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. 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 from 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 experience 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
Florida law limits the time available to file a lawsuit after a car accident. For most Florida car-accident negligence claims arising from crashes on or after March 24, 2023, a lawsuit generally must be filed within two years of the crash. Claims arising from earlier crashes may be subject to the former four-year negligence period, and other types of claims can have different deadlines.
Nerve-damage symptoms may sometimes appear or be diagnosed after an accident, but a later diagnosis does not automatically restart the statute of limitations for an ordinary negligence claim. Florida applies delayed-discovery rules only in certain types of cases where the law specifically provides for them.
Because both medical symptoms and legal deadlines can be time-sensitive, seek appropriate medical care and determine the applicable filing deadline as soon as possible.
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 may 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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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 Is Considered Property Damage in a Car Accident?
Crashes don’t just dent your fender. They dent your wallet as well! The average cost of a car accident that results in property damage only is $4,700 per vehicle. That may be a few months of rent where you live.
You need to take property damage in a car accident seriously. One tricky thing about property damage is that it can mean a few different things.
What exactly is vehicle damage and personal belongings damage? How does damage to public property impact compensation claims? Can you get money for injuries to your pet?
Answer these questions and you can get the compensation you deserve after any car accident. Here is your quick guide.
Vehicle Damage
As you might imagine, the most substantial property damage from a car accident is usually the vehicle. A fender bender can damage your bumper as well as your suspension and tires. It may cost you hundreds of dollars to get repairs, and you may not be able to drive your car for a few hours.
A more serious collision can cost you thousands of dollars. You may need to take your car to a repair shop and use a rental for several days.
Even if your car seems fine, you may have damaged bolts or parts inside your engine. You should always evaluate your car after any collision and determine if everything is okay.
Florida is a comparative fault state. This means that compensation is tied to degrees of fault for the accident. If you sustained $10,000 worth of damage but you were at 30% fault for the accident, you can only receive $7,000 in compensation.
If your vehicle got totaled, you can receive money equivalent to the fair market value for your car. This lets you buy a new car, as the cost of repairs may exceed the cost of a new vehicle.
Personal Property
You can get money for anything that requires repairs or replacements after an accident. This includes electronics, clothes, audio equipment, and other personal effects.
The key is that you have evidence to back your claim up. You should have papers detailing how much each item costs and what the damage to each item was like.
It is okay if your property did not cost very much. You can go to a small claims court and file a lawsuit against the other driver to claim money back.
In a small claims court, you must prove that the other driver was negligent. You can point out that they caused the accident and did not act with appropriate care. They may have been speeding or using their phone while driving.
You can represent yourself in a small claims court, or you can ask a car accident property damage attorney to help you out. They can use their legal experience to build a case for you, or you can ask them questions about how you can build your own case.
You can receive compensation for the damage that occurred on your property. If a driver knocks down a fence or a tree on your property, you can get money to fix the damage.
Public Property
Public property includes roadways, road signs, sidewalks, and other pieces of land regularly used by the public. Many car accidents result in damage to public property.
The at-fault driver will need to pay for these damages. They may also be charged with damages to public property, which can lead to significant fines.
Damage to public property does not affect your property damage claims. Even if a judge determines that the driver damaged public land, they may not determine that the driver is responsible for damaging your property.
Both drivers in a collision can be held accountable for damaging public property. You may have swerved onto a sidewalk, causing a tile to chip. Even if you were not at fault for the accident, you may need to pay for the damage to the sidewalk.
You should contact a car accident lawyer for property damage if you are accused of damaging public property. If you can show that the damage was an unintentional outcome of the accident, you may not need to pay. The force of the collision may have pushed your car onto the sidewalk.
Pet Injuries
Injuries to your pet count as property damage. You can receive compensation from the other driver’s liability coverage. If you have pet insurance, you may also get money to cover the cost of surgeries and medical treatment.
You should take steps to protect your pet while you are driving. You should restrain your pet with a seatbelt or put it in a cage so it cannot escape.
Some car accident insurance policies do not cover injuries to reptiles, fish, birds, and other pets. Take a look at your policy to see what it covers and try to buy another insurance package that protects your pet.
The signs of injuries for a pet may not be apparent. Some pets hit their heads. Which can cause internal bleeding that takes a few hours to become fatal. You should always take your pet to the veterinarian to have them checked out.
The Essentials of Property Damage in a Car Accident
Property damage in a car accident can cost thousands of dollars. That’s because it includes damage to your vehicle, your personal belongings, and your pet.
You can receive money for any of these damages, but you need to have proof to back yourself up. Plus, you need to show you were not at fault for the accident, and you must have paperwork regarding the damages. You also need to defend yourself against claims that you damaged public property.
