Why are there so many personal injury attorneys?

Injuries and accidents are far too common in the U.S.  Tens of thousands of people are injured each year.  In many cases the injured persons will need the representation of an attorney.  Advertising is a good way for attorneys to connect with injury people to help them win compensation for their injuries.

The national statistics for injury and violence in the United States is a clear indication of why there is so much advertising.

Injury and Violence in the U.S. Annually:*

• 199,800 people die each year from Injuries and violence in the U.S.
• Total cost from injuries and violence: $671 billion in medical & work loss costs in 2013.
• For every person that dies 13 are hospitalized and 135 are treated in an emergency room.

*All figures based on Current CDC data

Unintentional Injuries in the U.S. Annually:**

• Nearly 35,400 people died in motor vehicle crashes
• More than 14,800 people died from prescription opioid overdoses
• 2,792,000 older people were treated in emergency rooms for fall injuries each year
• 325,000 kids treated for sports and recreation related concussions in and emergency room

**Prescription opioid overdoses represent all intents including unintentional, intentional, or undetermined. All figures based on Current CDC data.

The number of people injured or killed in accidents each year is astounding.  May of these injuries and deaths are caused by the negligence and irresponsible actions of others.  When an injury or death occurred through no fault of the injured person the responsible party can be held accountable for their actions or neglect.

Often the responsible party is unwilling to accept full responsibility for the accident. In these cases the best way to motive the responsible party to provide fair and proper compensation is to hire an attorney.  An attorney can navigate the complex and difficult process of negotiating a settlement and or bringing the case to court.

There is a growing resistance for the responsible party or their insurance company to offer a fair settlement. Every dollar they pay out in claims is a dollar less the company will earn in profit.  They are highly motivated to pay as little as possible to settle your claim. In addition, it is to their advantage to lengthen the settlement process as much as possible.

Most serious injury claims fall into the hands of an insurance company.  The company has experience and resources that gives them an unfair advantage over the injured person. This is why you need an attorney to help you.

The good news is when you are represented by a personal injury attorney in most cases you will pay no fees unless receive compensation.  However, you will agree to share a portion of your compensation with your attorney.  The amount will vary based on difficulty and value of your case.  Your attorney will advise you of the shared amount before the process is started. This system allows anyone with a legitimate claim to obtain legal representation.  Without this system the injured people would be at an extreme disadvantage in the settlement process.

Data source:  http://www.cdc.gov/injury/wisqars/overview/key_data.html

 

Medical Errors: Third Leading Cause of Death in the Nation

A recent study from Johns Hopkins Medicine researchers indicates that the third leading cause of death in the U.S. is medical mistakes. An estimated 250,000 people die each year from medical errors, ranking it only after cancer and heart disease which each take approximately 600,000 lives each.

Medical Mistakes Not Recorded in CDC Reporting

Exact statistics of the number of lives taken by medical errors is unknown, due in part to the coding system to record death certificate data in use by the Centers for Disease Control and Prevention (CDC). Under this current system, diagnostic mistakes, surgical complications, miscommunications, medication errors and bad judgment cannot be captured.

As a result, the CDCs mortality stats only reflect the “underlying cause of death,” meaning the condition that originally led the patient to seek treatment. So even if medical mistakes are listed on a death certificate, those errors won’t be included in the published report totals. Only the underlying, original condition, such as cancer or heart disease, is tallied, even when it did not directly cause the death.

The authors of the study state that this gap in reporting the full extent of fatal medical mistakes contributes to lack of research funding and an absence of public awareness. They urged the addition of a field on death certificates that asks specifically if it was a preventable medical care complication contributed. This would make it possible for the CDC to include medical errors in its yearly reporting of leading causes of death.

The study’s authors also state that “while no method of investigating and documenting preventable harm is perfect, some form of data collection of death due to medical error is needed to address the problem.”

Personal Injury Lawyer with Medical Error Experience

If you or a loved one have been affected by a medical error that resulted in serious injury or death, don’t try to handle it on your own. For a successful trial outcome and a fair settlement, you need personal injury lawyer who will bring experience, skill and personal attention to your case.  The Law Office of Gloria Seidule has over 25 years medical negligence and malpractice law in Stuart, Port St. Lucie and Fort Pierce, FL, and we can help you seek the financial restitution you deserve.

