Florida Car Accident Lawyers Blog

"I was hurt in an accident but I can't afford to hire a lawyer!"

Wed, 16 May 2012 12:06:01 -0500

One of the benefits of being a personal injury client of Attorneys Jo Ann Hoffman and Vance B. Moore, P.A. is that we don't charge you an hourly rate for working on your case. Instead, our fee is taken from the total amount we obtain for you, the client.

Attorneys Jo Ann Hoffman and Vance B. Moore, P.A., takes car accident cases on a contingency fee basis. What that means is that we work hard on your behalf dealing with insurance adjusters and doctor's offices to help you get the money you deserve. For our work, will take 33 1/3% (or 40% once the defendant files an answer in court) of any settlement or judgment amount as our fee at the conclusion of your case.

We provide you as required by the Florida Rules of Professional Conduct with a copy of the signed, contingency fee agreement and we also provide a statement of client's rights. The contingency fee agreement authorizes the attorney/client relationship. All of our documents are available online so you can read them at your leisure.

If you or a family member has been involved in an accident, please call Attorneys Jo Ann Hoffman and Vance B. Moore, P.A. for a free consultation. We look forward to hearing from you and helping you.

Posting Damaging Information Online Will Hurt Your Case!

Fri, 11 May 2012 11:46:09 -0500

There are many hazards involved with putting personal information online while pursuing a personal injury lawsuit.

Many social networking sites such as Facebook allow people to customize their privacy settings so that unwanted people cannot view your personal information or postings. This gives people a false sense of security that what they say and do is protected which is unfortunately not true.

In a recent personal injury lawsuit, a judge ordered that the defendant was allowed to view the private Facebook and MySpace postings of the plaintiff. The plaintiff claimed that she was injured after falling off a chair at the office furniture company, Steelcase. The office furniture company exposed that her postings on Facebook and MySpace profiles showed that the woman continued her active lifestyle and was able travel, which contrasted the woman's claim that she was not able to get out of her bed. Posting pictures of herself enjoying life outside of her home meant the plaintiff could not have been homebound.

Even though Facebook claimed that giving private information from the site encroaches upon the Stored Communications Act, the judge decided that the evidence she posted on Facebook and MySpace must be given to the defendant, because if the plaintiff is online there is no expectation of privacy.

If you or someone you know has been injured in an accident, please call our office to discuss your case. . Attorneys Jo Ann Hoffman and Vance B. Moore, P.A.
offer free consultations and we look forward to helping you.

Palm Beach Gardens Teenager Killed in DUI Crash -- What to Do When You Are Riding in a Car and the Driver Causes the Accident

Mon, 02 Apr 2012 16:45:45 -0500

When you are a passenger in a car accident, there isn't always another car to blame for the accident. Sometimes it's a one car accident, and sometimes the fault of the accident lies solely with the driver of your car. So what happens when you get hurt when riding with a friend or family member and the accident is their fault? Can you make a claim against their insurance company? Say your family member caused the car accident. If you live with the family member who was driving, the "household exclusion" prevents you from filing a claim for your injuries. So generally, you can't make a claim against other family members with whom you live when they injure you in a car accident. If the driver is not a family member, then you can file a claim.

The unfortunate accident that happened September 29, 2011 in Palm Beach Gardens, Florida is one example of an accident where the fault lies with the victim's driver. According to the Sun Sentinel, 20 year old Sabrina Gavagni Fiorentino killed her best friend, 19 year old Bryanna Sanville, when she pulled into the path of another car who struck them. Fiorentino was found to have an excessive amount of alcohol, as well as marijuana, in her blood. She was charged with DUI manslaughter and released under supervision last Thursday, March 29, 2012. This is a tragedy. No amount of money can ever make things right when this happens.

