How Do You Prove That the At-Fault Driver Was Texting and Driving?
Even though 48 states have laws that ban texting while driving, around 16.2% of drivers have committed the act while behind the wheel. Texting is a form of distracted driving since the driver takes their focus off of the road and onto their mobile device. Many people think it’s safe to text while at a stoplight, but it’s still very dangerous.
You or a loved one might have recently been in a car accident where you sustained major injuries. You could have strong reason to believe that the other driver was texting and driving at the time of the accident. But how do you prove that they were?
This guide will discuss the various ways to prove that the at-fault driver was texting at the time of your vehicle accident. We’ll also talk about why it’s important to work with a car accident lawyer in Florida.
Get the at-fault Driver’s Cell Phone Records
Driving while texting is a primary offense in Florida. One of the best ways to show that the at-fault driver was texting is with their cell phone records. Their cell phone records can show you the following information:
- If they were on their phone before the accident
- Whether they were sending or receiving text messages
The driver’s cell phone records aren’t public information. Your lawyer will have to subpoena them. If their phone records show that they were sending or receiving text messages at the time of your vehicle wreck, that could indicate that they were a distracted driver.
Gather Eyewitness Testimony
Any nearby witnesses at the scene of the accident might have seen the other driver texting. These individuals can testify and give statements on your behalf. Their information can corroborate other evidence, including cell phone data.
Eyewitness testimony is great evidence you can present in your case. That’s because eyewitnesses are third parties that don’t have a stake in the outcome of your case. They’re considered to be objective individuals that provide truthful information.
If you notice any witnesses at the scene of your crash, get the following details from them:
- Name
- Phone number
- Email address
- What they saw
Evidence at the Accident Scene
Gathering evidence from the scene of your car accident can further prove your case. If you’re able to, take videos and photos of everything involved in the crash. Ask someone else to do it if you’re injured or unable to get this evidence.
Visual records of the accident site can show that the at-fault driver was distracted. For example, no skid marks at the collision spot indicate that the other driver didn’t brake. That might mean they weren’t paying attention right before the crash.
Review the Police Report
The easiest way to prove an at-fault driver was texting while driving is by getting them to admit it. They might have told the reported officer at the scene that they were texting. You’re required to notify the police after you’ve been in a car accident where one of the following occurred:
- Someone was injured
- Someone died
- Property damages amount to more than $1,000
Calling the police after a car accident, even if none of the above occurred, is still important. That’s because officers are required to create a police report after visiting the scene of an accident.
Read through the police report to find out if that information is in there. The police report could also include details you might have missed at the scene of the accident. Some of the details that might be included in a police report are:
- Notes about the accident
- Descriptions of injuries
- The initial idea of who’s at-fault
If the police officer believes that distracted driving was a factor in your car accident, they’ll note that in their report.
Explore Car Accident Reconstruction
A car accident reconstruction expert can recreate the scene of your crash. They do this to determine what happened at the time of the collision. These experts can prove that the other driver wasn’t paying attention to other cars and the road while they were driving.
Car accident reconstruction doesn’t apply to every case. You’ll also need to hire an experienced person to complete this task. Your lawyer can advise if they believe this is the best course of action for your case.
Nearby Video Camera Footage
There might be video recordings of your car accident. Depending on where your car accident was, some of the places you might find videos include:
- Cell phone videos
- Traffic light cameras
- Police dash cam
- Security cameras at nearby businesses
Another driver or passenger might have filmed the crash by accident. These videos can be presented as strong evidence that shows the other driver was texting at the time of the accident.
Your car accident attorney can request videos from their owners to see if they include evidence that’ll strengthen your case.
Take the Necessary Steps After a Car Accident
Gathering information about the other driver isn’t the only important thing to do after a car accident. The steps you take are just as essential.
The things you should do immediately following an accident include:
- Call 911
- Get medical attention
- Document everything that happened
- Call an experienced car accident attorney
You might think that you’re not hurt after a car accident because you don’t have any visible injuries. Seek medical help regardless of how you look or feel. Some injuries take time to appear.
Failing to see a doctor after your crash could show the judge or other parties that your injuries weren’t serious enough. That action might affect the outcome of your case.
Prove the at-fault Driver Was Texting and Driving With an Experienced Attorney
While many drivers think texting and driving are harmless, it causes numerous injuries and deaths every year. There are many ways you can prove the other driver was being negligent at the time of your collision. Working with an experienced car accident lawyer can help you prove your case.
Collect the settlement amount that you deserve. The attorneys at RHINO Lawyers are here to guide you through the process. Get in touch with us today to schedule a consultation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Can I Sue for Medical Malpractice if My Baby Has Cerebral Palsy?
Did you know that cerebral palsy is the most common of all motor disabilities that children experience? Somewhere between one and four out of every thousand newborns suffer from cerebral palsy.
Taking care of a baby with cerebral palsy can be difficult. Many people find it helpful to receive financial compensation to help them.
However, not everyone understands when it is appropriate to file a medical malpractice lawsuit or not. They wonder if having a baby with cerebral palsy constitutes grounds for a lawsuit. Whether or not it does has a lot to do with the technical definition of medical malpractice.
Read on to learn all about the most vital things to understand about medical malpractice and how it applies to babies with cerebral palsy.
Cerebral Palsy Medical Malpractice Lawsuits
The first thing to know is that some people file successful lawsuits based on their baby having cerebral palsy. However, some people make the mistake of assuming that because their child has cerebral palsy, they can automatically file a medical malpractice lawsuit. The truth is much more complicated.
Cerebral palsy is often a natural condition. However, in other cases, it is the result of preventable medical accidents.
