Warehouse injuries can be life-altering, and understanding how Florida's workers' compensation system may intersect with a personal injury claim against the warehouse is crucial. In this blog, we'll explore how issues related to Florida's workers' compensation may affect a personal injury claim against the warehouse and how an experienced Florida personal injury attorney can...
Working in a warehouse can be physically demanding and at times hazardous. While workers' compensation is often the safety net for employees injured on the job, there are instances when a warehouse injury in the State of Florida might warrant a personal injury legal claim. This article delves into the circumstances under which such...
Sanga Turnbull is the founder and principal attorney at The Turnbull Law Firm, a Florida law firm helping personal injury victims in Winter Haven and Orlando recover compensation for harm done to them by the negligence of others. The comprehensive personal injury practice at The Turnbull Firm includes all manner of motor vehicle accidents, nursing home neglect and abuse, slip and fall, workplace and industrial accidents, medical malpractice, catastrophic injury, wrongful death, and more. Injury victims or their families are invited to call The Turnbull Firm for a no-cost, confidential consultation about any potential claims they may have.
WHAT STEPS CAN I TAKE TOWARD MY CAR ACCIDENT SETTLEMENT?
When you are ready to consult with a lawyer, you should take action and gather evidence to help them prove your case. Every detail matters, so you will need to include as much information as possible.
Medical Care
After a car accident, you need to see a doctor. Don’t delay getting treated; try to get medical help immediately after your collision. Your doctor will let you know all of your injuries and inform you of your soft tissue injuries. This will help prevent your injuries from getting worse and get you on the path to a quick recovery. Your insurance company will cover the bills. However, you still should keep all your receipts and records of the medical bills. This will support your claim of pain and suffering.
You can also ask your doctor to write a letter on how your injuries affect your ability to work and function. This is because Florida law requires your insurance company only to cover 60% of your lost earning capacity and income and 80% of your medical bills under personal injury protection (PIP) insurance. You can still seek compensation for your lost wages by having your attorney prove your damages exceed this amount to the other party’s insurance company.
Police Report
You will want to get a police report that officially documents your car accident. This is so that you can include your input in the report, further supporting your claim. Sometimes, the police officer will cite the other driver. This can work to your advantage as that also shows that the other party is at fault somehow. You can later obtain the police report for your attorney to include in your claim.
Truck Accident
Truck accidents are treated differently, and you will need to ask the police department for additional information. Truck accidents often result in wrongful death incidents, where 4,119 people died from a large truck crash in 2019. After a truck accident has occurred, the police officer will make a separate traffic incident report, known as the truck driver’s inspection report. A truck driver’s vehicle requires a certified inspector to check for any issues with its function before relocating to a mechanic.
Your attorney may also request the truck driver’s work history, driving records, background check and other information. If the truck driver is unqualified, this can increase your compensation amount. Additional information can be used to further your case, such as inclinometers, GPS systems and other devices in the truck that keep track of how the vehicle is operating on the road.
Photographic Evidence
You should take pictures of the car accident you were in, the area it happened in and the damage done to your car. If there are tire tracks on the road, take photographs of that as well. Try to include the other cars’ wreckage to help create a story of what occurred. You should also take pictures of your injuries. This will help your attorney prove your claim by showing the severity of your car accident.
Collect Contact Information
You shouldn’t leave the scene of the accident without collecting information from the other involved parties. You will want their name, phone number, email and home address. This is so they cannot dodge you if your attorney tries to contact them. You will need their insurance company contact information, insurance policy number and driver’s license number.
If it is a truck driver, you will need their employer’s contact information and the trucking company’s name. Make sure you also write down the truck’s license plate number. You will also need to collect information from any witnesses on the scene. Their name, number and email will be all you need. Your attorney can contact them at a later date to help them provide testimony for your claim.
Speak With An Attorney
After gathering all of this information, you will want to meet with your attorney. They will take over from this point and help make the settlement process easier for you. Your attorney will also instruct you on how to interact with your insurance company so you don’t reduce your policy benefits by mistake.
You must let your insurance company know what happened. Tell them your side of the story and explain what happened. Also, include in detail all of the physical injuries you received from the accident. This way, they can help cover your medical bills up to the allowable amount.
What Can Increase My Settlement?
Every car accident is unique, which means that the settlement amount can range significantly from small to astronomical. Of course, it all depends on the circumstances around your car accident.
Severity Of Injuries
If your wounds caused a permanent disability, then your settlement will be much higher. For example, brain trauma, paralysis, scars and disfigurement and spinal cord injuries can cause permanent damage. You can also receive lacerations, punctured organs and severe burns in a car accident. This means that you may need surgery, organ replacement, physical therapy and ongoing treatment.
Gross Negligence
When the other driver has been acting extremely irresponsible and demonstrated abnormal behavior, the settlement will go up. This is because the other driver put your life at risk by driving irresponsibly. This is especially the case if they had malicious intent and didn’t have your best interest at heart.
Pain And Suffering
Your pain and suffering are estimated by your attorney using a multiplier. While this may be based on the severity of the car damages, it will also depend on how much emotional anguish you struggled with. Your personal account of what happened will matter. For example, your injuries may make you feel embarrassed or incapable of living everyday life. Depression and other forms of sadness can ruin your life.
Next Steps For Your Claim
In Florida, the statute of limitations for claiming a settlement from the date of your car accident is two years. So don’t wait until you’re deep in medical bill debt before asking for help. Your Orlando car accident lawyer can do their best to fight for your right to compensation. In a no-fault state, insurance companies only cover so much in terms of damages. The rest has to be obtained from the other party’s insurance. Seek help from a supportive team. Contact The Turnbull Law Firm by calling 407.612.6464 or 863.324.3500 , or click this link today for a free consultation.
When you are ready to consult with a lawyer, you should take action and gather evidence to help them prove your case. Every detail matters, so you will need to include as much information as possible.