We are writing about this accident to explain the claims process. Bryanna Sanville's family cannot file a claim against the other driver that hit Fiorentino's car if Fiorentino is 100% at fault for the accident. Her family can file a claim against Fiorentino and the owner of the car. Also, an uninsured motorist claim can be made with their own car insurance company. The Sanvilles can collect money under their uninsured motorist policy as long as their daughter lived in their household. Another example of this would be a student who is away at college. The student can still be considered a resident of their parent's home even though they don't physically live there all the time.

With most people not knowing about uninsured motorist coverage or how it works, it is important to have a knowledgeable lawyer to deal with the insurance companies for you, especially in a complicated accident case. At Attorneys Jo Ann Hoffman and Vance B. Moore, P.A., we handle all the insurance claims for you and make sure that you are getting the money that you deserve for your injuries or the injuries of your loved ones. Contact our office for a free consultation, as we look forward to helping you and guiding you through this difficult time.

Port St. Lucie School Bus Accident -- How Complicated Commercial Vehicle Accidents Can Be for Victims

Fri, 30 Mar 2012 16:25:10 -0500

On Tuesday, March 27, 2012 at 3:50pm a semitrailer truck loaded with sod crashed into a St. Lucie County school bus. There were 31 children on the bus at the time of the crash. One child, Aaron Beauchamp, 9, died on the scene and 5 other children are in critical condition. According to the Sun- Sentinel, it seems that the bus pulled out in front of the semitrailer truck and was hit from the side. At the time of this posting, it has not been determined which vehicle caused the accident. The truck driver, 24 year old Charles T. Cooper, and the bus driver, 56 year old Albert A. Hazen, did not report injuries at the scene. The truck is being checked to make sure that all equipment was working and that it wasn't overloaded with sod.

To use this accident to explain the claims process, if either driver is found to have injuries from the accident, they will be able to receive medical treatment through worker's compensation from their employers. In addition, each driver will be able to file an insurance claim against the other driver's company for the portion of the accident that wasn't their fault. For example, if the truck driver was found to be at fault for 20% of the accident then he would be able to file a claim for 80% of his injuries against the liability policy of the School District. If the bus driver was at fault for 80% of the accident, he could file a claim against the semitrailer truck company for 20% of his injuries under their liability policy. The parents of the injured children can file with their Personal Injury Protection (PIP) insurance to have the children's medical bills paid. In addition, claims by the parents can be made against both drivers and the companies for whom they worked. No one wins in a tragic accident like this, but it is important to hire an experienced car accident lawyer who knows how to deal with complicated cases that involve not just the drivers, but also the companies that the drivers were working for when the accident occurred. If you or a family member has been in an accident with a commercial vehicle, Attorneys Jo Ann Hoffman and Vance B. Moore, P.A. can help you. Contact our office for a free consultation as we look forward to helping you and guiding you.

It Pays to Have Uninsured Motorist Coverage

Wed, 21 Mar 2012 14:09:25 -0500

On Sunday, March 18, 2012, four people had catastrophic injuries as a result of being hit by cars or vans in Broward County, Florida. One of the accidents was a hit-and-run where a man in a white cargo van hit a five year old girl riding a toy car. The unidentified man sped off, leaving the small child who died. This is a tragedy. The loss of a life cannot be replaced. Without knowing who the driver is, the girl's mother cannot file a claim against the van's insurance company, but she can file one with her own car insurance company. Her Personal Injury Protection (PIP) will pay $5,000.00 toward actual funeral expenses plus her uninsured motorist coverage will pay its policy limit for this senseless death.

In another case, a woman who was seven months pregnant was by the pool at a hotel when a car crashed through her cabana and killed both the woman and her unborn child. The woman's family can file a claim against the hotel for negligence as well as file a claim against the driver for damages. The family can also collect additional money under the deceased woman's uninsured motorist insurance coverage and PIP.

Two other people (a 14 year old boy and a 66 year old woman) were also hit by cars and killed on Sunday. Their families are able to collect against the drivers who killed their loved ones, plus obtain uninsured motorist benefits and PIP for the funeral expenses.