Everyone makes mistakes, even doctors. However, if they make mistakes due to negligence, they are sometimes guilty of medical malpractice. So how can you know whether or not a cerebral palsy medical malpractice lawsuit makes sense in your situation?
When Is a Lawsuit Appropriate?
The law states that a doctor has to meet certain conditions to be guilty of medical malpractice. First, the doctor must have a duty or responsibility to provide quality medical care. That applies whenever a doctor agrees to take care of a patient.
However, the doctor must then fail to provide the required standard of care. This is what is known as a breach. If a doctor is negligent or otherwise fails to provide quality care, it is possible they have committed medical malpractice.
However, this breach of duty will not justify a lawsuit unless it also causes damages. If your baby has cerebral palsy, then that may be a strong sign that you have suffered damages. However, many babies have cerebral palsy for reasons that have nothing to do with medical care.
Even if a doctor breaches their duty and the baby has cerebral palsy, that is still not enough to justify a lawsuit. The last requirement is that the breach of duty directly causes the damages in question.
In court, your lawyer will need to make a case that the doctor failed to provide the required standard of care. Then, they will have to prove that this breach was a direct cause of your baby’s cerebral palsy.
Medical Case Malpractice Examples
So what kind of mistakes constitute a breach of a doctor’s duty? Sometimes, cerebral palsy is the result of an infection.
Doctors sometimes fail to detect and treat the infections that can cause cerebral palsy. In some cases, that is a reasonable mistake. However, sometimes an infection is so obvious that a doctor should be able to detect it.
If a doctor fails to detect it because of their own negligence, that can constitute a breach.
Doctors also need to decide when it is necessary to perform a cesarean section delivery. If a doctor does not make the right call about this, it may or may not constitute a breach. It will all come down to whether or not they should have known better.
Doctors may also commit breaches by failing to detect hypoxia or a prolapsed umbilical cord. These are only some of the most common ways that doctors breach their duty. Even if your doctor did not commit these specific mistakes, they may have committed others of similar seriousness.
Remember that there is a statute of limitations on filing a medical malpractice lawsuit. In Florida, you have up to 2 years to file your lawsuit. If you wait longer than that, you will not be able to file it regardless of whether or not the doctor committed medical malpractice.
Assessing the Viability of Your Case
Reading through medical malpractice lawsuit guides can only help you so much. The unique details of your case will determine whether or not you should file a lawsuit.
Based on what we have discussed, you may have some sense of whether or not a lawsuit makes sense in your situation. However, the assessment of a lawyer on this matter will be much more accurate. The sooner you can speak with a great lawyer, the sooner you can find out whether or not you have a viable case on your hands.
Remember that finding the right lawyer will affect whether or not you win your case more than almost anything else. Therefore, you should do your due diligence to find the right lawyer to speak with and hire. Consider looking at reviews for medical malpractice lawyers. They can help you find a lawyer with a track record of success for their clients.
Understand the Laws Relevant to Cerebral Palsy
If you have wondered about whether or not you can sue for medical malpractice if your baby has cerebral palsy, we hope that you have some idea of the answer now. Of course, you will not know if your specific case allows for a medical malpractice lawsuit until you speak with a lawyer. Although many people win lawsuits because they have a baby with cerebral palsy, you will need a great lawyer to maximize your chances.
To learn more about how to manage a medical malpractice lawsuit, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Do I Need to Know About Medical Malpractice Cases in Florida?
Did you know that insurance companies received more than $800 million in medical malpractice premiums in Florida in 2021? That makes Florida the third largest state when it comes to medical malpractice premiums paid. Only New York and California exceed it.
However, that also means that there are a lot of details to understand when it comes to medical malpractice cases in Florida. Many people are so intimidated by the huge amount of information out there. So, they decide not even to bother pursuing a lawsuit. Other people are confident that they would not have any chance of winning a lawsuit. Even if they were to file one.
However, understanding some of the nuances of medical malpractice cases in Florida can make it clearer how you should proceed with your legal situation. Read on to learn about some of the essential things to know about medical malpractice in Florida!
Malpractice Cases Require Damages
Some people think of medical malpractice as a doctor making a mistake while providing treatment. However, not every mistake a doctor makes is medical malpractice.
Even if a doctor is negligent while performing their duties, that does not necessarily mean that they are guilty of medical malpractice. In particular, if a doctor makes a mistake, like prescribing the wrong medication, but it does not cause you any injury, then there are no grounds for a medical malpractice lawsuit. Without damages, the mistakes that a doctor makes do not provide grounds for compensation for their patients.
Florida Has a Statute of Limitations on Cases
Most people do not realize that there is a deadline for filing medical malpractice lawsuits. In Florida, the law states that people have to file their lawsuits within 2 years of when they knew or should have known that medical malpractice occurred.
This law is designed to encourage patients to bring their grievances against doctors quickly. The legal system does not want people to be filing lawsuits based on incidents that occurred many years in the past.
Although the exact application of this law will depend on the judge, the main point is that you cannot wait forever to file a lawsuit. It is important to decide whether you are going to file a lawsuit promptly.
You Need Proximate Cause to Win a Malpractice Lawsuit
Sometimes, a patient suffers damages after medical treatment, and they are correct in believing that the doctor was negligent while providing medical care. However, even this is not enough to make a doctor guilty of medical malpractice.
The missing ingredient here is the proximate cause. Your lawyer will need to prove to the court that the mistakes that your doctor made were the proximate cause of the damages you incurred.
You May Need the Best Medical Law Advice
Filing lawsuit cases is difficult and complicated in the best of circumstances. When you combine that with the complicated medical system, things can get even trickier. Most people will need the help of a skilled lawyer to help them just with the filing process of their lawsuit.