Should you hire an auto accident lawyer?

 

If you were injured in the car accident and it was due to the negligence of another, you may wish to consider hiring a lawyer. Injuries require medical attention, and this means that you could have expensive medical bills to pay. When another driver injures you in a collision that he or she caused, that person is legally responsible for paying your medical bills. However, agents with the at-fault driver’s insurance company may be denying that their client caused the accident. If this is happening to you and your medical bills are not being paid, you need a personal injury attorney.

Is There Serious Damage from the Car Accident?

If your vehicle sustained serious damage from the collision, the repairs can be very expensive. For this reason, insurance company agents work very hard to avoid paying these claims. Along with denying that their driver is at fault, they may also employ stall tactics that keep you from being able to have your car repaired. This scenario also requires the services of a car accident lawyer.

Are You Unable to Reach a Reasonable Settlement with Your Insurance Company? 

It’s not always another driver’s insurance company that acts in bad faith. Sometimes, your own insurance company will do everything possible to keep from paying what you are owed. You signed a contract with your insurance company in which you were promised a certain amount of money in the event that your vehicle suffers damage or you are injured. If your insurance company is offering less than you think you deserve or is denying your claim altogether, it is within your rights to hire a personal injury lawyer.

Have You Missed Work and Lost Wages?

Your injuries may have required you to miss work. This leads to lost wages and leaves you without an income. With medical bills to pay and the expenses of daily living, it can become extremely difficult to make ends meet. You may have filed a claim with the at-fault driver’s or your own insurance company, but you are not receiving payment. Whatever the case may be, you are legally entitled to fair compensation in a reasonable amount of time. Call the Law Office of Gloria Seidule today for a free case evaluation. With over 25 years experience fighting for her clients on the Treasure Coast, she can give you the representation you need.

Will Your Social Media Derail Your Stuart FL Personal Injury Case?

As our society becomes more and more open, sharing the tiny details and minutiae of our daily lives on social media, the less we consider the potential impact it could have on our lives, or even our personal injury lawsuit. For around 75% of adults in the U.S., we often don’t give a second thought to the content we’re putting out there for public consumption. It’s part of a daily, or even hourly, activity to post a picture of the Cobb salad we’re having for lunch or to login to Facebook to talk about the fender bender we had in the Target parking lot.

But wait a minute. Before you share (or overshare) the details of that car accident, or that photo of you and your friends dancing at a club last month after stating you suffered whiplash, be aware that whatever you post becomes part of the public record. Absent any context, a photo may not tell the whole story. Or you may have exaggerated an anecdote for comedic effect, but it doesn’t come across that way in court.

Your social media is in the public domain

It is becoming more and more common for attorneys and insurance company investigators to scour a plaintiff’s social media accounts looking for anything that may disprove or even cast doubt on their claims. This tactic has been used with success in the past, and as the explosion of social media use continues, it’s safe to assume that it will be used in the future.

Using your posts against you isn’t necessarily limited to attempting to disprove the existence of physical injuries you may have suffered. Those photos of you laughing at a picnic or hanging with friends at a football game may be used to bring your claim of emotional distress into question. In a personal injury case, the burden of proof is placed on the plaintiff, so these pictures and posts may complicate your attempts at doing so effectively.

It’s a good rule of thumb to avoid social media or even suspend your accounts after an accident where you plan to seek compensation for damages. What you feel is an innocent, harmless post could be misconstrued or used out of context. Ask your friends and family to also refrain from making any posts having to do with it as well. Remember, anything that is publicly posted on the internet is fair game.

Consult a personal injury lawyer

If you’ve been involved in an injury accident, before you share the details with your social media circle, consult an experienced personal injury attorney for counsel and to discuss the merits of your case. If you’re in Stuart, Port St. Lucie or Fort Pierce, FL, contact The Law Office of Gloria Seidule. Gloria is committed to pursuing justice and recovering compensation for her clients. Call today for a free, no-obligation case evaluation.  772-287-1220

Distracted Driving is Making Florida’s Roads Increasingly Unsafe

If you’ve spent any amount of time driving in South Florida or the Treasure Coast, you’ve probably noticed more than one driver ignoring all the warnings about distracted driving. Despite the push to advertise the hazards of texting and driving to the public, it seems like the message is not sinking in for some drivers.

