You or a witness may have been able to provide identifying information to the police, who can then track down the driver. Some intersections in Escambia and Santa Rosa counties have cameras that can help if accessed quickly enough. If the driver is identified, you can file a claim with his or her insurance company. If, however, the driver isn’t located or is uninsured, you may have to file a claim under your uninsured motorist coverage to pay for medical bills and your collision coverage to help pay for damage to your vehicle.
In Florida, drivers are required to carry a minimum of $10,000 in personal injury protection and $10,000 in property damage coverage. Carrying additional insurance can help protect you in a hit-and-run situation. For more information about car insurance options, check out the Florida Bar’s consumer pamphlet, “Automobile Insurance” at https://www.floridabar.org/public/consumer/tip002/.
If you were injured in a hit-and-run accident in Northwest Florida and have questions about your options, contact our team of experienced Pensacola, FL car wreck attorneys at 850-760-2156.
]]>Before you request that ride, though, there are a few things to consider:
Before the app is turned on, the driver is just another driver, covered by the required personal car insurance. Only when drivers use their apps are they working as independent contractors for Uber and Lyft, which provide additional insurance coverage.
What if the driver offers to give you a ride without going through the app? The offer may seem enticing since you may need multiple rides while you are in town for business or on vacation. Having one driver may seem more convenient. Uber and Lyft, however, only provide additional coverage to drivers logged onto the app. If you are injured while a passenger in an Uber or Lyft, and the app is not turned on, Uber and Lyft will likely deny coverage for your injuries.
Overall, car accidents involving rideshare drivers are more complicated. Different levels of coverage exist for Uber/Lyft drivers waiting for a ride-request vs. picking up a passenger or driving with a passenger.
If you have been injured in a rideshare accident in Florida, contact the experienced Pensacola car accident attorneys at Phil Hall, P.A at 850-760-2156.
]]>For 50 years, from 1973 to 2023, Florida law followed the concept of “pure comparative fault.” In pure comparative fault jurisdictions, if a person injured in an automobile accident is partially at fault, their recovery is reduced by the proportion of fault they bear for the accident. For example, if a jury found that the injured person was 25% at fault for the accident and the other driver was 75% at fault, the injured person’s recovery was reduced by 25% (but they still recovered 75% of their losses). The proportion of fault assigned by the jury can range from 0% to 100% for either driver.
In 2023, the Florida legislature passed a new law, Fla. Stat. sec. 768.81(6), which changed Florida to a “modified comparative fault” jurisdiction, significantly impacting personal injury cases throughout the state. Since this new statute went into effect, a person found to be more than 50% at fault for the accident cannot recover any damages at all. Whereas a person found to be 51% at fault used to be able to recover 49% of their damages, now they may not recover anything. The defendant driver is now able to avoid any responsibility for the accident in that case.
Florida now has several new laws that have a large impact on how negligence cases are handled. Navigating this new legal landscape requires a thorough understanding of the law and the events leading to the accident. Attorneys must carefully gather evidence to support the plaintiff’s case while preemptively addressing any attempts by the insurance company and defense lawyer to shift blame onto the injured party. It is essential for plaintiffs to have skilled legal representation capable of building a robust case and countering any attempts to discredit their claims.
With over 40 years of combined experience handling personal injury cases, the attorneys at Phil Hall, P.A. are well positioned to provide the best service to their clients and ensure fair outcomes. From conducting thorough investigations and gathering compelling evidence, to leveraging negotiation tactics and, if necessary, litigating aggressively in court, we stand ready to help. If you are looking for an attorney who listens, give us a call.
]]>Every personal injury case is unique because every person is unique. The human element is just as important as legal expertise. Only by fostering open communication can a lawyer provide empathetic and effective representation. Only by coming to know the client’s personal situation can the lawyer tailor their legal strategy to the client’s specific needs and circumstances. By getting to know the client, good lawyers can identify key details and nuances that might otherwise be overlooked. They can ensure the client is informed every step of the way, alleviating anxiety about the process and allowing the client to make informed decisions. The client comes to truly trust the attorney.
Clients of large state-wide and national law firms often find themselves unable to communicate effectively with their lawyer. Getting through to the lawyer handling their case may be almost impossible. Calls, voicemails and emails go unanswered, forcing the client to try again and again to get through. Their lawyer may be handling hundreds of cases at the same time, making it impossible for them to respond timely or to truly understand all the client’s needs. Building trust is very difficult in these situations.
If you’ve been injured by someone else’s negligence, you deserve compassionate representation by a lawyer who truly knows you. At Phil Hall, P.A., our attorneys sit down with the client at the beginning of the case and communicate regularly with the client to ensure that we have the full picture of your case. If you are looking for an attorney who listens, give us a call. The attorneys at Phil Hall, P.A. are ready to help.
Patrick S. Martin
Of Counsel
Board-certified Civil Trial Specialist
While it may not be the first thing on people’s minds while they are driving, every time people drive their vehicles, there is a possibility that they will be involved in an accident. This is true even for the safest drivers on the road. This is because people cannot control the other drivers on the road. While people hope it never happens to them, it is important to know what to do after one is involved in one.
Many of these actions depend on the severity of the accident and the condition people find themselves in after the accident, but below are actions that will help people in the aftermath of a car accident.