It is important to contact an attorney when there has been an accident. Many people believe that if you are not in a car at the time of the accident then car insurance doesn't cover injuries, but that isn't true. If a car hits a pedestrian or hits something on the road which strikes the pedestrian, either the driver's car insurance (if they do not leave the scene of the crime) or the pedestrian's uninsured motorist insurance will pay for injuries. In addition, the Personal Injury Protection (PIP) will pay the medical bills and lost wages (if there are any).

Worker's Compensation Immunity Precludes Recovery

Thu, 19 Jan 2012 16:33:30 -0500

In the case of Pensacola Christian College and Maddox v. Bruhn, 37 FLW D64, decided December 30, 2011, the First District Court of Appeals held that a part-time worker at the college bookstore who was bicycling back to the bookstore during her lunch hour when she was struck by a college van on an unrelated task was barred from pursuing a third party recovery against the van and the van's driver. The girl's injury had been turned in to the workers' compensation carrier because although she was off the clock, she was still on the company premises, that being the grounds of the college.

The trial court found that she was not in the in the course and scope of employment and workers' compensation was not the exclusive remedy. This was reversed by the First DCA which held, in a chilling effect on the plaintiff's right to bring an injury claim, that "Because the plaintiff was on the employer's premises, returning to her work station after lunch, she was within the course and scope of employment at the time of the injury" and workers' compensation was her exclusive remedy. This case may be appealed by an attorney to the Florida Supreme Court.

Receive Uninsured Motorist Benefits When You Are Injured Out Of Your Car ... Even Injured Out Of State!

Fri, 08 Jul 2011 12:14:35 -0500

I see many individuals who do not realize that their Uninsured Motorist coverage can pay them for an out of state injury. This is true even if you are not in your car. I want to give you an example of this:

I recently settled a case for over $200,000 where the gentleman had been injured two years earlier while traveling out of state. He was standing outside his friend's vehicle while his friend was attempting to move an object with his truck. The object struck my client, resulting in serious injuries. He never thought he would be eligible for Uninsured Motorist benefits because he was not in his car and in fact, his car was in another state at the time of his injury.

An Uninsured Motorist claim can cover you under many familiar scenarios, such as: if you travel to another state, or when you are walking across the street and suffer a hit and run knock down injury. This means you get money from the uninsured motorist insurance when a car knocks an object into you or knocks you over and leaves. Or let's say your daughter is away at college and suffers injuries after being hit by a car that leaves the scene. In all of those examples, your family's Uninsured Motorist coverage will pay money for injuries. Florida has hit and run laws that let you collect Uninsured Motorist money. Another example is if you are walking in a parking lot and a car knocks you over, and then leaves, your Uninsured Motorist coverage pays. Perhaps most surprising, even if you are riding in someone else's car and you are hit by a car that leaves the scene, your Uninsured Motorist coverage will pay for your injures.

So remember, always make sure you have Uninsured Motorist coverage -- it can help any time you or your family is injured in a car accident -- whether you are in that car or not! Even though your PIP (Personal Injury Protection) may not pay because you're "out of state, out of car, out of luck;" with Uninsured Motorist coverage, you are still in luck and can get benefits when you are out of state.

What If My Injury Is Caught On Video?

Mon, 27 Jun 2011 16:26:04 -0500

What about the video taken by a store of a person's slip and fall? The video taken by a store of a person's fall is different from a surveillance video and is distinguished in the case law. Recently, the Fourth District Court of Appeal said that a permanent store surveillance tape (which is generally considered non-work product) may be discoverable. In the case of Target Corporation v. Vogel, 31 So.3d 962 (Fla. 4th DCA 2010), Target sought review of the trial court's order compelling production prior to plaintiff's deposition of a static security video taken by a store-mounted camera of the plaintiff's fall. The Fourth DCA held that the video was not work product prepared to aid counsel in trying the case. It was discoverable upon the plaintiff showing he had no other way to obtain the evidence in question. A video can be authenticated via the silent witness theory where the party to seeking to introduce it would show that the video is reliable. This requires a determination from the judge that: (1) there is evidence establishing the time and date of the video; (2) there has been no tampering with the video; (3) the video equipment was sound; and (4) there is testimony identifying the participants depicted in the video. In Vogel, the injured person was allowed by the Court to review the video of his fall before he testified. Be sure your attorney requests the video, saying there is no other way to get it plus the injured person needs it to refresh his recollection.

