The following steps are important if you are involved in an accident which causes injury in the state of Florida.

 

An injured party should first seek medical treatment even prior to contacting a lawyer.

Even if a person does not believe, at first, that they are seriously injured, one should visit the ER Dept. of a hospital, Urgent Care, or a clinic to make sure they are well. Seeking medical attention has another advantage. When injuries are timely recorded, then said documentation can be used in and to substantiate a personal injury claim or lawsuit.

One should gather sufficient information to make a claim or sue the correct driver or negligent party or at fault party in a motor vehicle or other type of accident. Needed information includes but is not limited to name and contact information of the other responsible party (driver, owner, etc.) as well as the car’s make and model, license plate number, etc., check the intersection or nearby businesses with security cameras. One should find out if there are any Witnesses and get their names and contact data.

Thereafter, file a Police Report. Even if an involved party does not have all the necessary information, the police can often use their expertise to track down the driver, owner, etc.

 

Keep Records of any expenses resulting from the accident, such as property damages, rental bills, medical services rendered and reports of any injuries or a medical diagnosis, and insurance.

 

Finally, contact a trusted or recommended and experienced Florida Personal Injury Attorney. Get at least a consultation with a local Personal Injury Attorney regarding the details of one’s case. The Attorney and legal staff will evaluate the case and help determine whether there is negligence on the part of the other party involved; the extent, severity, and cost of injuries sustained based on medical reports or records; and consider legal options in seeking compensation for the injuries and damages incurred from the subject accident

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A party to an accident should ask their lawyer any questions about their case both initially and throughout its progression.

If one has suffered injury or illness related to their personal injury claim, they should keep all medical appointments and follow-ups. If an injured party cancels or misses appointments, the responsible party’s adjuster or lawyer can use it against them, claiming the injuries are not as severe as claimed or one is not doing all they able to properly recover. One should tell their physician about any symptoms and follow all medical advice related to their personal injury claim.

As far as things not to do, they include but are not limited to limiting discussions regarding their case to their own Lawyer, who is their advocate and guide. Discussions with insurance adjusters, defense attorneys, and other outside parties may compromise the personal injury case.

 

Avoid posting online information regarding the subject case on social media, particularly when the case is still pending, since any information posted to social media such as Instagram, Facebook, Twitter, and elsewhere can be used out of context by the liable party’s defense counsel and insurance adjusters to minimize the legal claim or even damage the case.

 

Following an accident, one will customarily be questioned or interviewed by an insurance representative or investigator regarding the incident. In many cases, those interviews, statements, or conversations will be recorded, making it important that the injured party only provide the basics, i.e., name, address, date and time of accident and injury and share the rest of the details with their attorney.

If an individual is an accident victim who was injured in Florida, or has questions on their personal injury case, please contact one of the experienced attorneys at the law firm of CASERTA & SPIRITI.

Lady Bird or Ladybird deeds are recognized in a number of statesincluding Florida. Each state has its own requirements for validity, so it is important to use a lady bird deed form specifically designed for use in the state where the property is located. The lady bird deed in Florida allows one to avoid probate court, reserve powers to the current owner, maintain Medicaid eligibility, and qualify for the Florida Homestead exemption.

A lady bird deed is a way to transfer property to someone else outside of probate while retaining a life estate in the property. This type of deed got its nickname when former President Lyndon Johnson used it to convey real property to his wife, Lady Bird Johnson.

Specifically, a lady bird deed is a transfer of property to another with a reservation of a life estate, which means a person can transfer property and retain ownership in the subject property until death, at which point it will then transfer to the other.  With the Florida lady bird deed, a current owner or owners canconvey tothemselves and/or retain a life estate interest (enhanced life estate) in their property. A life estate is a right to live in the property until death. When they die, the real property passes to their beneficiaries designated in the lady bird deed, called the remaindermen.

It is also known as an enhanced life estate deed, which allows the estate holder to convey or mortgage the property without the approval of the remainderman. This gives the property owner of the life estate flexibility during the owner’s lifetime.