The best way to build a case is to get a lawyer. RHINO Lawyers serves Florida residents. Contact us today.
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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Can Your Driving Record Affect Your Injury Claim?
Imagine this:
You’re driving down the road, completely focused, with both hands on the wheel, going the speed limit, and suddenly, someone rear-ends you. You sustain a neck sprain from the accident, so you file an injury claim with the at-fault driver’s insurance company.
It’s evident you didn’t do anything wrong in this situation, but the insurance company pulls your driving record and sees it’s not so squeaky clean. In fact, on paper, you look like the one who is a bad driver.
Can the insurance company use your driving record against you when you file a claim?
Unfortunately, they often can.
So keep reading as we dive into this topic, and you learn exactly how your driving record can impact an insurance claim.
Who Is Entitled to Compensation From an Injury Claim?
Before discussing how a poor driving record can affect an injury claim, you should know that if someone else injures you in a car accident, you are legally entitled to compensation.
You should never let blemishes on your driving record stop you from filing a personal injury claim against the at-fault party. First, however, you want to hire some legal help when filing a claim.
Although your driving record alone cannot prevent you from receiving compensation, it can lower the amount you receive from the insurance company for your claim. Neither party can use evidence of prior convictions of criminal-based driving offenses to prove guilt. Examples of these convictions include:
- Careless driving
- Driving with an expired or suspended license
- Fleeing the scene of an accident
- Hit and run
- Illegal drag racing
- Vehicular manslaughter
But, attorneys can use your driving record to doubt your credibility and testimony. Thus, hiring a lawyer to help you with your claim is the best way to get the compensation you deserve.
Insurance companies use many tactics to pay less money on claims, so you want someone in your corner fighting against them and for what you are owed for your pain and suffering.
How Insurance Companies Try to Use Your Driving Record Against You
If you have one parking ticket or a single moving violation on your driving record, it won’t be enough for the insurance company to try to use it against you.
But suppose you have multiple tickets for distracted driving, several speeding tickets, or a conviction for a criminal-based driving offense. In that case, they may try to establish a pattern of poor driving.
If they can show you are a reckless driver, they may try to say you were actually the at-fault driver in the accident. They can use this information to counter your claim and deny you financial compensation.
Remember, you’re only entitled to compensation from an at-fault party.
Based on your driving record, they may be unable to outright blame you entirely for the accident. But they can still try to allege you were partially at fault.
Being partially at fault would undervalue your claim so that the insurance company would pay you less. Every state has negligence laws that prevent you from receiving part or all of your compensation if you were partially to blame for the accident.
The insurance company may try to use your driving history to establish some fault and paint you as a negligent driver. Then, they wouldn’t have to pay as much in compensation to you for your injuries.
Pre-Existing Injuries
Aside from trying to establish a pattern of poor and negligent driving to reduce your compensation, the insurance company may also try to prove your injuries were actually from a prior accident.
For instance, if your driving record shows you were in a previous accident, the insurance company may try to use that as a way to state that your current injuries are just pre-existing.
If they successfully prove this, they could prevent you from receiving any money. This is because pre-existing conditions are not compensable in personal injury claims.
However, if you did have a prior accident, but this most recent accident aggravated pre-existing injuries, you can still receive compensation. You would need the assistance of an attorney to help you collect proper evidence to prove the accident worsened your condition.
Additionally, the insurance company cannot claim your injuries wouldn’t have been so bad if you didn’t already have a pre-existing condition. So they have to accept your condition as it is. This is the eggshell skull rule.
Can Your Driving Record Help You in an Injury Claim?
Your driving record isn’t all bad news for your injury claim.
While the insurance company may try to use a poor driving record against you, it can benefit you in your lawsuit if you have a clean or primarily spotless record.
If the insurance company tries to paint you as a negligent driver or establish fault, your lawyer can use your clean record to demonstrate you’re a careful driver. This could benefit and strengthen your claim.
Further, you can introduce the other driver’s record into the court. If the at-fault driver has a history of car accidents or moving violation tickets, this could help your case. Your lawyer can use the other driver’s record to establish a pattern of negligent driving.
This may take any fault away from you and strengthen how much compensation you are entitled to receive.
If one party wants to submit driving records to the court, it’s best to present both drivers’ records to establish fault better. Again, it will work in your favor if you have a history of being a safe driver.
Hire a Lawyer for Your Personal Injury Claim
If you’ve recently been in an accident and want to file an injury claim, you must hire a lawyer first. It’s the best way to ensure you receive the compensation you deserve.
