Accidents are deeply traumatic events. Aside from the physical pain you've sustained, you now must battle with the insurance company. With medical bills beginning to pile up, time lost from work, and the stress of it all weighing on your shoulders, you cannot be reasonably expected to handle your case to start to finish alone. But, it's not just the mental toll of a case that a trusted personal injury lawyer can relieve.
While your PIP benefits will cover up to your first $10,000 in damages, it will only compensate 60% of lost wages and 80% of medical bills. If you've sustained serious injuries, you know that coverage will not make enough of a dent in your past and future medical bills, time missed from work, and pain and suffering. A personal injury attorney will be able to help you to calculate a monetary amount for your damages to bring to the insurance company.
More often than not, the insurance company will put their own interests first, offering you minimal compensation or even moving to dismiss your case based on their findings. A trusted auto accident attorney can anticipate arguments and tactics used by the insurance company, and can use their extensive background in personal injury litigation to provide your case with a strong argument. A personal injury attorney will work day and night to protect your right to fair compensation.

The process begins with documenting the damage, including taking photographs and gathering any relevant evidence. Next, you would contact your insurance company to report the incident and submit the claim. It's advisable to consult with a lawyer to ensure that all necessary steps are taken and that your rights are protected throughout the process.

Damages can include the cost of repairs or replacement of the damaged property, loss of use of the property, and sometimes even emotional distress caused by the incident. The specific damages claimed will depend on the circumstances of each case.

In the State of Florida, you have to file an insurance claim within four years of the damage. However, the deadline could be extended depending on when the damage was detected.

Every situation is different, so even if you were partially at fault, you might still be able to recover some damages. Your best bet is to consult with a lawyer about your claim to understand your rights.

A lawyer can guide you through the process of filing a claim, negotiate with insurance companies on your behalf, and represent you in court if necessary. They can also help ensure that you receive fair compensation for your damages.

Our property damage representation is entirely contingent on our success. If we don't recover money from the insurance company, you won't pay a dime.

You should gather as much evidence as possible, including photographs of the damage, repair estimates, receipts for any related expenses, and other documentation supporting your claim. A lawyer can advise you on what specific information will be most helpful for your case.

Injuries Involving Significant/Permanent Loss Of An Important Bodily Function

The more severe your injury is, the higher your compensation is likely to be. These injuries can include loss of motion or function in an extremity, loss of hearing, and more. How much the damage will affect you in your daily life moving forward is also part of the consideration. For example, if it will affect your employment or role as a caretaker.

Injuries Considered Permanent Within A Reasonable Degree Of Medical Probability

An injury that is considered permanent within a reasonable degree of medical probability means that while you can make a full recovery, doctors advise that it is unlikely. These injuries are taken particularly seriously in a personal injury case. If you sustain chronic impairment as the result of another’s negligence, seek justice with the help of a personal injury lawyer near me today.

Injuries Involving Significant/Permanent Scarring Or Physical Disfigurement

You may have an injury that does not impair you physically, yet results in significant scarring or disfigurement. This is often seen in the case of burns and animal attacks, though it may result from any accident. This type of injury can cause psychological trauma, for which you are most likely entitled to compensation.

Death

When death occurs following an accident, it is a tragic event that is incredibly challenging for loved ones. Whether it was the result of a drunk driving accident, medical malpractice, or otherwise, you can seek significant compensation in a personal injury case when suing for wrongful death.

There are many elements of a personal injury case that can affect your settlement. The lawyers at the Weinstein Legal Team examine each of them carefully to ensure you get the largest settlement possible. Below is a list of several circumstances that can help determine the amount you will receive in a personal injury settlement.

Elements Of A Personal Injury Case

In order for a personal injury case in Florida to be viable, it must meet the following four legal standards:

Duty Of Care

In order to have a case, the defendant must have a legal duty of care to the plaintiff. For example, a driver has a legal duty of care to all other drivers. The proprietor of a business has a legal duty of care for the safety of individuals entering their business.

Failure To Exercise Reasonable Care

Once the duty of care has been established, the plaintiff must be able to demonstrate that the defendant breached it. For example, that the driver was careless or that a doctor deviated from sound medical practices.

Causation

The third element of a personal injury case is to show that the defendant’s failure to exercise due care resulted in the accident in question. For instance, a driver running a red light who hits another vehicle caused that accident.

Damages Suffered

The state of Florida allows for economic, non-economic, and punitive damages. Economic damages include tangible costs, such as medical bills, lost wages, etc. Non-economic damages are physical pain and suffering, mental anguish, and trauma. Punitive damages do not have to be established as a necessary element. Rather, they are awarded after the fact to further punish the defendant for egregious negligence or willful actions.

Our attorneys at Weinstein Legal will review your case during the initial free consultation to determine whether all four elements are present. Call today to speak with one of our personal injury attorneys.

The moments after an accident are crucial to both your safety and your recovery. By following these steps, you can help to protect your safety and preserve valuable evidence for your legal case:

Get To A Position Of Safety

Before you take any other action, it’s essential that you preserve your safety. That often means remaining where you are, but if you aren’t physically safe, go to a place where you are.