Frightening Distracted Driving Statistics

In the past five years, our roads have seen skyrocketing crash statistics. Between 2011 and 2016, crashes have increased a shocking 63%, while the death toll has gone up by 21% and injuries jumped by 34%. The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) began tracking accidents caused by distracted drivers in 2015, and found there were 45,740.

These numbers are scary and sobering. Distracted driving now accounts for a full 12% of all the crashes in our state. Some law enforcement personnel and emergency responders feel that number may even be deceptively low. Asked by The Daytona Beach News-Journal, Sgt. Kim Montes with the FDHSMV said there have been cases when a texting driver dies in a crash and the phone is still in the deceased’s hand when paramedics arrive., “We also know it’s under-reported. In order to put it on a crash report, we have to have proof that someone was texting and driving. People don’t like to admit they’ve done something wrong.”

Causes for the increase of injuries and fatalities from distracted driver crashes

The explosion of popularity in smartphones may have a correlation with this staggering statistical increase. As the number smartphones went up, crashes on Florida roads went up from 229,210 to 373,853 in the same five-year period.

The easy and immediate access to texts, emails, photos and video has apparently proven to be too great a temptation for many people, especially young and experienced drivers. The CDC reports that drivers under the age of 20 have the largest proportion of fatal distracted driving accidents. In 2013, 2 out of 5 students who drove in the previous 30 day period prior to the study admitted to sending a text or email while driving.

In November 2015, House Bill 537 was introduced, which would provide for primary enforcement of the Florida Ban on Texting While Driving Law. The bill died in Highway & Waterway Safety Subcommittee review March 11, 2016. A General Bill, SB 328 was similarly introduced in 2015, revising legislative intent to authorize law enforcement officers to stop motor vehicles and issue citations as a primary offense to persons who are texting while driving; deleting the requirement that specified provisions be enforced as a secondary action by a law enforcement agency. It also died March 11, 2016 before Communications, Energy, and Public Utilities.

The Human Toll of Distracted Driving

The human toll behind these statistics is immense. The physical, emotional and financial burden suffered by the victims and their loved ones is unimaginable to most of us. If you have teenagers, talk to them about the dangers of distracted driving. If you find yourself looking at your phone instead of the road, please stop and think of the possible consequences to you and those around you.

If you have been the victim or are a loved one of someone who has been injured as a result of a distracted driver, contact a Personal Injury Attorney. The Law Office of Gloria Seidule is committed to seeking justice for those who have been harmed. Call today for a free case evaluation at 772-287-1220 or vist us at http://glorialaw.com/.

What impacts your personal injury settlement amount?

If you’ve been injured through no fault of your own and have been able to determine the party that is at fault you may have a strong claim to settlement. However, having a strong claim doesn’t necessarily mean that she will win a large settlement as compensation. There are many factors that play a role in determining the amount of the settlement.

Since the 1990s, insurance companies have found ways to slowly lower the amount that is paid in a final settlement. Earlier, most victims could expect to receive a relatively generous settlement due to more liberal policies employed by the insurance carriers. During this period it was not uncommon for the company to settle a soft tissue injury claim for roughly 3 times the claimant’s actual cost. That formula has gradually been reduced over a period of time.  Today the same claim may pay half that amount.

What Constitutes Personal Injury Damages?

Your damages will include tangible and intangible losses that were created by the injury. These can include:

• The cost of past present and future medical treatments
• Repair and/or replacement of damaged property
• Lost wages, bonuses, and vacation days
• Physical pain and suffering
• Emotional distress and mental anguish

We all want the highest possible recovery as a result of the accident and injury. It’s important to begin this process with realistic expectations for the outcome. Valuing your case too highly can increase your stress level and frustration with the process. This can lead to making some bad decisions that could cost you money. You should avoid using a compensation calculator that you can find on the Internet. Because every injury is different these tools could cause you to have unrealistic expectations. Only a qualified attorney who clearly understands your case can value your potential settlement. They’re able to do this because of their long experience and knowledge of the law and insurance company policies.