Contact us at RHINO Lawyers to speak with an attorney today. We’ll offer free advice to you 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.RHINO.77.
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A Drunk Driver Hit Me in Tampa, Now What?
Consider this scenario: you’re driving home from work one evening, ready to get home to your family and relax. And out of nowhere, a driver runs a red light and t-bones your car.
Thankfully, your injuries don’t appear too serious, but you go to the hospital just to get checked out. Your brand new car is totaled and now you’re wondering what to do.
Getting hit by a drunk driver is devastating. An accident can cost you considerably. Including medical costs, replacing your vehicle, and dealing with the pain and suffering that often occurs afterward.
Do you know what to do to protect yourself after an accident and ensure that you are adequately compensated for your expenses? If not, we’re here to help. Read on to learn more about what to do after a drunk driving accident.
Call the Police
Calling the police should be one of the first things you do if you are in an accident with any driver, but especially a drunk driver. The police will secure the scene, conduct a preliminary investigation so they can write an accident report, and arrest the driver if they suspect that they are under the influence.
You will need the police report for any insurance claims and if you want to seek compensation from the drunk driver and their insurance company.
Seek Medical Care
When you call the police or call 911, paramedics will also respond to the crash scene. Whether you get medical care at the scene or visit a doctor later on your own, you need to seek medical care.
Even if you think you only have minor injuries, the adrenaline from the accident may be masking pain or internal injuries that can be serious if left untreated.
If you later file a claim against the drunk driver, you will also need documentation of your injuries. Keep records of all of your doctor visits, any paperwork you receive, and receipts for anything you pay out of pocket. Plus, be sure to follow any instructions given to you by a doctor. If you do not follow your treatment plan, insurance companies will often use that as a way to argue that your injuries aren’t that serious.
Document the Accident
If you are able to do so, and it is safe, document the accident scene and damage as much as possible. Take pictures of the damaged vehicles, other damaged areas (guard rails, signs, etc.), and the entire accident scene. If you can take pictures and videos, that’s even better.
You can also document your injuries, especially if they are visible, such as swelling and bruising, cuts, scrapes, etc. Make a note of the day and time of the accident, the weather, and any other relevant details you can remember.
If there are any witnesses, gather their contact information at the scene. This will likely be included in the accident report, but you will want to make sure that you have that information as well, just in case. When you speak to an attorney, they will likely want to contact any witnesses.
Contact Your Insurance Company
Once you have received medical care, you will need to contact your insurance company. They will often work with the insurance company of the driver that hit you to determine fault. And will typically go after that driver to cover your expenses.
You will likely need to give your insurance company the accident report and keep in touch with them as the claim progresses. It is important though to remember that you should not talk to the insurance company for the other driver without consulting with your attorney. Anything you say to them can be used against you and you do not want to admit any fault or agree to any settlements without legal guidance.
Hire an Attorney
Insurance companies want to pay out as few claims as possible for as little money as possible. Their focus is their bottom line, so if you file a claim against the other driver, they will do everything they can to either deny your claim or pay you as little as possible.
This is why you need an experienced car accident attorney. They can handle negotiations for you and get you the compensation you deserve.
If the other driver does not have insurance, you will have to sue them directly. Your attorney can help you negotiate this as well. Many attorneys provide free consultations, so speak with a few different attorneys to see if you have a strong case.
Keep Records of Everything
Keep documentation of everything to help your attorney build your case. If you receive any phone calls about the case, make notes of those. Document every person that you talk to, including the date and time of the conversation.
Keep all the pictures and videos from the accident scene and share those with your attorney. As well as, any other receipts, police reports, and witness contact information.
Avoid Social Media
One thing that can often hurt your case is posting on social media. The insurance company of the at-fault driver will often comb through your social media posts. Because they are looking for evidence that your injuries are not as severe as you say.
Avoid posting anything about the accident on social media. In fact, don’t talk to your friends about it, and don’t talk to insurance adjusters.
Hire a Lawyer to Represent You After A Drunk Driver Hits You
If you have been hit by a drunk driver, you need to ensure that you are compensated for your injuries, medical expenses, lost wages, and damaged property. There are not just criminal penalties for driving drunk. A drunk driver who causes an accident is also responsible for your costs as well.
If you are in need of a personal injury attorney to handle your case, contact RHINO Lawyers. We focus on car accident cases and will provide a free case evaluation.
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 Is a Compulsory Medical Exam and Why Are They Requested?
Did you know that Florida is home to the deadliest mile of road in all of America? No wonder thousands of Floridians each year have to file personal injury claims for car crashes and other accidents.
