Florida Injury And Accident Lawyer Blog

Your Car Is A Total Loss! Who Pays And Do You Recoup Any Expenses?

Thu, 11 Aug 2011 16:15:47 -0500

A car accident only takes a second to occur, yet it takes days, weeks, months and sometimes years to pick up the pieces. A majority of the calls placed to the Personal Injury Department at The Dellutri Law Group have two main issues: First-they are badly injured and are requesting we advise them as to who pays for their medical bills, lost wages, pain and suffering, etc. The second and highly common issue: Property Damage....Is is repairable or a total loss?
f the cost of repairing your vehicle exceeds a certain percentage of your car's value before the accident, insurance companies will declare it a "total loss." Some car insurance companies will total a vehicle if damages are at or above 51 percent its pre-accident value. Other insurers will total at 80 percent. State insurance departments often set guidelines for the percentage at which cars can be totaled.

2011 Motorcycle Helmet Use Laws

Mon, 18 Jul 2011 15:29:30 -0500

Just this month, the Insurance Institute for Highway Safety issued a report regarding the motorcycle helmet use laws for each of the states. The Institute's research found that "laws requiring all motorcyclists to wear a helmet are in place in 20 states and the District of Columbia. Laws requiring only some motorcyclists to wear a helmet are in place in 27 states.
There is no motorcycle helmet use law in 3 states (Illinois, Iowa, and New Hampshire)."

Local Father of 3 rear ended at 55mph on U.S. 41

Thu, 07 Jul 2011 10:42:27 -0500

As a native of Fort Myers and as a personal injury attorney in Southwest Florida, I am often contacted by family and friends who I personally know or have been acquainted with for many years. Unfortunately, when I recieve that call wherein I learn that an accident took place, my heart drops as I am too familiar with the tragic consequences of automobile accidents. These accidents can happen anywhere, at anytime, to anyone.

In February 2011, I was contacted by "Tom Smith", a local resident and acquaintance to assist in the handling of his personal injury matter. Tom has lived in southwest Florida for many years and attended our local public schools.He is happily married and the proud father of 3 children. Tom relayed to me that he was minding his own business on a sunny February day. His truck had come to a complete stop on U.S. 41 when, without warning, he was rear ended by the at fault driver at 55mph. The at fault driver was so inattentive, he never even had a chance to brake or use his horn to warn Tom. Both vehicles were totaled as a result.

Tom was transported by ambulance to Lee Memorial Hospital for serious injuries. He was ultimately released from the hospital, but sought the opinion of a neurosurgeon for an evaluation of his debilitating neck pain. The local neurosurgeon recommended an MRI of the neck which confirmed a herniated disk with cord compression at C6-7. Shortly after the MRI results, Tom underwent an Anterior Cervical Diskectomy and Fusion at C6-7 in March 2011.

Once the surgery was complete and Tom was recovering at home, The Dellutri Law Group completed its investigation and aggressively pursued a settlement against the insurance company of the at-fault driver. The result was a multi-figure confidential settlement for Tom and his family. Although dollars will never heal Tom's neck, our system of justice, while not perfect, is the best system in the world. Tom was fully compensated for his losses.

As I write this blog, I am happy to say that The Dellutri Law Group was able to investigate, litigate and resolve Tom's case within 5 months after the accident occurred.

This blog was written by Amanda Downing, Esq. Amanda is a wife, mother and daughter and a constant crusader against all that is wrong in the world. She oversees the firm's personal injury department and will fight to seek Justice for her clients.

Preventing Summertime Injuries

Sat, 25 Jun 2011 07:28:54 -0500

Now that the days of summer are upon us, many people will be spending more time outdoors, especially children. As a Personal Injury Attorney and a Dad, I get the phone calls when children are injured, and these are the toughest cases to deal with. Therefore, I want to just remind everyone that many children are injured while biking, playing, driving in cars and while engaging in water sports.

Parents, please take each and every precaution that you can to prevent an unnecessary injury. I know we can't protect them from everything, but we can teach them the skills they need to watch out for themselves and others going forward.

