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Powell, Powell & Powell, P.A.

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Potential Injuries to Watch for After a Slip-and-Fall Accident in Florida

Not all slip-and-fall accidents cause severe injuries or death; however, as the cliché goes, "you don't know what you don't know," which means you may not be aware of how severe your injuries are until you reach out to a medical professional after an accident. This is especially true if you slip and fall in Florida, a state home to many businesses, tourist attractions, and activity sites.

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Why You Need an Auto Accident Lawyer After an Accident in Crestview

In Crestview, a bustling city in Florida that has its own unique traffic patterns and road hazards, auto accidents are unfortunately common. Many collisions result in bodily harm, mental stress and a flood of questions with regard to your legal rights. If you find yourself in such a situation, hiring an experienced auto accident lawyer is not just advisable but crucial. Our Crestview auto accident lawyer explains why below.

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10 Tips for Keeping Children Safe as They Go Back to School

Preparing for your child to go back to school can be nerve-racking, but this is the season for preparedness. Whether they are riding the bus, walking to school, biking, or just spending time inside the school building, parents throughout Florida are likely quite concerned about their ability to keep them as safe as possible. To help put parents’ minds at ease, our Crestview personal injury lawyer provides the following 10 tips to help keep your children safe this school year.

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Settle or Go to Trial?

While it’s true that most personal injury claims settle out of court, it is also true that many other cases do not. One of the most difficult decisions our clients sometimes have to make is whether they should accept the settlement they have been offered or reject it and proceed to trial. As accident lawyers with decades of experience, we have learned what factors our clients should consider when deciding whether or not they should settle their claims.

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Let’s Stay Safe on the Water This Summer

While we are fortunate in Florida to be able to swim year-round, getting out on the water is a great way to cool off during the hot summer months. While we all know that being on the water carries certain risks, it’s always a good idea to revisit some things you can do to keep yourself and your loved ones safe. And if you or someone you love has been injured in a water-related accident, you may want to consider talking to a personal injury lawyer about your options.

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The Most Common Types of Truck Accidents

With multiple state highways and Interstate 10 running through our area, truck accidents happen more often than many people realize. Thankfully, most of them result in only minor injuries, but there is a wide variety of truck accidents that can result in serious injuries and even death. Identifying the type of truck accident that you were involved in can help identify the cause and explain your injuries, especially if you don’t clearly recall what happened. If you have been injured in a truck accident, a personal injury lawyer with experience in handling truck accident cases will be able to determine whether you may be entitled to compensation.

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Personal Injury Claims Against the Government

There are situations where accidents can occur due to government negligence. For example, you could fall while on government property and suffer a serious injury. You could be injured in a car accident that was caused by negligent highway design or maintenance. You could be injured due to the negligent actions of a government employee. Whatever your situation may be, these cases pose unique challenges for the people who are injured. If you have been harmed as a result of government negligence, a personal injury lawyer can help you navigate the claim process.

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Who Is Your Opponent in a Car Accident Case?

Most car accidents are caused by another driver’s negligence, such as speeding, driving while intoxicated, or driving and texting. If you are injured in a car accident, you will more than likely need to pursue a claim against the other driver, even though Florida is a “no-fault” state. Understandably, many accident victims are reluctant to take this step. In other cases, the other driver’s negligence may have been so egregious that their victims are eager to file suit. Whichever side you may be on, it is important to understand the behind-the-scenes dynamics of your case and how your claim will be handled. For this reason, you should strongly consider working with an experienced car accident lawyer if you have been injured in a car accident.

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Understanding Wrongful Death Claims in Florida

While most accidents result in only minor injuries, some accidents tragically result in death. For the family members and loved ones left behind, this can be emotionally devastating and present a financial crisis. While nothing can undo what has happened, there are steps that the surviving family members can take to protect their future. If you have lost a loved one in an accident, an experienced personal injury attorney can help you find a way forward.

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“How Am I Going to Pay My Bills?”

One of the biggest sources of anxiety for accident victims is how they are going to pay their bills. Not only do they face significant medical expenses and the cost of repairing or replacing their vehicle, but they may be unable to work due to their injuries. Unexpected, unbudgeted expenses plus a sudden loss of income can put most people into a financial crisis. If you have suffered a serious injury in an accident, pursuing a legal claim may be your only option for recovering the compensation you need. An experienced personal injury lawyer can help you rebuild your life and hold the responsible party accountable.

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What You Need to Know About Rideshare Accidents

Rideshare services such as Uber and Lyft continue to be a popular option for those who do not wish to drive, especially in areas with limited public transportation. These services provide an inexpensive and convenient way to get to where you need to go all managed through the convenience of your smartphone. In the event of an accident, however, they do present some unique challenges if you need to pursue an injury claim. If you have been injured in an accident with an Uber or Lyft driver, an experienced car accident lawyer can help you navigate the claim process.