The single biggest advantage to securing a Lady Bird Deed in Florida is that, after death, the owner’s estate can avoid probate, and for now, the remaindermen or beneficiaries get the property at a stepped-up basis regarding capital gains.  When figuring capital gains taxes, property transferred in a lady bird deed gets taxed on the value of the property on the date of the owner’s death, instead of the owner’s tax basis when purchased. This usually results in a much lower tax. During the current owner’s lifetime, it does not affect Medicaid eligibility, and the current owner remains eligible for the Homestead Exemption. While a lady bird deed may cost a little more than another type of deed due to its potential complexity, it is still less expensive to obtain than a trust or going through probate.  Also, to record a deed, documentary stamp taxes are ordinarily paid. With a Florida lady bird deed, there is no need to pay the taxes immediately. The reason for this is that there is no immediate transfer of ownership. The taxes may be due, however, when the person holding the estate passes away.

If you should have any additional questions or would like to discuss your situation, concerns and needs, please call an Attorney at CASERTA & SPIRITI.

Many Florida residents are surprised to find they still owe money on their car loan after insurance pays for their total loss vehicle. How does that happen? The answer is the insured or claimant still owes more money than the motor vehicle or automobile was worth at the time of the accident. Insurance pays for a total loss vehicle (i.e., when value is less than the cost to repair) the Insurance company pays its fair market value, not the amount owed on the loan or what it will cost to get another similar or replacement vehicle.

As understood by most, a motor vehicle loses a significant amount of its value when merely driven off the sales lot. How can one be protected? GAP (Guaranteed Auto Protection) insurance is a type of insurance coverage which pays the difference in these situations between what one owes the bank or lender on their auto loan and what the car was worth at the time of the subject accident.

Generally, GAP is not prohibitively expensive and can be a major protection if involved in a motor vehicle accident and one has a financed car. When insurance pays the value of a depreciated vehicle, which was financed, GAP insurance pays that difference on the remaining balance of the loan. No Florida resident wants to pay for a vehicle they cannot use.

Specifically, Gap insurance in Florida works the same way as GAP insurance in the rest of the U.S. It pays the balance remaining on a car loan or lease contract after a liability, comprehensive, or collision policy coverage pays out the actual cash value of a totaled vehicle. The state of Florida does not require any driver/owner to carry GAP insurance. However, certain lenders in Florida may require customers to carry it if they get an auto loan or lease.

Various companies, including banks and dealerships, offer GAP insurance in Florida. While an individual should take their time deciding which one is right for them, one can also have confidence that it can provide a major protection under their particular circumstances at the time of an unfortunate accident.

It is worth noting that GAP coverage is usually cheaper to purchase from an insurance company than a dealership.

GAP insurance takes about 5-45 days to pay the policyholder after an accident insurance claim is filed. For drivers to receive a GAP insurance payout, the subject vehicle first needs to be declared a total loss, and the insurance company needs to accept the claim.

Again, if a person financed a vehicle, Florida GAP insurance covers the outstanding balance that remains in the event that their motor vehicle is totaled, and they owe more on the auto loan than the actual cash value of the vehicle. GAP insurance in Florida can be purchased from an insurance provider, the dealership, or even stand-alone companies. However, the cheapest Florida GAP insurance rates come from insurance providers at an average of $5.00 per month or $60.00 annually, subject to inflation.

Finally, one can drop GAP insurance from their Florida auto insurance policy after a sufficient payoff of the applicable loan, so the specific vehicle is worth more than the remaining loan balance, or at the very least, when the said loan is paid off.

If you should have additional questions, please contact your insurance agent, insurance carrier, dealer, lender or one of the attorneys at CASERTA & SPIRITI before an auto accident occurs.

Although slip, trip, and fall-down accidents are the most common types of premises liability cases, there are others, including shootings, stabbings, assaults, battery, and negligent security. 

Commercial premises liability occurs when property owners or occupiers are held accountable when someone is injured while on their property due to the negligence by the business or vendor owning, occupying, or controlling the subject property and can mean that a customer may be entitled to sue for compensation to cover injuries, pain and suffering, lost wages, and medical bills.

In Florida, victims in premises liability cases are classified in one of three (3) ways:

• The highest duty of care is given to customers and invitees who are on the subject property with permission by the property owner, i.e., a person who is invited to land by the possessor of the land as a member of the public or one who enters the land of another for the purpose of business dealings with the possessor of the land and whose presence is mutually beneficial. 
• A lower duty of care is provided for those who are on another’s property for their own purposes known as a licensee and are there for their own convenience or to advance their own interests. 
• The third classification includes trespassers who receive little duty of care, i.e., a visitor who has entered or remained on the property without the property owner’s permission.

