Winning Whiplash: How to Prove Your Whiplash Claim
A whiplash claim starts with you, minding your own business, driving down the street. It ends with you in excruciating pain that leaves you unable to work or function as you normally did. Your quality of life diminishes, and you no longer enjoy the basic activities that you loved before your car accident.
If you’ve suffered from whiplash due to a car accident, keep reading. These are the basic symptoms of whiplash and the ways you can prove your claim to the insurance company that is dragging its feet.
Medical Definition for Whiplash
Medically, whiplash refers to an injury to your neck caused when your neck bends forward and backward in a sharp, jerky movement. Some external force causes your neck to move in this way.
Whiplash most often occurs when someone rear-ends you.
When your head slams forward and then back, you often suffer tiny tears in your neck muscles and tendons. This, in turn, affects the stability of the discs and nerves in your neck. You experience pain at the time of the accident as well as weeks down the road.
Often the pain will increase as time increases, so you don’t know the full extent of your injury until well after the accident that caused it.
These are your basic symptoms:
- Pain in the neck
- Stiffness
- Low back pain
- Shoulder pain
- Pain in your hand or arm
- Numbness in your hand or arm
- Blurred vision
- Dizziness
- Irritability
- Memory problems
- Sleeplessness
- Fatigue
Because whiplash symptoms look like the symptoms of many other medical conditions, you need a doctor’s diagnosis to know you have whiplash. Do not just diagnose yourself.
Diagnosis and Treatment
If you do have whiplash, you’re looking ahead to some lengthy treatment options. But first, you need an official diagnosis.
A physician will ask for your complete medical history and give you a thorough physical exam from the start. They will test for whiplash using an X-ray, an MRI, and a CT scan. If your doctor suspects whiplash, you can expect the following treatment options:
- Ice application
- Gentle, active movement once 24 hours has passed
- Cervical collar for the first 24 hours
- Over-the-counter pain nonsteroidal anti-inflammatory medicine like ibuprofen
- Muscle-relaxing medicine
- Osteopathic manipulation or a chiropractic treatment
- Physical therapy
All of these treatments, together, will help you overcome the symptoms of whiplash. They also take time away from work and come at a great cost.
Proving Your Whiplash Claim
Because whiplash is not an obvious injury, you may have a difficult time proving your claim initially. When you are involved in a car accident, file an insurance claim immediately, even if you just have a small pain. Whiplash can manifest itself even more than 24 hours after the accident.
While you file the claim, do not rush to settle it. Let some time pass first and see what your doctor says. You do not know the full effects yet.
There’s a real possibility you may not be able to work, care for your loved ones, or function with the joy you had before your accident for quite some time. You deserve financial compensation for these losses caused by another driver’s carelessness.
But first, you need to prove that your inability to work or focus comes directly from the accident that caused your car accident whiplash. Many judges and insurance companies will attempt to say you had the injury previous to the accident or that you’re making it up.
Gather Paperwork and Evidence
X-rays alone will not prove your whiplash. You will need a full file of medical evidence on your side when you file your claim. Here’s what you should gather for your personal injury claim:
- Accident documentation: gather the information that states your speed, your position in the vehicle, the location of impact on the vehicle, the position of the headrest, and whether the airbags deployed or not
- Medical records: include all records that show you went to the doctor right away, including visits to specialists and medical records from before the accident to show the difference in your condition
- Medication records: show the medications you’ve had to take for pain
- Images: include results from X-rays, MRIs, and CT scans that show damage to your spine as well as the soft tissue
- Financial documentation: include all medical bills in this file especially your co-pays and deductibles that health insurance did not cover, lost wages, and the cost of traveling to your doctor.
- Emotional documentation: include documentation of the days when you could not do your normal activities because of your pain such as being a companion to your loved ones so you can include “pain and suffering” in your claim.
You should have a substantial file put together for your personal injury claim. You need more than just your story of how you’ve suffered. This evidence will help you build a solid case.
Hire an Attorney
Insurance companies tend to not believe all of their claimants. They won’t deny that you’ve been in a car accident, but they may claim your injury existed before the accident or that your injury isn’t as bad as you claim.
In these cases, you need to hire a professional attorney who focuses on personal injury claims. Look for an attorney with experience and a successful track record. Ask around or begin looking online for reviews on personal injury attorneys.
When an attorney does their job well, their clients will say so, be it online or in person. They will understand not just how to argue your claim. They will also understand the intricacies of the justice system that you have to navigate.
A good attorney will also protect your rights. The court system may attempt to file criminal charges against you, claiming you caused the car accident with your own negligence. The right attorney will protect your rights and know how to fight these charges.
Make Your Claim With Confidence
If you’ve suffered or are suffering from the effects of whiplash caused by someone else, make your whiplash claim with confidence. Gather your evidence and contact an attorney with experience who can help you win your case and move on with life.
When you need the best personal injury and accident attorneys in Florida, contact us. Our team of attorneys and support staff wants to help you receive the compensation you deserve.
Our attorneys work hard to guide clients through the maze of judges, lawyers, and insurance companies you will encounter. Furthermore, we only take payment when we win the personal injury case. We are that confident in our abilities.
Contact us and let us protect your rights.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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5 Strategies to Get Out of a Traffic Ticket
Approximately 112,000 drivers in America get a traffic ticket each day. So if you’ve been given a ticket, you are not alone.
Not only can tickets damage your driving record, but they can be costly. You may even have to go to traffic court to settle some moving violations.
If you’ve resigned yourself to paying the fee and taking the points, you should know that there are some simple ways to get out of a traffic ticket.