If you’ve started this process, you may have heard the term ‘compulsory medical examination’ mentioned. Most people who file a personal injury claim don’t have to worry about this. But sometimes, when filing a personal injury lawsuit. The opposing party will request one to make sure that your injuries are as bad as you say they are.
Legal terms can be confusing, so we’re here to answer any questions you may have. Read on to find out what’s involved in a compulsory medical examination and how to cope if you have to face one.
Legal Terms: What Is a Compulsory Medical Exam?
A compulsory medical examination can be requested in a personal injury lawsuit. This is in accordance with Rule 1.360 of the Florida Rules of Civil Procedure. It can only be requested when “the condition of the subject is in controversy”.
Translation – the other party does not believe your account of the severity of your injuries. Or they believe that the injuries were not sustained in the way you describe and were therefore not their responsibility.
The requesting party must prove to the judge’s satisfaction that they have good cause for making the request. In fact, many cases never reach this point. Because they can settle most cases out of court. However, the opposing party may still request an examination. Plus, it’s good to prepare for this eventuality.
The opposing counsel must make their request for a medical exam no later than 70 days before the docket sounding date. This allows time for objections.
Can You Refuse a Compulsory Medical Examination?
If you hire a personal injury lawyer, they can challenge the need for a compulsory medical exam. They have to make this challenge within 30 days of receiving the written request. They can request that the opposing counsel produce evidence in court to back up their request. But refusing the request for a medical exam may not be in your best interests.
This underlines the importance of getting experienced legal help. They can advise you on the right move, which will vary from case to case.
Is It the Same as an Independent Examination?
Let’s clear up a common misconception. A compulsory medical examination is not the same as an independent examination. There is nothing independent about this process.
If you’re the plaintiff (person who brings the case) against an insurer, for example, they (the defendant) may request an examination. The defendant will choose the doctor who will conduct the examination.
This is an important point – the doctor is not court-appointed. However, it is the responsibility of the doctor to be objective and present the findings in an unbiased manner. It is debatable whether this is always the case.
Legal Requirements for the Compulsory Medical Examination
The State of Florida sets out several requirements for the compulsory medical examination. This includes:
- Both parties must coordinate the date and time of the examination
- If there’s no agreement, the court will set the date
- Examinations should occur in the county where the case is being tried
- The plaintiff’s counsel, a videographer, a court reporter, an interpreter, and, if needed and parent or guardian may attend
They can ask the plaintiff to complete a patient information sheet. Which they should bring to the examination. They may also ask you to bring original medical records. As well as diagnostic aids if the defendant requested them.
Only non-invasive procedures can take place during the compulsory medical examination. If this is not enough, the defendant will need to obtain a court order.
The medical examiner must produce a detailed written report. Both parties will receive this. The medical examiner must not offer any further evidence that is not contained in this report.
This is an overview of the basic requirements. As other legal issues can arise relating to the medical exam, get advice at every stage from your personal injury lawyer.
Preparing for a Compulsory Medical Examination
No one looks forward to a compulsory medical examination, but with good preparation, you can navigate it successfully.
Since you have a genuine claim, there is no need to worry. Be honest about your medical condition, but don’t exaggerate it. Talk about what happened and your suffering clearly and truthfully.
Throughout the examination, be polite, serious, and cooperative. Think carefully about your answers and reply in your own words.
It’s a good idea to have your attorney present during the examination. If asked to sign anything, check with your attorney first.
It might seem weird to have a videographer and court reporter present throughout the examination. But this is for your protection. You’ll have an accurate recording in video and transcript form of exactly what took place.
Should I Get My Own Exam as Well?
This might be a good idea – check with your lawyer first. If you do. Then follow the same procedures. And make sure you recorded it. Try to schedule your medical exam on the same day or as close as possible to the compulsory one.
Choose RHINO Lawyers After a Car Accident
After reading this, you might wish that compulsory medical exam was among the legal terms you don’t understand! Indeed, no one would ever want to go through this process. But with excellent legal help, you can prepare well and reduce the stress involved.
At RHINO Lawyers, our personal injury lawyers are here to help you no matter how your accident happened. They’ll help you get the compensation you deserve for the pain and suffering you’ve endured.
Why not schedule a free video consultation today to learn more about how they can 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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Car Crash: Chiropractor vs. Orthopedic Doctor: What Is the Difference?
Between 14,000 – 17000, car accidents occur every day on American roads, and in 2020, 43% of these led to injuries. After a car crash, you may sustain back, neck, and other musculoskeletal injuries ranging from minor to severe.
Seeking medical treatment will depend on the types and severity of the injuries sustained. In the event you or a loved one gets in an accident, it’s crucial to know what kind of doctor can best help you.