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Personal Injury Claims: What You Need to Know About Filing a Lawsuit

While it is true that most personal injury cases settle without going to trial, there are many claims where filing a lawsuit becomes necessary. This may be because the other party or their insurance company refuses to settle for a reasonable amount or because you need to protect your rights. Unfortunately, the prospect of going to court can be intimidating for many injured people. An experienced personal injury lawyer can guide you through the process and handle all of the heavy lifting required to get the compensation you deserve.

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Have You Been Injured by a Dangerous or Defective Product?

Sometimes it seems like product recalls are in the news every day, which has made it easy to tune them out. It is important, however, to consider the reality behind these recalls - these are products that are dangerous and likely to cause serious injuries and even death to consumers. Fortunately, consumers can hold manufacturers and others responsible for the harm they have caused and get the compensation they need to rebuild their lives. If you have been injured by a dangerous or defective product, a personal injury lawyer can help you assert your rights.

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Common Defenses in Car Accident Cases

No matter how obvious it may be that the other driver was at fault, you still have to prove your case. In addition, the other party has an opportunity to tell their side of the story - a version of events that may be quite unexpected. If you need to pursue a legal claim, you should be prepared for challenges along the way. A knowledgeable auto accident attorney can help you navigate those challenges and get the compensation you need to make a full recovery from your accident.

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School Bus Accidents: What You Need to Know

It will be time for kids to head back to school before we know it. For many, this means riding the school bus. And while school buses are generally safe, it is important to remember that school bus accidents can and do still happen. Unfortunately, claims arising from these accidents are often more complex than other motor vehicle accident cases. If your child has been injured in a school bus accident, we strongly urge that you contact an experienced personal injury lawyer to discuss whether you should pursue a claim for compensation.

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Have You Been Injured in an Accident? Six Things You Need to Know

While it is true that accidents happen, many accidents are avoidable. In fact, many accidents are caused by negligence - the failure to take due care to avoid causing harm to others. Unfortunately, many people do not realize that they have important rights if they have been injured as a result of someone else’s negligence. As a result, they often find themselves with bills they can’t pay and no way to recover their losses. If you have been injured in any type of accident, an experienced personal injury attorney can review your case and discuss whether you can or should pursue a claim.

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Let’s Talk About About Motorcycle Accident Statistics

May 2023 is motorcycle safety month. In its press release package to mark this occasion, the National Highway Traffic Safety Administration includes a few talking points that should give us pause.

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Do You Have a Negligent Security Claim?

Premises liability is an area of law that holds negligent property owners accountable when they fail to maintain their property in a safe condition. The most common type of premises liability claim is when someone falls and is injured due to a hazardous condition. However, property owners can be held liable for a wide variety of accidents, including when guests or patrons are injured by someone else. If you have been injured as a result of negligent security, a knowledgeable premises liability attorney can assess your case and determine whether you may be entitled to compensation.

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Governor DeSantis Signs Major Tort Reform Bill

On March 24, 2023, Governor DeSantis signed HB 837 into law after passing in both the House and the Senate with significant majorities. Effective immediately, the law brings major changes to future accident and injury claims in the state of Florida. The impact of these changes is so significant that reportedly thousands of lawsuits were filed between the time the bill passed the Senate and it was signed into law by the Governor. As a result, if you have been injured, it is arguably more important than ever to contact a personal injury lawyer to discuss your rights and your options.

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What Happens When You Settle Your Case?

You may have heard it said that most personal injury cases settle before going to trial. While this is true, it’s important to understand what settlement entails so that you can make the right decision about whether the settlement is right for you. Whether you have been involved in a car accident or have been injured on someone else’s property, an experienced personal injury attorney can help you make a claim and decide whether you should accept a settlement.

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Car Accidents Involving Self-Driving Cars

What was once science fiction is now poised to become a reality in the very near future. We already have cars that include increasingly sophisticated technology that assists drivers in a variety of ways, as well as Tesla’s autopilot mode. Driverless trucks and cars are on the horizon, promising to revolutionize our lives both on and off the road. However, there is a complex legal framework behind this developing technology as well as many potential legal issues. If you have been involved in an accident with a car where this technology may be an issue, you need a car accident attorney who understands the complex nuances that these cases present.

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Your Personal Injury Case: From Start to Finish

Whether they have been bitten by a dog or injured in a motorcycle accident, one of the most urgent questions that clients have is, “what happens next?” If you have been injured in an accident, your entire life has been suddenly thrown into question. You may be unable to work and worried about your bills. You may be worried about whether you will ever be able to recover fully. These questions can be overwhelming without even considering whether you should pursue a claim.

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What to Do if the Other Driver Doesn’t Have Insurance

Under Florida law, all drivers are required to carry insurance. Unfortunately, this doesn’t mean that every driver is insured. Many people lose their insurance coverage when they fail to pay their premiums or their insurance coverage may have been canceled for some other reason. Whatever the case may be, the unfortunate reality is that it can cause significant complications with your claim if you have been injured in an accident with an uninsured driver. If you have found yourself in this situation, you should contact an experienced car accident attorney as soon as possible.

