Recognizing a Fair Settlement Offer
Only about 5% of personal injury cases go to court – the rest are settled. Have you received a settlement offer for your personal injury case?
Not all settlement offers are fair. It can be difficult for the average person to discern whether or not a settlement offer is reasonable or if they should make a counteroffer. How can you tell?
We’re here to talk about it. Read on to learn all about how to decide whether or not a settlement offer is appropriate and how to handle it if the offer is too low.
Are All Settlement Offers Fair?
Many people trust that any settlement offer is going to be fair. As a result, they accept the settlement offer without question. This is a huge mistake, and it’s one that insurance companies rely on when it comes to car accident cases.
Settlements generally happen when the defendant is clearly in the wrong and could potentially be on the hook for more damages. The settlement is generally lower than what the plaintiff can receive if they were to continue with the case and go to trial.
Legal professionals and insurance companies know that many plaintiffs aren’t interested in going through the stressful negotiation or trial process, so they’re likely to accept a settlement that seems “good enough.”
“Good enough” might be fine for some people, but depending on the extent of your injuries and other accident-related costs, it may not be sufficient. You shouldn’t feel pressured to accept an offer that doesn’t seem fair.
So how do you determine whether or not it’s fair?
What Was the Extent of Your Injuries?
First, consider your injuries. You need to document the time and money that you spent on doctor’s visits, hospital treatment, and even time lost from work as a result of your injury (if applicable).
If your accident resulted in mental distress and you chose to seek therapy or another form of psychiatric treatment, that also counts.
Make Sure You Seek Treatment
When you experience a personal injury accident, make sure you seek professional treatment. You’re going to need documentation of all of your injuries as well as the cost of your care.
While seeking treatment, if you’re not completely healed, try to gauge future medical costs. Remember, if you’re seeking damages before you’re done with treatment, you may end up not getting everything that you deserve or need.
Is There Property Damage to Handle?
Aside from medical costs, consider any relevant property costs. Was there damage to your vehicle? What about your home or any of your other belongings?
Many people forget about property damage costs when they’re burdened by medical costs, but the settlement should take them into consideration.
Does the Settlement Include Economic and Non-Economic Damages?
Most settlements will, by default, cover at least some of your economic damages. But what about your non-economic damages?
Non-economic damages are pain and suffering. Not everyone is able to receive compensation for this, but it never hurts to try. If the settlement does include payment for pain and suffering, it’s more likely to be fair.
Talk to Your Personal Injury Lawyer
Unless you’re very well-versed in the law, it’s likely that you won’t be able to determine whether or not your settlement offer is fair on your own. It’s best to have an experienced personal injury attorney on your side to help.
A good attorney knows all about the tactics that other attorneys use to offer unfair settlements. They can look at the settlement objectively to determine if it’s going to cover everything you need.
Your lawyer may decide that the settlement is unfair and that they’ll be able to negotiate something better. They may also decide that you need to go to court if you want to receive proper compensation.
On the other hand, the attorney may also decide that the settlement may be low, but that it’s also likely as good as it can be. They may decide that going to trial would not be worthwhile given the other details of your case.
If you’re lucky, they may determine that the settlement is perfect as-is. Regardless, it’s best to let them look it over before deciding whether or not to accept the settlement.
How to Respond to a Low Settlement Offer
So what happens if the settlement offer is too low?
First, remain calm. This happens all the time and it’s nothing to worry about. Your lawyer understands that low settlement offers are part of the process and they know what to do.
Make sure you’ve provided all possible evidence that could improve the settlement offer. If you’re not sure whether or not a piece of information would help, talk to your lawyer.
Work together with your lawyer to develop a counteroffer. The lawyer will ensure that the counteroffer is reasonable and fair (and thus more likely to be accepted).
You should have your lawyer put your settlement rejection in writing.
You Don’t Have to Accept a Low Settlement Offer
Not every settlement offer is going to be a fair one. If you’ve received a low settlement offer, you can counteroffer to get the compensation you deserve. Keep this list in mind when you’re trying to decide whether or not a settlement offer is fair.
Are you a victim of a personal injury incident? If so, we want to meet you and help you get compensation. Schedule a free virtual consultation 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 equipo de lesiones personales 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.
Leer más
What Is Causation in Medical Malpractice Case?
Patients are often shocked to discover that medical errors are the third-leading cause of American deaths. However, that doesn’t mean that each death is considered medical malpractice.
This is, in part, due to something called causation. Causation is one of four factors plaintiffs must establish when opening medical malpractice cases.
What is causation and how can you prove it? What is the difference between factual causation and legal causation and why are both significant to your case?
Your Tampa medical malpractice lawyer is here to explain it all. Read on to learn more about causation in medical malpractice cases.