If one is injured from a shooting, assault, stabbing, or otherwise harmed while on someone else’s property, the key question is whether the property owner owes that person duty of care and what level. The property owner usually owes a person a duty of care if they were a customer, invited guest, or tenant. One is also owed a similar duty of care by the owner if said individual was making a delivery or a similar errand. 

Once duty of care to the victim by the property owner is established, negligence on behalf of the property owner must then be proved. It is proving the property owner was negligent or reckless and thereby caused a breach of their duty of care. 

In Florida, property owners are not necessarily responsible for every crime which occurs on their property. In fact, they are not responsible for protecting guests, visitors, or tenants from actions by third parties, unless the crime is foreseeable and could have been prevented with appropriate security measures. In other words, the property owner could be liable if the crime – shooting, stabbing, assault, and/or battery, among others – could have been anticipated or foreseen and they failed to take proper reasonable security measures or precautions. Even so, in many such incidents, responsibility may be difficult to prove in a court of law, particularly, if the subject incident is the first occurrence on the property.

Property owners can be held liable if they fail to provide adequate security measures to prevent this type of violence, as well as their response in reducing the number of victims in the event of an incident of violence. Other factors can also come into play in determining whether acts of violence could have been foreseen including area crime rates, such as, but not limited to:

• The history of crime on the property;
• The history of violence at similar properties;
• A known shooter at the property;
• Suspicions of security personnel; and
• Existing security measures (security guards, metal detectors, properly marked exits). 

When it is evident that the property owner owed the victim a duty of care and was negligent, the next step is proving a cause-and-effect relationship between the property owner’s negligence and the act of violence which occurred on the subject property. 

Shootings, stabbings, assaults, and battery can and do occur everywhere from school campuses to shopping malls, and everywhere in between. The perpetrator is always responsible for the attack, but property owners may also be liable if they failed to provide the necessary security measures for patrons, guests, and tenants. Consequently, lawsuits against property owners, event organizers, or security companies may be filed based on Florida’s laws regarding duty of care.

If an individual or their family member becomes a victim of a shooting, stabbing, or assault and/or battery, they may have a claim against the owner of the property if the same was negligent in protecting guests, customers, or tenants. Property owners must maintain their property free from hazards and conditions which might result in or encourage violent crimes, but even so, their duty of care is limited to reasonable protection for foreseeable risks. 

In many cases, these lawsuits go forward successfully due to negligent security, since property owners owe a duty of care to residents, customers, guests, and visitors. This duty is to ensure the property is safe and secure. The following are several lack or failure of security measures that can be the basis of a claim for negligent security in a premises liability case:  

• Inadequate security lighting;
• Overgrown landscaping;
• Faulty locks;
• Lack of security cameras;
• Lack of security personnel or proper fencing; and/or
• No monitoring of secluded areas.

If you are injured while on someone else’s land or premises, promptly call the attorneys at CASERTA & SPIRITI for a free consultation regarding your potential case.

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.

If this is a first conviction, the fine will be between $500–$2,000. If a blood alcohol level is .15 or higher, or there is a minor in the vehicle, the fine will be between $2,000–$4,000.

When arrested for DUI, one will likely be jailed until their BAC has been reduced to none. If prison or jail time is determined by the Court, the time can vary depending on the severity of the case. According to the State of Florida, a first conviction will not result in more than 6 months imprisonment.

First and second DUI offenses are typically charged as a misdemeanor DUI in Florida. While a third or subsequent DUI charge within 10 years or a DUI that involves injury or death to another person will be charged as a felony in Florida.

In Florida, if a person is arrested for driving under the influence, their license will be suspended immediately if either of the following occurs: Blood alcohol content (BAC) is determined to be. .08 percent or higher by a breath, blood, or urine test.

The possible consequences of a first-offense DUI in Florida include fines, license suspension, vehicle impoundment, having to install an ignition interlock device (IID), and jail time. Enhanced penalties might apply where the convicted motorist had a specified higher blood alcohol concentration (BAC).

Florida Statute Section 316.193 states that if the defendant blows over a .08%, police must hold them for 8 hours, or until the breath alcohol level is below .02%. Multiple police officers interpret this to mean that if the offender is arrested for a DUI, they must hold the offender for the full eight hours.

Florida law is unique in how it addresses DUI and driving privileges. If one has been arrested for a DUI in Florida, they have only 10 days from the date of the arrest to save their driver’s license. The driver’s license is immediately suspended upon the arrest for DUI.

