings. Additionally, drivers should follow these tips:

• Turn on their headlights during twilight hours
• Stop for pedestrians in crosswalks.
• Adhere to the posted speed limit.
• When turning yield to pedestrians and cyclists.
• Look before opening your car door.
• Be careful when passing stopped vehicles.
• Allow three feet when passing cyclists.

Cyclist Road Safety

Similarly, cyclists will be traveling on the roadways the same as motorists. Therefore, they must follow all the same rules of the road. In addition, to obeying traffic signs and lights cyclists must use signals to indicate if they are stopping or turning. However, here are some other road safety tips cyclists should also follow:

• Do not wear headphones while riding.
• Be predictable, ride with traffic, do not swerve in the lane, and do not pass on the right.
• Be visible – wear reflective clothing, use a front headlight, and rear red light or reflector.
• Wear a helmet.
• Carry identification like driver’s license or ID

Pedestrian Road Safety

Unfortunately, not all areas have sidewalks. As a result, pedestrians could be using the roadways alone side of the motorists and cyclists. Therefore, pedestrians are bond to the same rules of the road. Whether you’re walking or running here are some tips to help keep you safe out on the road.

• Look both ways before crossing the street.
• Use signaled crosswalks when possible
• Be visible, do not wear dark clothing
• Use a reflective device and wear reflective clothing during twilight hours.
• Carry identification like a driver’s license or ID bracelet.

If You Are Injured

Lastly, it is easy for drivers to forget they are sharing the road with cyclists and pedestrians. This can be dangerous for cyclists and pedestrians. Unlike the driver of a car, there is no protection for either the cyclist or the pedestrian in a collision. For this reason, an accident with an automobile could lead to serious injury or death.

In most cases of accidents that involve pedestrians or cyclists and an automobile, it is difficult to determine who is at fault. However, if you have an auto accident attorney, they will complete an accident scene investigation. This will help uncover the facts to protect your rights and allow you to recoup the maximum for your injuries.

CONTACT

After a car accident, you may not know what to do or who to call. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.

Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.

MOST COMMON TRAFFIC VIOLATIONS

For many people, driving is a part of everyday life. So, avoiding a traffic violation is essential for staying behind the wheel. However, most people are guilty of certain traffic violations at some point.

Even the most skilled driver can receive the painful reminder of a traffic ticket. Unfortunately, the reminder doesn’t end with a ticket. You could receive a fine and higher insurance rates as well.

Of course, knowledge of the rules of the road will help you avoid these traffic violations. Here are six of the most common traffic violations to avoid.

Speeding Tickets

It should come as no surprise speeding is the most common moving violation. With this in mind, pay attention to speed limits when driving. Especially in school zones, residential neighborhoods, and construction zones. Being conscious of your speed will help prevent accidents and reckless driving caused by driving too quickly.

Running Red Light

Trying to beat a yellow light could cause you to run a red light. Red light tickets are expensive and could cause your insurance rates to increase. Be mindful when approaching a light at an intersection and stop if the light is changing.

Following Too Closely

To begin with, you should always keep a safe distance between you and other vehicles. Especially, when you are driving in the rain or on wet roads as you will need more time to stop. You can receive a ticket for following another car too closely or tailgating.

Drunk Driving (DUI)

First of all, drinking and driving is very dangerous. When you drive drunk you not only put your life at risk, but you risk the lives of others. Typically, driving under the influence leads to many other traffic violations so it’s best to not drive if you have been drinking.

Wrong-WAY Ticket

Incidentally, most wrong-way drivers are under the influence of alcohol. Wrong-way driving is the number one cause of wrong-way crashes. To avoid wrong-way driving stay alert and watch for one-way street signs. However, if you find yourself traveling the wrong direction stay calm and quickly find a place to turn around.

Unsafe Lane Changing

You can receive a ticket for unsafe lane changes. Not using your turn signals, appropriate hand signals, or not allowing enough space when making a lane change could cause an accident. For this reason, it is important to indicate to other drivers when you want to change lanes. This will help to keep you and everyone else safe.

CONTACT

RHINO Lawyers can help and guide you through a system that has been molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.

Let the Tampa traffic ticket attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.