Can Reaching Maximum Medical Improvement Affect Your Injury Claim?
Every year, people in America sustain more than 122 million accidental injuries. Even minor injuries can have a big impact on your life. You may have to take time off work for your recovery or pay a hefty medical bill.
Fortunately, if someone is responsible for your injuries, you can get compensation by making a personal injury claim. However, your lawyer may recommend waiting to reach maximum medical improvement before you make your claim.
So what does this mean, and how does it affect your personal injury lawsuit? Read on to find out everything you need to know about reaching maximum medical improvement before you make an injury claim.
What Does Maximum Medical Improvement Mean?
Reaching the stage of maximum medical improvement (or MMI) means that you have made as full a recovery as possible. However, what this means for each individual depends on the severity of your injuries.
For example, MMI can mean that:
- You have returned to exactly the same level of health that you had before your accident
- Your injuries will not improve anymore with further medical treatment, and your health is not what it was before your accident
- You will still require ongoing treatment for your injuries in the future for a stable recovery
For example, severe spinal injuries can result in permanent paraplegia or quadriplegia. In that case, the damage is irreversible so you will reach MMI when you become stable. Your long-term health will be very different from what it was before your accident.
Who Can Decide That You Have Reached Maximum Medical Improvement?
Your doctor will determine when you have reached maximum medical improvement. They will base this on their observations, examinations, and diagnostic tests.
When they do this, they will also outline any ongoing treatment that you might need to manage chronic conditions caused by your accident. This can include monitoring you to prevent future complications from your injuries. You may also receive a disability status from your doctor.
So how does this affect different types of personal injury cases? Let’s take a closer look.
What Affects Your Personal Injury Claim?
There are several factors that you should consider when making a personal injury claim. These include:
- The severity of your injuries
- The impact that they have had on you practically, financially, and emotionally
- How long it takes you to reach MMI
- The long-term consequences of your injuries
Some of these factors will be evident shortly after your accident. However, you generally have to wait until you have reached MMI to understand the full impact that your injuries will have on you in the future.
Once you have reached this point, you can determine how it will affect your claim.
Waiting For MMI Will Help You Determine How Much to Claim For
Reaching MMI helps you understand the full impact of your injuries, and this is crucial if you want to get a fair settlement. For example, this helps you understand:
- The cost of the treatments you need to reach maximum medical improvement
- The cost of any ongoing care that you will require
- How your injuries are going to impact your ability to work in the future and your financial security
- How your injuries might impact your emotional well-being and relationships
Settlements offered before you reach MMI could be way under the value that you are owed. So it is worth holding off to get a fair payout.
MMI and Workers’ Compensation Claims
If you have been injured at work, you could make a claim using your employer’s workers’ compensation insurance. In this case, several things happen when you reach maximum medical improvement.
Most employers will offer you two options: ongoing benefits or a final lump sum payout.
Your MMI will determine how much you need to receive in ongoing benefits (if this is the type of compensation that you choose). For example, your disability rating might entitle you to additional benefits.
If you plan on accepting a lump sum payout, it is important to speak to an experienced lawyer before doing this. Most employers will expect you to sign a release before you receive the payout. This releases them from any future liability surrounding your medical treatment and injuries.
If you have not reached MMI by the time that you sign this, you could miss out on valuable compensation. You may also end up having to pay for your ongoing medical expenses yourself. So it is always worth talking your options through with a lawyer before accepting an injury claim settlement.
MMI and the Statute of Limitations
Recovering from serious injuries can take a long time. However, it is very important to be aware of how long you have to make a personal injury claim.
According to the statute of limitations, you have three years to start legal proceedings from the date of your accident. So the clock starts ticking the minute you sustain your injuries. If you miss this deadline, you will struggle to make a claim at all.
Because of this, it is a good idea to seek legal advice even if you haven’t reached MMI yet.
While you are receiving treatment, your lawyer will help put together a strong case for your injuries. They can then adjust this based on your condition when you do reach maximum medical improvement.
This ensures that you won’t miss your deadline for filing a claim and miss out on compensation altogether.
Get Support With Your Personal Injury Lawsuit Today
As you can see, waiting to reach maximum medical improvement after an injury can help you calculate a fair settlement.
This gives you a clear picture of the long-term impact of your accident. So you can make an informed decision when agreeing on a settlement.
Hiring an attorney will help you decide how to proceed with your claim and whether or not you should wait to reach maximum medical improvement. Schedule a free video consultation with RHINO Lawyers today to find out more about our legal services. We’re happy to help!
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.RHINO.77.
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Street Racing Crimes Involve More Than Just the Drivers in Florida
Street racing is a problem in Florida that is common among young drivers. It is illegal to engage in this type of activity, and it can be the cause of all sorts of accidents and big problems for other drivers. People who take part in highway racing are playing with their own lives and the lives of those around them.
The danger street racing poses is so extreme. In fact, the state of Florida has imposed many very harsh penalties on anyone who races on the highway. The consequences of engaging in street racing crimes can result in an arrest. Plus, include very large fines, as well as jail time. Careless drivers on the streets face the harsh reality of the danger they put others in when racing.
Street racing is a dangerous and illegal activity that many young drivers engage in. It can be the cause of fatalities and other consequences. Continue reading our overview to see why street racing can involve a lot more than just the drivers in Florida.
The Consequences of Street Racing
The Florida statutes Section 316.191 defines racing as a second-degree misdemeanor. This results in a first offense penalty of 60 days of jail time. The penalty can increase for multiple offenses of street racing crimes or has been part of highway racing in the past.
Offenders can receive a $1,000 to $5,000 fine and a two-year license revocation. As well as, one year of incarceration in county jail. A second offense will boost the mandatory fine to around $1,000 to $3,000. This can also result in the loss of a vehicle title if convicted of two or more violations within a five-year period.