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Why You Need a Lawyer if You Have Been Injured in a Truck Accident

According to the most recent data available from the National Highway Traffic Safety Administration, fatal accidents involving large trucks increased by 13% from 2020 to 2021. While the statistics for 2021 have not yet been finalized, this increase comes as a shock after seeing a decline from 2019 to 2020. There were 4,965 fatalities involving large trucks in 2020, while there were 5,601 fatalities involving large trucks in 2021. When you consider that more than 70% of the people killed in those accidents were the occupants of other vehicles, you start to understand why an increase in truck accident fatalities is troubling.

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Proving Your Personal Injury Claim

If you have suffered an injury due to someone else’s negligence, you may be entitled to compensation. Even if you have health insurance, you may have significant out-of-pocket expenses such as copays and deductibles. You may also be entitled to compensation for any lost income as a result of being unable to work or having to miss work to go to doctor’s appointments or physical therapy. Finally, you may also be entitled to compensation for your pain and suffering. Altogether, the value of your claim can be significant.

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Motorcycle Accidents in Okaloosa County

Every motorcycle rider knows that riding on our roadways is dangerous. Without the body of a car surrounding them, they risk serious injury and even death if they are in an accident even if they are wearing a helmet and other safety gear. That said, the fact that you accept the hazard of riding a motorcycle does not mean that you aren’t entitled to compensation if you are injured due to another driver’s negligence. If you have been in a motorcycle accident, talk to a motorcycle accident attorney to discuss whether you have a claim.

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Injured? Four Big Reasons Why You Should Contact a Lawyer

Accidents happen every day. While the people involved often walk away unscathed, there are always accidents that result in serious injuries and sometimes even death. When people are injured as a result of someone else’s carelessness, they are entitled to be made whole under the law. This means that they deserve compensation for their medical expenses, lost income, and pain and suffering.

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How to Prove Distracted Driving

Florida’s law banning the use of smartphones and other electronic devices went into effect in July of 2019. Distracted driving is negligent driving regardless of the law, but it can help your case if you were injured in an accident and the other driver is given a ticket for texting while driving. Unfortunately, there are many cases where distracted driving was the cause of the accident but no ticket was issued. And even if a ticket was issued, you will still need to prove that the other driver was not only driving while distracted but that it caused your accident that led to your injuries.

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Understanding Damages for Pain and Suffering

In every personal injury case, the plaintiff (the person who was injured and is making the claim) is seeking monetary compensation for their injuries and other losses. The legal term for this monetary compensation is “damages.” There are two main types of damages in a personal injury case: (1) economic and (2) non-economic. Economic damages or those losses that are represented by a specific dollar amount such as your medical bills. Pain and suffering fall under non-economic damages. Because they are not supported by documentation, they can be much harder to prove.

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Seven Mistakes That Can Jeopardize Your Car Accident Claim

The days following your car accident can be overwhelming. Unfortunately, this is also the time that people tend to make mistakes that can do irreparable damage to their claims. Even if you aren’t sure whether you have a claim, it is best to proceed carefully in order to protect your rights. Ultimately, the best thing you can do is talk to a Defuniak Springs car accident lawyer - they can help you find the way forward, even if you choose not to pursue a claim.

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Car Accidents and Pre-Existing Conditions

All kinds of people are involved in car accidents every day, including the elderly and the unwell. Unfortunately, people with pre-existing conditions face unique challenges when it comes to pursuing a claim for compensation. The Niceville car accident lawyers at Powell, Powell & Powell want you to know that you are not alone, and we have the knowledge and experience you need to make a full recovery.

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Injured in a Pedestrian Accident? What You Need to Know

Pedestrians who are struck by motor vehicles typically suffer severe injuries, and tragically, many of these accidents result in death. Unfortunately, there is a great deal of misinformation that surrounds these accidents, particularly as to whether the pedestrian was at fault. If you or a loved one has been injured in a pedestrian accident, the best thing you can do is speak with a Crestview personal injury lawyer as soon as possible. They can review your case and help you understand your rights.

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FLHSMV Releases 2021 Crash Data

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recently released its crash data for 2021. While the data is considered “preliminary” and finalized data has not been published, it does provide a snapshot of trending motor vehicle accidents across Florida and in Okaloosa County. Analyzing the data is a sober reminder that motor vehicle accidents are one of the most common causes of serious injuries and deaths in our area. If you or a loved one have been involved in an accident caused by someone else’s negligence, a Crestview auto accident lawyer can help you get back on your feet.