Should Injured Persons Expect Surveillance?

Mon, 27 Jun 2011 16:00:59 -0500

An insurance company is a business entity and it is not going to spend money on surveillance where there is minimal property damage and the injury case can settle for $3,500.00. However, where there is significant property damage and the Plaintiff by his attorney claims a permanent personal injury which has greatly affected his life, such as limping or the inability to work, the insurance company will employ surveillance. The insurance company will seek to show the surveillance if it negates the injury claim to the injured individual's doctors and to the jury or judge in court. The standard upon which the courts will allow the surveillance is set forth in case law. So long as the videographer, i.e., the person who took the video, testifies that what is on the video is a fair and accurate representation of what happened, the recording can be admitted.

The injured person should be aware that they can expect surveillance. For example, diving to catch a football will not make the insurance company believe you are injured (as one of my clients found out the hard way!) So always expect surveillance and have it prove your injury, such as a limp or other physical limitation.

In Dodson v. Persell, 390 So.2d 704 (Fla. 1980), the Florida Supreme Court ruled that the surveillance film conducted by a private investigator has to be revealed and shown to the plaintiff's attorney where it will be used at trial. This means it has to be shown to the injured person after his deposition is taken which means the injured person must always testify truthfully about his limitations and activities. Five critical points were made by the Florida Supreme Court in Dodson:

First ... we hold that upon request a party must reveal the existence of any surveillance information he possesses whether or not it is intended to be presented at trial.
Second, we hold the contents of surveillance films and materials are subject to discovery in every instance where they are intended to be presented at trial either for substantive, corroborative, or impeachment purposes.
Third, in limited instances, the contents of surveillance materials that are not intended to be submitted as evidence are subject to discovery if they are unique and otherwise unavailable, and materially relevant to the cause's issues. An example is a photograph of a scene which has been changed or cannot be reproduced.
Fourth, with reference to our holding that a party is entitled to discover the existence and contents of surveillance information which will be used as evidence, it necessarily follows that the seeking party must be afforded a reasonable opportunity to view the surveillance information before trial. The surveilling party's failure to comply with such a discovery request will bar the information's use as evidence in the cause unless the trial court finds that the failure to disclose was not willful and either that no prejudice will result or that any existing prejudice may be overcome by allowing a continuance of discovery during a trial recess.
Fifth, we recognize that there is some merit in respondent's contention that surveillance can prevent fraudulent and overstated claims. In this regard, fairness requires that we allow the use of surveillance materials to establish any inconsistency in a claim by allowing the surveilling party to depose the party surveilled after the movies have been taken or evidence acquired but before their contents are presented for the adversary's pretrial examination.

Dodson v. Persell, 390 So.2d 704 (Fla. Supr. Ct. 1980)

Rental Car Companies Only Have To Pay $10,000.00 For Injuries!

Fri, 06 May 2011 15:22:57 -0500

The Florida Supreme Court on April 21, 2011 decided Vargas v Enterprise Leasing Company, ___Fla. Sup.Ct.___, SC 08-2269, which decision confirmed that a rental car company only has to have a limited $10,000 liability policy to pay for injuries caused by the renter and the RENTAL CAR COMPANY AS A VEHICLE OWNER. What does this mean to you? This means your injury attorney or agent will want to advise you to buy uninsured motorist coverage in the amount of your bodily injury liability coverage. Selecting stacking of your uninsured motorist coverage is better for you because it allows you to increase the amount of your uninsured motorist coverage by the number of autos in the household. So, if you have four autos in your household, each with a $10,000.00 policy of uninsured motorist coverage, then multiply the $10,000.00 by 4 and you now have $40,000.00 available to protect YOU AND YOUR FAMILY.