Anyone can get arrested for street racing if they deliberately stop traffic and drive a vehicle for racing on the highway. Or if they assist in setting up a race. A passenger of the vehicle racing can receive a street racing charge.
Multiple offenses within a five-year period can result in jail time and a four-year license revocation. The severity of street racing offenses also applies to spectators watching an illegal street race for any reason.
Spectators receive a $500 fine and points against their license, even if they didn’t drive any vehicle or engage in the organization of a street race.
It does not matter if a street race is highly organized or a spur-of-the-moment event. Everyone involved gets prosecuted to the full letter of the law. They make little to no exceptions when arresting street racing participants. This is why spectating a street race can have dire and costly consequences for everyone.
Other Related Consequences
Going to jail for street racing crimes isn’t the only thing that happens. Actually, more comes along with it that can make things much worse. They can bring other charges against someone arrested for racing. Or if involved in a street race.
Even if they are bystanders and not operating any vehicle involved at the time. You will need to find a lawyer to represent you if the state decides to take action with additional charges.
Some of the other charges that can be applied in court include vehicular homicide and reckless driving with serious bodily injury. Vehicular homicide is when death happens due to reckless driving.
A conviction gets seen by a court as a class 2 felony and results in up to 15 years in prison. An even more serious penalty of 30 years in prison will apply if a driver flees the scene of the crime.
A person charged with reckless driving with serious bodily injury faces up to five years in state prison if convicted. This charge becomes a third-degree felony if the driver causes injury or disfigurement to a victim. Both of these charges can also result in the loss of a driver’s license for up to three years.
No matter what type of charges you face as a result of street racing, the state will require everyone to attend and submit proof of completion of a basic driver improvement course. Depending on the number of or severity of the offenses, a court can require someone to complete a 4-hour course or as much as a 12-hour driving course.
Defenses for Street Racing Charges
If you or someone you know gets charged with any kind of illegal street racing, the next step would be to have a legal defense. The penalties for a conviction of street racing are severe, so being ready to face them can be intimidating.
An experienced lawyer will use a lack of evidence or inability to prove beyond a reasonable doubt as a defense argument. This can also include showing that speeding occurred, but not knowingly street racing. The best defense against any charges or consequences of highway racing is not to be anywhere close to it at all.
Knowing About Street Racing Consequences
Our street racing consequences overview will inform you about what happens when someone engages in highway racing. The recklessness of speed while racing on the highway puts many people at risk. Even those not involved in the race. The penalties in place should help prevent drivers from partaking. Because racing on public roads is a careless activity.
Want to learn more about traffic laws and find a good lawyer when facing criminal charges? Visit the website for RHINO Lawyers and read articles on their blog that cover a wide range of topics from criminal offenses to unpaid traffic tickets.
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) RHINO-77.
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What Is the Sudden Medical Emergency Defense?
Did you know that third-party liability for personal injury claims is often about timing and circumstance? Most personal injury cases hinge on whether the defendant was negligent at a particular moment. If there is no negligence found, then there is no liability.
This does not mean that you can not get sued. It does mean if you have a solid defense, your case will not go much further than the initial stages.
A sudden medical emergency defense may make it possible to have an entire defense to a claim of personal injury. But, the circumstances must meet specific factors that remain consistent for the defense to be effective.
Have you found yourself in one of these unfortunate circumstances? Read on to learn more about the sudden emergency defense and how it could impact your case.
What Is a Sudden Medical Emergency Defense?
A sudden medical emergency defense is a defense used in a personal injury case where a medical condition arises, causing an auto accident. A sudden medical emergency could absolve a driver of responsibility for an accident if a sudden medical emergency is to blame.
Personal injury law believes if someone caused an accident by their negligence, that person should be accountable for the costs resulting from the accident. A person experiencing a medical event did not intend to injure another person. So, the sudden medical emergency defense may release them from blame.
What Is Foreseeability?
Foreseeability evaluates if the responsible party could have expected that their action or inaction would result in harm to another person. If the accident did not stem from an act of negligence, the individual is not to blame for the injuries suffered by another person. If a medical emergency causes a car collision, the at-fault party must prove the following:
- the driver lost consciousness
- they lost control of the vehicle as a result of loss of consciousness
- the loss of consciousness was a result of an unexpected medical incident
They must also prove that the onset of the medical emergency prevented the driver from taking any preventative measures. It was an unexpected event that the driver could not prepare for.
What Defines a Sudden Medical Emergency?
A sudden medical emergency is a sudden onset or an exacerbation of symptoms. These symptoms then led to a situation requiring immediate medical treatment. A sudden medical emergency does not include conditions that were already present.
Or symptoms that were being treated before the auto accident. This is important to note. If the medical condition was present before the accident and only treated after the accident. Then you cannot use a sudden medical emergency defense.
When Can You Use the Sudden Medical Emergency Defense?
The sudden medical emergency defense is only valid in specific circumstances. To use this defense, the medical condition that arose must be sudden and unexpected. The event was so severe that it required immediate medical attention.
The medical issue must have presented itself during the accident, and you must not have known about the condition beforehand. You must have acted as reasonably as possible in light of the circumstances.
If you made an error in judgment or failed to act appropriately despite knowing the condition, you cannot use this defense. It’s also important to note that the defense is not valid if the treatment required is not consistent with that of a standard emergency.
What Are the Requirements for a Sudden Medical Emergency Defense?
There are several requirements for sudden medical emergency defense. First, the condition that caused the medical emergency must qualify as an emergency.
This means that it must have required immediate medical attention. The medical condition must have arisen suddenly and unexpectedly.
This means that it must have been sudden in onset and not something that was even foreseen. So, they did not have time to get proper medical attention. Which means they did not have an opportunity to go to a doctor’s office, hospital, or another medical facility for treatment.