Some people imagine that they might be able to represent themselves in court. After all, if they can explain in simple and convincing terms what happened, shouldn’t that be enough to convince the judge and jury?
However, this view reveals a misunderstanding of the legal system. Someone may be able to present an extremely convincing argument in a normal setting without also being able to present a convincing argument in a legal court. That is why it is so important to have an exceptional lawyer to help present your case.
Unsettled Claims Go to Trial
Many medical malpractice lawsuits settle before going to trial. In other words, before asking a juror to evaluate the case, the patient receives compensation in exchange for not pursuing their case all the way to trial.
In fact, some people actually file lawsuits in the hopes that they will receive a settlement. They may not want to actually go through all of the effort and uncertainty of arguing their case in court.
However, if you file a lawsuit and do not settle before trial, then you will have to go to trial. If you don’t want to go to trial, then you may not want to take the risk of filing a lawsuit at all. There is never any guarantee that you will be able to settle before the trial.
Losing Parties Sometimes Get Second Chances
The losing party in a medical malpractice case has the option to appeal to a higher court. That means that the decisions of the first court are not always final. In other words, people filing medical malpractice cases sometimes get a second chance after losing their first court battle.
Understand the Essentials of Medical Malpractice Cases in Florida
The stakes are high when it comes to medical malpractice cases in Florida. The more that you understand about how the legal system deals with medical malpractice, the better you will be able to assess how you should navigate your legal situation. Keep in mind that almost nothing will affect the outcome of your medical malpractice lawsuit as much as finding the right lawyer to represent you.
To learn more about how a medical malpractice lawyer can help you, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Are Electric Vehicles Safer In an Auto Accident?
Florida is now home to the second-most electric vehicles per capita. There are over 58,000 electric cars on Florida’s roadways, which is great news for emissions. The question is, is this great news for vehicle safety?
Getting into an auto accident is always distressing, especially if the accident resulted in serious injuries and significant property damage. Now, Florida drivers are wondering if electric vehicles could lead to more serious or frequent car accidents.
RHINO Lawyers do more than just represent victims of Tampa car accidents. We also make it a priority to stay on top of the latest auto accident statistics and news.
Read on to learn more about the safety of electric vehicles and how they’re impacting accident rates.
Are Electric Vehicles Safer for Drivers and Passengers?
When talking about vehicle safety, there are a few different factors to consider. One of them, and the one that tends to occupy car manufacturers the most, is how safe a car is for the people inside it.
So far, it seems that electric vehicles are just as safe for their drivers and passengers, if not safer, than conventional cars. These kinds of safety tests are completed by simulating several different types of accidents to determine how the car holds up and how the people inside the car would fare. So far, these tests have not revealed any unusual or serious risks that we don’t see in conventional vehicle safety standards.
In other words, electric vehicles don’t pose an outsized risk to the people who own or ride in them. However, that doesn’t mean that they’re safer for everyone else.
Are Electric Vehicles Safer for Others on the Road?
Many of the people who are concerned about electric vehicle safety are not the people who are driving electric vehicles. If you were to be involved in an accident with an electric vehicle, could it cause more damage?
The research on electric vehicle safety for others on the road is still in the early stages. There are many factors to account for when analyzing electric vehicle safety data, including the fact that they are still far outnumbered by conventional vehicles and they’re not as frequently used for long-distance driving. That said, there are a few factors that indicate that electric vehicles may pose more of a risk to others on the road.
Fast Acceleration
What many drivers don’t realize when they get behind the wheel of an electric car is that these cars accelerate quickly, quietly, and without a lot of force. Hitting the gas with the same amount of force in an electric car is going to cause faster acceleration than it would in a conventional car.
Without extra care, electric vehicle drivers may find themselves driving too fast too quickly, and their quiet motors can leave nearby drivers, cyclists, and pedestrians unprepared. Not only does this mean that there’s less time to react to the circumstances, but it can also lead to a high-force crash, which can cause more property damage and serious injuries.
Heavy Machinery
While those lithium-ion batteries cut down on emissions, they add a lot of weight. Electric vehicles are significantly heavier than their conventional counterparts.
This increased weight may contribute to the safety of the people inside an electric car. It also contributes to the danger others will face if hit by an electric car. Like cars moving at high speeds, heavy cars will strike other objects with more force, which can cause far more damage.
Are Electric Vehicles Involved in More Accidents?
So far, most of the studies regarding electric vehicle accident rates are coming out of Europe. This is, in part, because electric vehicles made a bigger impact abroad, and make up a larger percentage of all vehicles than they do here in the states.
What are these European studies telling us? It appears that electric vehicles may be involved in more accidents than conventional vehicles. As you might suspect, this statistic is linked to fast acceleration speeds.
While electric vehicles may come with a learning curve, it is still a driver’s responsibility to operate their vehicle in a safe manner. Trends aside, causing an accident by accelerating quickly is still negligent behavior.
What Should You Do After an Electric Vehicle Auto Accident?
Why does it matter that negligence is still in play when an electric vehicle causes an accident? Negligence is the key factor in car accident claims.
If you were in an accident involving an electric vehicle, proceed as normal. Contact the police and document the accident. Exchange information with the driver and seek medical attention.
Once you are able, contact an auto accident lawyer. If the accident was caused by another driver and left you with serious injuries and financial damages, you may want to file a car accident claim. Car accident claims can help you to recover the money you’ve lost to medical bills, a reduced capacity to work, and more.
Can the defendant argue that it was their electric vehicle’s fault and not their own? Chances are, this argument won’t hold up in court. At the end of the day, all drivers are responsible for safe driving habits.
