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

 

Florida Slip & Fall Injury Lawsuits 101 – Part 1

When you’ve been injured in a slip-and-fall accident in Florida, you may find yourself faced with questions about compensation for that injury. Personal injury law, also known as premises liability law, is not always easy to comprehend, especially in regard to your rights and the steps you should be following to recover your damages. Having a grasp of the basics is a good start.

 What is a Slip-and-Fall Accident?

Slip-and-fall is something of a catch-all term used to describe a variety of accidents. In general, a slip-and-fall refers to when someone falls as a result of losing their footing, and sustains an injury on another person’s property. More specific descriptions of slip-and-fall accidents include:

• Slip-and-fall – caused by a slippery object or liquid
• Trip-and-fall – caused by an obstruction or uneven surface in one’s path
• Step-and-fall – caused by a lower spot or hole in one’s path

Florida premises liability law states that a business or landowner must keep their property in a reasonably safe condition for their customers or guests. If the owner or manager is aware (or should be aware) that something on the property isn’t safe, they are required to fix the problem quickly. If they fail to act in a timely manner and you fell and were injured as a result, it may be considered negligence, meaning they bear at least some responsibility for your injury.

What Do I Need to Prove In a Slip & Fall Case?

Not every injury sustained in a slip-and-fall is considered the fault of another, however. In Florida, if you were injured and wish to bring a slip-and-fall case, you’ll need to prove three things to the court:

The business or property owner owed a duty of care to you. When a business invites someone onto its property, they need to see to it that the property is safe for the customer or client to do so.

Reasonable care was not exercised by the business or property owner in the maintenance or operation of the property. It will be up to the court to decide, based on the evidence, what constitutes reasonable in each case.

You were injured because the property owner or business didn’t use reasonable care.

Proving these circumstances exist is not always as clear cut as they seem, and can actually become quite complicated. It’s a good idea to consult with an experienced Florida slip-and-fall lawyer to go over the details of your accident and the proof you have to present. They can help you decide if you have a case.

In Part 2, we’ll be covering how responsibility is determined, the statute of limitations and what sort of compensation you can seek. Until then, if you’ve suffered an injury in a slip-and-fall and wish to consult with an experienced personal injury attorney, contact the Law Office of Gloria Seidule. With over 25 years fighting for justice and fair compensation for her clients in Stuart, Port St. Lucie and Fort Pierce, Gloria brings the skill and passion to represent you and fight for your rights. Call today at 772-287-1220.

Port St. Lucie Auto Accident Airbag Injuries and Lawsuits

If you’ve been paying attention to the news over the past few months, you’ve probably heard quite a bit about defective Takata airbags causing personal injury and even death during car accidents. Millions of vehicles produced by seventeen different car manufacturers have been recalled due to defective deflators that propel sharp metal shrapnel during deployment.

This issue is far from the only hazard that airbags can present to drivers and occupants. Airbag deployment can cause injury in other ways:

• Severe eye injuries have been known to occur from hard impacts
• Burns and abrasions can result from rapid deployment
• The chemicals released during airbag deployment can trigger or worsen asthma attacks
• Even properly deployed airbags have been shown to cause severe (and sometimes fatal) injuries if the driver is very close to the steering wheel
• Sometimes injury occurs from faulty sensors that can prevent the airbag from opening at all

Legal options if you have suffered an airbag-related injury in Port St. Lucie

Filing a personal injury claim may help you to recover losses suffered in your auto accident. To have a case, you will need to meet the standard requirements for a negligence lawsuit. This means being able to prove that your injury was a direct result of the negligence of another party. Your injury alone will not serve as proof of fault or that someone else was negligent.

There are three parties that could potentially be targeted for your suit:

• the manufacturer of the car
• the manufacturer of the airbag
• the party who did post-purchase maintenance, inspection or replacement of the airbag

What to do if you’ve been injured by a malfunctioning airbag

First and foremost, you need to make certain that all parts of the airbag are preserved. Do not allow either the airbag itself, the sensor or any other components to be disposed of under any circumstances, as they will be essential to your case. It’s also very important to ensure that your car’s computer chip is not reset or cleared.

If possible, don’t allow your vehicle to be scrapped at the junkyard or transferred to the possession of the insurance company. In general, if your car has been declared totaled, the insurer will require your car be turned over to them. The burden of proof will be yours, however, and the case will be much more difficult to make if you do not have the vehicle, computer and airbag available as evidence.

Finding an experienced personal injury lawyer will also be critical to your case. Gloria Seidule has been fighting for the rights of those who have been injured in car accidents for over 25 years in the Port St. Lucie and Treasure Coast area. Her skill and personal attention will be an invaluable resource for you in the pursuit of your compensation. Call today for a free, no-obligation consultation. There are never any fees if you don’t win. 772-287-1220.

PIP Insurance and Your Fort Pierce, FL Car Accident

If you’ve heard the term “PIP insurance” and don’t know exactly what it means and how it affects you, you’re not alone. Many people are confused about what it is and what it covers. This article may help answer some of the questions you may have, especially if you’ve been involved in a car accident in Fort Pierce, FL.

What is PIP insurance?

A requirement for every Florida driver, with the exception of motorcyclists, taxi drivers and bus drivers,  is to carry Personal Injury Protection insurance (PIP). PIP will pay up to 80% on specific medical expenses, and 60% toward lost wages up to $10,000. These totals include household expenses connected to the injury after your deductible is satisfied.

How does PIP insurance work?

If you sustain an injury in an auto accident, you should report the incident first to your own insurance company and use your own PIP benefits. This is true whether or not you are at-fault, driver or passenger, or even if it wasn’t in your car.

If don’t drive and have no insurance in your own name, your attorney will check for any policies held within your household that may cover related individuals living in the household. If no coverage is available in either of those situations, then your lawyer will seek out the insurer of the vehicle in which your injury occurred.

One very important point to mention is that if you do own a car but do not carry the required PIP insurance, you will not be entitled to compensation from any other PIP policy, and the party who is at-fault will NOT be required to cover your medical and lost-wage benefits.

What is the Permanent Injury Threshold?

An injury must be deemed permanent for or else you will only be allowed to recover 40% of the lost income and only 20% of medical expenses not paid for by PIP insurance including those exceeding the upper PIP limits.  If you try to recover non-financial damages such as pain and suffering and mental anguish, your accident must have been responsible for a serious, permanent loss of bodily function, disfigurement or severe scarring or other significant and irreversible damage.

If you have been injured in an auto accident and wish to speak with an experienced attorney, call Gloria Seidule today at 772-287-1220. She has over 25 years of experience helping accident and personal injury victims in Fort Pierce, FL and across the Treasure Coast. Contact our office for a free, no-obligation consultation about your case. There is never any fee unless you win your case.