Types of Car Accidents Involving the Sudden Emergency Defense
Many auto accident causes stem from a medical emergency. A sudden medical emergency defense could apply in a collision between two or more vehicles. Or between a vehicle and a pedestrian or bicyclist.
But, only if one or more of the drivers or passengers experienced an unexpected or sudden onset of a medical condition. However, if a vehicle occupant experiences symptoms of a medical condition before an accident. As well as, worsening of the condition that was present before the accident. Then they cannot use the sudden medical emergency defense.
But, if the condition is sudden and unexpected during the accident, the occupants of that vehicle might be able to. A collision between a vehicle and a stationary object also falls under the sudden medical emergency defense. In this circumstance, sudden and unexpected medical conditions with any people involved in the accident could qualify for the defense.
How Hiring a Lawyer Can Help You
Your attorney will help you build your case by finding the most relevant evidence and putting together the best possible defense. The sudden medical emergency defense can be weak if the defense team is not working with all the facts of your particular circumstances.
Your attorney can handle everything for you. They will conduct a thorough investigation and retain expert witnesses. All to help strengthen your case and give you a better chance of winning.
Your attorney will conduct discovery, or a thorough investigation, to gather any evidence that supports your case. This evidence could include witness statements, medical records, and police reports. Your attorney will also be able to examine the evidence that the other side gathers.
Throughout the case, your attorney will interview all witnesses relevant to your case. They will review police reports, and request lab results.
Your attorney will also work with expert witnesses to build your case. Expert witnesses are people who have special knowledge or skills that apply to your case.
Have You Been Involved in an Accident Involving a Sudden Medical Emergency?
An exceptional attorney is an ideal person to offer guidance on how to proceed with your case and protect you. Are you a victim of another driver’s unexpected medical emergency? Or have you experienced a sudden medical event yourself? We can help you.
Contact us or check out our About Us section to learn more. We proudly serve all of Florida, and our goal is to establish a long-term relationship with each client. The people we assist and the lives we transform are what we are most passionate about.
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.RHINO.77.
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How Penalties Rise Depending on Speed Limit
In 2020 alone, Florida law enforcement gave out nearly 550,000 speeding tickets. Officers issue speeding citations when someone exceeds the speed limit. You can then receive a fine for speeding.
But a fine is not the only penalty for speeding in Florida. You may end up paying higher insurance premiums. And you will incur points to your driving record.
Luckily, fighting your speeding ticket in traffic court can help you avoid these consequences. We will talk more about how our attorneys can help you get out of a Florida speeding ticket at the end.
But first, let’s talk about how the fines you pay for speeding increase depending on how fast you are driving.
What Is the Penalty for Exceeding the Speed Limit in Florida?
There are two types of penalties for speeding in Florida. This includes a warning and a fine. You can not go to jail for speeding tickets in Florida, though you may have to serve time if you are pulled over for reckless driving.
A Warning
There is a common misconception that an officer will only pull you over if you are going 10% or more above the posted speed. Other people will tell you that going a few miles over the speed limit will not result in you getting pulled over.
However, this is untrue. Going even 1 MPH over can get you pulled over. But as long as you keep your speed below 5 MPH, you will only receive a warning. And warnings do not typically come with fines.
A Fine
Going 6 MPH to 30+ MPH over the speed limit will earn you a fine in Florida. The exact amount you pay depends on how many miles per hour you were driving over the posted speed.
You can check out Title XXII Chapter 318.18 to see the speeding fines for yourself. Or keep reading below for a full breakdown.
Driving Points
Florida uses a points system to record driving infractions on your record. There are 3-point infractions as well as 4-point infractions.
Speeding by 15 MPH or less will only incur 3 points on your driving record. Speeding by 15 MPH or more will incur 4 points on your driving record.
License Suspension
The points system is not only used by insurance companies to determine your auto insurance premiums. Officers also use it to track your driving history.
For instance, say you accumulate a total of 12 points on your record. If you accrue these points within 12 months, a traffic court could suspend your license for up to 30 days.
How Much Is a Speeding Ticket?
Florida breaks down speeding fines in the following way:
- 6–9 MPH over the speed limit receives a fine
- 10–14 MPH over the speed limit receives a fine
- 15–19 MPH over the speed limit receives a fine
- 20–29 MPH over the speed limit receives a fine
- 30 MPH or more over the speed limit receives a fine
Here are the fines for each.
Fines for Going 6–14 MPH Over
Going 6–9 MPH over the speed limit is a pretty minor infraction. You could only receive a warning. But most likely, the officer will issue you a ticket plus a $25 fine.
Going 10–14 MPH over the speed limit will incur a $100 fine.
Fines for Going 15–29 MPH Over
The fine for going 15–19 MPH over the posted speed limit is $150 in Florida. The fine for going 20–29 MPH over is higher at $175.
Remember that going 15+ MPH over will earn you 4 points on your driving record. And if you get three of these violations, you will have to forfeit your license for 30 days.
Fines for Going 30+ MPH Over
Going 30 MPH or more over the speed limit is a major traffic violation in Florida. You will have to pay a $350 fine.
If you go 50+ over and have other offenses, you may have to serve jail time. Call a traffic ticket lawyer ASAP to find out your rights in a situation like this.
How Much Is the Fine for Subsequent Speeding Tickets?
The only time you receive a penalty for a subsequent speeding ticket in Florida is if you go 30+ MPH over. When you receive your second citation within 12 months, you will pay a $700 fine.
However, if a traffic court did not convict you of the first speeding citation, you can not get this penalty. Again, this is why it is so important to call a traffic ticket lawyer the first time you receive a citation.
How Much Is the Fine for Speeding in a School Zone?
There are no warnings for speeding in a Florida school zone. If you go 1–5 MPH over, you will receive a ticket and a $50 fine. If you go 5+ MPH over, you will pay two times the regular traffic fines we listed above.
How Much Is the Fine for Speeding in a Construction Zone?