Injured in an Accident? RHINO Lawyers Can Help
Are electric vehicles safer in an auto accident? It depends on whether or not you’re in it. While research is still in the early stages, we have reason to believe that accidents involving electric vehicles may produce serious consequences.
If you were injured in an auto accident in Tampa, don’t hesitate to contact us. We’ll schedule your free case consultation so that you can tell us more about the circumstances of your accident. If we believe that you have a case, we’ll do everything we can to fight for your compensation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Can I File a Medical Malpractice Suit on the Grounds of Unnecessary Surgery?
Did you know that medical errors are the third most common cause of death in the United States? Medical errors and malpractice also account for many injuries and unnecessary procedures. If you are the victim of unnecessary surgery, you might be wondering if you can file a medical malpractice suit.
What do you need to file this kind of lawsuit? How can you know if this malpractice lawsuit is valid? Where should you start?
Keep reading and learn more about how it works below.
When Is Surgery Not Considered Necessary?
There is a fine line between necessary and unnecessary surgery. Suppose your doctor diagnosed you with a condition that you don’t have. This misdiagnosis leads the doctor to believe that you need to undergo surgery to treat this issue.
This is a form of unnecessary surgery. This is because you do not have the medical issue that would warrant surgical treatment. This could be medical negligence because the doctor did not diagnose you correctly.
Medical surgeries also need to be performed with the consent of the patient. If you never consented to the surgery in question, this is a big problem. This could be evidence of medical malpractice and can help strengthen your case if you were unaware of the risks.
You may also file a malpractice suit if the doctor operated on the wrong part of your body. Suppose you needed surgery on your right knee because of an injury but the doctor performed surgery on your left knee.
This surgery is unnecessary because your left knee was not the one that was injured. This is evidence of medical negligence as it shows the doctor was not paying attention, which led to a massive and unnecessary medical error.
Another problem is when the doctor does surgery on the wrong patient. You may be confused with another patient that requires surgery. The doctor can think that you are another patient based on an error in the paperwork or due to negligence.
The Details
There are also cases in which a doctor may prompt you to get surgery that you don’t need. The doctor may do this to make extra money off you. Suppose your hip is hurting and you suffer from the early stages of arthritis.
The right treatment may be physical therapy and some anti-inflammatory medication. But your doctor may insist that you need hip replacement surgery. This surgery may not be necessary but your doctor will insist that it is.
This surgery will make your doctor a large chunk of extra money but you could sue for medical malpractice if you can prove that this surgery was unnecessary. Choosing the wrong type of surgery to fix an issue may also be considered medical malpractice.
Suppose that you broke your foot. Your doctor tells you that you need invasive surgery to repair your foot so you can walk again. You may develop a serious infection after the surgery and your foot may need to be amputated.
You then discover that you could have opted for a less serious surgery that might have not led to such a drastic infection. It is possible to sue for medical malpractice over this. But how can you prove that surgery was unnecessary?
Hiring a Lawyer for Your Medical Malpractice Suit
Unnecessary surgery can give rise to a very serious medical malpractice lawsuit. The main way you can get justice for yourself is to hire a good medical malpractice attorney. This type of attorney is familiar with all the laws surrounding medical malpractice and negligence.
The lawyer can also help prove whether surgery was unnecessary. The lawyer will need to sort through the documentation of the surgery. It will also be necessary for the lawyer to become familiar with your health conditions and any injuries you may have.
The lawyer will also examine the doctor’s notes and how the doctor concluded that the specific surgery was the best option. It is also important for the lawyer to understand what the doctor said to you about the surgery. The doctor might have misled you regarding what the surgery was or why it was needed.
The doctor may have made it sound like a small and minor operation when it was something very serious.
What You Need to Know
You should also make it clear whether the doctor explained the risks of the surgery to you. But all this might not be necessary if there is clear proof that the surgery was unnecessary.
Consider that the doctor operated on your left leg when you needed treatment on your right leg. This is clear evidence of medical malpractice and negligence.
It is important to choose the right lawyer before proceeding with a medical malpractice suit. You need the best legal representation to ensure that you get the best compensation. This is why it is important to do your research before hiring a lawyer.
Hiring a lawyer at random is the worst thing you can do. They might not have the right experience or education for the job. Medical malpractice lawsuits can be highly specific and complex so ensuring you hire a true medical malpractice lawyer is very important.
Filing a Medical Malpractice Suit for Unnecessary Surgery
Unnecessary surgery is a huge medical error that you can sue for. Filing a medical malpractice suit can be complicated, but you can make it easier by hiring the right attorney. Having the right attorney on your side will ensure you get the compensation that you deserve.
To learn more about legal representation, check out our services.
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Happens If a Loved One Dies In a Car Crash?
More than 40,000 people lost their lives in car crashes in 2021, which is a 10.5% increase from 2020.
Fatal car accidents are more common than most people think. This is why it is important to know that you are not alone if a loved one dies in a car wreck.
You’re probably feeling overwhelmed with a multitude of emotions, including shock, anger, and grief. Since there are many things that you need to do and decisions you need to make, it’s also normal to feel stressed.
To make things a bit easier for you, we’ve written a guide that breaks down what happens when you lose a loved one in a car accident. Keep reading to find out more.
Speak With a Doctor
You will need to speak with a doctor after your loved one has died in an auto accident. This is a necessary part of the process of determining the cause of death and documenting any medical treatment received.
The doctor will probably want to review the medical records. This includes any reports from emergency medical services. They also might need to conduct a post-mortem examination to understand the cause of death.
When speaking with a doctor, make sure to be clear and honest about the events leading up to the accident and any medical treatment that your loved one received.