Why is it important to protect yourself and your family by buying UNINSURED MOTORIST COVERAGE in view of the Vargas case? Many renters are from foreign countries and are unfamiliar with our Florida roads and tolls. These drivers can cause injuries and then fly back to their homeland, leaving the Florida resident injured. The uninsured motorist coverage protects the injured Floridian by adding the uninsured motorist coverage on top of the $10,000 liability policy.

BENEFITS OF BUYING UNINSURED MOTORIST COVERAGE

Here are some examples of how wide reaching your uninsured motorist coverage is and how it will protect YOU AND YOUR FAMILY:

1. If your daughter leaves school and walks across the street and is struck by a car that leaves the scene, your uninsured motorist coverage pays for your daughter's injuries.

2. Your husband goes with his college friend to Alabama to participate in a sporting event. The friend accidentally runs over your husband and breaks his leg. The friend has only a $10,000 policy of liability insurance. If you have uninsured motorist coverage that stacks on top of the liability coverage, then your husband can then recover the full amount of your uninsured motorist policy.

3. One more example is you are at your office and everyone is going to go to lunch to celebrate a coworker's birthday. You're in the vehicle with your coworkers and you are rear-ended by a drunk who leaves the scene of the accident and drives away. Yes, you are right - your uninsured motorist coverage would pay for your injuries!

The Florida Supreme Court decided Vargas v Enterprise Leasing Co., __Fla.Sup.Ct.___, SC 08-2269 from a case coming out of Palm Beach County on appeal from the Fourth District Court of Appeals. It held that the Federal Graves Amendment, which requires all the rental car companies to carry only $10,000 in liability insurance, is valid and enforceable in Florida. Our Florida Statute 324.021(9)(b)(2) does not preempt or overcome the Federal Graves Amendment.

Medical Malpractice. Do you have a case? (Part One).

Thu, 21 Apr 2011 19:04:00 -0500

We receive a lot of calls from our clients and potential clients on this topic. We get a lot of email inquiries as well. This is a particularly difficult topic, but we felt that some explanation on our blog would be helpful. Please read this and future articles, but don't hesitate to call for a more detailed and thorough analysis. First of all, medical malpractice is a subset of tort law. O.K., what is tort law you ask? It is the legalese term that describes personal injury cases based either in negligence or intentional acts such as a battery (hitting someone purposefully). If you fail to pay attention to a traffic signal and rear end someone in you car, that's negligence. If you take your taser in your office and zap someone then that is an intentional tort. Either way, you need an experienced personal injury lawyer to collect damages for you.

Medical malpractice may be a part of the overall tort or personal injury field of law, but it has a lot of its own rules and some serious pitfalls. First of all, not every bad medical result is an example of medical malpractice. Unfortunately, bad results happen even with the best care from the best doctors and in the best of hospitals. We are human beings and not every treatment or technique works. Sometimes a risk or complication takes place and those are not necessarily an example of malpractice.

Medical malpractice is a deviation or falling below the applicable standard of care by a physician, nurse, or hospital. Medical practitioners have standards of care that set or determine the appropriate type of diagnosis or treatment for a given medical condition; disease or injury. It varies greatly depending on the type of medical field and the medical situation. There are standards for podiatrists in how they address a foot injury, standards for orthopedists in how they handle a knee or shoulder injury. There are standards for urologists in dealing with a urinary tract infection. Standards exist for cardiologists, general practitioners, oncologists, etc., etc. These standards are not simple hard and fast rules. They are more like general guidelines and there is usually a fair amount of gray area interpretation on exactly what constitutes a standard and even more debate on what exactly is a deviation from the standard of care.