Speeding in a posted construction zone while workers are present can earn you double the fines listed above. However, this only applies if the workers are on the road or adjacent to the road.
How Much Is the Fine for Speeding in a Penalty Zone?
Enhanced penalty zone fines begin at $50 for going 1–5 MPH over. If you go 6–30+ MPH over, you will pay the fine listed above plus $50.
How Much Is the Fine for Speeding on a Toll Road?
Speeding in a zone that collects electronic or manual tolls will earn you two times the amounts listed above. However, you can get out of a toll road fine if there is no traffic control device on that toll road.
Need a Lawyer to Represent You in Traffic Court?
Exceeding the speed limit in Florida comes with fines, points, and a potential loss of your driving rights. The higher your speed when the officer pulled you over, the more these penalties will increase.
Stop falling victim to Florida’s strict speeding regulations. Call RHINO Lawyers today to get a free case evaluation and learn how we can help you fight for your rights in traffic court.
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) RHINO-77.
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Headache After a Car Crash? Seek Medical Care Immediately
Every year, about 20-50 million people suffer non-fatal injuries from traffic accidents. And in most cases, people assume that a headache after a car crash is normal. Yet, a lingering headache after a car crash usually indicates something worse.
There are several types of headaches a person can have after a car crash. Today’s post will discuss the types of headaches and what you should do if you’re experiencing one after a recent accident.
Post-Traumatic Headache
A post-traumatic headache describes a feeling of pain in the head after an accident, trauma, or assault. Although this type of headache after a car crash is not common, it can affect anyone who experiences a traumatic event.
Symptoms that come along with a post-traumatic headache are nausea and sensitivity to light and sound. They may be caused by a combination of several factors, including pain from the injury, stress from the incident, and preexisting conditions such as high blood pressure or anxiety.
Not all post-traumatic headaches are the same. Some people experience seizures, muscle spasms, or even loss of consciousness.
Concussion
A concussion is a mild brain injury, often resulting from a bump to the head, where you experience headaches, dizziness, sensitivity to light and sounds, confusion, and fatigue. There is a chance that a series of concussions may result in long-term damage to your brain, leading to conditions such as epilepsy, dementia, and other psychological problems.
A concussion, also known as a brain injury, is caused by a sudden and forceful blow to the head. Concussion symptoms can be mild to severe. The most common symptom is a headache.
Other symptoms include dizziness and nausea or vomiting. Sometimes, people may have blurred vision or other visual problems. A person with a concussion can struggle with concentrating and making decisions.
Whiplash
A whiplash injury is a common car accident injury, causing pain and stiffness to the neck and shoulders. The main cause of whiplash injury is an impact to the neck or head that causes a twist in the neck, sometimes referred to as a “slingshot” effect.
Whiplash can also result from a collision with another vehicle, object, or vehicle’s side. Symptoms of whiplash include pain that shoots down one side of the neck, stiffness in the neck and shoulders, and numbness in the arms or hands.
Muscle Strain Headaches
Muscle strains are common injuries following a car crash, often resulting from awkward or sudden movements while in the vehicle. They are characterized by mild muscle pain and tenderness and cause weakness. A muscle strain is a minor injury and should heal on its own after a few days.
If you experience muscle strain after a car accident and notice any signs of a headache, take it easy until the pain subsides. Consult your healthcare provider if you are still experiencing pain after several days.
Fracture Strain Headaches
A fracture strain headache occurs when a person receives head damage during an accident and fractures their skull. The symptoms can be quite painful.
Some people will feel pain behind their eyes or temples, while others may feel pain on top of their heads. The pain may intensify when they move, so they should stay still as much as possible.
Pinched Nerve Headache
A pinched nerve is a common type of headache that occurs after minor trauma. You can feel the pain in the back of the head, and it usually radiates down your neck.
This type of injury occurs when something compresses the nerve, like a seat belt or a bump in the road. It can also be caused by disc compression if you have back issues.
What to Do if You Have a Headache After a Car Accident
If you’ve been suffering a bad headache after a car accident, the first thing to do is visit a doctor. This is crucial for many reasons.
For one, headaches are a common symptom of other conditions, such as severe brain injury. In addition, headaches can cause severe problems if they persist or keep coming back.
It’s not just a case of your body recovering from the effects of the accident — but also the pain of the original injury. If your headache doesn’t clear up soon, it could be a sign that something else is going wrong inside your head.
Call an Auto Accident Lawyer
You should call an auto accident lawyer immediately if you have been seriously injured in a car accident. These professionals can help you evaluate your case, fight for compensation, and recover damages if another driver has wronged you.
A car accident attorney can also represent you in court if they sue you for damages. They are trained to fight for your rights and make sure that your rights are protected.
They will negotiate with the other party’s insurance company to get the best possible settlement for your case. An auto accident attorney will also help you understand the legal process to prepare yourself for the trial.
Seek Professional Help
If you’ve been dealing with a constant headache after a car accident, don’t let them hold you back from seeking medical help. Headaches are common and temporary, and you can get them to go away with simple home remedies. However, if you don’t get yourself checked out by a doctor as soon as you can, it could get worse.
You should also call an auto accident lawyer as early as you can. Here are RHINO Lawyers, we offer a wide variety of services to help you with your recent car crash. Contact our team today for more information.
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.RHINO.77.
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How You Can Get DUI Evidence Thrown Out in Hillsborough County
Driving drunk is not a light matter. Nearly 750 Floridians died due to car accidents involving alcohol and drugs in 2020 alone.
That’s why prosecutors and police officers take DUIs so seriously. Yet they can be a little too zealous. Many innocent people get arrested and charged with DUIs, often due to aggressive tactics.
If you’re arrested for a DUI, you may feel helpless. But you can fight back once you know how to throw out pieces of evidence.
What is evidence that is never admissible in a trial? How can you contest breathalyzer and field sobriety test results? Can you throw out clips from dashboard cameras?