That’s right, several strategies allow you to walk away without paying a fine or losing points. Use any of these methods when you’ve been pulled over to get away scot-free.
1. Use Your Manners
Traffic cops don’t like it when you break out the theatrics and start crying to get out of a ticket. You’re much more likely to get what you want if you are polite and use your manners.
Start by keeping both of your hands on your steering wheel at all times. This keeps the officer from worrying that you are reaching for a weapon. If you need to get something from your bag or glove box, let the officer know first.
You can also engage in a conversation with the police officer. Ask him or her how their day is going and make small talk during the encounter. This humanizes you and can help you get out of the ticket.
Your attitude should be pleasant and helpful. Answer the officer’s questions respectfully and avoid becoming defensive or argumentative.
2. Be Honest
There’s a lot of advice out there telling you to come up with a good excuse when you get pulled over. While you might think yours is unique, chances are that the police officer has heard it before.
This is likely to irritate the cop and when that happens, the chances of getting out the ticket go down dramatically. It’s much better, to be honest, and open about the infraction.
Let the officer know that you recognize the law you broke. This might be speeding, running a red light, or failing to offer the right of way correctly. Whatever it is, acknowledge your mistake and apologize for it.
Cops are lied to every day and they naturally get tired of it. Having an honest interaction is refreshing and could leave you with a warning instead of a ticket.
3. Mistake of Fact
If you can prove that your moving violation was due to something beyond your control, you may be able to get out of the ticket. This is often referred to as a mistake of fact.
It could happen if something is covering a stop sign or if a traffic sign is too faded to see properly. There are many instances when you can rely on a mistake of fact to get out of a ticket.
If this is your defense, try to get pictures of the sign or area on the road so that you have proof that the traffic violation occurred due to circumstances outside your control.
In these instances, your traffic ticket may be thrown out because you made an honest error. However, you can’t use this excuse and then try to come up with a reason later.
You need to have an honest occurrence to make your case with the mistake-of-fact defense.
4. Have an Excuse
This advice comes with a caveat. You should never use false excuses to get out-of-traffic tickets. It may work sometimes, but if you get pulled over and are planning on disputing a traffic ticket in court, your lie may be discovered.
However, if you have a real excuse, don’t be afraid to use it. For example, if you’re pulled over for speeding because you’re racing to pick up your injured child from school, don’t be afraid to let the officer know.
Stay away from excuses that aren’t reasonable. Being late for work, needing to use the bathroom, or trying to get to the store before it closes are excuses that aren’t going to work in your favor.
Irritated cops are more likely to hand out traffic tickets, so don’t use lame excuses to get out of it. Real reasons to break traffic laws may be overlooked, but be realistic about what might actually get you out of the ticket.
5. Show Up in Court
If you are handed a ticket after being pulled over, hope isn’t lost. You can still try to get out of the ticket in court. The most important way to do this is to show up at the appointed time.
A traffic ticket dispute is much more likely to go your way if you appear on time, look professional, and are prepared. Have all of your paperwork together and be ready to make your case.
If you are nervous or uncomfortable doing this on your own and feel that you have a solid case, consider hiring a criminal defense attorney to help you navigate the process.
What Not to Do When Trying to Get Out of a Traffic Ticket
Just as there are many things you should do when you’re trying to escape a traffic ticket, there are some things you shouldn’t do.
As mentioned above, using false excuses is not a good idea. Lying is never advised, as getting caught in the lie certainly won’t help your case.
Avoid making inappropriate jokes. Don’t tell the officer you were speeding because you just robbed the bank, for example.
Never get out of your car during a traffic stop. This is dangerous for you and the officer. Always pull to the right, unless otherwise instructed.
What’s Next?
So you got pulled over and want to get out of a traffic ticket. It’s entirely possible that you could talk your way out of it using any of the tips on this list.
Remember that cops are people, too. Be polite and respectful. They are doing their job and you can make it easier for both of you by doing your part to end the interaction on a positive note.
Contact us today and we’ll help you every step of the way.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system 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 RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Should You Hire a Lawyer After a Dog Bite Injury?
Did you know that more than 4.5 million people across the United States are bit by dogs each year? And, more than 800,000 of those individuals will need to seek medical care as a result of the attack or accident. If you have sustained a dog bite injury, you may be in shock or feel significant pain.
As a result of the accident, you may even have to take time off from work or not be able to perform regular day-to-day activities. When a dog bite interferes with your life and ability to earn a living, you need to take action. A dog bite constitutes a personal injury and you may need to hire an attorney to help you navigate this trying time. Read on to learn about the right moment to hire a personal injury lawyer and what to do after being bit by a dog.
A Dog Bite Injury Is a Personal Injury
What does personal injury entail? A personal injury occurs when an individual is in an accident or sustains an injury.
In this situation, the case pertains to the legal concept of liabilities and damage. As a result of the accident or injury, someone may be liable and have to pay for damages. That payment is a settlement or award that can help the victim recover from the injury, pay for medical expenses, and more.
Firms like RHINO Lawyers have the experience and knowledge to handle personal injury cases that involve dog bites and a variety of other accidents. The attorneys serve the Florida area and work hard to get you compensation for your pain and suffering. It is important to work with a dog bite lawyer who understands local legislation and has the case experience to handle your claim.
When to Hire a Personal Injury Lawyer
Now that you understand your dog bite can be a personal injury, you may be wondering when is the correct moment or circumstance to look for a dog bite injury lawyer. Whether you sustained a minor bite or debilitating attack, you must keep records of the accident to the best of your ability.