In order to proceed in a potential medical malpractice, you need to first consult with an experienced attorney who can evaluate the medical history of the patient, examine carefully the records of the diagnostic studies that were or were not performed and the treatment records. The next step is for the medical malpractice lawyer to have a neutral an independent physician examine the records. That physician has to have training and qualifications similar to the potential defendant. In medical malpractice cases before you can file a lawsuit or even send out a demand letter to try and settle a potential case, you first have to have a very detailed affidavit signed by an expert physician. Those affidavits cost a lot of money because the expert witness has to pour over hundreds and sometimes thousands of pages of medical records and he or she has to be willing to testify against the potential defendant. Fortunately for all of us, medical malpractice is a very rare occurrence. Our physicians are extremely well trained and dedicated to "doing the right thing" and treating their patients with great care. If, however, a question arises as to whether medical malpractice has taken place, the first step is to immediately contact an experienced medical malpractice lawyer.

Orthopedist or Chiropractor? Which is right for you? (Both?)

Sat, 16 Apr 2011 20:48:15 -0500

In a personal injury case; especially in a car accident case; there seem to be a lot of differing opinions as to what kind of doctor you should see for treatment. Also, there are a lot of people that have strong opinions pro and con as to both specialties. Almost everyone will be giving you advice. When people hear that you had a motor vehicle accident, they will naturally try to give you advice. You should of course politely listen to your neighbor, your aunt, your co-workers, the guy behind the counter at your favorite coffee shop, etc., etc. And then, you should do a little research and form your own opinion.

The purpose of this article is to give you a little baseline information to help you determine what is best for you. First of all, a chiropractor and an orthopedist share similar professional interests. They both deal in accident cases involving trauma to the musculoskeletal system. Neither deals with urinary problems, skin disorders, cancer, or cardiac disease. They both handle injuries arising from a car accident, a slip and fall, premises liability, etc.

Orthopedists (also spelled orthopaedists) are medical doctors who have completed a four year college program, then earned a four year +/- medical school degree, and then completed an internship and a residency in a teaching hospital for their specialized training. They treat spinal injuries (cervical/neck, thoracic/mid-back, and lumbar/low back) as well as all of the other joints and bones in the body. They have sub-specialties in hand injuries, spinal injuries, leg/lower extremity injuries, hips, knees, etc. Orthopedists perform surgery and can prescribe medication. Sounds impressive? Well, it is!

However, orthopedists can only afford to spend a very short time with their patients because of the nature of their practice. Once diagnosis is performed (figuring out what your problem is), most orthopedists will prescribe medication, therapy, or surgery. Chiropractors, on the other hand, will usually spend a lot more time with the patient. They do something orthopedists don't; they will directly render physical therapies to the patient. They do not simply issue a prescription for therapy and send you on your way, hoping that the therapist does what is prescribed and does it well. The chiropractor will perform adjustments and directly render physical therapy to you themselves.

Chiropractors are also Doctors! They have a four year college degree and three to four years after that to secure their Doctoral degree in Chiropractic. Plus, they have internships and post doctoral programs as well. While the men and women who have become Chiropractors have devoted their lives and careers to treating physical injuries may not be able to prescribe medication, they instead give their patients extraordinary relief from pain by providing hands on healthcare.

If you sustained a broken bone or need a surgery for a damaged joint, then you need an Orthopedist. If you have back, shoulder, neck, or related spinal injuries, then both fields offer benefits to injured patients. In our practice, we limit ourselves to injury cases and we often are asked these types of questions. Our philosophy is to make sure that our clients receive the best of care and each case is different. Because we have been representing the injured in South Florida during four decades, we are well acquainted with many Orthopedists and Chiropractors. An experienced personal injury lawyer can guide you in these matters. We cannot practice medicine, of course, but we can make sure that you get the care and treatment that you need!

Another fatality on I-95! The sad story and how we might prevent future incidents.