The Four Elements of Negligence in Medical Malpractice
To the victim of medical malpractice, the facts of the case may seem pretty cut and dry. You know what happened to you and you know that you were harmed by a medical professional’s action or inaction. That said, your case will have to satisfy the four legal standards of medical malpractice in order to succeed.
Duty of Care
First, you will need to demonstrate that the defendant owed you the duty of care. Typically, as long as you had a scheduled appointment with the defendant when the negligence occurred, this is simple to do. However, if a medical professional offered you bad advice in passing or “off the clock,” they did not owe you the legal duty of care.
Breach of Duty of Care
Next, you will need to demonstrate that the defendant breached the applicable standard of care when treating or diagnosing you. This means that another medical professional, under similar circumstances, would reasonably have acted to prevent the injury or illness you are now experiencing.
Damage Sustained
Medical professionals make inconsequential mistakes on a regular basis. Making a mistake is not enough to produce significant medical malpractice case results. You must demonstrate that due to the breach of duty of care, you are now suffering from a serious illness or injury.
Causation
Finally, you must demonstrate causation. In the simplest terms, causation shows that the defendant’s negligence caused the damages you’ve sustained.
What Is Causation?
In some cases, causation seems quite clear. If a surgeon amputated the wrong leg, it’s self-evident that their negligence caused you to lose that leg. However, causation in medical malpractice cases is rarely that simple to prove, in part because you must demonstrate both actual and legal causation.
Factual Causation
They often refer to factual causation as cause in fact. This means the defendant’s actions or inactions caused factually the damages sustained by the plaintiff. For example, if a doctor failed to screen you for cancer at an early stage. Then the cancer advanced without any treatment. Now there is factual causation due to the lack of treatment because the doctor did not catch it earlier.
Legal Causation
Legal causation is also referred to as proximate causation. This means that the damages sustained by the plaintiff were caused by the defendant and were a foreseeable result of the defendant’s actions or inactions. Continuing the above example, if you were exhibiting symptoms of cancer and have a family history of cancer and your doctor failed to screen you for cancer, your current state was a foreseeable result of that failure.
How Is Causation Proved in Medical Malpractice Cases?
The best thing that you can do before filing a medical malpractice claim is to hire an experienced medical malpractice attorney. With their help, you can begin to compile the evidence needed to build a strong case. Let’s take a look at some potential sources of evidence your attorney will use to represent your claim.
Medical Records
Your attorney will need to compile an extensive record of your experiences with the defendant. This includes records of every appointment you had with that doctor that contributed to your current damages. It will also include any records demonstrating your current state of health, whether or not they were with the defendant.
Witness Testimony
Witness testimony is a useful piece of evidence to have in a medical malpractice case. However, witness testimony can be hard to come by, as any other medical professional who witnessed the medical malpractice (i.e. nurses or lab technicians) may not be willing to testify against a colleague.
Expert Testimony
An experienced medical malpractice attorney will know the appropriate expert witnesses to call upon in your medical malpractice case. Expert witnesses are often medical professionals from a relevant field who can testify that your damages were reasonably foreseeable. This testimony is one of the building blocks of establishing the breach of duty of care and legal causation.
How Clear Does Causation Need to Be to Win?
People are often familiar with the phrase, “beyond a reasonable doubt,” which is applicable to criminal cases. Medical malpractice falls into the territory of civil court, where you must satisfy the standard of the preponderance of the evidence.
In order to do so in cases of medical malpractice, you will need to demonstrate that your claims are more than 51% likely to be true. Keep in mind that Florida recently adjusted their medical malpractice statute of limitations from four years to two.
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 equipo de lesiones personales 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.
Leer más
What are Florida’s Electric Bike Laws?
They’re green, energy efficient, and a nice way to get around town. Plus they’re just fun to ride.
Electric bikes in Florida have become a staple for some, whether to commute or just get fresh air. They can reduce traffic in your area when implemented, making them an attractive option for state politicians. But what are the Florida electric bike laws?
As great as these green transport options are, it pays to know the electric bike rules before you buy one. Join us in this guide as we discuss Florida’s electric bike laws.
Florida Electric Bike Laws: Can You Own and Operate an E-Bike Without a License?
The first question is where an e-bike falls in terms of transport definitions. Most bikes are in an awkward place between pedestrians and vehicles.
Since they’re larger than a pedestrian but slower than a vehicle, this makes it difficult for lawmakers to classify them. For this same reason, it can be frustrating for drivers to share the road with them. They’re much slower and smaller, but they still have the right to be on the road.