You will also need to ask questions and clarify any information that you are unsure about.
Some common mistakes that people make when speaking with doctors after an auto accident include not being patient, and not asking questions to determine the cause of death.
The At-Fault Driver Might Face Charges
In the event of a fatal car accident, the driver determined to be at fault may face criminal charges. The reason for this is that reckless or negligent behavior while operating a vehicle is a crime.
For example, if the driver was eating or using their cell phone, prosecutors might charge them with reckless driving.
And if the driver was speeding or disregarded traffic laws, authorities might charge them with vehicular manslaughter.
But it is not always the case that the at-fault driver will face criminal charges. The decision to press criminal charges depends on several factors, such as the severity of the crime and the evidence that’s available.
Hire a Wrongful Death Attorney
If someone you love has been killed in a fatal car wreck, you should consider hiring a wrongful death attorney.
Keep in mind that these types of cases are often extremely painful. This is why it is a good idea to hire a legal professional who is compassionate and has a deep understanding of how the wrongful death process works.
They will help you to build a solid case, put together important evidence, and undergo negotiations with an insurance company’s lawyers and adjusters.
Your Attorney Will Seek to Recover Damages
Your attorney may seek to recover damages on behalf of family members who have lost a loved one. The purpose of doing this is to compensate the client for the losses they have suffered as a result of the accident.
Damages can help to address financial losses, such as lost income, medical expenses, and funeral costs. They will also address non-economic losses, such as emotional distress, loss of companionship, and pain and suffering.
If the liable party is somebody who has limited assets, the value of the wrongful death claim will also be limited.
On the other hand, if the liable party is a large corporation with significant resources, the value of the claim may be higher.
State laws also play a role in determining the value of a wrongful death claim in a car crash. Some states have caps on the amount of damages that families can recover.
This can limit the value of a claim. An experienced attorney can help to evaluate the specific circumstances of the case and provide guidance on the potential value of the claim.
What to Know About Insurance Companies
Insurance companies may try to short-change the family of your loved one. This is because their primary goal is to minimize their financial liability.
This could mean that they offer a low settlement amount, dispute the validity of the claim, or delay the payment of the settlement.
Insurance companies might also argue that the deceased was partially or fully responsible for the accident, or that the medical expenses or other damages are not covered under the policy.
They may also try to find ways to minimize the value of the claim. They might do this by questioning the extent of the damages or the need for ongoing medical treatment.
It’s important to be aware of these tactics and to have an experienced attorney who can help to ensure that you receive the full compensation that you are entitled to.
An attorney can help to negotiate with the insurance company and present a strong case for damages. They will also fight for the rights of your loved one’s family in court.
If you are not sure how to find the best possible attorney, consider looking at online reviews. It is important to choose an attorney who has plenty of experience.
What to Expect if Your Loved One Dies in a Car Crash
If your loved one dies in a car crash, it is important to know what to expect.
It’s necessary to speak with a doctor and understand that the at-fault driver might face charges. It’s also important to hire an experienced lawyer.
Keep in mind that RHINO Lawyers is here to support you and to help you during this difficult time. Don’t hesitate to contact us to get started today.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Vicarious Liability and How It Applies to Medical Malpractice Cases
There are more than 1.3 million lawyers currently working in the United States. While that is a large number, not all of those lawyers will be good choices for you, especially when it comes to medical malpractice cases. This is why it is important to be familiar with the law, especially vicarious liability.
But what should you know about this liability law along with medical malpractice laws? How do these two factors relate to each other? Keep reading and learn more about vicarious liability and how it relates to medical malpractice cases.
What You Need to Know About Vicarious Liability
Liability is all about holding someone responsible for their actions. Medical malpractice involves a medical professional harming a patient in some way, generally as a result of negligence. Usually, in medical malpractice cases, the medical professional in charge of treating a patient is the one who is liable for whatever damage or injury affected the patient.
However, this is not always the case. In some cases, people or entities may also be accountable for medical malpractice even if they were not the ones to directly harm the patient. But how can this be, you might ask?
This is what vicarious liability is all about. There are some cases in which some people may be “assigned” liability in a medical malpractice case. For example, suppose you are the employer of a doctor who has just been involved in medical malpractice.
As the employer of that doctor, you may be accused of medical malpractice even though you yourself did not do anything of the sort due to vicarious liability. This may seem unfair in some cases, but when considering the big picture, vicarious liability can actually be extremely fair. Sometimes, entire entities such as hospitals can be involved in vicarious liability.
After all, the hospital was the one to hire the doctor who committed medical malpractice, and both the hospital and the doctor make money off of treating patients.
The Details
It only makes sense that both the doctor and the hospital should be accountable for medical mistakes. For that reason, it is very important that employers and even entire hospitals are very careful when hiring medical professionals.
If a doctor has a history of medical malpractice, then it would not be in a hospital’s interest to hire that doctor. After all, there is no telling whether that doctor will be involved in another medical malpractice case again. This is not to mention that the definition of medical malpractice can be quite vast.
This is because there are many things that could be considered medical malpractice. For example, diagnosing a patient incorrectly can be considered medical malpractice. This is also the case if the doctor neglects to perform certain tests or performs incorrect tests that result in harm.
Whatever the case, vicarious liability can become a problem for many more people than just the doctor who committed malpractice in the first place. When you are a patient suffering from the consequences of medical malpractice, you have rights that you can lean on to get you the compensation you deserve.
But where should you start?
Get the Right Lawyer to Represent You
When a doctor fails to treat you properly, you can suffer from a wide range of consequences. This, of course, is not fair to you. Medical professionals have a responsibility to help their patients.