Mon, 04 Apr 2011 06:14:43 -0500

Last Friday night, April 1, 2011, on Interstate 95 (I-95) a tragic event occurred that left a teenager dead and at least one family devastated. According to Florida Highway Patrol (FHP) Sgt. Mark G. Wysocky, the 15 year old boy, identified by The Miami Herald as Lukeson Lemorin, was helping to push a stalled car on I-95, south of Hallandale Beach Boulevard in Broward County, and north of the Dade County line. The young man was struck by a 35 year old man who was operating a Ford Taurus. Sadly, the teenager was so seriously injured that he was pronounced dead at the scene. Instead of an ambulance to take him to a local hospital or a Trauma-Hawk helicopter to take him to the trauma center at Hollywood Memorial, he was taken, instead, to the morgue.

While alcohol abuse or use was not implicated in the accident, it remains under investigation. Driving under the influence or DUI was investigated at the scene and determined to have not been the cause of the fatal accident. Two aspects of the case, however, are important for every Floridian. And they were certainly important to the young man who is now dead and the family and friends that will mourn his very untimely loss. First of all, when your car stalls (or the car in which you are a passenger as was the case here), try to get it out of the travel lanes (while everyone is in the car!). When the engine even begins to falter, don't push your luck. Get off of the road entirely or pull over to shoulder while the car is still moving and slowing down. Don't get out of the car while any of it is in the travel portion of the travel lanes. Get it off of the road as safely as you possibly can. Obviously, if your car stalls on the Florida Turnpike, I-95, I-595, I-75, the Dolphin Expressway, the Palmetto Expressway, etc., you are having a really bad day. A fatal accident or a car crash with severe injurieswill only make your day a whole lot worse!

Call the police. Wait for help. They have police lights, signal flares, traffic cones, etc., and can secure the area to make sure that there is not a second or a third accident. They can call the Road Rangers or another licensed tow truck to get you off of the highway. The embarrassment, expense, inconvenience, and annoyance of your car dying on the road is nothing compared to a potentially fatal car crash.

The second issue that affects Florida drivers is potential inattentiveness while operating a car on one of our superhighways. You must pay attention to the road, the drivers around you, and hazards ahead of you. Some people get into a fast lane and then just sit back and relax. The car you are in is doing 55 to 65 +/- miles an hour. The cars around you are doing that or more. There might be an accident just around the bend, a stalled car just ahead, a pedestrian just over the hill, etc. We know this sounds like you are in Driver's Education (Driver's Ed.) back in high school, but the advice is just as valid now as it was then; perhaps even more so. Now, we do not know yet exactly what happened this past Friday on our highway and the Florida Highway Patrol is doing their job to figure that out, but we do know that you have to be incredibly careful if you experience car trouble and always very vigilant in the operation of your motor vehicle. We here at Attorneys Jo Ann Hoffman & Vance B. Moore, P.A. extend our heartfelt sympathies to the family and the friends of the young man who sadly perished on I-95 on Friday.

You just had a car accident, should you call the police?

Thu, 31 Mar 2011 23:58:05 -0500

O.K., you just had a car accident. Great! What a way to start the day! You are already late for (work, school, breakfast). Should you call the police? The short answer is a resounding, "Yes!" You need to know why and how to handle it. First of all, check on any injuries that you or your passengers may have. Then call the police. Be patient. The "911" operators are often overworked. The police are also overworked and are often busy on another call. Be sure to tell them where you are located and what vehicle you are in. You will later need to document the accident and the best way to do that is to have a police report. Plus, they can give the other driver a traffic ticket if the accident scene and/or the witnesses make it clear that the other driver was at fault in causing the accident. If you or someone else in the accident is in serious pain, ask the 911 operator for an ambulance. The police, upon their arrival, may also call for an ambulance. Please see our earlier article on going to the hospital.