Answer these questions and you can clear your name of a DUI charge in no time. Here is your quick guide.
Fruit of the Poisonous Tree
“Fruit of the poisonous tree” refers to any evidence that is obtained illegally. Even if the evidence is incriminating, a prosecutor cannot bring it up in a trial.
In order to stop you and search your vehicle during a traffic stop, a police officer must have probable cause. They must witness you swerving on the road or looking intoxicated. If they don’t have probable cause, your lawyer can point that out and ask to suppress evidence from the traffic stop.
DUI checkpoints are legal in the state of Florida. But officers must follow several rules, including the “three-minute rule.” If officers detain you for more than three minutes and hold up traffic, your lawyer can argue that the checkpoint itself is unreasonable and inadmissible.
A police officer must have a warrant in order to search you. They cannot pat you down unless they believe they have a weapon on you. Even if the officer discovers alcohol or drugs on you, your lawyer can ask to remove the evidence obtained without a warrant.
If you are arrested for DUI, an officer must read you your rights. Once you invoke your right to silence and ask for an attorney, they must stop asking you questions. If they fail to read your rights or if they do not respect your rights, the DUI evidence can get thrown out.
All evidence that a prosecutor will use in a DUI case must be available to the defense. If prosecutors or police officers fail to hand over the evidence, your lawyer can motion to have the case thrown out.
Hearsay
Hearsay is evidence from a witness who is describing what someone said to them outside of court. A prosecutor may call a witness who testifies that someone told them that you were driving drunk. This is inadmissible, as all witnesses must be present in court for a jury to examine what they said.
There are exceptions to the hearsay rule. If you said something under the stress of the moment, a witness can testify to what you said. But your lawyer can call into question how stressed you were and argue against its relevance.
Faulty Breathalyzer Tests
Many DUI cases hinge on breathalyzer evidence. Though breathalyzers are usually reliable, they are not perfect.
Medications can skew results, and rare medical conditions can lead to false readings. Diabetes can result in the production of ketones, which are waste substances that the liver produces. Ketones can linger in the breath and trigger a high reading on a breathalyzer test.
Officers must follow very specific rules for breathalyzer tests. The test must be given in a “reasonable time” after you are pulled over.
Your blood alcohol content can rise for up to an hour and reach levels above the state limit. If your test was given an hour later, your lawyer can point this out and tell the judge the evidence is invalid.
Your lawyer can also examine the machine itself. A poorly maintained machine may produce false readings. The officers may not have cleaned the machine properly, leaving alcohol residue inside that resulted in a high reading.
Improper Field Sobriety Tests
You can refuse a breathalyzer test, but your license will be suspended. Yet you can refuse all field sobriety tests without any legal penalties.
Even if an officer demands that you perform a test, you can decline to do so. If you perform tests under a threat of violence, your lawyer can tell a judge about that and get the evidence thrown out.
Many field sobriety tests are difficult for sober people to perform. You may have difficulty with your balance or coordination, causing you to fall over during a test. During the test, you may get anxious or confused, causing you to fail.
Incomplete and Inaccurate Evidence
Prosecutors like to use dashboard footage to establish probable cause and show that evidence was obtained legally. They often use a snippet to show a driver swerving or not answering questions coherently.
This evidence is selective. Your lawyer can play the entire tape and show that you were driving fine and answering other questions well.
Your lawyer can also argue that the jury needs to see the entire tape from start to finish. If they cannot, the snippet should be thrown out for being selective.
How to Throw Out DUI Evidence
A DUI arrest may not lead to a conviction. Illegally obtained evidence is always inadmissible. Most forms of hearsay evidence are inadmissible, and any hearsay evidence brought up in court can be challenged.
Breathalyzer tests can be imperfect, especially if you have a pre-existing medical condition like diabetes. You can refuse field sobriety tests outright, and you can point out that dashboard footage has been selectively edited.
The best way to fight against DUI evidence is to hire a lawyer. RHINO Lawyers helps DUI defendants throughout Florida. Contact us today.
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) RHINO-77.
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Nerve Damage From a Car Accident? What You Need to Know
WebMD estimates that about 20 million Americans suffer from nerve damage. Many of these people have nerve damage as a result of a car accident injury. Because car accidents are among the most common causes of nerve damage injuries.
If you suffer nerve damage from a car accident, then you may be eligible for compensation from a case settlement. Read further to find out how RHINO Lawyers can help you.
How Nerve Damage From a Car Accident Happens
Car accident injuries that result in nerve damage may go unnoticed for many reasons.
For instance, you often can’t prove that you have nerve damage empirically, making it nearly impossible for you to seek compensation for your injuries. Or, you could mistake symptoms of nerve damage for common body aches or for a variety of other ailments.
Nerve damage from a car accident can result due to injuries like whiplash, impact to the spine, or a herniated disc.
Whiplash
A whiplash injury happens when your head jolts back and forth, leading to neck trauma. Although whiplash usually affects the muscles, tendons, and other soft tissues in your neck, it can also damage your nerves.
Impact to the Spine
Sciatica pain often results from an impact injury that causes nerves in the spine to become pinched or compressed.
If you suffer from sciatic nerve damage from a car accident injury, then you may experiences symptoms such as feelings of numbness, tingling, pain, or weakness in the affected area. These symptoms can be easily mistaken for many other ailments, which is why you could have this type of injury without knowing it.
Herniated Disc
You suffer a herniated disc when one of the rubbery discs between the vertebrae in your spine pushes out of place. The displaced disc can pinch or impact a spinal cord nerve, resulting in feelings similar to sciatica pain and possible paralysis.
A herniated disc can heal on its own with enough rest, but you may need surgical intervention.
Types of Nerve Damage
The severity of peripheral nerve damage can be divided into three categories according to Seddon’s 1942 classification: neurapraxia, axonotmesis, and neurotmesis. These three categories can be further divided into five levels of severity, ranging from first to fifth degree.
