It is very unlikely that an uninsured or underinsured driver has sufficient funds to compensate you personally. It is therefore crucial that you obtain sufficient coverage of your own in case there is an accident.

Limits of Florida no-fault (PIP) coverage

Florida law does not obligate you to purchase uninsured motorist coverage (UMC). Many insureds choose not to purchase UMC, because they incorrectly believe that their personal injury protection (PIP) covers all of their damages. Many car accidents cause grave injuries that necessitate expensive medical treatments exceeding the $10,000 PIP coverage for serious injuries requiring emergency medical treatment.

Protections of uninsured motorist coverage

Florida obligates your insurance company to offer you the option of UMC. UMC may be beneficial for the following reasons:

• It covers lost wages and medical expenses not covered by your PIP and health insurance.
• It travels with you — you are covered if you are injured as a pedestrian or on your bicycle.
• It covers injured family members.
• It provides protection if you are injured by a hit-and- run motorist.
• It offers protection against “phantom” motorists who made no contact with your vehicle but caused your accident through their actions.

With many Floridians still affected by the recession, more and more drivers are reducing or dropping their basic auto insurance altogether. Consider supplementing your PIP coverage with UMC for your own protection.

If your insurance compensation is insufficient to cover your damages for personal injuries, you     may require an aggressive Florida accident attorney to help you obtain compensation.

An overview of the mediation process

In mediation, plaintiffs can tell their versions of events, without the formalities and time restrictions characteristic of a trial. Due to the more relaxed structure, mediation is for the most part highly successful in resolving disputes. Mediators are neutral third parties who do not render decisions as judges do. Rather, mediators encourage the parties to work out their own solutions.

Mediation is an established process in which a trained facilitator works with both parties together and individually. Usually, the parties meet collectively to go over their issues and in some cases move to separate rooms, with the mediator shuttling back and forth between them. In other cases, the entire mediation takes place in one room, with one party or the other stepping outside for a brief period of time. In addition to the parties’ readiness to work together, the process’ success depends on how experienced the mediator is in fostering settlements and how willing the parties are to work out an agreement without court intervention.

Tips for a successful mediation

Consider the following:

• Allocate some time. Achieving settlement takes much less time than litigation, but it requires flexibility and patience.
• Get your mediator to trust you. If you are straight with your mediator, the mediator will better transmit the advantages of assenting to your position.
• Facilitate settlement by sharing information. Mediation is not meant to provide discovery to the other side, but an exchange of information can facilitate a mediation agreement.
• Be amenable to negotiating. Be flexible and make sure that your attorney knows your boundaries.

You are bound by the terms of your mediation agreement if every party agrees in writing to settle. If you cannot agree on a settlement, you may have your case tried in court.

Plaintiffs in the Clearwater area increase their chances of receiving just compensation by hiring a Florida lawyer experienced in personal injury mediation who can guide you throughout the process and review any agreement reached.

Florida comparative negligence

In Florida, your negligence — your failure to be careful under the circumstances — can diminish proportionately the amount of damages you can collect for your injuries. For example, if you back-end someone because they cut in front of you and failed to maintain sufficient speed, that driver may have collect reduced damages. Under Florida’s pure comparative fault system, even a party 90 percent at fault in a crash may be able to recover 10 percent of the losses. In this case, the other party who was 10 percent at fault may claim 90 percent of the losses.

Damages in a rear-end collision

If you are the victim of another person’s negligence in a rear-end collision, you may be able to obtain the following compensation:

• Expenses for replacing or repairing your vehicle
• Medical expenses for present and future treatment
• Lost earning capacity
• Pain and suffering
• Mental anguish
• Punitive damages from defendants who acted in a reckless manner

To successfully obtain adequate compensation, it helps to retain a Florida attorney with extensive experience representing injured drivers in court and in insurance claims negotiations.

Why Central Florida is so pedestrian-unfriendly

Florida’s rapid and vast development was designed with automobiles in mind. Vehicles travel on large thoroughfares that were constructed to enable drivers to travel to and from widespread suburban enclaves. On a long “superblock,” a driver may travel at an exceptionally high speed. In addition, bus stops, placed between intersections on long roads, are often far from crosswalks and streetlights. As a result, many bus passengers are forced to cross highways, are not visible to cars and are therefore at a higher risk of being hit.

Pedestrian compensation

If you are injured, you have insurance coverage options:

• Florida insurance laws compel every driver to carry a minimal amount of coverage, which should cover 60 percent of your lost wages and 80 percent of your medical expenses, up to a maximum of $10,000 for severe injuries.
• If you have personal injury protection (PIP) coverage for a motor vehicle you own, your own policy covers your pedestrian accidents.
• If you do not have a car, but you reside with a relative who does, your relative’s policy covers you. If there is no policy to cover you, you can seek compensation from the driver’s PIP coverage.

These levels of compensation are obviously insufficient to cover all your expenses in the event of an accident. Given the potential catastrophic injuries involved in pedestrian accidents and the associated medical costs, injured pedestrians often commence a personal injury lawsuit to receive full compensation for their injuries.

Work with a Florida attorney who is known for his experience in effectively representing Central Florida pedestrians injured by motor vehicles.

Unfortunately, while there is money available to compensate asbestos victims in many cases, the battle to get the compensation you deserve will not be easy. You should not give up, but you should understand the issues that are likely to arise if you decide to file.

The most common issues faced by victims of asbestos

If you want to recover damages, you may be faced with any or all of these issues:

• Most people show symptoms of asbestos-related illnesses 20 to 50 years after being exposed. It may be difficult, if not impossible, to remember the names of all your former employers and worksites.

• There is a chance that the company that caused your illness has gone out of business. Even if it has, in some cases, you should still be able to collect damages.

• Some of the conditions that can result from asbestos exposure, such as colorectal cancer, can have multiple causes, and it is difficult to know how much of your risk was due to asbestos exposure and how much may be due to other things like diet and heredity.

• While particular conditions, such as lung disease, have a clear link to asbestos exposure, the defendants will argue that other factors, such as smoking, are responsible for your current condition.

If you have a medical condition that is often caused by asbestos exposure, such as colorectal or lung cancer or mesothelioma, you should contact a Florida attorney with experience in helping asbestos exposure victims. The longer you wait, the greater the chances are that you will be unable to trace it to the company or that the business will still have the money to pay your claim.

What compensation is involved in a wrongful death lawsuit?

In a wrongful death lawsuit, surviving relatives can sue individuals or corporations for their roles in causing their relative’s death. Under Florida law, there are specific rules concerning who is eligible for compensation. As a general rule, surviving spouses, children and parents may obtain compensation. However, if the deceased has a surviving spouse, the deceased’s adult children over age 25 cannot obtain damages. If the victim left behind a spouse and/or children under the age of 25, the deceased’s parents cannot get compensation.

A family’s potential emotional and financial losses include:

• Financial support the deceased would have provided
• Burial and funeral expenses
• Loss of companionship and marital relations
• Mental anguish
• Loss of parental instruction for children under 25
• Punitive damages (in limited circumstances)

Survivors have to file a wrongful death lawsuit within two years of the deceased’s death to be eligible for compensation.

For more than 25 years, we have provided personal service to Tampa and Clearwater families pursuing fair compensation for the death of a loved one.