Do you need to see a chiropractor or an orthopedic surgeon? Which is best for you, and what is your deciding factor in choosing one or the other? Let’s take a look at the differences between the two.
What Is a Chiropractor?
Chiropractors focus on treating disorders of the musculoskeletal system without surgery. They use a combination of manual therapy and manipulative techniques to adjust the spine and other joints in the body. They also often incorporate lifestyle changes and exercise into their treatment plans. Because they are not licensed medical doctors. And thus cannot prescribe medications.
Chiropractors can treat a wide range of injuries, including:
- Whiplash
- Lower back pain
- Sprains and strains
- Joint pain
- Headaches
- Carpal tunnel syndrome
What Is an Orthopedic Doctor?
Orthopedic surgeons are medical doctors licensed by the state. They have completed extensive training in the treatment of musculoskeletal injuries. These doctors can prescribe medications, perform surgeries, and provide other types of interventions.
Orthopedic physicians treat many of the same injuries and conditions as chiropractors. However, they are more likely to recommend surgery for serious injuries or conditions. They may also be more likely to prescribe medications, such as painkillers or steroids, for relief.
Some of the most common conditions that orthopedic surgeons treat include:
- Arthritis
- Fractures
- Torn ligaments
- Dislocated joints
- Osteoporosis
What Is the Difference Between a Chiropractor and an Orthopedic Doctor?
The biggest difference between chiropractors and orthopedic surgeons is in their area of focus. Chiropractors focus on nonsurgical treatment. Orthopedic surgeons correct disorders through more invasive medical means.
They consider chiropractic care unconventional therapy or alternative medicine. Orthopedists utilize cutting-edge technology and treatment options to help their patients.
Another key difference is their length of study. Chiropractic doctors earn a Doctor of Chiropractic at the end of their course of study. And their state of practice requires them to register. Their course of study is not as extensive as that of an orthopedic surgeon. Though they can treat far more medical conditions using their alternative methods. They will often employ realignment procedures, acupuncture, and other less invasive means of treatment.
Orthopedic surgeons must complete four years of undergraduate school. Plus, four years of medical school, and an additional five to seven years in a residency program. After their residency, they must then pass a state-administered exam. Before the state will issue a license to practice medicine.
While chiropractors focus on the entire musculoskeletal system. Orthopedic surgeons specialize in particular areas. For example, some may focus on the spine while others concentrate on the extremities like the shoulder, elbow, or knee.
Since they consider chiropractic medicine alternative medicine. Insurance providers may not cover your treatment. So unless you are able to pay out of pocket or have a good car crash attorney, it may not be in your best interest to consult a chiropractor.
When to See a Chiropractor vs Orthopedic Surgeon
In general, you would see a chiropractor for conservative treatment of musculoskeletal problems while an orthopedic surgeon is best for more serious injuries that require injections, medicine, or surgery.
Chiropractors are often the first line of defense against back and neck pain as well as headaches, TMJ, and carpal tunnel syndrome. If you have suffered a sports injury or been in a small car crash, your primary care physician may refer you to a chiropractor before considering surgery.
On the other hand, if you have been in a major car accident or have suffered a serious injury like a broken bone, herniated disc, or torn ligament, you will likely be referred to an orthopedic surgeon.
What Will Insurance Cover?
As mentioned earlier, insurance companies may not cover chiropractic care. They may, however, pay for some orthopedic services. For example, if you have a work-related injury, your workers’ compensation insurance should cover the cost of your treatment.
If you have been in a car accident, your auto insurance should cover the cost of your medical care, including any visits to a chiropractor or orthopedic surgeon.
It’s important to check your coverage with your insurance provider. Before making an appointment with either type of doctor.
Legal Options
A car crash attorney is another person you should talk to if you have been in an accident. Medical expenses, loss of job or income, and pain and suffering are only a few of the many types of damages that may be available to you. The effects of a car accident can be overwhelming, but an experienced car crash lawyer will fight for the compensation you deserve.
Car crash attorneys are often able to get you a higher settlement than if you were to go it alone. They will do the majority of the work so that you can focus on your recovery. They will also ensure that your medical care and all bills incurred as a result of the car crash are handled.
Hiring a Car Crash Attorney
If you have been in a car crash, it is important to consult with a car crash attorney as soon as possible. An experienced lawyer will be able to guide you through the legal process and help you recover the compensation you deserve.
RHINO Lawyers in Tampa and Lakeland, Florida represent car crash victims throughout the state. We offer a free consultation so that we can review your case and answer any questions you may have. Contact us today to schedule a consultation.