Under Florida’s implied consent law, if a person refuses to take a breathalyzer test, he or she is subject to a mandatory license suspension. A first offense refusal will be a 1-year license suspension and a second or third offense will result in 18 months of license suspension with potential jail time.

In Florida, the charge of DUI has a few basic elements that the state must prove for a finding of guilt. First, that the subject person consumed alcohol or controlled substances. Second, that the said person was operating a motor vehicle on the roads of the State of Florida. Third, that the subject individual’s normal faculties are impaired.

If a person has 1 drink, they have satisfied the first element of proof required for the state to convict. Even a minimal 1 drink qualifies for “having consumed alcohol” or controlled substances. If a person is driving on the roadway, they have also met the second element of DUI, i.e., operating a motor vehicle on the roads of the State of Florida.

The third element is noteworthy since the question of “normal faculties impaired” can be one of the police officer’s opinion and does not require the evidence of a breath test. Remarkably, the law does not require a breath test for prosecution of DUI. The third element can be proven by the officer’s testimony that “in his opinion” the subject driver was impaired. This aspect is normally proven by physical observations such as slurred speech, red or bloodshot eyes, the smell of alcohol on the breath, poor balance, difficulty producing a driver’s license and car registration, leaning on the motor vehicle, and what most people are familiar with the so-called road-side field sobriety test. Consequently, even when there is no breath test, or there is a refusal of a breath test, the police can still provide their opinion that the subject driver was impaired based upon their observations.

If there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI.

In Florida, what are Careless Driving, Reckless Driving and Road Rage and what are the differences between the three?

Careless driving describes behaviors behind the wheel that can jeopardize the safety of others on the road, including other drivers, bicyclists, motorcyclists, and pedestrians. However, there is no intent behind the behavior to harm others.

While the exact definition of careless driving varies by state, in Florida it means the following (taken from Florida Statute §316.1925):  “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Careless driving is a traffic violation that comes with hefty fines and points added to one’s license. So, how can someone prevent careless driving? It is simple; driving should be one’s only task when behind the wheel. Putting all other distractions behind them and staying alert in the driver’s seat can help to reduce the incidence of careless driving. Also, remember to follow the rules of the road, like stopping at red lights and stop signs and obeying the speed limit.

Careless driving may include things like:

• Falling asleep at the wheel.
• Using a cell phone or texting while driving.
• Disobeying traffic signs.
• Speeding.
• Not using turn signals.
• Illegal lane changes.

Reckless driving is a more severe violation than careless driving that involves intentionally driving in a way that may put other drivers in danger. Law enforcement officers may deem reckless drivers to have a “willful or wanton disregard” for human life and the safety of others on the road.

In many instances, distracted driving or driving while drowsy may be considered types of reckless driving, and the basis for this: distracted driving in recent years claimed over three thousand lives, while driving while drowsy caused over six hundred deaths for the same period.

Examples of reckless driving include:

• Driving under the influence.
• Speeding or driving too fast for conditions.
• Drag racing.
• Going around stopped school buses.
• Driving the wrong way.
• Texting while driving.
• Failing to yield the right of way.
• Weaving in and out of lanes.
• Driving on the sidewalk.
• Running red lights or stop signs.
• Crossing a double yellow line on a highway.

In Florida, authorities describe road rage as “a motorist’s uncontrolled anger that is usually provoked by another motorist’s irritating act and is expressed in aggressive or violent behavior.” On the other hand, the National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “any combination of traffic offenses or general behaviors that endanger persons or property.”

Road rage is an extremely dangerous form of aggressive driving. In the worst cases of road rage, drivers may follow other cars home to physically confront someone, stalk other drivers, or intentionally collide with other vehicles. The NHTSA considers aggressive driving a traffic offense and road rage as a criminal charge.

Every driver occasionally becomes frustrated due to poor judgment of other drivers or traffic conditions. Road rage is when that anger persists and increases, potentially leading to catastrophic consequences. While young men appear to be most susceptible to road rage, it can affect people of any age or gender because anyone can take offense at what they think another driver is doing.