That entails recounting the events of the attack and seeking medical attention as soon as possible. A lawyer will use these details and medical evidence to support your case:
You Sustained Injuries
Do you have injuries as a result of a dog bite accident? Perhaps you were hospitalized for a torn muscle or broken bone. Or, you may have sustained serious medical issues like blood loss or the onset of rabies.
You may even have emotional trauma as a result of the accident. These injuries may warrant medical attention and therapy. That can become extremely costly and may not be covered by insurance.
If you have evidence of injury, you may need to hire an attorney to evaluate your medical condition to get the settlement you deserve. But in some situations you may not have a medical record of the accident or a preexisting medical condition could complicate your case and likelihood of settlement. An experienced lawyer can bridge this gap and do the work to favorably settle your case.
You Need Compensation
Have you stopped working as a result of your accident? Do you have a growing pile of medical bills requiring payment? If a dog bite injury has prevented you from continuing to work or you are unable to pay for your medical care, you need to hire an attorney to help you.
Most Americans can’t afford to stop working and rely on weekly income to stay ahead of living expenses. A lawyer will address damages and accurately identify your medical expenses and future medical needs. This ensures you’ll receive the payments you need to survive and thrive.
An Owner Is at Fault
In most states, the owner can be liable for any damages caused by their dog. If you know the owner is at fault, there may be some complications. For example, the owner may deny your claim or make false statements about the details of the accident.
If you were attacked by a neighbor’s dog, this wreaks havoc on neighborly relations and may make you feel unsafe or uncomfortable at home. A lawyer can help you manage these complicated issues and remove you from the dialogue.
Let your attorney gather the required information, speak with the main players and do the work to settle your case. You won’t have to worry about straining relationships or adding additional stress to your situation.
You Lack Legal Acumen
Do you understand the legislation that pertains to dog bites? Do you know what medical evaluations or evidence to submit to the court? Have you ever appeared in court?
Rhino Lawyers has the experience and legal acumen to guide you through this confusing and overwhelming time. Leave your legal questions and issues to the professionals. When you hire Rhino Lawyers, the firm becomes your ultimate support and advocate to reach the settlement you hoped for.
A Lawyer Can Help You Move Past Your Dog Bite Injury
A dog bite injury is a serious and painful medical issue. Besides the physical ailments, you may experience emotional trauma and stress as a result of the accident. During these difficult times, the last thing you need to worry about is sorting through confusing medical claims or legal paperwork.
If you are questioning whether you need to hire a lawyer to settle your case, refer to this guide. These situations and examples can help you understand the intricacies of your case. As well as, how an attorney may be able to get you the settlement you need. If you have more questions about your dog bite injury case or other personal injury suits, contact RHINO Lawyers for a free case review.
CONTACT A Personal Injury ATTORNEY
In short, after an accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Dangerous Motorcycle Accidents On 5th Avenue In St. Petersburg FL
Motorcyclists in St. Petersburg face constant risk from careless drivers who don’t take the time necessary to monitor the lanes in front of them. This lack of attention is especially dangerous when motorists attempt to turn in front of oncoming traffic.
A glance may not be enough to identify the smaller profile of an approaching motorcycle. Especially at night, when seeing a single headlight can confuse drivers. Motorists can proceed with the turn thinking the coast is clear. Yet, only to find out too late that a rider was much closer than they thought.
Suddenly, motorcyclists have a huge obstacle crossing directly in front of them. They may have little time or room to avoid a devastating collision that can result in a severe injury. And in the worst cases, the loss of a precious life.
Motorcycle Accident Claims the Life of a St. Petersburg Man
A man on a motorcycle tragically lost his life after colliding with a vehicle over the weekend. The Tampa Bay Times reports the accident occurred Saturday night along 5th Avenue South at the intersection of 34th Street on August 14, 2021.
St. Petersburg Police responded to the scene shortly after 8:50 p.m. They say a Dodge four-door car was attempting to turn onto 34th Street and proceeded in front of an oncoming motorcycle traveling on 5th Avenue S. The motorcycle struck the right side of the car.
The rider was identified as a 28-year-old St. Petersburg man. He was pronounced dead at the scene. St. Petersburg Police Officers continue to investigate the circumstances of the accident.
Finding Support for Families After a St. Petersburg Motorcycle Accident
Motorcycle accidents are especially heartbreaking because victims are taken from us while doing something they loved. The families of motorcycle accident victims can face the challenge of coping with such a tragic loss. They also have to face the enormous bills that can arise from the tragedy.
To get help with these costs, close relatives can file a wrongful death lawsuit against the at-fault driver’s car insurance provider. This civil claim seeks to earn money for the family to help pay for emergency services and ambulance fees. A wrongful death claim can also provide for funeral and burial costs so that the family isn’t unfairly targeted by these enormous expenses.
Families should also receive support for the loss of guidance and financial support. This should factor in the future losses a family will suffer when the weekly paychecks the deceased may have provided through his or her job will no longer be available.
Contact a Motorcycle Accident Lawyer Serving Families in St. Petersburg
Insurance companies have preconceived notions about motorcyclists, and families must beware of adjusters trying to shift blame in an accident onto the rider. This tactic can save insurance companies thousands of dollars, and rob loved ones of the support they desperately need.
Let RHINO Lawyers’ motorcycle accident attorneys defend your family’s rights and protect your interests when calling upon an insurance company for help.
We offer victims and their families a Free Case Analysis that you can take advantage of now by texting us, chatting with us online, completing the form below, or by calling 844.RHINO.77.