E-Bike Classification
E-bikes aren’t that much faster than normal bikes, even with pedal assist. This makes it easier to fit them into a similar definition as a bike. Here are the e-bike classifications:
- Class 1: an electronic bike, with pedal assist, that can reach up to 20 mph
- Class 2: an electronic bike, with a motor alone, that can reach up to 20 mph
- Class 3: an electronic bike, with pedal assist, that can reach up to 28 mph
An e-bike needs to fit into one of these three categories to make the definition. The 28 mph ceiling is what keeps an electronic bike in the definition of an e-bike. As long as it does not travel above 28 mph, you can own and operate one without a license.
However, once an e-bike travels above that speed, it becomes a “Class E moped.” This does, unfortunately, require a license. You will need to register this “vehicle” and this particular e-bike would not be subject to e-bike laws.
Are There Any Rules for Operating an E-Bike?
Like a bicycle, Florida has minimal restrictions and requirements on e-bikes. There used to be an age limit of 16, but Florida removed this. Now, anyone of any age can ride one.
Since there is no need for a license and registration, you can purchase an e-bike and take it out onto the road immediately.
Further, there are no requirements to wear a helmet. However, even if no law forces you to do so, you can and should wear a helmet any time you ride your bike. Head injuries are not a laughing matter and could cause you lifelong issues.
Insurance is not required on an e-bike. But as with any expensive purchase, this is advisable.
Classification Label
Last but not least, an e-bike needs to display its classification–if it was manufactured after January 1st, 2021. This classification should show clearly what class it falls into class 1, 2, or 3. The label should be permanent.
Not only that, but this label should show how fast the bike can go at top speed. It should display the estimated wattage. It needs to mention any modifications that there might be.
In short, Florida e-bike laws allow you to ride your bike as you please. No age requirement, license, registration, or helmet is required. As long as you can show this sticker to authorities, you’re in the clear.
Where Can You Ride an E-Bike?
While e-bikes can go a bit faster than bikes, they don’t get special privileges. You can only ride an e-bike in the same way you might a regular bike. It’s advisable to stick to sidewalks and crosswalks, but you can ride in the street if you desire.
Stay to the shoulder of the road, use hand signals, and be very defensive and aware. Cars may have trouble seeing you, so it’s up to you to protect your own life.
Do NOT take your e-bike on highways or freeways. Avoid congested areas with heavy traffic. Walk your bike across any legitimate crosswalk, and check both ways before you do.
Again, wear a helmet to protect yourself, and be alert at all times. An e-bike is great fun to ride but take all necessary precautions.
What Do You Do in the Event of an E-Bike Accident?
As with any accident, you should call the authorities and gather evidence. Take pictures of any damages or injuries, and get the contact information of the other involved party.
An accident lawyer can help with an e-bike accident, believe it or not. Drivers tend to be very careless with bicycles as much as e-bikes. You have every right to be on the road, and an accident attorney can fight your case.
After you have contacted the authorities, gathered information, and treated any injuries, contact an accident lawyer.
If you have suffered a personal injury as a result of driver negligence, you deserve compensation. Their insurance company might try to get out of paying you for damages. An accident lawyer can represent you and obtain the best compensation possible.
Find an Accident Attorney in Florida
Electric bikes are a fun way to save the environment, reduce commute times, and get some fresh air. However, Florida electric bike laws are very clear on what an e-bike is, and what rules pertain to it. Take extra care to make sure you have a classification sticker and that you obey the rules of the road.
Accidents happen, but they don’t need to end in tragedy when the other party tries to cheat you. An accident lawyer is on standby ready to fight your case. Contact RHINO Lawyers and get a 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 equipo de lesiones personales 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.
Leer más
What Are the Effects of a Stroke?
Strokes are an all-American scourge. Every 40 seconds, someone in the United States has a stroke. Strokes are one of the leading causes of long-term disabilities.
Yet you’re not helpless after a stroke. You can get effective stroke treatment as long as you study the effects of a stroke and look at treatment options. Start with the most prominent effects.
How can a stroke affect your body and mind? Who can you get treatment from, and what types of stroke therapies can you get? What are some of the long-term or permanent effects of a stroke?
Answer these questions and you can find your path ahead after a stroke. Here is your quick guide.
Paralysis
The left side of the brain controls the right side of the body, and the right side of the brain controls the left side of the body. After a stroke, some people are completely paralyzed on one side. They are not able to move their arm or leg, even if they can move their other arm or leg.
Other people have difficulty moving, but they can feel certain sensations. They may be able to feel hot or cold or feel objects on the tips of their fingers.
People can experience other problems like an inability to balance or coordinate their bodies. Strokes can confine people to wheelchairs or require them to use walkers.
Proper stroke treatment for paralysis requires physical therapy. Many patients learn how to move their limbs and coordinate their bodies, even if their brains have not completely healed.
Vision Problems
A stroke on the right side of the brain or in the cerebellum can cause vision problems. Some people are unable to see while others experience blurred vision or double vision. A person’s eyes may be fine, but their brain is unable to process the signals sent to it from the eyes.