Every Personal Injury Case is Unique

Keep in mind that every injury is unique to the circumstances that caused it. No two accidents and injuries are the same. Therefore, careful study, research, investigation and assessment of your condition are critical to valuing your case. The stronger the evidence of a significant injury that impacts your life substantially the better your opportunity is to reach a large settlement.

To win a settlement you must prove the severity and the long-term impact of your injuries and it must be clearly determined that your injuries are the result of negligence or reckless behavior. A personal injury lawyer with long experience in personal injury law has the ability to establish and document these facts.

With changes in the settlement policies of the insurance companies it’s become more important to engage legal counsel early in the process. We must remember that the role of the insurance adjuster is to minimize the expense for the insurance company. They are not paid to look out for the best interests of the insured. Once again a well-qualified and experienced personal injury lawyer can help you navigate the process and optimize your compensation.

Uber or Lyft Ride Sharing – Am I Insured?

What happens if I am injured in an auto accident while riding in a Lyft or Uber car?

This is a great question and one that should be considered before choosing to ride in a Lyft or Uber car. This is not an issue when using a traditional taxicab because local regulations require insurance coverage for their vehicles and drivers. If there is an incident, an established system with ample insurance exists to manage the problem.

There are a number of insurance companies that are beginning to offer policies that are tailored specifically for Uber/Lyft drivers.  Another choice is commercial vehicle insurance, which can be very costly when compared to personal vehicle insurance coverage. If your driver is not adequately insured the ride hailing services do provide coverage that will pay for any claims that are in excess of the driver’s coverage. These amounts vary from state to state.  The coverage includes liability and underinsured motorist insurance.

The ride hailing services are new, so the landscape is constantly changing and the market is adapting as it evolves. Insurance carriers are introducing new products for the drivers, while government regulations are being introduced to regulate the service for the safety of the users.

If you are injured in a Lyft or Uber car accident seek medical treatment as quickly as possible, file a police report and notify your insurance company of the incident.  Get the name of the driver and any witnesses and retain copies of your medical records and other pertinent information related to the accident. If possible, it’s a good idea to get pictures of the scene and the damage.

Regardless of the circumstances, if you are injured in an accident it is a good practice to consult a personal injury lawyer before signing any settlement agreement. A personal injury lawyer can help you get the best possible settlement.

What you need to know about your Personal Injury Lawsuit

The litigation process will differ depending on your case and the specific court assigned to your case. If you have a small claims dispute, the process will be informal and it won’t require an attorney. However if your case is more complex as in a personal injury suit the help of an experienced lawyer will be very important.

There are two types of litigation criminal and civil. Criminal litigation involves being charged with a crime by the government state, local or federal. This process puts the accused before a judge or a jury. The outcome can be a fine, restitution, or jail time.

What do they mean by “civil litigation”?

Personal injury cases fall under civil litigation. Civil litigation most often includes issues of money and or or responsibility for an event or actions that result in one party harmed.  Civil claims are litigated in a number of different courts, including Small Claims Court, Municipal Court County, state or federal courts. Civil litigation is our way of settling disputes between two parties.

If you are seeking compensation as a result of an injury it will be very important to be represented by an experienced lawyer shortly after the injury is sustained.  Your lawyer will help you document the facts of the case, organize the evidence and other information, file the required paperwork, negotiate a settlement for you or represent you in court.

What role does a personal injury attorney play?

Filing a lawsuit has four important elements that your attorney will be responsible for:

• Filing the lawsuit with the court
• Serving papers to the defendant
• Gathering and organizing your evidence
• Preparing the case for arguments

A personal injury case will involve additional steps that include the assessment and presentation of facts regarding the extent the severity of your injuries. It is important to have an attorney that is familiar with the medical facts and the long-term impact of your injuries.

Settling your case

There are a number of potential processes that can be used to settle your case.

• A settlement is reached as a result of negotiations between your attorney and the defendant.
• Both parties agree to arbitration or mediation in an effort to avoid a trial. This process will involve a mediator who will help the parties reach satisfactory agreement.
• Go to trial where your case will be heard by a judge or a jury that will make the final decision.