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What Are the Most Common Types of Car Accidents in Florida?
Did you know that Florida tends to rank as the third-highest state in the US for traffic accident fatalities? What are the most common types of car accidents in Florida, and how can you avoid them?
Read this guide to learn about common car accidents, the injuries that often occur, and what to do in each case.
Most Common Types of Car Accidents
The most common type of car accident in Florida is the rear-end collision. Other common accidents are T-bone or side collisions, head-on collisions, sideswipe crashes, and single-vehicle crashes.
Another rarer type of accident is a multi-car collision. These often take place on long stretches of highway such as I-75. As well as in areas where there is hazardous fog or other low-visibility conditions.
We’re going to go through each of these kinds of accidents and what injuries you might expect. Then cover how to prevent these accidents from happening to you.
Rear-End Collisions
Rear-end collisions are the most common car accident that we see in Florida. These accidents are often caused by either distracted driving or tailgating (when drivers stick too close to the car in front of them).
When either of these things happens, and the car in front must stop suddenly due to a traffic light or an obstacle, the car that is too close behind them or the driver who is not paying attention crashes into the back of the car in front of them.
The most common injury that occurs in these accidents is whiplash, where the front car’s driver’s neck moves back and forth rapidly. This can lead to painful complications if not treated.
You can prevent a rear-end collision by driving the recommended following distance behind other cars, driving distraction-free, and, if someone is tailgating you, move to the side to allow them to pass.
T-Bone and Left-Turn Collisions
In T-bone collisions, the front of the car impacts the driver or passenger side of the other car, which, for the side-impacted car, can be very dangerous or fatal. The car door can buckle in and trap the driver or passenger inside.
If the driver had their hands on the wheel, their arms might break from the impact of the other car. And if that car was going fast enough, the car might roll, or push the car hard enough to crush the driver.
These types of accidents happen most often at intersections where one car is turning left, and the other is going straight through. Or where one car is going east-west while the other goes north-south, and they meet in the middle. This would only happen if one of the cars was running a red light, so it can be easier to avoid.
Left-turn collisions are more common and very dangerous for passengers. To avoid these, make sure that you have a green arrow and that you check twice for other cars coming straight through the intersection before you turn.
Head-On Collisions
These collisions are more deadly but less common than some other types of accidents. To collide with a car head-on, you or the other car would have to drive the wrong way on a road.
This can happen when you are passing another car on a two-lane road. Otherwise, this only happens in the case of drunk or distracted driving. Distracted drivers can come out of their lane, impacting a car coming in the opposite direction.
In this case, more so than others, you must wear a seat belt. If you don’t, the force of the impact can throw you through the windshield of your car and into the windshield of the other car. Your arms or body could be crushed by your steering wheel, your head could hit the dashboard, and all kinds of other injuries could occur.
Sideswipe Crashes
These accidents tend to happen on larger highways or interstates where cars need to merge and change lanes. This type of car accident has one car slide along or hit against the side of another car.
These can do a lot of aesthetic damage to the car, including breaking the mirrors or creating a lot of scratches along the side. If the impact is at a certain angle or a high enough speed, the passengers could get hurt, or the car could turn out into another lane of traffic, and there’s a possibility of a secondary collision.
To avoid these crashes, make sure to check all your blind spots whenever you are merging or changing lanes, especially on a busy interstate highway. If you are close to an on-ramp for the highway and you see another car trying to merge, move to the middle lane if it is safe to let them in.
Single-Vehicle Crashes
These types of crashes involve one vehicle impacting an object such as a traffic light pole, guard rail, or tree. Sometimes another car is indirectly involved, such as if the driver had to swerve to avoid hitting the car and impacted the object instead.
If this happens to you, try to swerve delicately around the other car and avoid harsh turns, as this can flip your car. But, if you have to impact something, try to hit the brakes and go to the bushes, rather than solid objects such as trees, rails, or poles.
If you hit a solid object, your car comes to an immediate stop, and all the force of the impact is on the car and you, instead of slowing down over time. Injuries you could see include crushed rib cages, head trauma, and worse.
What to Do if You Get In a Car Accident
If you get in a car accident, you should first check yourself and the other passengers of your car to see if you are in immediate danger, and escape the car if so. Tend to any wounds, and call an ambulance if needed.
Then, call the police to file a report, and call your lawyer while you get the insurance information from the other vehicle. In the case of distracted driving, see if you can gather proof that the other driver is at fault. Your car accident lawyer can help you investigate the situation to make sure you get the compensation you deserve.
In the case of a hit-and-run crash, try to get the license plate number of the car as they drive away, or at least a description of the car, and note the time and location of the crash. Call the police right away. For multi-vehicle crashes, get the information of every vehicle involved, just in case.
Your Car Accident Attorney
The most common types of car accidents in Florida are rear-end, sideswipe, head-on, and T-bone collisions. If you do get into a car accident, you should contact your attorney so you can get legal advice and help in the case of a personal injury.
Contact us today, and we can help you with your case, with a complete analysis to make sure you get honest and fair treatment.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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A Basic Guide to the Statute of Limitations in Personal Injury Cases
A recent survey found that 19% of American households have accrued medical debt that they can’t currently afford to pay off. Unfortunately, outstanding medical bills and debt are a common American problem. What if your medical bills are the result of someone else’s negligence? If you believe that your medical issues were caused by another party, you may be entitled to file a personal injury claim. However, you have to do so before the clock runs out. This is because every state has a statute of limitations on personal injury claims. What is the statute of limitations on personal injury claims in the state of Florida? How do you know if the clock has run out on your case? Read on to find out.