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 Not Wearing a Seatbelt Can Affect Your Car Accident Claim
Every year, around 15,000 people survive road crashes because they wore a seatbelt. Wearing a seatbelt reduces your risk of injury or death in a car accident by up to 50%. Florida law mandates that all passengers and drivers in motor vehicles wear a seatbelt.
If you were in a car accident and were not wearing a seatbelt, it can affect your car accident claim. It’s essential to always have your seatbelt on while in a car for legal and safety reasons.
This guide will discuss how not wearing a seatbelt can affect a car accident claim. We’ll detail the requirements set forth by the state of Florida.
Basic Information About Florida’s Seatbelt Law
Florida passed a law in 2009 that said all passengers and drivers need to wear a seatbelt. Failing to wear a seatbelt is a primary traffic offense. You can get stopped by a cop and receive a citation if anyone in your vehicle isn’t wearing a seatbelt.
There are a few exceptions to the seatbelt law. For example, the following individuals don’t have to wear a seatbelt:
- Employees delivering newspapers
- An individual driving farm equipment
- People riding in a school bus bought new before December 31, 2000
- A person certified by a doctor who has a medical condition where wearing a seatbelt is dangerous or inappropriate
Failing to wear a seatbelt can cause people involved in a traffic collision to get ejected from their vehicle. Some of the injuries that might result from that include:
- Facial injuries
- Traumatic brain injuries
- Paralysis
- Dental injuries
- Road rash
- Broken bones
- Amputations
You still have a right to receive compensation for your injuries, even if you weren’t wearing a seatbelt.
How Can Not Wearing a Seatbelt Affect a Florida Injury Claim?
Florida law does not make failure to wear a seatbelt negligence per se, and a seatbelt violation does not automatically prevent an injured person from recovering damages. However, seatbelt nonuse may be considered as evidence of comparative negligence in a civil case.
Florida now uses a modified comparative fault rule for most negligence cases. Damages are reduced by a party’s percentage of fault. If a party is found more than 50% at fault for their own harm, that party generally cannot recover damages.
In a car-accident case, the other side may argue that failing to wear a seatbelt contributed to the injuries. Whether that argument succeeds and how it affects damages depends on the evidence and facts of the case.
How Much Will My Compensation Get Reduced in Car Accidents Without a Seatbelt?
If you weren’t wearing a seatbelt and the courts determined you were 10% at fault for your injuries, your compensation would get reduced by that percentage. For example, a car accident claim awarding you $100,000 will be $90,000.
The at-fault percentage is determined based on your case. Depending upon your injuries and the circumstances of your car accident, the court might decide you were more at fault.
Why Should I Hire an Attorney for Not Wearing a Seatbelt in an Accident?
The laws surrounding car accident claims are complicated. They become even more convoluted if one of the drivers and/or passengers isn’t wearing a seatbelt. You need to partner with an experienced attorney who can argue on your behalf, ensuring you receive the highest compensation possible.
Schedule Multiple Consultations
Most auto accident attorneys don’t charge for an initial consultation. You should schedule consultations with a few different lawyers to find one you’re comfortable with. You want to find a legal team with your best interests in mind.
Discuss Their Fees
Many car accident lawyers don’t require you to pay until they win your case. There are some attorneys out there that might require an upfront fee. Find a reputable lawyer who doesn’t require payment to start your case.
Ask Them About Their Experience
You want to find a lawyer that’s successfully settled cases like yours in the past. Ask them how many claims they have worked on where the driver wasn’t wearing a seatbelt. Additionally, you want them to be well-versed in the state and local laws surrounding your case.
Bring All Necessary Documents to Your Consultation
Provide your attorney with all the information you have about your case. Some documents you should bring include:
- Your auto insurance policy
- Medical records
- Police report
- Medical bills
- Health insurance policy
- Pictures of the wreck (if you have them)
- Contact information of the other party
Your attorney will use this information to build your case as quickly as possible.
Be Patient
Settlements don’t happen overnight. It could take months, sometimes years, to settle with the other party. Your lawyer should constantly contact you throughout the legal process, providing you with updates.
Partner With an Experienced Car Accident Attorney in Florida
Not wearing a seatbelt can complicate your car accident claim. So, you need a qualified car accident attorney to create a strong argument on your behalf.
If you’ve been in a car accident and sustained injuries, our team at RHINO Lawyers is here to help. Contact us today to schedule a consultation.
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 Your Prescriptions Can Affect Your Driving Safety
Drugged driving is no joke. A 2020 study of nearly 3,000 American drivers found that taking medications leads to higher rates of unsafe driving. Drivers who are on prescription medicine are more likely to speed and brake suddenly, which can cause accidents.