Dellutri Law Group Has Started A New Blog Trying To Prevent Personal Injuries

Fri, 03 Jun 2011 12:09:02 -0500

The Dellutri Law Group is proud to announce that it has started a new blog designed to protect the Consumers of Southwest Florida.

Click Here to check it out.

www.floridaanswerstopersonalinjuryquestions.com

Please check it out, sign up for the free newsletter and by all means let us know how we are doing.

Pedestrian Struck at School Crossing as a Result of the at Fault Driver using his Cell Phone

Fri, 20 May 2011 15:06:41 -0500

As a personal injury attorney in Southwest Florida, I meet many interesting people. Unfortunately, many of them are extremely injured when we meet, and my heart always goes out to people injured as the result of someone's negligence. These disasters can happen anytime and anywhere to anyone.

Many times, I get to meet them in the office, but I will gladly go to the Hospital when necessary. In November 2010, I was requested to meet "Jane" and her husband "John" at Lee Memorial Hospital. When I walked into Jane's ICU room at Lee Memorial, John was standing beside Jane's bed, keeping her company.

When I asked Jane what happened, I quickly learned that John was his wife's voice as her entire mouth was completely wired shut as she had just underwent jaw and chin reconstruction for a mandibular fracture.

I was advised that Jane would have to eat through a straw until her wires were removed, which wasn't until the end of December. When the wires were removed, I remember Jane was happy that she would be able to enjoy a holiday meal with her family.

Also, in addition to her facial injuries, a CT scan of Jane's head revealed a right cerebral contusion and a subdural hematoma. Jane also fractured her left leg. Fortunately, these injuries did not require surgery and healed slowly over time.

I Hit A Hole In The Road That Caused Damages To My Car - Who Is Responsible?

Tue, 10 May 2011 09:29:45 -0500

Unfortunately, a pot hole in the road will cause damage to your car. Check out this video if this ever happens to you.

Thank You Judge Cary

Tue, 22 Mar 2011 08:37:31 -0500

Judge G. Keith Cary has been the chief judge in the 20th Judicial Circuit since 2007. His term will end on June 30, 2011. The Chief Judge handles the administrative duties of our local court system, dealing with budgeting issues, staff issues, etc.

At the end of his term Judge Cary will turn over the reigns to Judge Rosman, and he will resume his post on the bench. I've been fortunate to appear in front of Judge Cary from time to time, and I have always enjoyed the experience. I have always found him to be extremely prepared, thoughtful and fair.

Judge Cary has served the people of Southwest Florida proudly in a very critical time. Although some criticize the Judge's positions and programs, there will always be a winner and a loser in courtroom battles. I'm sure Judge Cary gave the same thoughtful attention to his decisions as Chief Judge as he did/ will do again each day on the bench. It is easy to criticize when you are not making the tough decisions.

In life, we sometimes make the right decision and we sometimes make the wrong decisions, but it is the ability to think critically using all available resources at your disposal to make the tough decisions that sets apart the decision makers from the arm-chair quarterbacks.

I Am So Proud Of Our Clients!

Thu, 10 Feb 2011 15:55:38 -0500

In our recent blogs and Dellutri Law Group letters, Carmen and I have really focused on getting the word out to our clients to make sure that their families are adequately protected on our roads.

We have urged all of our clients to locate their latest automobile insurance policy and make certain they have "Uninsured Motorist" or "Underinsured Motorist" coverage on their policy. In the past few weeks, I have received many phone calls from our loyal clients requesting a review and free consultation regarding their auto insurance policy. After every single phone call, I had a smile on my face..............Here is why...every client that called me had uninsured/underinsured motorist coverage. YEAH!!!!!!!!And, even though every client that called was filing or had recently filed bankrutpcy and were in financial distress, they still purchased and protected their families should they be involved in an accident.

Parents Can Protect Teen Drivers In Florida

Tue, 11 Jan 2011 11:00:40 -0500

Fortunately, Florida has a tiered driver's license system in place for teen drivers. Teenagers in the State of Florida are allowed driving privileges in a series of steps. Every Parent should visit the Florida Department of Highway Safety and Motor Vehicles' website prior to their child turning 15. The FDHSMV's website advises that, "Florida's laws are designed to help teens gradually - and safely - build their skills and experience behind the wheel. The parents' job is to know and enforce the laws."