What Is the Statute of Limitations?
If you’re unfamiliar with the term, “statute of limitations” refers to the amount of time a plaintiff has to open a specific case or claim. Another way to look at it is the amount of time a plaintiff has until the clock runs out. After that, their case or claim is no longer valid in court.
Why does the statute of limitations exist?
First and foremost, the statute of limitations protects the salience or validity of a case. It is set based on the time period in which evidence is still considered reliable.
It is also designed to protect the defendant. Ultimately, the defendant is entitled to a fair trial and the ability to defend themselves against accusations that may be false. For example, raising accusations about a car accident that occurred thirty years ago would infringe upon this right.
What Is the Statute of Limitations for Personal Injury Claims?
The filing deadline depends on the type of Florida claim. For most negligence claims arising from incidents on or after March 24, 2023, a lawsuit must generally be filed within 2 years. Claims arising from earlier incidents may be subject to Florida’s former four-year negligence period. Other types of personal injury claims can have different deadlines. Therefore, the applicable statute should be checked for the specific case.
Does Discovering an Injury Later Extend the Deadline?
Not automatically. Florida does not apply a blanket delayed-discovery rule to every ordinary negligence case simply because an injury is discovered later. Florida law provides delayed-discovery rules for certain types of claims. These include medical malpractice, professional malpractice, fraud, product-liability claims, and certain abuse claims. The correct deadline depends on the type of claim and when it legally accrued.
Are There Different Rules for Minors?
Sometimes, but being a minor does not automatically create a seven-year statute of limitations for every personal injury claim. Florida law allows tolling in certain situations involving a minor. These include periods when no parent, guardian, or guardian ad litem exists, has an interest adverse to the minor, or is legally unable to sue. Medical-malpractice claims involving minors have separate statutory rules. Because these exceptions are specific, the deadline should be determined from the facts of the particular case.
What Is the Statute of Limitations for Medical Malpractice?
Florida medical-malpractice claims generally must be filed within two years from the incident that caused the claim or within two years from when the incident was discovered. Alternatively, they must be filed within two years from when the incident should have been discovered with reasonable diligence.
Florida also has a four-year statute of repose. In general, a medical-malpractice action cannot be commenced more than four years after the incident, even if the injury was discovered later. However, there are important statutory exceptions.
Fraud, Concealment, or Intentional Misrepresentation
If fraud, concealment, or intentional misrepresentation prevented discovery of the injury, Florida law extends the period for two years from discovery or when the injury should have been discovered. In general, it cannot be extended for more than seven years after the incident.
Claims Involving Minors
The four-year medical-malpractice repose period does not bar an action brought on behalf of a minor on or before the child’s eighth birthday. The underlying two-year limitations rule and other procedural requirements can still matter. Therefore, the deadline should be determined from the specific facts.
What Is the Statute of Limitations for Product Liability?
Product liability is another case that falls under the personal injury umbrella but has its own statute of limitations. Like standard personal injury claims, you have four years after the date of the injury to file a product liability claim.
However, this does not apply if a product was purchased over 12 years ago. According to Florida state law, all products have a reasonable useful life of 10 years.
In other words, if you suffered an injury from a malfunctioning toaster you purchased 15 years ago, you do not have grounds to file a claim.
Ready to File a Personal Injury Claim? We Can Help
There are far more laws that apply to personal injury claims than just the statute of limitations. If you are considering filing a personal injury claim for any reason, we always recommend that you work with a personal injury attorney.
To ease your burden, we always start with a free case review. To get started, contact us today and let us know about the circumstances of your injury. We will provide the best legal guidance and representation in Tampa, Florida.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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5 Qualities to Look for in a Motorcycle Accident Injury Lawyer
After being involved in a motorcycle accident, you may be left feeling overwhelmed and confused. You’re worried about the next legal steps you need to take to ensure you’re compensated for any injuries or damages. You want to be sure you make all the right moves all while also focusing on your health. At this moment, the most important factor is good health and finding your way back to it. For this reason, it’s important to hire a motorcycle accident injury lawyer. A lawyer with experience in motorcycle accidents can ensure all the right legal steps are being taken for your case while you relax and focus on your health.
How can you be sure to find a motorcycle accident lawyer that’ll have your best interest in mind? There are several qualities to look for when choosing a reputable lawyer for your motorcycle accident. In the guide below, you’ll learn what a few of these qualities are.
Continue reading to get started!
1. Someone With Experience
When first starting your search, look for a lawyer with experience. Experience means a few different things. For starters, you should want to hire a lawyer who’s been in the law business for several years.
They have experience handling legal matters and working with clients. They’re reputable and trustworthy, and that’s why they’ve stayed in business for so long. Experience also means someone who’s dealt with cases similar to yours.
You don’t want to simply hire any injury lawyer or a car accident lawyer. You want someone with experience specifically dealing with motorcycle accidents. There’s a difference, so this is essential.
Lastly, you want someone with experience in your state. Each state has its own laws, so finding a lawyer who’s well versed in your specific state’s motorcycle laws is also important.
2. Someone With a Good Reputation
Next, be sure the lawyer you hire has a good reputation. What are past clients saying about this lawyer? You can find this information by visiting the lawyer’s website or social media pages and searching for testimonials.
You can also find reviews on review sites online. Another great way to get some insight into a lawyer is by asking for references. If you’re given at least one or two references, then be sure to contact each one.