Neurapraxia
Neurapraxia is the least severe type of peripheral nerve damage. In neurapraxia, the passage of nerve impulses to the injured area is blocked, causing the motor and sensory connection to be lost. But, the nerve stump itself remains intact.
Neurapraxia often happens as a result of your nerves being compressed or stretched. Usually, it sorts out within a few days or months with rest and other at-home treatments.
Axonotmesis
Axonotmesis is a severe type of peripheral nerve damage. In axonotmesis, the affected nerve gets cut but doesn’t get completely severed.
To make a full recovery, you’ll likely have to take physical or occupational therapy. With the proper treatment, it’s possible for you to make a full recovery within six months to a year.
Neurotmesis
Neurotmesis is the most extreme type of peripheral nerve damage. Thus, neurotmesis occurs when a nerve is completely severed, which typically occurs after a violent, open injury.
If you have this type of nerve damage, then you have little chance of making a full recovery in the future. But, you may be able to make a partial recovery with immediate surgical intervention.
When to File a Personal Injury Claim
You have a limited time to file a personal injury claim after a car accident due to the statute of limitations. Each state has a statute of limitations, or a limited period of time, in which you can file a claim.
According to the Florida statute of limitations, you have only four years from the date of your accident to file a personal injury claim.
If you wait until after the statute of limitations is up, then you’ll be unable to seek compensation in a car accident settlement in the future.
But, an exception may be made if injury symptoms don’t immediately arise after an accident. If that’s the case, then you’ll have four years from the day that you discovered your injuries to file a personal injury claim.
How Can a Personal Injury Attorney Help You?
Like the statute of limitations, there are many other aspects of the law that can get in the way of you getting the settlement that you deserve.
Because the law can be confusing, you want to work with a lawyer who has experience in personal injury law. It’s best practice to contact a lawyer as soon as a personal injury accident happens to discuss your options moving forward.
One of our experienced personal injury lawyers will have the skill to help you navigate the complexities of the law and get the highest settlement possible.
Our knowledge of how insurance companies work gives you an advantage in your car accident case. Also, we don’t charge any fees unless we win your case.
Don’t Handle A Car Accident On Your Own
If you suffer nerve damage from a car accident, then you may be able to pursue compensation for your injuries. But, you could not know all of what you’re entitled to by law. And miss out on the compensation that you deserve.
Yet, you don’t have to struggle through the legal process by yourself. Your auto accident attorneys have the knowledge and skills to help get you the settlement that you deserve.
Contact our offices today to arrange a case analysis with a RHINO Lawyers’ attorney at no cost to 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.RHINO.77.
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What Happens if You Have Multiple DUIs?
With over 32,000 DUI arrests as of 2020, Florida accounts for 3% of all DUI arrests made in the country. DUIs in the Sunshine State are severe and carry increased penalties for every subsequent conviction. Even more, it’s highly likely that the prosecution will be extremely aggressive.
If you were charged with DUI in the past, getting charged again may trigger strong emotions. Every prior DUI charge on your record will raise the odds and consequences. So, what should you expect from the justice system in such a predicament?
Read on to find out.
Florida DUI Penalties
Your record and the circumstances surrounding the offense will determine the sentence for a DUI conviction. These circumstances include your blood alcohol content (BAC), liability for the accident, and passengers in the vehicle.
A BAC exceeding 0.15 percent will attract higher fines and lengthy jail sentences. The court may also require you to use an ignition interlock device.
Penalties for a first DUI if your BAC was below 0.15 percent include a maximum fine of $1,000, 50-hour community service, and enrolment in a level one DUI program. Other penalties include a six-month jail sentence (with one year of probation), license revocation for 180 days to one year, and your vehicle being impounded.
Penalties for Second DUI with a BAC below 0.15 Percent
A second DUI conviction will attract a maximum fine of $2,000 and license revocation for 180 days to a year. You may also face a 9-month jail term (with a year of probation) and attend a level two DUI school. Expect your vehicle to be impounded for 30 days and an ignition interlock device installed in your car for six months.
If you commit the second DUI within five years of the first charge, you will spend a minimum of ten days in jail. The authorities will also revoke your license for five years.
Penalties for Multiple DUIs
Your DUI charge will be considered a felony if you face a third DUI in ten years of your previous two convictions. The same will apply if you face a fourth DUI charge.
Penalties for a felony DUI include a maximum fine of $5,000 and license revocation for ten years. You may also face a 5-year prison term with a minimum 30-day jail sentence.
Other multiple DUI penalties in Florida include your vehicle being impounded for 90 days, having an ignition interlock device in the car for two years, and enrolling in a level three DUI school.
Paths to Take When Facing Multiple DUIs
Your options for navigating multiple DUI charges are few since the penalties are severe. You may have to take a plea deal and accept the potential consequences. With the help of a lawyer, it’s possible to have the charges withdrawn for lack of evidence before the trial date.
You can negotiate for a reduction of charges with your counsel’s help. If others fail to work, fighting the charges head-on at trial can be the last option.
How to Improve Your Chances of Beating The Case
A good defense strategy can increase your chances of beating a DUI case. All that matters in the defenses is the facts of the case. And the right person to help you argue your case in court is a DUI defense attorney.
Your attorney may argue a lack of reasonable suspicion during the traffic stop. They may also suggest that the arresting officer followed improper procedures before the arrest. Other defenses include evidence mishandling and reasons invalidating the breath test results.
Effects on Your Criminal Record
Since DUI qualifies as a criminal charge, each conviction results in a felony or misdemeanor on your record. Multiple DUI convictions will stay on your record for life. They will appear in Criminal History Records.
Note: a DUI conviction will also appear on your background check and your criminal record for 75 years. And there’s no way to expunge the conviction.
Can You Still Get a Job?