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What to Expect at Your Free Consultation

The initial consultation is an important step in choosing the right lawyer for your case. As a result, it is important to come to the meeting prepared to ensure you make the most of the meeting. It is also important to have a sense of what you can expect - while every lawyer will of course hope that you will retain them, there is certain information that you can expect to receive about your case when meeting with a Fort Walton personal injury lawyer from our firm.

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Do You Need a Lawyer Even Though You Have PIP Coverage?

As with a handful of other states, Florida is a “No-Fault” accident state. This means that the personal injury protection (“PIP”) coverage that is included with your automobile insurance covers any bodily injuries that you suffer as a result of a car accident, regardless of fault. Compare this to other states where you must pursue a claim against the at-fault driver for your injuries.

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Bitten by a Dog? What You Need to Know

Despite the media’s coverage of vicious dog attacks, people often fail to recognize just how serious dog bites can be. Children and the elderly are especially vulnerable - children due to their size, the elderly because they are far more likely to be knocked down and suffer broken bones and other serious injuries. If you have been bitten by a dog, you may be entitled to compensation for your injuries. A Crestview personal injury lawyer can review your case and determine whether you have a claim.

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Why You Should Talk to a Fort Walton Personal Injury Lawyer if You Fell on Someone Else’s Property

Slip and fall accidents are often ridiculed but the reality is that they can result in serious injuries. These injuries can require extensive medical treatment and lead to lost income and other issues. In those situations, you may be entitled to compensation but, unfortunately, these cases can be much more difficult to pursue than many people expect. If you have been injured in a slip and fall accident on someone else’s property, a Fort Walton personal injury lawyer can help you navigate the claim process so that you can get the compensation you need.

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Weather-Related Car Accidents

While Florida drivers do not have to contend with snow and ice common during winter in other states, weather can still play a factor in many accidents. In these accidents, there is a tendency to think that no one is at fault. While weather can cause some accidents that are simply unavoidable, this is not always the case. If you have been injured in a weather-related car accident, a Fort Walton car accident lawyer can review your case and determine whether you have a claim.

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What You Need to Know if You Have Been Injured in a Car Accident Caused by a Drunk Driver

It is an unfortunate reality that drunk driving accidents spike during the holidays. Whether it is a family get-together or a company party, people celebrating the holidays often means getting behind the wheel while under the influence of alcohol. Drunk driving accidents can lead to serious injuries and even death in some cases. If you have been injured in a drunk driving accident, the best thing you can do is contact a Fort Walton car accident lawyer as soon as possible.

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Three Reasons Why People Think They Don’t Need a Personal Injury Lawyer

If you have been seriously injured in an accident, you need to make a lot of decisions about how to move forward. One of those decisions is whether you should hire a Fort Walton personal injury lawyer to pursue a claim for compensation. Unfortunately, many people make the wrong decision based on the following false assumptions.

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Things to Consider if You Have Been Injured as a Passenger in a Car Accident

When considering car accidents and potential injury claims, the focus tends toward the claim that one driver makes against the other. In reality, many car accidents also result in injuries to passengers. It is important to understand that passenger claims have their own unique considerations when it comes to pursuing a claim for compensation. If you have been injured as a passenger in a car accident, you should contact a Fort Walton car accident lawyer to discuss your options.

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Will I Have to Go to Court?

One of the most common questions that potential clients ask is whether they will have to go to court. Anxiety about court is completely understandable, but the good news is that court is rarely like anything you see on television or in the movies. Unless there is something unusual about your case, it is likely to be far less dramatic. That said, understanding why and when your case may have to go to court can be helpful in proceeding with your case. A Fort Walton personal injury lawyer can review your case and discuss the potential outcome you can expect.

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Were You Injured in a Multi-Vehicle Accident?

A recent accident near Orlando involved 15 vehicles and sent six people to the hospital. The accident occurred on State Road 417 and highlights how easily these accidents can occur when there is a high volume of traffic moving at a high rate of speed. Multi-vehicle accidents often result in severe injuries and can even result in death. Unfortunately, pursuing a claim for compensation can be very challenging in these types of cases. If you have been injured in a multi-vehicle accident, a Fort Walton car accident lawyer can help you get the compensation you need to rebuild your life.

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Understanding Comparative Negligence in Personal Injury Cases

After being injured in an accident, many people are shocked when the other party claims that the accident was at least partially their fault. This is often referred to as “contributory negligence,” meaning that the victim’s own negligence contributed to causing the accident or their injury. If the other party is saying that you are partially to blame for the accident, it’s important to understand that it doesn’t mean that you can’t pursue a claim. A Fort Walton personal injury lawyer can discuss your case with you and whether you are entitled to compensation.

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What Kind of Evidence Do You Need in a Personal Injury Case?

If you have been injured in an accident, you may be entitled to compensation for your injuries and other losses. In order to be successful, however, you will need to prove your case even if you don’t plan to go to court. This can be overwhelming for people who are suffering from serious injuries, leaving them unsure how to even begin. A Fort Walton personal injury lawyer can help you gather the evidence you need to successfully pursue a claim.