Check On Injuries

Assess your physical condition and the welfare of others who may have been hurt in the same accident. For instance, if you’re in a car accident, check on your passengers and others who were involved in the accident.

Call 911

When you call 911, the dispatcher will want to know your location, the nature of your emergency, the type of injuries involved, and additional information. Try to remain calm and provide the information that you are able to.

Take Images Or Video With Your Cellphone

For personal injury cases, one of the biggest advantages of the modern age is the ability to preserve accident scene evidence immediately. From a position of safety, take pictures or video of property damage, injuries, debris, the scene as a whole, and any signs or geographic identifying information.

Gather Witness Information

Witnesses often leave after they are sure that accident victims are no longer in peril. Ask witnesses to wait until first responders arrive or ask them for their contact information. Make sure to preserve this information for your attorney and your case.

Allow EMTs To Examine You

If rescue units have been dispatched, allow them to examine you. If they recommend that you go to the hospital, follow their advice. Be sure to follow up with your own doctor. This will establish a baseline for your injuries.

Call the Weinstein Legal Team

Before you file a claim with your insurance company or speak to an adjuster from the at-fault party’s insurer, contact Weinstein Legal to speak with our team of personal injury attorneys. Attorneys at Weinstein Legal can begin representing you immediately and can help you avoid some of the common missteps that accident victims often make. Call now for a free consultation.

When arrested for a DUI, you will be involved in two proceedings: Criminal (Court) and Civil (DMV).

You need to request a DMV hearing to determine if your license should be suspended if your BAC was at least 0.08% or you were driving while under the influence. For drivers under 21, the BAC limit is 0.01% and for commercial drivers, it is 0.04%. If you don’t request a DMV hearing in time, your license will be suspended automatically.

Our Florida DUI lawyers from Weinstein Legal can represent you at this hearing and challenge any probable cause assertions to stop and arrest you, as well as the results of any breath or blood test.

Aggravating circumstances include: driving at least 20 mph over the limit; the presence of a child 14 or under in your car; if your BAC was 0.15% or greater; if you injured or killed someone in an accident; if you damaged someone’s property; if you left the scene of an accident; or if you have multiple prior DUI charges.

If there are aggravating circumstances in your case, you could face jail time or state prison time.

Also, you could lose your driver’s license for more than a year without the opportunity for a restricted license.

A first-time DUI can cost you $10,000 or more in legal fees, fines, court and DMV costs and increased insurance costs. Consult with a DUI lawyer from the Weinstein Legal Team.

Under Florida law, there are mandatory minimum penalties that must be imposed should you be convicted of a DUI charge. Based on your prior criminal history, the charges in the current case, and if there are any aggravating factors, the mandatory penalties differ.

Consider what a first time DUI conviction entails:

• Possible jail time of 2 to 4 days (or community service in some cases).
• Jail or state prison time if you had an accident that injured or killed someone.
• Fine of $500 to $5,000.
• License suspension from 6 months to lifetime.
• Installation of ignition interlock device or SCRAM monitor on your ankle.
• Mandatory participation in a 3-month DUI class (or 9 months if testing was refused or aggravating circumstances were present).
• Probation for at least 6 months.
• Requirement to have expensive insurance called FR-44

• You do not have to do field sobriety tests
• You do not have to provide a breath sample; however, if you don’t, you could face increased license suspension and potentially additional criminal charges
• You don’t have to speak to the officers about anything other than your biographical and contact information
• Don’t provide evidence to the police
• Provide your name, registration, insurance, and be respectful

Florida law stipulates that drivers are considered to be driving under the influence if they have a BAC of 0.08% or higher. Commercial drivers have a lower limit of 0.04%, and drivers under the age of 21, the legal drinking age, have a limit of only 0.02%.

An officer’s observations can lead to DUI charges based on perceived impairment, even if your BAC is below the legal limit. These observations may include erratic driving, slurred speech, or failed field sobriety tests. A DUI defense lawyer can scrutinize the subjective nature of these observations and field tests, often challenging their reliability and the officer's interpretations in court.

A first-time DUI conviction in Florida can result in a variety of penalties, including fines, license suspension, vehicle impoundment, community service, DUI school, probation, and even jail time. The severity of the consequences depends on the specifics of the case, such as BAC levels and the presence of minors in the vehicle. In some cases, an experienced DUI lawyer can negotiate or argue on your behalf to minimize these penalties to reckless driving.

Refusing a breathalyzer test can lead to an automatic suspension of your driving privileges due to Florida’s implied consent laws. However, refusal can also prevent the prosecution from obtaining potentially incriminating BAC evidence against you. One of our DUI lawyers can explain the potential consequences and strategies following a refusal, possibly using the lack of chemical evidence as a part of your defense strategy.

Yes, a DUI charge can have severe implications for professional licenses and immigration status. For instance, healthcare workers, lawyers, and real estate agents may face disciplinary actions from licensing boards, and non-citizens may encounter immigration issues like visa denials or deportation. Your best option is to speak with a DUI attorney about your charges so that they can provide the best guidance.