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Settling your accident case early could lead to regret.

So many times I’ve heard people say that, within one or two days after they were involved in a car accident, the insurance company for the negligent driver offered to fix their car plus give them a small sum of money (like $1,000, or something similar). A few of those poor folks took the bait and signed a release of all claims only to later find out that the pain in their back since the accident was a ruptured or herniated disk. Or that the pain in their shoulder is a rotator cuff tear from the seatbelt. Many times, pain from injuries in a car accident doesn’t become apparent for 48 hours or more. In these economic times, some people are desperate for money and will jump at the chance to get some cash as soon as possible after a car accident. BIG MISTAKE. No insurance company will give you money for your injuries without having you sign a release of all claims against the other driver. A word to the wise: Don’t sign anything or agree to accept the adjuster’s offer until after you have met with a lawyer so the lawyer can advise you of your legal rights. Personal injury attorneys don’t charge for the initial conference. Before you even talk to the insurance company, take the time to consult with an attorney.

Summer Childhood Injuries

The kids are out of school and they have a lot of time on their hands and less supervision. This means more scrapes, bumps, bruises and other injuries from increased outdoor activities. With the extra time, kids are skate boarding, scooter riding, swimming, boating, camping, bike riding and participating in other outdoor sports.  The National Center for Health’s Statistics show that deaths among children increase by as much as 45% during the summer.

One of the things that can be done to help prevent your child from being injured is to make sure that your child has the proper safety equipment, such as a helmet, knee pads and elbow pads for skating and riding, and a life jacket for swimming and boating. Also, it is important that your child stay hydrated if they are participating in outdoor sports during these hot Florida months. We too often hear of a child losing their life simply because of the heat.

We all know it is hot, and the kids want to cool off in the pool. Unfortunately, it seems that each week so far this summer, I have heard of one or two children drowning in their backyard pools. Make sure that your pool is secured! A combination of pool alarms, pool fences and simply locking the doors (with childproof locks) that lead to your pool can save a child’s life. 

Also, with families going on vacation during the summer, there are many more cars on the road and many more car accidents resulting in injuries. Make sure your child wears their seatbelt and sits in the backseat! Kids can be sneaky and take their seatbelts off without you evening knowing because as you know the seatbelts can be uncomfortable on long car rides.  I have too many clients whose children have been injured in a car accident because they weren’t wearing their seatbelts and the parents didn’t even know.  Please also check out my previous blog discussing child car safety seats for more information about the proper use of car seats.

Kids just want to have fun, and they will have more fun this summer if they aren’t injured! Hope you and your family have a wonderful and injury free summer!

The Rain is here . . .

After quite a long drought, the summer rains are finally here Florida. This means that there will be an increase in car accidents caused by the rain and an increase in accident related injuries. Not only does water on asphalt decrease a tire’s traction to the road, a driver also can find it difficult to see through the rain. One of the first things you can do to help prevent being involved in a car accident because of rain, is to make sure that your car’s tires, windshield wipers and brakes are in good condition. Here are some other tips when driving in the rain:

- Drive slow to take the weather conditions into account

- Keep both hands on the wheel

- Give yourself enough space between your car and the car in front of yours so that you can brake slowly to avoid hydroplaning

- After you drive through a puddle, tap your brakes slowly to remove the water

- Make sure your headlights are on so that other driver’s can see you

- If you don’t want to be one of those people who has to abandon their car in water that is up to its doors, avoid driving through waters if you do not know the depth of the water.

- Don’t drive in running water that could sweep your car away

- Be particularly careful during the first few hours of a rain storm if it has been quite a while since the last rain. All of the oil and grease deposited by cars on the road can cause the road to be slippery during the beginning of a rain storm or during light rain

Also, sometimes underneath large puddles or areas of standing water there are deep and large pot holes that you can’t see. Driving into a deep and large pothole can cause you personal injuries and property damage to your car.

Finally, If you find that you cannot see well enough to drive safely, pull over at a safe location until the rain eases and you can continue driving safely.

They tell me it is just a “soft tissue injury,” but I am in pain.