Driving safety depends on your ability to handle prescription drugs and driving practices well. Before you hit the road, you should understand how prescription medicines and driving relate to each other.
What common medications affect driving safety? Do they have side effects, and how can you avoid them? What should you do if you must take medications and then go driving?
Answer these questions and you can remain a safe and healthy driver for years to come. Here is your quick guide.
Medicines That Affect Driving Safety
Many prescriptions make it difficult to drive safely. Understanding what prescriptions impair driving abilities and why they impair them is the first step toward resolving the dangers of driving with prescriptions.
Sleep Medicines
Sleep medicines include sleeping pills, sedatives, and hypnotic drugs. These medicines can make you fall asleep while you are driving. While you are awake, you may become distracted or drowsy, which can lead to an accident.
Oral tablets are just as dangerous as oral sprays. It may take a little longer for oral sprays to work, but their side effects are significant.
The effects of sleep medicines can last for longer than one night. You may be less alert and able to drive in the morning after you wake up. Read the labels of your prescriptions so you understand how long they last.
Allergy Medicines
Many allergy medicines contain antihistamines, which relieve allergies. However, antihistamines can slow your reaction time down and make it harder to focus. If you are driving for a long period of time, you may become disoriented.
Sleep medications can increase the sedative quality of antihistamines. Do not take an allergy medicine within a few hours of taking a sleeping pill.
You can rinse your sinuses instead of taking medication. This will clear your sinuses and nasal passages up. You can buy a saline solution at a store and use a spray bottle or pot to pour the solution into your nose.
Pain Relievers
Some pain relievers will not affect your driving ability. You can take aspirin or Tylenol without encountering any major issues. But combining pain relievers with other medications can cause problems, so you should take pain medications on their own.
Opioid medications can cause drowsiness by themselves. Some drivers become confused and fail to read street signs properly as well. You should avoid driving for several hours after you take OxyContin or another opioid.
Muscle Relaxants
Muscle relaxants can start affecting your body within 30 minutes. You may not be able to move your arms and legs properly, and you may become tired. You can also get charged with a DUI if you start driving erratically because of your relaxants.
Some types of relaxants have more prominent effects than other types. A 2020 study found that people on cyclobenzaprine did worse on driving tests than people on tolperisone.
Anti-anxiety Medications
Some anti-anxiety prescriptions rely on benzodiazepines, which suppress the nervous system. They can calm you down, but they can also make you drowsy and give you brain fog. Some people experience lightheadedness and memory loss, especially during difficult situations like driving.
If driving makes you anxious, you can take antidepressants instead. Most of them do not create a sedative quality, and they can improve your mood.
How to Take Prescription Medicine and Drive Safely
Prescription drugs have a lot of benefits for your health. You should not stop taking the drugs just because you’re worried about your driving ability. But you should figure out how to make prescriptions and driving work.
If you can find alternatives to your current medications that don’t affect your driving, you should take those alternatives. If your current drugs are the only drugs you can take, you can change your medication schedule. You can take your medications after you’re done driving or while you’re on a break.
When you must drive, you should ask someone to go with you. They can take over for you when the side effects kick in and you can sleep in the passenger seat.
While you are driving, you should use good defensive driving techniques. You should follow all posted signs and remain well below the speed limit. Stay out of the passing lane so faster drivers can pass you.
If you are by yourself on the road and you feel like you cannot drive, you should pull over right away. You can take a nap to bring your energy levels back, or you can call someone and ask them for a ride.
If you take multiple medications, you should space your medications out to avoid dangerous mixtures. You may need to wait a few hours before taking your next pill.
Alcohol can make the effects of your medications more prominent. You should not drink an alcoholic beverage and take your prescription within a few hours of each other.
The Essentials of Driving Safety While on Medication
Driving safety is always hard to achieve, and taking medication can make it harder. Common medications like sleeping pills and antihistamines cause drowsiness and inattentiveness. Combining pills together can make the side effects worse.
The benefits of these medications outweigh the side effects. You should adjust when you take your medications and when you drive so you don’t become drowsy on the road. You should also drive using defensive techniques and after resting.
If you get into an accident, you can get help. RHINO Lawyers serves Tampa residents. Contact us today.
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 Causes Jaw and Ear Pain After a Car Accident?
Did you know that Tampa is the fourth worst city for traffic-related car accidents? When you get into a car accident, your body gets subjected to many strong forces. While some people might walk away from a fender bender with no injuries or just a few scrapes, others aren’t so lucky.