A few examples of aggressive driving and road rage include:

• Yelling at other drivers.
• Racing another vehicle.
• Suddenly speeding up or braking.
• Following too closely or tailgating.
• Flashing lights.
• Cutting off other vehicles.
• Driving in forbidden areas, such as medians, sidewalks, or shoulders.
• Passing where prohibited.
• Weaving in and out of lanes.
• Disobeying traffic signs or signals.
• Angry, unnecessary honking.
• Making an improper turn.
• Excessive speeding.
• Making threatening or rude gestures at other drivers.
• Displaying a gun or another weapon.
• Intentionally causing a crash.

While road rage is one type of reckless driving, reckless driving does not always include road rage. For instance, distracted driving, driving under the influence, and excessive speeding are types of reckless driving that may not involve road rage.

While an individual cannot avoid all encounters with people driving recklessly, there are some things one can do to limit their opportunities of getting into an accident with them:

• Stay alert and be a defensive driver. Stay away from aggressive drivers when possible.
• Do not engage with the driver. Give them sufficient room and avoid making eye contact if they are acting angry near you. Think about calling the police if it is suspected an aggressive driver is following.
• Allow them to pass.
• Put oneself in their shoes and try to understand why they are driving poorly. Do not take their behavior personally.
• Do not offend aggressive drivers by tailgating, driving slowly in the left lane, cutting them off, or obscene gesturing.
• Remain calm.

If a driver, pedestrian, motor cyclist or bicyclist has been in a motor vehicle accident caused by a reckless or careless driver in Florida, contact your auto insurance, if applicable, as well as one of the Attorneys at CASERTA & SPIRITI for a free consultation. An experienced Personal Injury attorney may be able to get the compensation deserved for the injuries and other damages sustained in such accident. 

In Florida, the Wrongful Death Act permits surviving dependents and family members to file a claim for damages in the event of an intentional or accidental loss of a family member’s life. The claim is meant to provide compensation for pain and suffering as well as financial support from the loss of an income earner along with funeral expenses and other damages. 

To seek compensation in a wrongful death claim, four (4) elements of negligence must be present. These elements are:

• The party at fault owed a “duty of care” to the victim – “Duty of care” is the at-fault party’s legal duty to act reasonably to prevent your loved one from being in an accident which could cause. Injury.  A relevant example would be an automobile driver’s “duty of care” is to drive safely, obeying all traffic laws, signs, and signals. “Duty of care” is determined by a judge or jury when compared to how a reasonable person would act under similar circumstances.
• The party at fault breached the “duty of care” – The breach exists when the at-fault or responsible party defies “duty of care.” Continuing the motor vehicle example, drivers breach their “duty of care” when they fail to obey traffic laws, signs, or signals.
• The actions of the at fault party were directly responsible for or the cause of the death of the victim – You must prove that a breach of “duty of care” caused and led to the death of your family member. The accident report, medical records, and other documentation of the incident provide evidence regarding how your family member died and can connect his or her death with aforesaid breach of “duty of care.”
• Damages resulted from the action of the at fault party– It must be proven by evidence that your family member’s death caused damages to you or your family. Damages can include funeral costs, medical expenses, loss of earnings, pain, and suffering, and/or emotional trauma. 

Each of these elements must be shown by enough evidence to prove the negligence and that the deliberate actions of the responsible party caused the death of your family member.

Some of the more common accidents or incidents that result in wrongful death include, but are not limited to automobile accident, commercial truck accidents, accidents involving pedestrians, motorcycles, bicycles, defective productive, workplace accidents, as well as instances of medical negligence or malpractice.

When you are mourning the loss of a family member due to a wrongful death incident, promptly call the attorneys at CASERTA & SPIRITI for a free consultation regarding your potential case, since the statute of limitations or deadline for filing a wrongful death lawsuit in the courts of Florida is within two years of the date of death for most cases. 

New Year’s is rapidly approaching. As we celebrate this holiday season, there are a few matters to keep in mind that do not mix: drinking, driving, fireworks, and firearms.

Annually, the news media presents stories of celebratory gunfire. We often hear of people firing their guns off in the air to celebrate the New Year. It is best not to do this. This activity is very dangerous and can result in either serious bodily injury or death and potentially land you in jail. Florida law criminalizes the reckless handling of a firearm, and many counties and cities have local laws that make it illegal to willfully discharge a firearm within their jurisdiction, subject to certain exceptions like self-defense.

Firearm safety should always be strictly observed. One should never display or discharge a firearm in a reckless or unsafe manner.

Additionally, local governments and law enforcement yearly remind their residents not to fire celebratory gunfire because it is both illegal as well as dangerous.