When they fail to do this, it is important to use your legal rights to set things right. Depending on the medical malpractice case, you may be eligible for a significant amount of compensation. The first thing you need to do is make sure you have the right lawyer to represent you.
There’s nothing worse than unintentionally hiring the wrong lawyer for the job. If you do that, you might not end up with the compensation that you deserve. But when you get the right lawyer on your side, the entire process will be much smoother for you.
One of the main responsibilities that your lawyer will take care of is determining who is responsible for the medical malpractice that is the subject of your case. Of course, the medical professional who was treating you, or rather failed to treat you, would be one responsible party.
But with vicarious liability, several other people or entities may be responsible, including the individuals and entities that employ the medical professional who committed malpractice.
What You Need to Know
Once your lawyer determines who is liable, the lawyer can then start figuring out how to get you the compensation that you need and that is equal to the damages that you suffered. When choosing a lawyer, always be sure to choose one that has previous experience with medical malpractice cases. That way, the lawyer will have a better understanding of the process and what it involves.
The lawyer will also have a better idea of how to win the case and get you the appropriate compensation. Depending on the complexity of the case, it may take a while or it may be relatively quick. Whatever the case, as long as you have a good lawyer on your side, you won’t have to do the heavy lifting and you can focus on the end goal of compensation and getting back on your feet during these difficult times.
All About Vicarious Liability
Vicarious liability plays a significant part in medical malpractice cases. If you are a victim of medical malpractice, it is important to have the right representation.
To learn more about seeking representation, contact us here.
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Is it Illegal to Ride a Bicycle While Under the Influence?
About 130,000 bicycle-related injuries happen every year on the road. At least 1,000 cyclists die every year from bicycle-related incidents. One-third of those deaths correlate directly with bicycle riders having alcohol in their system.
What can we do to prevent further injury and harm to communities as a result of bicycle-related incidents? To keep roads safe for both cyclists and automobile drivers, knowing the laws for safe road practices remains essential.
When you ride a bicycle under the influence, you put yourself as well as others, drivers and pedestrians, at risk for serious injuries and even death. We have the power to prevent this! Read on to learn more about the laws and legal repercussions for bicycle-related DUIs.
Bicycle Laws Explained
While riding bicycles counts as a casual, leisurely activity, many states have laws in place to keep riders safe. Certain laws dictate whether cyclists can bike on a sidewalk as well as the provision of special bike lanes. There are laws in place for drivers to allow space for bike riders, such as passing laws.
Let’s briefly look at an overview of what some of these laws are. Keep in mind, that these laws may vary depending on which state you live in.
Basic Vehicle Laws
Many states legally classify bicycles as vehicles. When the state grants a bike legal status as a vehicle, riders fall under the responsibility to follow the same laws as cars on the road. Also, cyclists can ride in the middle of the road or road lanes as permitted, so long as they honor the same traffic rules.
What does this mean? Essentially, in states where bicycles have the legal status of vehicles, bike riders cannot pass through traffic lights or stop signs. They also legally need to be riding in the same direction as traffic. To keep all riders and drivers safe, laws exist to ensure cyclists maintain proper traffic patterns.
Passing Laws
Vehicle drivers, in areas that have passing laws, need to maintain a minimum distance of 4 feet from other vehicles on the road. This keeps bicycle riders safe from bodily harm, and it maintains general safety on the road for everyone.
If cars need to pass by bicycle riders, they need to keep that four feet distance. Bike riders also need to signal to drivers when they want to pass and when they are about to make turns.
Bicycle Lanes
Laws also regulate and control where cyclists can ride. Many cities in America built designated bicycle lanes to allow cyclists to remain separate from cars. This enables them to ride on most roads, as riding on the sidewalk is illegal for any bike rider over the age of 13.
Bicycle lanes keep riders safe from driving cars on the road. It also keeps pedestrians safe from accidents involving bicycle riders.
Learning More About Bicycle Safety
Cities tend to have a higher percentage of bicycle riders than suburban or rural areas. Because of this, a lot of cities have a large community and cultural support network for new and experienced cyclists.
The city of Philadelphia has a significant amount of (arguably too much) car traffic, and very narrow roads. For this reason, it has a reputation for being one of the most bicycle-friendly cities in America.
The website for the Bicycle Coalition of Greater Philadelphia offers a valuable resource for bicycle-related education and safety. However, the laws discussed directly relate to local city laws and Pennsylvania state laws. Visit their website using this link.
Is It Illegal to Ride a Bicycle Under the Influence
Short answer: basically, yes. However, whether or not it’s considered a DUI on a bike largely depends on local and state laws about bicycles. As mentioned already, some states legally consider a bicycle on the street as a vehicle. This is not a universal standard federally, so knowing which laws apply to you involves familiarizing yourself with bike policies where you live.
If the law classifies a bicycle as a vehicle in your state, then you could be charged with a DUI for riding a bike under the influence. What does this mean?
If you get charged for a DUI while riding a bike drunk, you could suffer the same legal repercussions typical for drunk (car) drivers. This could range from hefty fines to serving up to a year in prison. In most cases, a first offense only counts as a misdemeanor.
Isn’t that a Bit Much
Bicycle advocates would say that, yes, those consequences seem a bit excessive. Even with the dangers of being intoxicated while on the road, bikes pose far less danger than large motorized vehicles. More likely, drunk bikers are the biggest danger to themselves.
Don’t underestimate the threats posed by drunk bike riding, though, especially at night. While crashing into a bike causes less physical damage, it still causes serious injuries to pedestrians and even car drivers. Someone driving a car who gets cut off or unexpectedly hit by a cyclist could involuntarily react and cause a major collision.