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Florida is Still a “No-Fault” State - What This Means For You

You may have already heard that Governor DeSantis recently vetoed Senate Bill 54, legislation that would repeal the mandate that Florida drivers purchase “personal injury protection” insurance or “PIP.” While this is big news in our state, many drivers remain confused about how exactly Florida law applies when they are injured in a car accident. And even though Florida is still a “no-fault” state, a Fort Walton car accident lawyer can help you navigate the claim process so that you can get the compensation you deserve.

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Is the Other Driver Blaming You for Your Car Accident?

Car accidents often happen so fast that there can be considerable disagreement as to what happened. In some cases, the at-fault driver is unwilling to accept responsibility for their own role in the accident and looks to blame the other driver. Whether they claim the accident is entirely or partially your fault, it can have important implications for your claim. If you have been injured in a car accident and the at-fault driver is blaming you, A Fort Walton car accident lawyer can overcome this argument and help you get the compensation you deserve.

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Do You Have a Premises Liability Claim?

Property owners have a legal obligation to ensure that their property is safe for guests and visitors. As a result, you may have a claim for compensation if you are injured on another person’s property. Unfortunately, successfully proving your claim involves more than the fact that you were injured. If you were injured on another person’s property, a Fort Walton personal injury lawyer can review your case and determine whether you have a claim.   

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If I Work With an Injury Lawyer, Will My Case Go to Trial?

Many people have reservations about hiring a lawyer after an accident. Among their concerns, many people believe that hiring a lawyer means that their case will go to trial. They are concerned that the process will be unnecessarily lengthy and expensive, and they think that they would rather “see what they can get” by dealing with the insurance companies on their own.

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Teen Driver Accidents: What Parents Need to Know

For many Florida parents, dealing with their teen drivers’ accidents is an unfortunate fact of life. Teen drivers face a number of risks and temptations as they learn, from careless drivers to receiving texts and social media notifications behind the wheel.

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Right of Way and Crosswalk Injuries in Florida

If you’ve been harmed in an accident due to another’s negligence, then Florida law entitles you to sue the defendant and obtain compensation for your losses.

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Personal Injury Damages Vary Depending on the Plaintiff

If you’ve been harmed in an accident due to another’s negligence, then Florida law entitles you to sue the defendant and obtain compensation for your losses.  But many would-be plaintiffs don’t understand how damages works — they may not understand why damages can be quite variable from plaintiff-to-plaintiff, or how they can maximize their own damage recovery.

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Senate Bill 54 and the Future of PIP in Florida

In Florida, the passage of Senate Bill 54 (SB54) has potentially changed insurance coverage for millions of drivers throughout the state and could have significant impacts on those drivers who are involved in car accidents.

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4 Reasons to Hire an Attorney After a Car Accident

If you’ve been injured in a car accident, then Florida law may give you a right to sue and recover damages from the defendant.  In pursuing a claim against the defendant, however, you’ll want to work with a qualified attorney who can represent your interests from beginning to end.

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Don’t Talk to Insurers Without an Attorney

If you have purchased car insurance, then you probably expect it to pay out when you are involved in a car accident.  Unfortunately, insurance companies are always looking for ways to avoid having to payout for losses sustained by their policyholders.  In doing so, they engage a few different strategies, such as communicating directly with their policyholder (so that the policyholder will make a statement undermining their claims).

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Understanding Wage Loss and Earning Capacity Damages

If you have been injured in an accident due to the fault of another party, then Florida law may entitle you to damages as compensation.  Comprehensive damage claims may involve several different “sub-categories” of damages, including wage loss and the loss of future earning capacity.

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Consequences of a No-Fault Repeal in Florida

The Florida Senate, with the support of the Florida Justice Association (FJA), has recently passed SB 54 in a party-line vote, which would replace no-fault insurance, also known as Personal Injury Protection (PIP), with Mandatory Bodily Injury (MBI) Insurance.

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How Do Attorney Contingency Fees Work?

If you’ve been injured in an accident in Florida, then you may have a right to sue and recover damages from the responsible parties.  Pursuing a lawsuit can be more challenging than you’d expect — as such, you’ll want to work with an experienced attorney who can navigate the dispute effectively and secure the maximum available compensation.

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Punitive Damages in a Car Accident Case

If you’ve been injured in a car accident, then Florida law may not only entitle you to significant compensatory damages (paying out for your injuries and the consequences thereof) but may also allow you to pursue bonus punitive damages.  These bonus punitive damages can lead to multimillion-dollar damage totals — in fact, many cases involving punitive damages have damage totals that are sufficiently high that they make the news.  As such, pursuing punitive damages is worthwhile if you can justify the claim.

