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Articles Posted in Personal Injury

If you have been injured and you are not at fault, be careful with who you speak and what you say. An insurance adjuster will most likely contact you; it can be the insurance adjuster of the party at-fault or the adjuster from your insurance company and. They will want to speak with you before you hire an attorney in case you are thinking of pursuing an injury claim, if you are, you should hire an attorney as soon as possible because you should NEVER talk to an insurance adjuster without the presence of a personal injury attorney.

The insurance adjusters contact you as soon as their client reports the accident and before you hire an injury attorney because they want to pay the minimum amount of money in compensation as possible and they will use tactics to try to convince you to accept certain terms, get you to confess to something that will get you get less compensation or offer you a quick settlement.

If you accept a settlement offer, you may quickly learn that the sum given does not cover everything you require. If you accept the adjuster’s offer, the agreement you signed forbids you from demanding further compensation. The insurance adjuster wants you to accept the offer or make a statement that will allow them to make a future settlement offer. Accepting an offer or making any decisions without the advice of a competent and experienced lawyer is not a good idea.

You might not be familiar with the word “Torts”; this is another word for personal injuries caused by civil wrongs, known as negligence, as slip and fall injuries, medical malpractice, dog bites, and more. Torts can be intentional or incidental. Intentional torts are physical injuries such as criminal assault, fraud, or trespassing. Incidental torts are those where one party carelessly harmed another, this type of torts needs to be proven fault.

In Florida, the tort law applies in any civil case in which the party injured is seeking financial compensation for the negligence of someone else. In a personal injury case, the lawsuit doesn’t begin until the party injured has reached maximum medical improvement to avoid unexpected injuries compensation being lost.

Damages for pain and suffering are difficult to quantify due to the subjective nature of the experience and the lack of a common standard of assessment. In assessing how much pain and suffering damages to award a plaintiff, courts frequently direct juries to use their best judgment, and counsel and juries employ a variety of considerations to assign value to various sorts of damages.

Auto accidents are on the rise and lawmakers around the country are making efforts to increase driver safety by reducing distracted driving habits among drivers. and can certainly understand the call from Washington and state governments to eliminate distracted driving as much as possible. These efforts include bans on cell phone use while driving and, in certain parts of the nation, even eating.

In addition to cell phones, the National Highway Traffic Safety Administration (NHTSA) and other safety groups have endorsed bans on the use of hands-free devices for phone calls while driving as well.

In addition to cell phone technology, the NHTSA is also making efforts toward the banning of the moving map feature of GPS navigation devices. GPS stands for Global Positioning System and uses satellite technology to locate and direct drivers to their destination. These devices integrate a moving icon that shows drivers their exact location as they move on the roads. These devices update continuously so the driver can see where they are in relation to local streets and their destination.

Miami and the surrounding South Florida area have traditionally been a great destination for “snowbirds” and retired vacationers alike. It comes as now surprise, then, that Florida was ranked second, only to California, for the numbers of drivers over the age of 65. This is according to The Road Information Program also known as TRIP.

TRIP also reports that our state is number one in motor vehilce fatalities involving drivers 65 years and older. In 2011 it was reported that 503 auto accident deaths in Florida involved at least one driver over 65. This number, according to TRIP’s policy and research director, Frank Moretti, would have more than likely been higher had it not been for the Florida Department of Transportation’s efforts to improve road safety with older drivers in mind.The Florida DOT has taken steps towards improving road and lanes sizes and visibility of traffic signs.
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Saturday evening a local Miami area police officer was seriously injured in an auto accident while riding his motorcycle. The Doral police officer, who was on duty, was traveling on his motorcycle when the driver of a car made an illegal U-turn, hitting the officer and his bike.

The officer is 51 year old Rafael Cubelo. Reports state that the force of the impact sent this individual into the air several feet. He was then transported to the Ryder Trauma Center. We are wishing him a speedy and successful recovery.

Automobile drivers are often the cause of motorcycle accidents and resulting injuries. In this instance the driver of the car involved was cited for disobeying the traffic laws. Often the simplest offense can result in serious injury, especially when a motorcycle in involved.

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