For bike riders, riding a bike home while drunk often becomes the alternative when leaving the bar or a party. Because people consider it safer than driving a car under the influence. But riding a bike drunk puts the cyclist in considerably more danger than if they ride while sober.
Legal Repercussions When Not a DUI
If you happen to live in a state where bicycles do not count as vehicles, or DUI laws explicitly apply to “motor vehicles,” then you still could face legal repercussions. In these cases, you would receive less serious charges. Penalties specifically for bike riders include paying a fine or having your bike impounded.
Riding a Bike Under the Influence in Florida
Incidentally, in Florida, bike owners must follow the same driving laws as car owners. Essentially, Florida courts consider the bicycle legally as a vehicle. Because of that, riding a bicycle under the influence carries serious consequences.
First-time offenders get slapped with a fine of about $1000, and they might have to serve time for up to six months. However, they’d only be charged with a misdemeanor. Bicycle owners may also be required to undergo a psych evaluation.
However, by the third or fourth offense, they could be charged with a felony. Convicted felons have to deal with life-changing consequences such as longer sentencing in jail, losing certain rights, as well as social and professional troubles.
Get Help If You Have Been Injured By A Cyclist Under The Influence
If you or someone you know finds themselves injured by a cyclist under the influence, our attorneys focus on these cases.
Let us help you! Visit us on our site today for our services and expertise.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Medical Malpractice Lawsuit Requirements in Florida
When you go to a doctor, you expect the very best treatment, but what happens when your doctor’s negligence injures you? Unfortunately, this is a common occurrence.
According to a John Hopkins study, over 250,000 people die from medical errors each year, while other reports claim the number is as high as 440,000. Medical malpractice can occur in many places, including, a doctor’s office, clinic, hospital, or local pharmacy.
If your injuries or health issues are the result of a doctor’s poor judgment or medical error, you may want to pursue a medical malpractice lawsuit.
Here’s a look at how medical malpractice cases work.
Types of Medical Malpractice
Several types of medical malpractice can cause significant injuries. Some examples of malpractice include:
Failure to Diagnose
This type of malpractice occurs if your doctor fails to provide an accurate diagnosis for your condition. A medical condition can worsen when there is a significant delay between diagnosis and treatment.
Surgical Errors
This type of malpractice occurs when a doctor makes a mistake during a surgical procedure. Examples include anesthesia mistakes or operating on the wrong patient or body part.
Missed Laboratory Results
Doctors use laboratory results for proper diagnosis and treatment. When a caregiver fails to inform you, misreads, or mixes up test results, it can be negligence.
Wrong Medications
Receiving the wrong medication or not receiving the medication you need can mean the difference between life or death. If a doctor prescribes the wrong medicine, the wrong dosage, or a drug that contradicts your medical history, you may have grounds for medical malpractice.
Insufficient Aftercare
Aftercare following a surgical procedure is a necessary part of the healing process. If your doctor fails to provide aftercare and your condition worsens, they could be held liable.
Failure to Take Accurate Patient History
Taking a thorough patient history provides valuable information that can determine a doctor’s course of care. Failure to ask about or review a patient’s history can put a patient’s health at risk.
There are additional types of medical malpractice, including birth injuries and countless others. In many cases, the injury may be a result of multiple missteps from a healthcare provider or medical facility.
If you’ve suffered an injury due to the negligence of a medical provider, you have rights. You may have grounds to file a claim or personal injury lawsuit against the healthcare provider, medical facility, or its parent company.
In some cases, you may believe that a doctor committed an error, when in fact a manufacturer of a defective medical device or product may be to blame.
Professional Standard of Care
When you go to a doctor or a hospital, you expect a professional standard of care. You have the right to sue the hospital, doctor, surgeon, or other medical professionals if you are injured by their negligent care.
To receive compensation for your injuries in a Florida malpractice case, you must show the following:
- A healthcare professional had a duty to provide a certain standard of care
- The healthcare professional’s care fell below the standard of care
- Due to their negligence, you suffered an injury the law recognizes
- There’s a connection between the breach of care and your injury
What standard of care should medical professionals meet? The law doesn’t require perfection. Even if you’re injured in a doctor’s care, they are not automatically liable for your injuries.
You must prove the healthcare professional failed to meet the prevailing standard of care. This means that after considering all the facts, your doctor or another healthcare provider fell below the standard of a similar medical professional in a similar situation.
Statute of Limitations for Medical Malpractice
The statute of limitations is the time period in which you have to bring a lawsuit. The statute of limitations for medical malpractice is two years from the date you knew or should have known of the potential medical malpractice.
Although this seems like a long time, the sooner you consult a medical malpractice lawyer, the better. The discovery process in a medical malpractice case takes time.
As time goes by, evidence can become misplaced and memories fade. If you’ve suffered injury or harm due to the negligence of a medical practitioner, consult a personal injury lawyer as soon as possible.
Recoverable Losses
The recovery you could receive in a medical malpractice case depends on the circumstances of your case. Damages may include compensation for your medical expenses in the past and future, lost wages, diminished earning capacity, and pain and suffering.
After a medical malpractice lawyer has time to evaluate your case, in some circumstances they may be able to give you an estimate of the value of your claim. However, every case is unique and oftentimes the value of the claim is unknown until the lawsuit has time to unfold and the lawyer has the ability to learn more about the strengths and weaknesses of your claim.
Liability in a Medical Malpractice Lawsuit
Medical malpractice cases can be highly complex. It takes a skilled attorney to navigate Florida medical malpractice laws and evaluate every detail of your case.