Within the hours and days following a car or fall down accident, you may begin to feel pain and soreness in your neck, back and shoulders. You may go to the hospital or your family physician for treatment and find that x-rays taken of your neck and back appear to be normal. If your x-rays are normal, why are you feeling pain? It may be because you have what are called "soft tissue injuries." A soft tissue injury is an injury to your muscles, tendons and/or ligaments. Whiplash is a type of a soft tissue injury to your neck, and sometimes soft tissue injuries are also referred to as strains or sprains of your neck or back. These injuries do not appear in x-rays, and you may need to obtain an MRI scan or CT scan to determine if you have damaged these soft tissues as a result of your fall down or car accident.

An impact from a fall or car accident can cause your muscles, tendons and ligaments to tear and stretch which can cause you a significant amount of pain. Your pain can also increase if you stand or sit for long periods of time or just by participating in your daily activities. If you are experiencing this type of pain following an accident, you should seek treatment for these injuries. Many primary care physicians do not treat soft tissue injuries or car crash victims. It is important to treat for soft tissue injuries with those doctors who are most familiar with the types of injuries people sustain in accidents as well as the most effective treatments and diagnostic tests for those injuries. Most likely you will need to seek treatment for your injuries from a chiropractor, physical therapist, or massage therapist, in addition to a neurologist or orthopedic physician if you require pain medication or anti-inflammatory medication. You will also need to hire a personal injury lawyer to represent you because often an insurance adjuster will try to minimize your pain and injuries and pay you only a small fraction of what your case is worth.

My insurance company won’t pay my medical bills after I was involved in a hit and run car accident. What do I do?

First, if you were involved in a hit and run accident, or even if another vehicle didn’t contact your car but ran you off the road and caused you to crash, you should immediately call the police from the scene of the accident. If you were injured, you are clearly entitled to have your medical bills covered by your no-fault insurance. You may also be entitled to recover for your unpaid and future medical bills, unpaid and future lost income (due to your injuries) and pain and suffering damages if you have uninsured/ underinsured motorist ("UM") coverage. This is important coverage to have on your auto policy, but it is not required by law. If your UM carrier gives you a hard time or attempts to deny that the accident involved another vehicle, which is generally called a phantom vehicle, you need to get a lawyer. Under Florida law, even if the phantom vehicle did not make physical contact with your car, you may still have a case. Also, keep a disposable camera in your car so you can take pictures immediately after a crash. If you don’t have UM coverage on your policy, call your agent and buy the insurance if you can afford it in the event of a future accident.

What should I do if I have been in a car accident?

Once you are in a car accident please consider hiring an attorney to represent you as soon as possible to advise you of your rights and the steps you should take. The period of time immediately following a car accident can be confusing, frustrating and scary. It is during this time that many car accident victims make the most mistakes when dealing with their own insurance company and the insurance company for the negligent driver. Here are some dos and don’ts for the period of time between the car accident and when you meet with an attorney to learn about your legal rights:

*Don’t give a recorded statement to your insurance company before speaking to an attorney.

*Don’t give a statement, recorded or unrecorded, to the negligent driver's insurance company.

*Do not sign a release or accept any money from the negligent party's insurance company before you have had your claim evaluated by an attorney. The negligent party's insurance company may try to convince you to sign a release in exchange for a small amount of money that will be only a fraction of the value of your damages. If you release the insurance company and the negligent party, you will not be able to get any additional money should you have additional bills or need more money in the future, and the release may also affect your right to health insurance and other future benefits.

*Don’t rely upon your insurance company to take photographs of your damaged car. Most of the time your insurance company will not share those photographs with you or your lawyer. So, you should take your own photographs of your car and if possible, the negligent driver’s car.

I wish you all safe travels!

Who pays for my medical bills and pain and suffering if I am in a car accident?

If you are injured in a car accident, you are entitled to compensation for your medical bills and loss of income or earning capacity, as well as compensation for your pain and suffering. Florida is a "no fault" state which means that regardless of who caused the accident, your own personal injury protection insurance (PIP) will pay for the first $10,000 of your medical bills and lost wages. PIP will pay for 80% of your medical bills and 60% of your lost wages until the $10,000 of coverage has been paid. This is true for individuals who have the standard PIP coverage, but some people may have more than $10,000 of PIP, and some may have a deductible. What your PIP covers will depend upon what type of PIP coverage you have. The negligent driver who caused the accident will be responsible for your medical bills and lost wages that exceed your PIP benefits, as well as compensation for your pain and suffering, future medical bills, future lost wages, and future pain and suffering.