Generally, the goal is to avoid a court trial by negotiating to reach a satisfactory settlement for both parties. However, there is always the possibility that the case will advance to trial. In this case it is very important to have a lawyer with trial experience in personal injury law.

Be mindful that winning a judgment from a trial may not be the end of your claim. Awards made by the court can be appealed to a higher court. In this case, additional months or years can be spent pursuing a claim your claim. For this reason it is almost always better to settle the case through direct negotiations or arbitration and mediation.

Port St. Lucie fatal car crash and road accident statistics 2013

It’s easy to believe that accidents don’t happen in our city or neighborhood but they do. In 2013 there were nine fatal accidents in the city.  Some were on streets and in neighborhood that that see very safe and unlikely to be the scene of a serious accident.  There are many causes for auto accidents including drunken driving, distracted driving, speeding and just plain carelessness.

Often people become victims through no fault of their own.  One simple mistake can have catastrophic consequences like death and serious injury.  It’s important for all of us to operate our vehicles safely and in accordance with the law, driving the speed limit and obeying street signs and traffic signals.

Driving safely and carefully saves lives and avoids serious injuries.  Keep it safe out there.

 

Port St Lucie, FL,  fatal car crashes and road traffic accident statistics for 2013
Fatal accident count	9
Vehicles involved in fatal accidents	14
Fatal Accidents involving drunken persons	2
Fatalities	9
Persons involved in fatal accidents	16
Pedestrians involved in fatal accidents	3

Location	Vehicles	Persons	Pedestrians	Fatalities
Nw St Lucie West Blvd, Nw Country Club Drive	1	1	1	1
Sw Bayshort Blvd.	1	1		1
Sw Gatlin Blvd.	2	1		1
Se Airoso Blvd	1	1		1
2174 Se Floresta Dr.	3	1		1
Se Port St Lucie Blvd, Se Shipping Rd	2	5		1
US-1, Se Port St Lucie Blvd	1	1	1	1
Se Tiffany Ave	1	1	1	1
Se Green River Pkwy, Se Charleston Dr.	2	3		1

* Data provided by City-Data.com

This information was provided by The Law Office of Gloria Seidule.  www.glorialaw.com

 

 

Florida Slip and Fall Injury Lawsuits 101 – Part 2

In part one of this article, we covered the different types of slip-and-fall cases in a premises liability case and what the injured party must demonstrate in order to try to prove fault for the personal injury.  Here we continue with some other frequently raised questions regarding slip-and-fall injury lawsuits in Florida.

How long do I have to file my slip-and-fall case?

The statute of limitations, which is the time limit for filing, will expire after four years. That means you have four years from the original date of your injury to bring your lawsuit forward and seek damages from the responsible party.

Who bears the responsibility for my injury?

Determining who is at fault in any accident can be difficult. There may be more than one party responsible for the circumstances surrounding the injury. If, for instance, you are injured while shopping at a mall, the store owner or manager or possibly the shopping mall building management or property company may share in the fault.

Your attorney can help you go through all possible responsible parties to have them named in your premises liability suit. Florida law requires each defendant in a case to pay their share, and only their share.  If you fail to name every possible responsible party, you might not be able to recover all the damages due you.

In the State of Florida, a slip-and-fall case will also utilize a tool called comparative negligence.  This allows the court to do a comparison of the burden of fault for the accident, be it the business, the property owner or the injured party themselves. There are no guarantees that the court will find in favor of the injured, as they may find that they were more to blame for the incident than the business.

What sort of compensation is provided for in a Florida slip-and-fall case?

If you win your case, as the injured party, the amount you recover will be determined by the court.  Compensation can be awarded for any or all of the following items:

• Medical costs
• Lost wages, both now and in the future
• Permanent disability
• Emotional distress
• Other costs directly related to your injury

This brief overview  has given you a few of the fundamentals, but a slip-and-fall lawsuit in Florida can be a complicated journey. Don’t try to go head-to-head with a large corporation and their vast resources on your own. An experienced personal injury attorney can help to level the playing field.  Gloria Seidule has been serving clients in Port St. Lucie, Fort Pierce and Stuart, Florida for over 25 years, and has a strong track record of successfully represented clients against big corporations such as Walmart.  Contact the Law Office of Gloria Seidule at 772-287-1220.