If you are sufficiently O.K. (shaken up, but not very injured), you might want to check on the people in the other vehicle. Remember what they say and get their information. Try to get the names, telephone numbers, and any other information you can from any witnesses. An independent witness can be very helpful in the long run. People will occasionally come up to check on you. Get their names and telephone number as they may or may not stick around to talk to the police officer. Give the police officer the information on any witness and ask them to stay to at least have a brief discussion with the investigating officer.

Get pictures. Use your cell phone if that is all that you have and get pictures of your car, the other car, and the scene. At the very least, get pictures of the other car and yours to show how the motor vehicle accident happened and the extent of the impact. The property damage is an important component in your personal injury case. You want to get your car fixed, of course, but the property damage to the vehicles in the accident is evidence of the severity of the impact. That will be important in proving your case later on.

When the police officer arrives, have your driver's license, registration, and insurance card already available. Speak politely and clearly to the investigating officer. Screaming at the police officer or the other driver does not win points! Clearly describe how the accident took place. Make sure that the officer has your correct information and the identity of any one in your vehicle. It is far easier to have the police officer take down your passenger's information at the scene rather than having to go to the station to amend and supplement the report. Be sure to ask for the case number. Some road patrol cars are equipped with printers and they can give you either a report or a printed driver exchange of information. At least, get the case number. We can always get the complete police report, but it is helpful if you can get the case number. The next thing you need to do is decide if you are going to a hospital (see our earlier article) and then call an experienced attorney regarding your personal injury case.

You just had a car accident, should you go to the hospital?

Wed, 16 Mar 2011 06:28:50 -0500

A hospital emergency room is well equipped in Florida to deal with injuries arising out of a motor vehicle accident (car crash). They have significant strengths and benefits as compared to just going to your own regular doctor or an orthopedist or a chiropractor. They also have significant weaknesses as well. First of all, we are not licensed to practice medicine, have not yet met you, and can not give you an absolute and definitive answer to this very important question. We can, however, provide you with some information that may be of some value to you as YOU make your decision. Remember, you are the patient, it is your body! You are also the Plaintiff (injured party) and, therefore, it is your case!

We want you to understand that emergency rooms and hospitals are important for your general health, important resources if you have sustained a trauma ( injury) in a motor vehicle accident, and if you had a slip and fall or otherwise got hurt in an accident. They have nurses, doctors, x-ray technicians, pharmacists, etc., either there or on call 24 hours a day, seven days a week. If you sustained a serious injury or even think that you possibly could have a serious injury, you would be wise to go to an emergency room or ER. Be sure to tell the triage nurse, the admitting clerk, the floor nurse, and the doctor exactly the same version as to how you were injured. Be sure to tell them all of your symptoms. The day of the accident or a few days later when you go to the emergency room, you do not really know what symptoms or injuries are the most important, or the most long lasting. Tell them everything! You can certainly say this symptom or that one is the most troubling and painful, but still tell them everything!

As the emergency room deals with serious "emergencies" they are not likely to keep treating you throughout your case. They are, possibly, the first step, but they are very unlikely to have you coming in every week for therapy (a chiropractor does that) or have you come in monthly for oral medication or injections (an orthopedist does that). The ER doctor will evaluate you, diagnose you with a physical exam and probably some x-rays, and give you what treatment you need to carry you over until you can go see a good chiropractor or a good orthopedist. If you think you should go to the emergency room, then do it. If your family thinks you should go, then go! If the investigating police officer or a paramedic (EMS) thinks you should go to an ER, then you really should.

Either way, you should also see a competent and experienced physician well versed in accidental injuries for any and all necessary follow up care. The question is, should you go to an emergency room FIRST. Really, only you can answer that question, but we hope we have given you some useful information so you can make the decision that you feel is best for you. Oh, don't forget that if your injury did come from a motor vehicle accident, be sure to give the admissions clerk at the hospital your automobile insurance information. Your PIP or Personal Injury Protection provides you with ten thousand ($10,000.00) dollars in coverage for car or truck accidents so you should use it properly. Consult an experienced personal injury lawyer early on in the process for more case specific guidance and representation.