In fact, in Miami, for more than 20 years, the city has found it necessary to issue New Year’s Eve warnings. In a news conference last year, the mayor of Miami, Francis Suarez, urged city residents not to shoot their guns just hours before celebratory shooting occurred in various cities across Florida.

In Miami alone, there have been a number of New Year’s Eves when people have been wounded or killed by celebratory gunfire since 2007. 

Celebratory gunfire, as it is called, has wounded, and killed dozens in recent years throughout the U.S. alone.  Deaths and injuries have ben reported and investigated annually when individuals are struck as well as killed by gun shots dropping to the ground.  Most bullets, fortunately, land harmlessly to the ground or lodge in roofs and other property.  However, in densely populated areas, bullets can hit people.  Such falling bullets can strike a victim’s head, shoulders or feet and can ultimately cause serious bodily harm.

Celebrating with fireworks can also cause harm.  Certain fireworks are legal in Florida, according to state law, however, cities have the authority to ban fireworks.

In April 2020, Gov. Ron DeSantis signed a bill that legalized fireworks in Florida on three (3) holidays every year. The full use of fireworks in Florida is now legal on Independence Day on July 4, New Year’s Eve on December 31, and New Year’s Day on January 1. Sparklers, noisemakers, and the like are legal all year

Despite the state law, fireworks could still be banned in your local city or county. It is best to check prior to engaging in that type of activity.

But as Florida residents ring in the New Year with fireworks, they should keep in mind that last New Year’s Eve alone, government statistics show approximately 10,000 people went to the emergency room for firework-related injuries. Of those statistics, children younger than 15 made up for 36% of those injuries.

Now, New Year’s Eve and alcohol, it goes without saying that operating a motor vehicle while intoxicated is a criminal offense. Similarly, carrying a concealed handgun with a concealed handgun permit while intoxicated is also a crime.

With New Year’s Eve approaching, and even though the pandemic has changed many plans, some are still planning to ring in 2022 with a “bang”! The top concern for many is the continued risk of encountering a drunk driver during or after New Year’s celebrations. Many have advocated for people to make plans for a designated driver before heading out to celebrate. There may still be rider-assist programs that like AAA’s “Tow to Go” program, as in the past, that you may call a driver to take you home, or you can call and take an Uber or Lyft.  Even though this has been a difficult year due to the continued pandemic, people can still count on fireworks and having a drink to bid 2021 farewell. Law enforcement experts have stated that many people get arrested due to drinking and driving while celebrating the holidays. Consequently, don’t begin 2022 making the year more challenging for yourself by getting behind the wheel of a car after you drink, and get your first DUI.

If a person does too much celebrating over the holidays, they should be careful. Unfortunately, accidents do happen, and in some instances, people are injured. Whether by fireworks or some other accident, common questions asked include, what happens if I see someone who needs medical assistance? Can I be held civilly liable if I accidentally injure them while rendering aid? While a person in Florida is not typically required to perform first aid, state law protects them when administering emergency or life-saving treatment to someone in need. This protection is commonly called the “Good Samaritan Law.”

Under the Florida Good Samaritan Act: “Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment… shall not be held liable for any civil damages as a result of such care or treatment.”  Whether it is a firework mishap, car accident, or some other type of injury, the Good Samaritan Law states that a person will not be civilly liable while they are administering emergency care in good faith, reasonably and without compensation.

We wish you and your family a Happy Holiday Season. If you should have any questions or would like additional details regarding these topics or any others, please contact the attorneys at the law firm of CASERTA & SPIRITI.

The right lawyer can be key in getting the best outcome for your accident claim. If you’ve been injured in an accident, you might be wondering how a Personal Injury attorney can assist you.

In any personal injury case, your lawyer will initiate a line of communication with the insurance adjuster for the other or responsible party (or parties) involved. The adjuster has the purse, and so it is critical for a plaintiff’s lawyer to have good communications and a good relationship with the adjuster.

 If you question whether you were injured in an accident, be aware that whiplash is one of the most common injuries after a car accident. This soft-tissue neck or back injury is the result of a person’s head being violently jolted backward and forward. This can happen in less than a second in an accident, and there is no way to stop it. Whiplash is very common in front-end and rear-end collisions but can happen in any type of car accident. It can occur in high-speed or low-speed accidents and with a small amount of force. Personal injury can run the gamut from minor to severe, but all incidents of whiplash need to be treated. It may take days or weeks for symptoms to arise, so it is essential to be vigilant after an accident, even after a minor fender-bender.