Ask them what liked and didn’t like about working with the lawyer. The past client might even be able to tell you if the lawyer won their case or not. This is all-important information to keep in mind when making your selection.
3. Someone Who Communicates Well
Another factor to keep in mind is how well the lawyer communicates with you. You want a lawyer who’ll communicate well. Throughout the process, you’ll most likely have a variety of questions come up that you want answers to.
Be sure to find a lawyer who’s willing to answer any questions you may have. If they don’t know an answer to one of your questions, then will they go out of their way to find it? Do they offer multiple methods of communication?
For example, if you need to get ahold of the lawyer, can you text, call, email, or chat on the website? Be sure to go over what your and their preferred method of communication is. Your lawyer should also keep you updated on your case throughout its process.
If anything changes or anything new comes up, then these are things that should be communicated to you.
4. Someone Who’s Honest About Fees
Although you don’t want to make your decision fully on a lawyer’s fees or cost, you should find someone who’s honest about their fees. Wait until you’ve narrowed down your list to your top picks by using the qualities listed above. Once you’ve found someone who has those qualities, you can then begin to compare lawyer fees.
The lawyer you choose should be honest and upfront about all their fees and costs. They should be able to give you a breakdown of what you’ll be charged for or how their fees work. There shouldn’t be any surprise fees or costs hidden along the way.
You should know exactly what you’re expected to pay depending on the outcome of your case. If you feel a lawyer isn’t being honest about their fees, then you may want to continue your search until you find someone who is.
5. Someone Who’s Willing to Go to Trial
One of the last factors to consider is if the lawyer is willing to go to trial for your case or not. If the insurance for both you and the other party involved in the accident can come to an agreement regarding compensation, then this is the best-case scenario. You won’t have to worry about taking the case to court or going through a trial.
When the two parties can’t agree and a settlement can’t be reached, however, then this is when it goes to trial. Not all lawyers have experience taking motorcycle accident injury cases to trial. Find someone who’s willing to do so and has experience doing so as well.
If going to trial is what’s in your best interest, then your lawyer should be prepared to do so.
Need Help Finding a Motorcycle Accident Injury Lawyer?
Do you still need help finding a motorcycle accident injury lawyer who’s the right fit for your case? Use the information given above to help you find a lawyer who’s reputable and trustworthy.
At RHINO Lawyers, our approach is to bring the entire team together to get the best possible outcome for you. Contact us today for a free case review.
CONTACT A TAMPA Motorcycle ACCIDENT ATTORNEY
In short, after a motorcycle accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Criminal Traffic Violations: Why You Need a Proven Lawyer on Your Side
You’re driving down the highway. Flashing lights appear in your rearview mirror. Your heart beats a little faster as you pull over to a safe stop.
Your mind races, recalling the last few minutes of your drive. “Was I speeding?” You think to yourself. Your mind wonders, “Is it a broken taillight? Did I swerve? Why am I being pulled over?”
You’re a little nervous, but you’ve pulled over a few times before. You received some traffic tickets, but nothing serious happened. After all, you’re not a crook. You’re not guilty of criminal traffic violations.
But is it possible to commit criminal traffic violations unaware? No! That’s preposterous! You’d know if you killed someone with your car or fled the scene of an accident.
That’s true, but those aren’t the only criminal traffic violations. Are you sure you know which moving violations are criminal? Would it help you to learn?
Keep reading. Learn which infractions are criminal. Learn why securing a lawyer for criminal traffic violations is essential.
Criminal Traffic Violations
Criminal traffic violations are not limited to vehicular manslaughter, drunk or reckless driving. There are many less severe offenses considered criminal.
- Driving without a license
- Driving with a suspended license
- Refusing to submit to a breath test
- Fleeing the scene of an accident
- Expired/No car registration
- Using stolen tags
- Unlawful use of an ID card
- Allowing an unlicensed person to drive
If you thought racking up speeding tickets was simply a matter of traffic school and a fine, think again. They will cite you as a habitual traffic offender (HTO), which is a criminal charge. It’s more than a fee and a Saturday in traffic school.
A criminal charge means heftier fines, a suspended license, probation, or jail time. Besides, you now have a criminal record.
Your Criminal Record
If it’s an offense that is victimless, does it matter if it’s on my criminal record? Even something that you think is harmless may affect you down the line.
Applications for jobs or leases on apartments usually inquire about your criminal history. If a criminal charge is on your record, you have to explain yourself.
Imagine you are a hospital administrator. You have two qualified nursing applicants. Equal in every respect except that one has a criminal record. He drove his car into a telephone pole while intoxicated, but no one was hurt.
His criminal record gives you pause to wonder about his reliability. You think: “Will he always be late to work or not show up because he’s too hungover?” “Do I want hungover staff members coming to work?” “Will he drink on the job?”
The other applicant’s criminal background check came back clean. You won’t wonder about her reliability.
Who would you hire? He might be clean and sober for several years. That one blemish raises questions, and you go with the less risky applicant.
It can cost you future opportunities or at least make them more challenging to meet.
Criminal Violations Need Criminal Defense
Civil traffic violations rarely, if ever, need you to go before a judge. The court sends you the ticket with the fine you must pay. You go down to the courthouse and pay the fine. A knock or two to your driving record, an increase in your insurance, and off you go.
Judges deal with criminal violations. It is generally required that you make an appearance. You don’t want to make that appearance alone. The judge speaks a language you don’t, called legalese.
You need someone to represent your criminal defense fluent in legalese. You need a traffic lawyer. Your lawyer knows what to do to have your fines lowered or your jail time reduced to probation.