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Suing the Employer of a Defendant in an Auto Accident

If you’ve been injured in an auto accident, then you may be somewhat overwhelmed by the prospect of litigation.  This anxiety can be worsened if you discover that the defendant-driver does not have sufficient insurance coverage (or personal assets) to cover your losses.  In such circumstances, you may have to start looking at other potential defendants from whom you can secure compensation.

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Statute of Limitations and the Discovery Rule

If you’ve been injured due to the negligent, reckless, or intentional acts of another, then it’s important that you consult an attorney as soon as possible so that your claims can be pursued in a timely manner.

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Common Challenges in Motorcycle Accident Disputes

If you’ve been injured in a motorcycle accident due to the fault of another party, then Florida law may entitle you to sue and recover damages.  Motorcycle accident cases may involve unique opportunities and challenges, however, and it’s worth exploring these unique elements to better understand how your case may progress over the course of litigation.

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Does It Matter That a Plaintiff is Fragile?

If you’ve been seriously injured in an accident, then Florida law may entitle you to sue and recover damages to cover your losses.  In many cases, the defendant may be surprised by the total damages liability: after all, you — the plaintiff — may have suffered injuries that are substantially more severe than that of a “normal” person in the same situation.

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Recovering Damages When Your Pre-Existing Injury Was Worsened

If you’ve been injured in an accident due to the fault of another party (say, in a car accident), then Florida law may entitle you to sue and obtain compensation for your injuries — but what if your injuries were pre-existing?

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Why Do Most Injury Cases End in a Settlement?

If you’ve been injured in an accident and have a legal cause of action for damages under Florida law, then chances are that — like most personal injury disputes — the case will be resolved through a settlement.

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How Strict Liability Product Defect Claims Work in Florida

Defective product claims run the gamut.  If you’ve been injured due to a defective product in any scenario — whether your truck crashed thanks to a defective set of brakes, or whether you were hurt by a defective lawnmower — then you may have a right to sue and recover damages under Florida law.

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Common Defenses to a Personal Injury Dispute

Personal injury and wrongful death disputes often seem straightforward at first glance, but they can get complicated if the defendant is aggressive or hostile, and puts forth one of many different potential defenses.

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What Makes Motorcycle Accidents So Severe?

Motorcyclists often encounter unique and heightened dangers on the roadways.  Though Florida is a popular motorcycling destination due to the year-round warm weather, it is still common for drivers to “ignore” or fail to account for the presence of motorcyclists on the roadway — causing otherwise-avoidable collision accidents.

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Injured Plaintiffs Are Entitled to Medical Expenses in an Accident

Injured plaintiffs (in the accident context) are entitled to recover for the losses they suffered as a result of another party’s negligence.

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Motorcycle Accident Disputes Involving Road Hazards

If you’ve been harmed in a motorcycle accident, whether due to another driver’s negligence or due to the presence of a road hazard, then you may be entitled to sue and recover damages as compensation.

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Drunk Driving Accidents in Florida: What Victims Need to Know

Drunk driving is a major problem in Florida. Florida has the third-highest number of auto accident fatalities in the nation according to data from the National Highway Traffic Safety Administration (NHTSA); and, in a study conducted by the Centers for Disease Control and Prevention (CDC), one in 50 Floridians self-reported drinking and driving within the past 30 days.

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10 National Safety Events Focused on Preventing Youth, Work and Roadway Accidents

From National Hat Day to National Donut Day, it seems that these days there is a celebration for just about everything. But, while some of these “observances” are simply focused on fun (or corporate sponsorship), others are designed to have a real impact on local communities. The following are 10 national safety observances focused on preventing childhood and workplace injuries and keeping drivers safe on the road:

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Keys to Protecting Your Rights After a Car Accident

If you or a loved one has been seriously injured in a car accident, there is a lot that you need to know. From protecting yourself against the insurance companies to collecting the evidence needed to support your claim for financial recovery, nearly every aspect of your claim will require strategic planning and careful attention to the mistakes you need to avoid.

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Could Your Fitness Tracker Data Become Evidence in Your Personal Injury Claim?

If you were injured in an accident and you are among the rapidly-growing number of Americans who wear a fitness tracking wristband or smartwatch, the data collected by your device could serve as important evidence in your claim for compensation. Since the first widely-publicized use of Fitbit data in a personal injury case a few years ago, it has become increasingly common for plaintiffs’ attorneys (and defense attorneys) to rely fitness tracking data in settlement negotiations and at trial.

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Can an Employer Be Held Liable for an Employee’s Car Accident?

With an estimated 90 percent of Americans driving to work, and with commercial drivers logging tens of thousands of miles every year, transportation and employment are inseparable. With so many people either commuting to their jobs or driving for work, a significant percentage of all vehicle collisions involve commuting and working drivers.

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Factors for Evaluating Auto Insurance Settlement Offers in Florida

If you have been injured in an auto accident in Florida, recovering your repair bills, medical bills and other losses will most likely mean dealing with the insurance companies. While it is always best to hire an experienced auto accident lawyer to represent you, if you are trying to deal with the insurance companies on your own, here are five factors to consider before you accept a settlement.