Some people experience jaw and ear pain after a car accident. There are many causes for these symptoms. Receiving medical attention after you’re in an auto accident is essential to remedying this injury.
This guide will discuss the cause of ear and jaw pain after an auto accident. We’ll also discuss what injuries can result in TMJ pain and how to treat them.
Why Do I Have a Hurt Jaw and Ear After My Car Accident?
Many people might not know that the only part of their skull that can move is their jaw. Your jaw is comprised of two parts. They are the following:
- Mandible: Moveable part of your lower jaw
- Maxilla: Upper part
We often associate our jaws with our chins, but your jaw is larger than that. Your jaw’s hinge starts right in front of your ear. This allows you to exert a lot of force when you chew and have a broad range of motion.
Even though our jaws are responsible for many things our body needs, the bones are fragile. Stress on your jaw can disrupt your everyday activities, like talking, sleeping, or eating.
If a person has issues with the ligaments or muscles around their jaw, it’s called TMJ disorder. It’s named for the joint connecting your jaw to your skull.
Symptoms of TMJ pain include:
- Facial or ear pain
- Headaches
- Problems chewing
- Jaw tenderness
- Joint pain
Auto accident TMJ pain occurs when you’re in a car accident that results in a heavy impact on your skull or head. This typically occurs when your head strikes something like an airbag, dashboard, or window.
Additionally, the quick front and back movement that causes whiplash can also result in pain in your jaw and head. You can also encounter a broken or sprained jaw joint.
How Is TMJ Diagnosed?
Even if you don’t show any visible injuries from your car accident, you should still get evaluated by a medical professional. Some injuries, like TMJ, might not be evident for a few days after your accident.
A healthcare professional will conduct various tests to diagnose TMJ. Some of these tests include:
- MRIs
- X-rays
- Muscle, join, and head examinations
- Bite alignment evaluations
What Are the Treatment Options?
There are a few non-invasive practices and therapies your doctor might employ if they’ve diagnosed you with TMJ. These techniques include:
- Anti-inflammatory medications
- Orthodontic care
- Mouthguards
- Jaw muscle and soft tissue massages
Surgery is only necessary in severe TMJ cases. Your doctor will prescribe the best course of action based on your symptoms.
Why Are My Ears Ringing After a Vehicle Accident?
Your inner ear is a complex yet fragile part of your skull. It can get affected by the following things:
- Pressure
- Force
- Changes in air pressure
- Alterations in cabin shape
When you get in a car accident, flying debris can hit your ear, damaging the inner ear. If you’ve experienced an ear injury, you might encounter the following symptoms:
- Nausea
- Pain
- Dizziness
- Ringing
- “Clogged” sensation
The above symptoms could also indicate that you have whiplash. Severe symptoms, like fluid discharge or bleeding, could mean that you have a spinal injury or skull fracture. You should seek medical attention immediately.
What Should I Do After a Car Accident?
If you’ve been in a car accident, you should first get your vehicle to safety. If you’re unable to move your car to the side of the road, put on your hazard lights. Safely vacate the car if you can.
Next, evaluate yourself and your passengers for any injuries. Contact 911, even if no one has any visible injuries.
You should also notify the police when you have an accident. The police report will be essential when pursuing compensation for your injuries.
Then, get the other vehicle’s information. You’ll want the following information:
- Make, model, color, and year of the other car
- The license plate number of every vehicle involved
- VIN numbers, if possible
You should try and get as many photos of the accident site as possible. Make a note of cameras in the area, such as red-light cameras or security cameras on nearby buildings.
If there were any witnesses, get their contact information. You should also ask the other driver involved for their driver’s license and car insurance information.
One of the most important things you should do is don’t say you weren’t hurt. Some soft tissue injuries, such as TMJ, don’t appear immediately. You don’t want your claim to get denied because you said you weren’t hurt.
How a Car Accident Attorney Can Help
If you’re suffering from ear and jaw pain after a car accident, you’ll likely have to endure multiple doctor appointments to get a diagnosis. Once your doctor has determined the cause of your pain, you’ll have to undergo treatments and additional appointments. The cost of these appointments and any related medications can add up quickly.
If another driver’s negligence caused your car accident, you’re entitled to compensation. You can recoup your lost wages and medical costs. An experienced auto accident lawyer can help you navigate the claims process.
Don’t Suffer Through Jaw and Ear Pain
Jaw and ear pain might not be something you typically associate with an auto accident. Unfortunately, car accidents can result in various injuries that can severely affect your daily life.
RHINO Lawyers is here to help you recover damages for your car accident-related injuries. Contact our office today to get in touch with one of our lawyers.
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.
Read More