Often for first offenders, the legal defense can argue for reduced consequences. In some instances, performing community service keeps a violation off your criminal record.
You’re not at fault if you don’t know you’re committing a crime. An expired driver’s license or expired registration tags are criminal violations. But if you were unaware, you’re not at fault. Most of the time, the court has only the testimony of the police officer as evidence. A good traffic lawyer sorts it out to your benefit.
Criminal traffic violations are usually misdemeanors. It doesn’t diminish the need for legal representation.
Criminal Misdemeanor or Criminal Felony
A victimless misdemeanor can become a criminal felony. If it’s a first-time offense for intoxicated driving, that is a misdemeanor. But if the drunk driver caused harm or death to somebody, he is charged with a felony.
In vehicular manslaughter cases, defendants face up to fifteen years behind bars and maximum fines of $10,000. Drunk driving is not the only crime of vehicular manslaughter.
Road rage is a crime that involves criminal negligence in an attempt to get even with another driver. Reckless driving is criminal negligence. It displays a disregard for the safety of other people.
Breaking traffic laws that caused someone’s death is also vehicular manslaughter. Turning against a red light or running a stop sign causing death is a felony criminal traffic violation. Even falling asleep at the wheel will slap you with vehicular manslaughter.
The Fool and His Client
Do you think you can represent yourself in a criminal hearing? Have you prepared your brief and opening statements? Did you file your lawsuit on time?
Do you want to be in over your head? No one is well-equipped to be their own defense lawyer, not even a lawyer. The old maxim, “A man who is his own lawyer has a fool for a client,” applies here. You want your case heard, not dismissed.
You don’t know the court system as your lawyer does. Did you get hit with criminal traffic violations, or are you unsure? Check out our criminal defense team. Let us help you navigate your way through the legal system.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system 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 RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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7 Major Benefits of Hiring a Car Accident Attorney
Hiring the right car accident attorney for your case is essential, especially if you’re one of the 3 million individuals injured in auto accidents each year. The effects of an injury go well beyond the emergency room.
You can continue to struggle with the outcome for years to come or even the remainder of your life. You deserve fair compensation. Without an attorney, that’s difficult to achieve because of the following reasons.
Missing Opportunities
Some motorists might jump for joy when they get a settlement, but they don’t factor in the long-term costs that might arise due to the other side’s negligence. Missing opportunities can mean a difference of thousands, even millions, of dollars.
It’s a costly mistake and one that your attorney can help you avoid. Keep that in mind before you choose to accept an offer.
Getting Strongarmed
We all think we’re capable of taking care of ourselves to some degree. However, the moment you think you can legally outmaneuver those who get paid hundreds of thousands of dollars to ensure their clients pay as little as possible, you’re in trouble.
Too many motorists don’t take this threat seriously enough. As a result, they can end up getting strong-armed by the opposing side.
Hurting Your Accident Case
There are many things you can do to hurt your case as you pursue litigation. Even if a citation has been issued against the other side, one wrong statement can turn things on their head and leave you unfairly compensated or, worse, empty-handed. Car accident lawyers help you by making sure you’re not hurting yourself.
Now that you know an attorney’s value, it’s time to discuss the benefits. There are seven that immediately come to mind.
1. Full Compensation Disclosure
A car accident lawyer has experience in knowing what compensation that you can expect. They know how to give you a clear idea before undertaking a lengthy legal process and whether that process could be worth it.
Speaking to your attorney about reimbursement is the first step that you’ll want to take. Use this opportunity to discuss everything from the direct impact of the accident to its possible lingering effects.
2. Car Accident Attorney Negotiating Tactics
The best car accident attorney will be well-trained in negotiating. They’ll know how to go head-to-head with everyone from rival attorneys to insurance companies.
You need that specific type of negotiation skill on your side. Even if you think you’re capable of negotiating, this is new territory! A competent car accident attorney will be there by your side using their years of experience to guide you in a more beneficial direction.
3. Damage Control or Prevention
When looking for a car accident attorney in Florida, it’s always good to look for a professional who knows the challenges of getting too emotionally invested. You might feel the impulse to say or do certain things throughout the process that could harm your case.
Working with an attorney who can help steer you away from those impulses will give you a much better chance of getting a fair award. It will ensure that the other side has less to go on for their case.
4. Award Maximization
Doing a “car accident attorney near me” search? Focus on specific experiences. It’s great if an attorney knows how to position themselves in the search engines, but the real parameter of how they will do for you is how they’ve done for others.
Quality attorneys know how to get the biggest awards for their clients. They dig into every facet of the case and aren’t just in it to get a settlement of any kind. They want a settlement or jury award that leaves you feeling taken care of and fairly compensated.
5. Evidence Collection
A big part of any car accident lawsuit is the evidence that you are able to bring to the table in your favor. Without an attorney looking out for you, it can be easy to miss key pieces of evidence simply by not knowing where to look.
Attorneys who work with car accident clients have extensive histories working with police departments to locate images, videos, witness statements, and other supporting pieces of evidence that you might not realize are important to your case.
All of this can work together to protect your interests in a jury trial or get the other side to think more seriously about a fair settlement. An attorney well-versed in the art of evidence collection is worth their weight in gold.
6. Fault Determination
Good attorneys know that determining fault is one of the most important things that you can do for your case. The car accident attorney also knows that it’s not the police who have the final say in such matters.
They know how to locate any citations that were issued that might help your case. As well as, how to scrutinize any citations that might have been unfairly issued or any mistakes on the police report that can turn things to your advantage if it feels like the case is not heading that way.