Multiple DUI convictions won’t bar employers from hiring you. However, expect many employers to carry out background checks when considering you for a job position. Also, a lengthy driver’s license suspension can make it hard to find employment.
Since Florida is considered an at-will employment state, you risk getting fired from your job due to a DUI arrest or conviction. The termination will depend on your occupation, industry, employer’s policies on DUI, and your existing relationship with the employer.
You risk losing your job after being convicted for multiple DUIs for several reasons. First, since you will be spending a lot of time in court, it will be difficult to maintain your work schedule. Jail time and attending DUI school will also put you out of work.
How Multiple DUIs Impacts Other Aspects of Your Life
Multiple DUI convictions may make it harder for you to secure rental housing. This is because landlords do background checks, and some aren’t accommodating to tenants with a criminal record.
If you are yet to become a US citizen, a subsequent DUI conviction can take a toll on your immigration status. You risk facing deportation depending on the circumstances behind the DUI charge.
You may also lose your right if the DUI charge qualifies as a felony. The authorities may also revoke your rights to own a firearm due to multiple DUI convictions. Other life aspects that may be affected include child custody disputes, obtaining a professional license, and getting auto insurance.
Need Legal Help When Facing Multiple DUIs?
Facing multiple DUIs can make your life more complicated and risk your freedom. But with the right legal representation, this experience will be less daunting. Your attorney will help with the negotiations and defenses to improve the outcomes.
Trust RHINO Lawyers with your case, whether it involves criminal defense or personal injury. Our attorneys will involve you in developing unique strategies to help your case. Schedule a free case analysis now to get the answers you need.
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) RHINO-77.
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How Pregnancy Can Affect Your Personal Injury Claim
Pregnant women rarely hear about the risks of driving while they’re expecting. And yet, some estimates say that 5,000 fetal deaths occur yearly from car crashes.
This number could potentially be higher since miscarriages occur in 10%-20% of pregnancies during the first trimester. As such, legal authorities only document miscarriages that occur after the twentieth week.
Car accidents can be jarring and traumatic for pregnant women, even when their babies survive. A significant impact poses a substantial risk to your child.
That’s why it’s crucial to know how to file a personal injury claim as a pregnant woman. These claims can help you receive compensation for personal injuries, including the medical treatment you need.
Filing a pregnancy injury claim differs from filing a personal injury claim. But don’t let that scare you! We’ll provide the essential information about this process in the guide below.
Common Threats to Pregnant Women Caused by Accidents
Several types of accidents can pose a threat to expecting mothers. The injuries you sustain depend on how severe the accident was.
Unfortunately, several of these threats can also extend to your baby and its delivery. We’ll explore some of these threats so you can understand their potential risks.
Premature Delivery
First, you could experience premature birth. Doctors consider any delivery before 37 weeks a premature birth.
Medical studies indicate that accident victims have higher rates of premature labor than women who haven’t experienced an accident. Unfortunately, premature babies can struggle to survive, given their underdevelopment.
However, medical technology has advanced significantly. Many premature babies manage to survive and live healthy lives.
Mothers also face a higher likelihood of high-risk pregnancies when they experience car crashes. These complications require diligent monitoring by a physician to ensure the birth goes smoothly.
Placental Abruption
Another threat that an accident can cause is placental abruption. A forceful impact could cause your placenta to split from the uterus before the baby’s birth. Roughly 15% of babies with placental abruption die, making this a severe threat.
Miscarriages
The final threat we’ll discuss is a miscarriage. Miscarriages involve the death of the child in the womb.
This tragedy usually happens when a mother experiences a sudden or violent force. In many cases, the baby tragically cannot survive this trauma.
How Do These Problems Affect Your Personal Injury Claim?
When pregnant mothers become injured in accidents, several things must follow. First, you must seek medical treatment as soon as possible. The extent of this treatment could vary depending on the nature of your injury.
The type of injury you sustained could require additional medical costs. For example, you may need a Cesarean section for some of these injuries. This procedure can cost a significant amount of money.
Furthermore, there are other costs to consider. The problems listed above could cause birth defects to impact your baby. So, your child may need more medical attention, which costs more money.
If your child suffered a birth defect or injury due to a pregnancy accident, there are some options for claiming compensation. Some of these compensational expenses could cover:
- Surgeries
- Prescription medication
- Occupational therapy
- Physical therapy
You can also claim compensation for the time you spent out of work recovering from injuries. In these cases, the offending party may owe restitution for your lost wages. The same holds for the time taken off work to care for your child.
Compensation for Emotional Damages
Insurance companies often look specifically at medical bills when determining the amount of compensation they owe. However, physical injuries aren’t necessarily the worst thing sustained from a pregnancy accident.
After all, expecting mothers always have high hopes for their baby’s health. Accidents that jeopardize their health often leave expectant parents traumatized or anxious.
These emotional damages could earn you additional compensation when you go to court. Injured mothers tug at jurors’ heartstrings more than an insurance company that wants to withhold payments.
What Happens If Experiencing a Car Accident While Pregnant Causes a Miscarriage?
Tragically, miscarriages can occur because of car accidents. This outcome is the worst-case scenario, surpassed only by the death of the expecting mother.
So, what happens if you undergo a miscarriage because of a car accident? Unfortunately, many states will not allow you to bring a wrongful death lawsuit on behalf of that child.
Most states in the US require a child to be born alive before its death for you to bring this charge. There are a few exceptions to this rule, however. For example, Texas’s state law allows parents to bring a wrongful death lawsuit to court for an unborn baby.
Hire a Lawyer to Make Your Case
Once you receive your medical attention, start searching for a lawyer who can make your case in court. Your lawyer serves as your advocate against the offending party’s insurance company. They will make your case to the jury that this insurance provider owes you the money you demand.
The question is, how can you find the best lawyer for your case? There are a few critical criteria to use in your search.