The FDHSMV has devloped a graduating driving system for teens due to some horrifying statists. According to the Department: Crashes are the leading cause of death for teens in Florida and across the United States.
Teens face the greatest risk of crashing during their first year of driving. One out of every five licensed 16-year-olds will be in a vehicle crash.

Teens are less likely than adults to understand the risks of driving because they lack experience. Also, their brains are still developing well into their 20s, affecting their judgment while driving. 306 Florida teens (ages 15-19) died in motor vehicle crashes in 2007.

December is National Drunk and Drugged Driving Prevention Month

Tue, 28 Dec 2010 14:10:45 -0500

As a personal injury lawyer, I hear too often how the holidays and particularly, New Years Eve turn bad for some folks in our community and it is usually alcohol related-a DUI or worse-a terrible car accident. Therefore, before New Years Eve, I wanted to make sure to write a blog about Drinking and Driving.

While gathering my thouughts, I went to MADD's website and learned that this month is "National Drunk and Drugged Driving Prevention" month. After navigating MADD's website (www.MADD.org) I was shocked to learn the following:

Personal Injury Case Settles For $187,500.00

Thu, 16 Dec 2010 13:07:37 -0500

Automobile accidents happen. Often an automobile accident can be prevented; however, if you are involved in an automobile accident, the only real way to protect yourself is to make sure you are wearing your seatbelt and have adequate insurance to protect yourself and your family. Here, is an example of one of our clients who did nothing wrong and found herself facing difficult decisions after an accident. Obviously, we changed Ms. Smith's name.

On June 17, 2009, "Sandy Smith", was rear ended on Metro Parkway in Fort Myers, Florida when a driver of a landscaping truck bent down in his vehicle to pick up a clipboard. Mrs. Smith was 42 years old, a nurse, a wife and a mother to her disabled daughter who she had to lift in and out of a wheelchair every day.

Amanda Downing Accepts Appointment To Grievance Committee

Tue, 31 Aug 2010 18:17:48 -0500

In May 2010, Attorney Amanda Downing completed a four year term as a Barrister with the prestigious Calusa Inns of Court. Beginning next month-September 2010, Mrs. Downing will begin her appointment to serve on the Twentieth Judicial Circuit Grievance Committee.

As stated by The Florida Bar, “A grievance committee is very much like a grand jury. Its function is to attempt to ascertain to the extent reasonably possible, all facts relating to the grievances referred to it by The Florida Bar.”

Mrs. Downing will serve on this committee for a three year term. She was advised that it is a great deal of work “with no reward” other than her own “personal satisfaction in promoting and maintaining the high standards of The Florida Bar." Like any challenge, She looks forward to this opportunity!

Dog Bite Safety Tips For Children

Wed, 21 Jul 2010 16:38:51 -0500

Dog Bite Cases are some of the hardest cases to work on, especially when a cherished pet dog bites a child. According to the Centers for Disease and Control, 4.5 million Americans are bitten by dogs each year. One in five dog bites results in injuries that require medical attention. Unfortunately, children ages 5 to 9 years rate highest for dog bite related injuries.

As a personal injury attorney, I have had my share of unfortunate dog bite cases. In almost every case, it was the first time that the dog had bit a person. In almost every single case, the dog owner was suprised that the dog bit my client as the dog usually does not have a history of bites. (If the dog did have a history of biting-it is likely that dog would have already been uthenized).

The Importance of Preserving Evidence

Wed, 30 Jun 2010 13:48:19 -0500

It is fair to say that every personal injury attorney prefers that a new client contact a lawyer immediately after an accident or injury. The reasoning behind this is important-the lawyer and the client need to preserve the evidence in your case as soon as possible. Regardless of how you were injured or the type of case you have, every claim or lawsuit requires EVIDENCE. This means that you need to immediately gather as much information and documentation as you can to support your case. Here are a few very important tips to keep in mind should you or a loved one become involved in a car accident, slip/trip and fall, wrongful death, medical malpractice or dog bite case.