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Understanding Your Insurance Claim After an Auto Accident in Florida

If you have been injured in an auto accident, recovering your losses will most likely involve dealing with the insurance companies. This process can be frustrating – to say the least – and it can also be dangerous if you do not have a clear understanding of your rights under your insurance policy and Florida law. For this reason, it is advisable to work with an experienced attorney who can deal with the insurance companies on your behalf, and who can help calculate the full extent of your financial and non-financial losses.

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Injured in an Auto Accident in Florida? Don’t Make These Costly Mistakes

If you were injured in an auto accident in Florida, as long as you have insurance, you are entitled to financial compensation. This is thanks to Florida’s “no-fault” insurance law, which requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) coverage. But, before you accept a PIP settlement (even if your insurance company offers your policy limit), you need to make sure you have a clear understanding of your legal rights. Settling too soon is one of the biggest mistakes you can make after an auto accident. Here are seven more:

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What is a Loss of Use Claim?

If you have been involved in a car accident and someone else is at fault, there are several different categories of money damages you may be entitled to recover. In addition to medical expenses for any injuries you suffered, and repair expenses for your vehicle, you may be able to recover for “loss of use” of your car. As Fort Walton Car Accident Attorneys, we are experienced in helping our clients to maximize their recovery following an automobile accident. Loss of use claims come into play when you are unable to use your car after it was damaged in a car accident, and typically include the costs of a rental car or using public transportation while your car is being repaired.

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Understanding Auto Accident Wrongful Death Claims

If you have lost a loved one in an auto accident caused by the wrongful act or negligence of another, you may have an action for wrongful death.  Maximizing recovery following the wrongful death of a loved one requires an understanding of who can sue, who can recover, what potential damages are, and what is the deadline for bringing a claim.   

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Car Accidents Caused by Reckless Drivers

Reckless driving is the cause of thousands of traffic crashes every year. From speeding, running red lights or stop signs, to texting, illegal passing, and drunk driving, reckless driving takes many forms. As Crestview Auto Accident Attorneys, we are experienced in helping our clients to maximize their recovery following an auto accident. If you or a loved one has been the victim of a reckless driving accident, you may be entitled money damages and the driver may face criminal charges.

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Injured in an Auto Accident? The Other Driver May Not Be the Only One Responsible

In Florida, there are approximately 400,000 auto accidents every year. This translates to nearly 1,100 accidents every single day. While the vast majority of these accidents are due to driver negligence (such as speeding, running red lights, and texting behind the wheel), various other non-driver-related factors can potentially cause and contribute to auto accidents as well.

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Hit-and-Run Auto Accidents in Florida

Each year in Florida, there are approximately 100,000 hit-and-run accidents. Along with New Mexico and Louisiana, Florida has the highest rates of fatal hit-and-run crashes. Nearly 25 percent of all crashes here involve a hit and run. As Crestview personal injury attorneys, we are experienced in helping our clients to maximize their recovery following an auto accident.  If you or a loved one has been the victim of a hit-and-run accident, you may be entitled money damages even if the driver who caused the crash has left the scene.  Moreover, Florida’s Stay at the Scene campaign aims to reduce the number of hit and run crashes by educating drivers on their responsibilities if involved in a crash and the serious consequences they face if they choose to leave the scene.

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Update on Florida’s Texting While Driving Bill

A bill that would make texting while driving a primary offense in Florida has passed in both the House and Senate, and now heads for the governor’s desk.  As Crestview personal injury lawyers, we have seen first-hand the dangers of distracted driving.  Families of crash victims have long-supported tougher laws for those who engage in the reckless behavior of texting behind the wheel and are applauding the new legislation.

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Can I File a PIP Claim if I Was Injured in a Motorcycle Accident in Florida?

When you get injured in a car accident in Florida, your first source of financial recovery is typically your own personal injury protection (PIP) policy. PIP provides no-fault coverage for medical expenses and lost wages up to your policy limit, which must be at least $10,000 under Florida law.

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Florida Ranks 44th in Road Safety, 40th Overall in NSC’s State of Safety Report

The National Safety Council (NSC) is a non-profit organization that is dedicated to, “eliminating preventable deaths at work, in homes and communities, and on the road through leadership, research, education and advocacy.” It publishes a variety of resources on its website, including its State of Safety report, which is a survey of the measures taken to promote road, home and community, and workplace safety in all 50 states.

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Seeking Financial Compensation After an Uber or Lyft Accident in Florida

As the ridesharing industry continues to grow, accidents involving Uber and Lyft vehicles are becoming increasingly common as well. According to Automotive News, there are now more than four million Uber and Lyft drivers nationwide, and late last year Business Insider reported that the introduction of ridesharing services in various cities has corresponded to a two to three-percent increase in fatal vehicle collisions.