First, it often helps to have a lawyer from your locality. These lawyers understand your local and state laws thoroughly. So, search for lawyers in your area who can handle your case.
Then, narrow your search by looking up a law firm’s reviews. How did other people in your situation judge this firm’s services? Did they get the compensation they required with this law firm?
Lastly, it helps to verify that your law firm has experience with cases like yours. So, check with this personal injury lawyer to see if they specialize in this type of personal injury lawsuit.
Consider Working With Us
Filing a personal injury claim is no small task. This work is your best chance at receiving the compensation you require for your injuries.
So, don’t leave your personal injury lawsuit to just anyone. Instead, work with our dedicated team to ensure you get the money you deserve.
We have an excellent track record of getting our clients their due compensation. We also strive to make it easy for people to receive a consultation about their cases.
To that end, consider scheduling a free video consultation with us today! You can use this time to tell us about your case and ask any questions before filing an injury claim.
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.RHINO.77.
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What Are the Penalties for Fleeing and Eluding in Tampa?
There’s a huge, palpable feeling of fear during a traffic stop, and that anxiety goes both ways!
Citizens fear police consequences and violence, while police also fear what they’re facing. This fear drives both parties to protect themselves. For some, this instinct to flee could result in criminal charges like eluding an officer.
Make no mistake about it, though. You won’t be able to use instincts as a defense against fleeing and eluding charges. You’ll need to construct a much better defense to avoid fleeing and eluding penalties.
Are you wondering what potential penalties you could face after an arrest? Read on to get informed.
1. Prison Sentence
Immediately upon getting arrested for fleeing to elude a charge, you’ll get taken to jail. Within a few days, you’ll have an initial hearing where a judge will set a bail amount.
For many, this is a relief because they can make bail and work on a defense strategy. For countless others who can’t make bail, it means an extended prison term until their court date.
The Bureau of Justice reported that 65% of inmates were awaiting trial in 2019.
When you’re charged with fleeing to elude, you should expect bail to be significant. After all, the judge will see you as a flight risk since you are already accused of trying to run away.
What’s more, your charges are a felony crime. These serious offenses come with higher bail amounts.
If you do get convicted, then you’ll serve even more prison time after your court date. In Tampa, you can serve up to five years in prison for fleeing and eluding.
2. Probation Term
If no aggravating factors exist in your case, then you might not serve much prison time. Instead, you could get sentenced to a very long probation term.
Per Tampa law, you can serve up to five years on probation for general fleeing to elude convictions.
Probation means that you will not get imprisoned, but you’ll still face restrictions. Expect to meet with your probation officer on a weekly or monthly basis. You may also be subject to the following terms:
- Allowing probation officers to come to your home or workplace
- Remaining employed during probation
- Paying any court-ordered restitution, penalties, or fines
- Not traveling outside of the county or city
- Submitting to drug or alcohol testing
- Refraining from committing any new crimes
- Not possessing or buying any firearms
Any violations of your terms of probation could lead to your arrest. You’ll face more criminal charges and likely end up in prison or jail.
What’s more, felony probation is stricter than other types of probation. Expect more frequent and intense monitoring.
3. Fines
As if imprisonment or probation weren’t enough, you’ll face more criminal consequences. These will come in the form of significant court fines and penalties.
With eluding charges, expect to face fines of up to $5,000. If sirens were activated and you were driving recklessly, then the fine might double.
Did you actually cause an accident while fleeing? Were others injured, or was property damaged? If so, then you might face more financial penalties in civil court.
If injured individuals seek out a claim, then you might be liable for their losses. In that case, you’ll need to stay up to date with this civil settlement to remain in good standing.
4. License Suspension
Another consequence of your arrest will be an automatic license suspension.
This suspension can last anywhere from one to five years. You will not have driving rights, which could impact work and personal relationships.
You do have the right to a DMV hearing if you request one, though. You’ll need to request this hearing within 30 days of your arrest. Otherwise, an automatic suspension will occur.
There’s a chance you can ask for a hardship license, which will allow you to get to work. This will only work if you have a stable job, though. It’s best to hire a lawyer to help with your DMV hearing.
5. A Loss of Civil and Constitutional Rights
All the penalties above are harsh, but they aren’t all you’ll contend with. Fleeing a traffic stop is a felony offense.
Felony arrests come with very specific consequences. If you get convicted, then you could lose certain civil and Constitutional rights. After your conviction, you’ll lose the following rights:
- Voting
- Possessing or owning a firearm
- Unrestricted international travel
- Ability to serve on a jury
- Applying for public assistance or housing
- Right to be free from discrimination for employment purposes
- Right to qualify for financial loans
Per Florida law, losing these rights is automatic and instant if you get convicted. Any violations of these conditions will result in more criminal charges against you.
It might be possible to regain your rights in the future if you expunge your record. This process is long, tedious, and not guaranteed. If you’re considering expungement, then you’ll want an attorney’s help.
6. A Loss of Future Opportunities
The criminal and civil penalties of a fleeing and eluding conviction are hefty. As if that wasn’t enough, you’ll likely suffer personal consequences for years to come.
Convicted felons struggle when it comes to finding stable employment. What’s more, your personal relationships will suffer after prison or probation.
Even once you’ve served your time, the ghost of your conviction will limit your opportunities. You might feel limited in where you can work, live, and be yourself.
Coping With Fleeing and Eluding Charges in Tampa
The penalties associated with fleeing and eluding an officer are significant. Considering your charge is a felony offense, the consequences couldn’t get much worse!
From prison time to losing civil rights, your sentence could be harsh. The best way to avoid the worst penalties is to hire a criminal defense lawyer to help.
Here at RHINO Lawyers, we value your freedom and understand what’s at stake. We’ll fight to work towards the best possible legal outcome in your situation.
Leave your contact details on our form now for a free case evaluation.
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) RHINO-77.
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