Many people in the Pensacola area are injured in motor vehicle accidents that were not their fault. The damages can be extensive, but people in this situation may be able to receive compensation for the damages. Experienced attorneys understand how devastating the accidents can be and may be able to help one through the process. Contact us today to schedule a free consultation.
]]>It’s vital to gather information. The following checklist will help you make sure you have what you need for your claim:
As you wait for law enforcement, you may find it helpful to take notes on a smart phone or even a scratch piece of paper, describing how the accident occurred, the cross streets and landmarks to help explain the location of the accident, and how you are feeling after the car accident.
Collecting this information will help you recall the details of the accident and can strengthen your car accident claim in Florida.
Contact us today to schedule a free consultation.
]]>Although a waiting period is to be expected when filing a claim, an unnecessary delay can exacerbate the challenges the worker and their family will face. Those who have a workplace plan are protected by the Employee Retirement Income Security Act of 1974.
Still, after a claim, people who believe the delay is beyond that which is reasonable should know how to ensure they get that decision in a timely manner. If the claim is denied, they must also be aware of what options are available to them.
Once a person has ensured they are eligible to receive benefits, they must file the claim. Under ERISA, there are limits as to how long it takes to conduct an evaluation and decide. The decision is expected to be made in a “reasonable” time-frame. In general, the decision must be made within 45 days from when the claim is received. Despite that, there are situations in which it takes longer.
The insurance company might say it needs more time to conduct its review. This is allowable if the claimant is informed within the 45-day window; there is an explanation as to why this is the case; there is no request for more information; and the person is told when they can expect the decision. It can be extended for up to 30 days. It can also ask for more information in this context and this too will warrant an extra 30 days to make the decision.
After the first review, the plan can ask for another extension before deciding on whether to approve or deny the claim. The person must be told prior to the expiration of the first extension. Then the case can be extended for another 30 days. If they ask for more information, the person will have 45 days to provide it and this too will extend it for 30 days. In some cases, the plan will ask for still more time to make its decision. It cannot delay the decision any longer unless the person approves the extension.
After a denial, the person must be notified with a clear explanation as to the basis for the denial. The plan might even deny the claim if a medical professional or vocational expert who examined the person and provided treatment stated it was appropriate to approve the claim.
Each plan has provisions, rules, guidelines and more that the person should be cognizant of beforehand as these could be used to justify the denial. After a denial, knowing how to lodge an appeal is critical.
The objective of having long-term disability insurance is to be prepared. However, those who are vigilant and have insurance to mitigate the possibility of an accident, illness, condition, injuries and cognitive issues might be surprised to see a delay in the decision. This will be made worst if it is subsequently denied.
Simply because there is a delay does not automatically indicate there will be a denial. Despite that, it is wise to be prepared by knowing the parameters of a claim, when the plan can ask for extensions, what the plan specifically says and what can be done after a denial. It may be necessary to fight for the benefits. There are various avenues available to make sure there is a fair determination.
]]>Not every medical error, however, constitutes medical malpractice. These cases are complex, requiring extensive knowledge in both medical practices and procedures and extensive experience in this area of practice.
According to the American Bar Association, medical malpractice is defined as “negligence committed by a professional health care provider—a doctor, nurse, dentist, technician or hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.”
Each claim must also meet strict standards: there must be a violation of the standard of care, a serious injury caused by a negligent act or omission, and an injury resulting in significant damages.
Because of the complexity of medical malpractice cases and the short statute of limitations in Florida for these claims, it is important to contact a medical malpractice attorney early.
Phil Hall is a Pensacola personal injury attorney with over 20 years of experience in handling medical malpractice cases. Call for your free consultation or visit https:// www. askalawyerfirst.com/ help-for-personal-injury-victims/ medical-malpractice/ for more information.
]]>When you meet with your doctor, your doctor may recommend certain tests, treatments, and procedures to address the symptoms you are experiencing.
As a licensed physician, your doctor is legally obligated to provide you with all the information necessary for you to make an informed decision about your health care.
Once the physician has provided you with the information required, they will have to obtain your informed consent before beginning a medical procedure.
Doctors in Florida are generally required to:
If the patient is incapacitated and unable to make a decision or may require immediate treatment. In such cases, a physician may begin treatment even if the patient has not given their informed consent.
However, physicians are required to provide the patient and/or their surrogate of the treatment administered and seek consent for ongoing treatment as soon as possible.
If your doctor performed a procedure without your consent or failed to provide all the necessary information before obtaining your consent, and you would not have agreed to treatment if you had known this additional information, you may have a valid claim for medical malpractice.
]]>In our area, pedestrian safety continues to be a top concern. So far this year from January 1, 2023, to July 27, 2023, in Escambia and Santa Rosa counties, there have been 12 pedestrian fatalities. Last year the total for all of 2022 was 16.
For tips on how to prevent pedestrian accidents, visit our blog article, “Preventing Pedestrian Accidents: Tips for Sharing the Road” at https://www.askalawyerfirst.com/blog/2023/01/preventing-pedestrian-accidents-tips-for-sharing-the-road/. Both drivers and pedestrians can work to together to make Northwest Florida safer for everyone.
Sources:
https://www.ghsa.org/resources/Pedestrians23
https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
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