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What Should I Do if I Was Injured in a Car Accident While on Vacation in Florida?

On average, there were 1,092 auto accidents in Florida every day during 2018. While most accidents involve local Florida residents who are on their way to work, on their way home or driving to pick up their kids or run errands, a significant percentage of accidents in Florida involve out-of-state drivers.

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What is Different About an Auto Accident Claim Involving a Commercial Vehicle?

In 2018, more than 10 percent of all auto accidents in Florida involved commercial vehicles. This includes accidents involving 18-wheelers and tractor trailers, as well as accidents involving smaller commercial trucks (such as trash trucks and utility trucks), delivery vans, and other vehicles used for business purposes.

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Stacking Your Auto Insurance Can Increase Your Financial Recovery After an Accident

When you get seriously injured in an accident in Florida and your personal injury protection (PIP) insurance does not provide full coverage for your losses, your next source of financial recovery is typically the at-fault driver’s bodily injury liability (BIL) insurance policy. But, what if the at-fault driver’s policy limits are not enough? Or, what if the driver who hit you is uninsured?

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Holiday Season Vehicle Collisions: Accident Risks, Accident Rates and Your Right to Compensation

As we discussed last year, the holiday season is one of the most-dangerous times of year for auto accidents in Florida. Various factors contribute to an increased rate of collisions during the months of November, December and January, with severe spikes in serious and fatal accidents occurring around the holidays. According to Edmunds.com:

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When is Someone Too Tired to Drive?

According to the National Sleep Foundation (NSF), nearly one in four adults in the United States say they personally know someone who has fallen asleep behind the wheel. The Centers for Disease Control and Prevention (CDC) estimate that one in 25 adult drivers self-reports falling asleep every 30 days, and that as many as 6,000 fatal accidents each year could be attributable to drowsy driving.

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What are My Rights if I Was Hit by Someone in a Rental Car in Florida?

Florida’s roads are filled with rental cars. Destin and other beach destinations along the panhandle’s coast host out-of-state visitors during all months of the year, and many of these visitors arrive by rental car via I-10 or US-98.

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Are You Entitled to Compensation? 10 Common Causes of Premises-Related Accidents

Under Florida’s law of premises liability, if you were injured at a business, at the beach or on someone else’s property, you may be entitled to financial compensation. This includes compensation for your medical expenses, loss of income, pain and suffering, and other losses. While we cannot assess your legal rights until we know the unique details of your particular case, the following are 10 examples of premises-related accidents for which financial compensation may be available:

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Motorcycle Crash Statistics from the Florida Department of Transportation (FDOT)

According to data from the Florida Department of Transportation (FDOT), serious and fatal motorcycle crashes have become much more common in recent years. While motorcycle accidents accounted for 8.2 percent of traffic-related deaths in 2001, according to the most-recent data available, this number now stands at 18.0 percent.

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Determining Liability in a Multi-Vehicle Accident

Determining liability in a multi-vehicle accident presents certain challenges that are not involved in “ordinary” two-car accidents. If another driver hit you and then you hit someone else, ensuring that you receive just compensation – and that you are not held partially responsible for the crash – will require a thorough investigation and experienced legal representation. In order to recover full compensation from the at-fault driver’s bodily injury liability (BIL) policy, you need proof that he or she was to blame; and, to avoid a rate hike in your insurance, you need conclusive evidence that there was nothing you could have done to avoid the collision.

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Are You Thinking about Accepting an Auto Insurance Settlement? Read This First

If you have been injured in an auto accident, receiving an insurance settlement can seem like the light at the end of the tunnel. But, before you accept, it is critical to ensure that you have a clear understanding of your rights under Florida law. You also need to understand the risks of accepting an insurance settlement, and you need to avoid making a short-sighted decision that could have drastic consequences for years to come.

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Report: Auto Accidents “Typical of Texting and Driving” are On the Rise in Florida

In February, the South Florida Sun Sentinel published a report in which it concluded that, “an analysis of 3 million crashes [indicates] that collisions typical of texting and driving are increasing at a staggering rate.” The report examined five types of accidents that are commonly associated with distracted driving, and found that the rates of certain types of accidents had increased by as much as 47 to 50 percent between 2013 and 2016.

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7 Facts About Your Personal Injury Claim After a Car Accident in Florida

If you have been injured in a car accident in Crestview or Fort Walton, what do you need to do first? Should you hire a lawyer? How do you know if the insurance company is offering a fair settlement for your personal injury claim?

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3 Types of Insurance Coverage for Auto Accident Victims in Florida

If you have been injured in an auto accident, recovering your medical expenses, lost wages and other losses will most likely involve dealing with one or more insurance companies. Under Florida’s “no-fault” insurance law, a claim for a minor injury will most likely be covered under your own Personal Injury Protection (PIP) policy.

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