What are the benefits of hiring a Personal Injury (PI) Attorney for your Accident Claim? Accident victims who are not represented by an experienced lawyer may be left vulnerable to the willful actions of insurance companies, which may try to reduce the amount they pay out.

You may sustain serious injuries from an accident, including but not limited to, disfigurement, permanent disability, and brain injury. You may need to repair or replace your vehicle as well.

If you were injured in an accident in Florida, you are entitled to compensation as a victim of the accident. An accident or Persona Injury attorney can aid you in navigating the claims process. A personal injury lawyer can help you get the best potential outcome for your particular case.

A lawyer representing you can gather evidence such as:

• Photos of the accident scene;
• Photos of the vehicle or property damaged and/or injuries sustained;
• Police or Incident reports;
• Statements by eyewitness;
• Information from the vehicle’s event recorder;
• Documents for medical and work purposes;
• Electronic evidence includes cell phone records;
• Recall information and manufacturer records, among others.

An attorney can help you gather this information and consult with other experts to build a strong case to get a settlement from insurance companies, both pre-suit and after a lawsuit is filed with the court.

Accident victims may not know their rights after an accident, and insurance companies might try to exploit this misinformation or ignorance to their advantage. They may attempt to convince you to admit fault, or to establish negligence on your part in order to minimize or dismiss your claim.

An attorney can inform victims about their rights and help them deal with adjusters without admitting guilt or saying anything that could be interpreted as incriminating.

An attorney can strengthen your case, negotiate a better result for most cases and even level the playing field against insurance companies acting in bad faith.

As already stated, hiring an attorney is crucial to getting the compensation for which you are entitled. A personal injury attorney can help you prove fault in an accident and protect you from the insurance companies.

Although any attorney in your state may be licensed to represent you in a case involving an accident, they won’t have the experience or skills necessary to properly prosecute your claim. A personal injury lawyer who is familiar with your case will be better able to help you. Personal injury lawyers are experts in handling these types of cases and can help you understand the details of your case. They can also best calculate the fair and reasonable compensation deserved in each case.

It is best to contact an accident lawyer as soon after an accident as possible, since the evidence may vanish shortly after an accident. As time passes, it is more difficult to collect the evidence and locate favorable witnesses needed to support a strong case.

There are also deadlines, notice requirements and/or statutes of limitations after which you may not sue the other responsible party or even apply for benefits from your own insurance, if applicable, if you wait too long. The statute of limitations in Florida for most negligence cases can be from 2 to 4 years from the date of accident or incident, depending on the type of case and the status of the one potentially liable for the said accident or incident.

Personal injuries that result from an accident may not manifest until days or weeks later. You may need to receive treatment for many years after an accident. These circumstances could make it very expensive if you don’t take advantage of legal assistance while you still have the opportunity.

Your time frame may be shorter if there is a wrongful-death claim. To bring a wrongful-death claim before the court, there is a two (2) year statute of limitations or deadline, with various potential exclusions and exceptions that could bar your claim earlier.

Personal injury lawyers usually work on a contingency fee basis. This basis means that they don’t get paid unless or until you recover compensation for your claims. If you’re looking to hire a lawyer for an accident, they will talk with you about their contingency fee arrangement and what they charge if they win your case plus costs.

These contingency fees typically range from 33 1/3% to 40%, however, each case is different. Costs or expenses will also be incurred. Expenses may include investigation costs, travel expenses, expert witness fees, costs for medical records and reports, court filing fees, service of process, court reporter fees for transcripts and depositions, among others.

You should search for a Personal Injury attorney who has a track record of representing accident victims when you are trying to choose an attorney. Avoid attorneys who try to take on more clients in an effort to expedite the process and settle quickly, to maximize their profits, without fully investigating your case. If the attorney is focused on too many clients, said attorney might not be able to get you a fair compensation in the settlement of your claim.

Statistically, the majority of accident cases are settled by the parties and do not go to trial. Make certain the attorney you choose is experienced in handling personal injury cases.  You can request credentials and the background of the attorney, check reviews or testimonials on-line or from word-of-mouth recommendations.

If you have any additional QUESTIONS regarding the foregoing matters, please contact or call the Attorneys at CASERTA & SPIRITI before, and especially shortly after, an unfortunate and unexpected accident occurs.