7. Car Accident Legal Knowledge
Knowledge of how the legal system works is the cornerstone to getting the best possible outcome in your car accident litigation. The more extensive your attorney’s knowledge, the more seriously others will take you when you come to the bargaining table.
It’s the knowledge that saves time and puts you in the greatest possible position. Most individuals who get into a car accident will never have that knowledge, or it will be impossible to establish by the time the case heads to trial.
Your Car Accident Attorney Gives You the Best Chance at Fair Reimbursement
Getting the right car accident attorney to work on your case is the first step in getting the compensation you’re entitled to and deserve. Embrace the benefits that hiring the right firm for the job can do for your case.
They help you get more money whether you settle or proceed. They use their experience and knowledge to guide you through a complex process while granting you peace of mind.
If you’re in Florida and ready to experience the benefits of quality representation for your car accident, look no further than RHINO Lawyers today. Our team stands ready to help you get the treatment and justice you have coming to you. Contact us now!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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7 Questions to Ask Your Potential Personal Injury Lawyer
Finding the right personal injury lawyer is something millions of Americans struggle with each year. They don’t know where to start, and with 6 million accidents each year, there are plenty of places to look!
Don’t be tempted to go with the first name you see on a search result. Be invested in the process. If that sounds too intimidating, consider the following.
You Have the Most to Gain or Lose
The best personal injury lawyer is the one willing to treat your case seriously like you are the only client they have. This is an important factor as you are the one with the most to gain or lose from the outcome.
Getting too low of an award (or none at all) can leave you with mountains of repairs and medical bills with which to contend. That can cause a domino effect of financial catastrophe.
You Want to Prevent Misunderstandings With Your Personal Injury Lawyer
Scrutinizing even the best personal injury attorney is essential to keep you from misunderstanding the possible outcome and cost of your case. The more questions you ask, the less surprised you will be by the steps that are taken along the way.
You Need a Roadmap For What to Expect
Search for a “personal injury attorney near me,” and you’re likely to find many attorneys just willing to settle as quickly as possible. Some settlements are great while others do you a disservice. Meeting with your attorney and asking questions like the kind we’re about to get into will let you know what to expect from every scenario.
Note the importance of each of these factors, and give them the attention they deserve. Now that we know why legwork is necessary, let’s discuss the specific questions you should be asking any potential personal injury lawyer that you choose to hire.
1. What Are My Total Costs?
Before you get to the issue of the personal injury settlement, it’s important to have a clearer understanding of what your costs might be. Attorneys generally work at an hourly rate.
Your attorney might not be able to give you an exact total, but he or she should be well-versed enough in cases of your type to extrapolate the cost based on the average time and their billing rate. Also, some attorneys may not take payment unless they can attain a settlement.
Knowing these factors ahead of time will help you understand the overall costs. It also will give you some idea of what to expect with the case duration.
2. What Questions Will I Need to Answer About My Personal Injury Case?
In any personal injury case, you’re going to be putting yourself out there to some extent. The other side will be arguing their case as best as possible, and so that means there will be some questions you are going to be asked along the way.
A good attorney should have some idea of what types of questions you’ll be facing. They should be able to prepare you for how to answer or where to go to get the answers that you’ll need.
3. How Long Will This Take?
The duration of a lawsuit can add to your stress and be a major factor in whether you decide to settle or press through to the jury trial. Your attorney should be able to give you a good idea through their own experiences in dealing with other clients what to expect.
They need to illustrate timelines for each scenario. They also should be able to help you do a risk-reward analysis on determining whether you should stay or stick it out.
4. Should I Fight or Settle?
It is really just a question of the outcome probability. Have your attorney look at the facts and circumstances of your accident, as well as the lingering effects.
Most cases settle (some estimates state as much as 90 percent). That doesn’t mean it’s the right thing for your case, though.
There’s a temptation to listen to only what you want to hear. Trust attorneys who are willing to shoot straight with you, even if it means a less-rosier outlook.
5. What Is the Easiest Way to Contact You?
Attorneys should treat you like a priority. After all, you’re entrusting your accident lawsuit and all that entails to their care.
An accident can leave you disabled, facing costly financial damages, or missing work for a certain period of time, thus affecting your earnings. These are serious matters that demand responsiveness.
You don’t want to deal with an attorney who never gets back to you or fails to pass along key information. Speak to your attorney ahead of time regarding what your expectations are for communication.
6. What Is Your Professional Experience?
Professional experience is nice to have. However, it’s not enough to have the right degree or years in practice. The attorney should also have experience in the specific type of case that you’re bringing to them.
The more specific the experience is, the better. For example, say your accident was on a motorcycle. A regular personal injury attorney might do a fine job, but you’ll probably want one specifically well-versed in motorcycle accidents.
7. Any Conflicts of Interest?
Attorneys are more than just legal professionals. They’re also members of the community, business owners, and friends. While no attorney should let their personal relationships cloud their judgment, you can’t afford to assume the best.
Ask your attorney whether there are any potential conflicts of interest in your case. This includes companies involved as well as other parties.
Your Personal Injury Lawyer Should Work For You
Finding the right personal injury lawyer takes a little work, but it’s worth it if you ask the right questions and get the right answers. Ideally, you want someone with relevant experience, responsiveness, integrity, and unflinching honesty about your case.
Thankfully, it’s a lot easier to find if you are living in Florida. That’s because RHINO Lawyers has many years of experience helping people in your situation get the judgments or settlements you deserve. Contact us today to see what we can do for you.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
Read More