It can be difficult to establish liability in some cases. For example, if you receive the wrong medication or the wrong dose, there may be more than one person accountable for the error such as a doctor, nurse, or pharmacist.
Trying to examine the details of your own case can be stressful and exhausting. Don’t try to handle your claim on your own. You need a professional in this area of medical malpractice to fight for your rights and offer the best chance for maximum compensation.
Understanding Medical Malpractice in Florida
If you’re a victim of medical malpractice, you may be overwhelmed with recovering from your injuries and wondering what comes next. You may wonder if you should file a medical malpractice lawsuit.
The worst part is knowing that a medical professional you trusted is responsible for your injuries. If you’re facing this situation, you have rights.
You may be entitled to compensation for your medical bills, lost wages, pain, suffering, and more. At RHINO Lawyers, we work hard every day for victims of medical malpractice, and we’d love to help you.
Contact us today to schedule a free case evaluation.
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Why Didn’t My Airbags Deploy in My Crash? What Do I Do?
According to the National Highway Traffic Safety Administration (NHTSA), it only takes a properly functioning airbag 1/20th of a second to inflate. In fact, in the past 20 years, airbags have saved over 50,000 lives.
But what if your airbags didn’t deploy during an accident? Do you have a case?
The answer is yes. You might have a case if the airbags failed to inflate upon impact. You could pursue legal action against the car manufacturer, airbag manufacturer, or another party.
Here’s what to do if your airbags didn’t work when you needed them most.
Steps to Take If Your Airbags Didn’t Deploy
After any car accident, it’s a good idea to seek medical attention if you feel pain or notice any injuries. If your airbags fail to deploy and you’re not seriously hurt, here are a few steps you can take to protect your rights.
Report the Accident
You should notify the police immediately after an accident, especially if you experience an airbag malfunction. Make sure the officer includes this detail in their report.
Document What You Can
It’s normal to feel overwhelmed and flustered following an accident. Try to remain calm and document the following:
- Details of the crash including the location, your speed, traffic signs, etc.
- Take photos of the scene, vehicle damage, and injuries
- Get the contact information for any witnesses
Consult a Personal Injury Lawyer
Defective airbag claims are complicated. It takes an experienced product liability lawyer to understand the complexity of this area of law.
Your attorney can help you navigate the legal process and pursue the compensation you deserve. You may be able to file a lawsuit against the manufacturer and collect damages from the “at fault” driver as well.
Your attorney will examine all the evidence in your case to determine the best steps forward.
Why Didn’t My Airbags Deploy?
Unfortunately, airbags don’t always work perfectly. For example, Takata airbags have been recalled due to defects that killed several people, rather than saving them.
Airbags are designed to deploy during moderate and serious crashes. For various safety reasons, they do not deploy in every type of accident.
Whether an airbag deploys depends on various factors, including:
- The speed the vehicle is traveling
- The location of the crash sensors
- The direction of the impact
- The airbag system’s design
- The other vehicles involved in the crash
There are multiple reasons an airbag may fail to work properly. It’s important to talk to an experienced car accident attorney to discuss the details of your accident.
If your airbags should have deployed during a crash but did not, your attorney will investigate to determine the actual cause of airbag failure.
Some common reasons for airbag failure include:
- Computer issues
- Previous crashes
- Defective crash sensors
- Design or manufacturing defects
- A minor crash
- A child in the front seat
Airbag Malfunctions
If an airbag fails to deploy, it can lead to serious or devastating injuries. Airbag malfunctions can injure drivers and passengers. Some malfunctions include:
- Failure to deploy
- Aggressively deploying
- Deploying at the wrong time
- Deploying too late
- Exploding airbags
Airbag Injuries
Airbag malfunction is a serious problem that can result in serious injury or death. Airbags that deploy in the wrong way or at the wrong time can lead to even worse injuries for drivers and passengers.
In extreme cases, airbags can explode, sending shrapnel flying through the vehicle. This can lead to devastating injuries or death for anyone in the vehicle.
Some common airbag injuries include:
- Facial lacerations
- Broken bones
- Chest injuries
- Skin scarring
- Neck and back injuries
- Spinal cord injury
- Head injuries
- Internal bleeding
- Fractured ribs
- Punctured lungs
The most common injuries from airbag malfunctions are head and facial injuries. The airbag is designed to protect your face and head during a crash.
Without the cushion of the airbag, your head and face can violently impact the steering wheel or window. This can lead to serious facial injuries and life-threatening trauma.
Strict Liability
A product manufacturer may be liable for any damages that occur due to a defective product. Even if the manufacturer isn’t aware of the issue and could not have prevented the defect, they may still be liable.
Negligence
An airbag may fail to deploy if someone damages it or tampers with it during a repair. For example, a mechanic may mishandle the airbag or damage a replacement airbag during installation.
To prove negligence, your attorney must show that the defendant owed a duty of care and failed to provide it. They must show the breach of duty caused your injury.
Breach of Warranty
In a breach of a warranty claim, you must show the manufacturer has breached an implied warranty or express warranty. These cases are rare and complicated.
It takes an experienced personal injury with knowledge of warranty claims and the laws related to warranty breaches to handle these types of cases.
Hire the Best Personal Injury Lawyer
If you’ve been injured due to a faulty airbag, you may be dealing with medical bills, lost wages, and emotional pain and suffering as well. We understand what a stressful and difficult time you’re facing.
If your airbags didn’t deploy, hiring a personal injury lawyer is the best next step. Airbags are in place to protect you. If they don’t, you have rights.
Our team at RHINO Lawyers wants to help! We will talk with you and evaluate your claim. And we don’t get paid unless you win your case.
Contact RHINO Lawyers today to schedule a free case evaluation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More