Florida does not require motorists to have bodily injury liability (BI) coverage. If the negligent driver does not have BI coverage or does not have enough BI coverage to compensate you for your damages, hopefully, you have purchased uninsured/underinsured motorist coverage (UM/UIM) as part of your car insurance policy. If you have UM/UIM coverage, such coverage will compensate you for your money damages and pain and suffering. If the negligent driver does not have BI and you do not have UM/UIM, the negligent driver is still personally responsible to pay you for your damages. Generally, most personal injury law firms will decline to represent clients injured in accidents when the negligent driver/car owner has no BI insurance coverage and if the injured client has no UM/UIM coverage. That is because it is very likely that in the absence of such BI coverage, the uninsured driver/car owner is uncollectible. As we discussed in our previous entry "What do you mean, I don’t have full coverage??", UM/UIM coverage is extremely important!

Motorcycle Sales Are Up!

It’s a fact that more motorcycles are being purchased every day and sales are increasing each year. In today’s economy, some folks are forced to buy a motorcycle because they can’t afford a car. Others are buying motorcycles because they are just plain fun to ride. Unfortunately, motorcycle fatalities have likewise increased each year. I can’t begin to tell you have many times I have seen people with serious injuries from motorcycle accidents (as well as family members whose loved one is a motorcycle fatality), where there was limited insurance or no insurance to cover the massive medical bills incurred by the injured motorcycle rider. In most of these cases, the motorcyclist was rear-ended by a car or hit by a car or truck running a stop sign or red light. If you have a motorcycle or are going to buy one, make sure you have adequate insurance to cover you for medical expenses and loss of income if you should be in an accident. Your auto policy on your car or truck will not cover you unless you have an endorsement to cover the motorcycle. You can also have a separate policy for the motorcycle. Whatever you do, make certain that your policy limits are sufficient to cover your medical expenses. Also, make sure that you have UNINSURED-UNDERINSURED motorist coverage on the motorcycle policy because there are way too many people driving vehicles on the road that are not covered by liability insurance. Oh, one more thing, if you are going to be a passenger on a motorcycle, think twice, because if you are hurt, there may be no insurance available to cover you if there is a crash.

What do you mean, I get nothing for my damaged car?

On occasion, I meet with a client who has been injured in an accident and their car, truck or SUV has been damaged beyond repair. Some of these folks did not have what is known as "collision coverage" on their vehicle. This optional insurance covers the repair of your vehicle when it is damaged in an accident, regardless of who was at fault. You need this insurance because the other guy who causes the accident may be driving without property damage insurance that would otherwise cover the repair or replacement of your damaged vehicle. Unfortunately, many people do not purchase collision coverage because they want to save money on their monthly insurance premium. Then, when the vehicle is damaged in an accident, they are either out of pocket on the repairs or they are figuring out a way to buy a replacement vehicle. Moral of the story, get collision coverage.

Proper Use of Child Car Safety Seats

In the first issue of Roman & Roman’s first newsletter, The Roman Counselor, we gave tips regarding the use of car safety seats for children. After the news of the death of a local 3 month old infant last week as a result of a car accident, I feel compelled to repeat those tips in this blog. Thousands of children are killed or injured in car crashes each year. Many of these deaths and injuries may be prevented by the proper use of a child car safety seat. Below are some helpful tips for the use of child car safety seats from the American Academy of Pediatrics:

• Always place your baby in car safety seat

• Never place a child in a rear-facing car safety seat in the front seat of a vehicle that has a passenger air bag

• All children younger than 13 years are safest in the back seat

• Always wear your seat belt and be a good role model to your children

• Make sure that you read the instructions for your safety seat as all seats are different

• All infants should ride in rear facing car seats until they are at least one year old and weigh at least twenty pounds

• Travel vests can be used for a child who has outgrown his harnessed seat but is not ready for a booster seat

• An adult seatbelt normally does not fit a child until that child reaches 4’9" in height and is between 8 and 12 years of age.

For additional safety information for the use of car safety seats check out the website for the American Association of Pediatrics www.aap.org.