Visual perceptual skills relate to how you pay attention to objects in your vision field. Even if you are able to see, you may not be able to focus on objects in front of you or notice things on the ground.
Visual perceptual problems can be hard to notice. But you should receive physical and occupational therapy for them as soon as an eye doctor evaluates you. Therapy can include solving puzzles and mazes, requiring you to follow where you are going and memorize visual cues.
Some people may have permanent vision problems. Yet they can receive glasses and surgery to correct issues with their eyes.
Memory Problems
Strokes in any part of the brain can cause memory loss. However, stroke survivors experience many different types of memory problems.
Many people are unable to remember events from before their strokes. Looking at photographs or talking to people may help them jog their memories, but they may not be able to recall things perfectly. Stroke survivors may be unable to remember what happened immediately before, during, and after their strokes.
Some stroke survivors may struggle to remember words. They may not know what certain words mean, and they may misuse words while they are talking because they mix the definitions of words up.
Other survivors struggle with following instructions. They may be told to do something, then they forget what to do.
30% of stroke survivors develop post-stroke dementia. In addition to memory loss, people with post-stroke dementia experience cognitive problems like confusion and difficulty making decisions.
Memory problems can be hard to treat. Playing memory games and adopting a routine with repetitive tasks can help. Yet some people experience permanent memory loss, even with proper stroke treatment.
Behavioral Changes
A stroke on the left side of the brain can cause someone to become cautious. They may find it difficult to make decisions. They may seem depressed, and personal obstacles can become overwhelming.
A stroke on the right side of the brain can cause an individual to become reckless. Someone may be quick to make decisions, which can result in rushes to judgment. Some people act inappropriately or show a lack of concern for their well-being.
Many stroke survivors become withdrawn. They may not want to interact with others, and they may find it hard to maintain conversations.
Speaking to a psychiatrist can help stroke survivors with changes in their mental health and personality. Grounding techniques like deep breathing can calm someone down and help them make good decisions.
Medical negligence is common with behavioral problems. Many doctors assume that the problems will pass or prioritize physical issues.
If your loved one’s behavioral changes are being ignored, you should speak to a mental health professional. You can also approach a personal injury lawyer with experience in negligence.
Issues With Bodily Functions
The brain stem is the part of the brain that controls essential functions like breathing and blood pressure. A stroke in the brain stem can cause significant stroke side effects.
Someone may have difficulty breathing. Their body temperature may rise and fall rapidly.
Many people with brain stem strokes develop comas or conditions like locked-in syndrome. Some people emerge from their comas, but they are unable to walk or breathe without devices.
Issues with bodily functions can surface after medical malpractice. Someone may receive surgery on the brain to remove a blood clot or reduce swelling. If the surgery goes wrong, part of the brain may be damaged.
It is extremely difficult to treat bodily function issues. Some people die due to alterations in their breathing, body temperature, or heart rate.
The Most Common Effects of a Stroke
You can experience many devastating effects of a stroke. Many people experience mobility issues, including paralysis, as well as memory issues. Physical and occupational therapy can help with both of these problems.
Behavioral changes and mental health conditions like depression are also common. Talking to a psychiatrist can be beneficial. But breathing and heart issues are hard to fix, and medical malpractice or negligence can occur with them.
Find medical professionals and lawyers who will get you the treatment you need. RHINO Lawyers serves Florida stroke survivors. Contact us today.
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 equipo de lesiones personales 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.
Leer más
Gallbladder Surgery Errors: What’s Normal?
At any given time, around 20 million Americans have gallstones, according to the National Institutes of Health. Although gallbladder surgery is typically safe, gallbladder surgery errors can lead to serious or even life-threatening complications.
Knowing the difference between gallbladder surgery errors and expected gallbladder removal side effects is key to knowing whether you are entitled to a malpractice lawsuit. To learn more about possible instances of surgical negligence, read on.
What Are Expected Gallbladder Removal Side Effects?
Patients should expect mild side effects following surgery. Anytime a surgeon cuts tissue and removes an organ, minor swelling and discomfort are common.
Common side effects after surgery could include nausea or vomiting due to the effects of anesthesia. If they place a tube in the throat during surgery, patients may have a sore throat.
Swelling and soreness around the incision site are also common. Difficulty sleeping, restlessness, and digestive problems are also common.
Since side effects are typically a normal part of the healing process, they generally do not make patients eligible for seeking liability on the part of a doctor or hospital.
Common Signs of Surgical Errors
Surgical errors can lead to significant complications or even life-threatening medical emergencies during or following surgery.
Did you know that medical errors are the third-leading cause of death in the United States? An average of 250,000 Americans die from surgical errors and other forms of malpractice per year, according to CNBC.
Bacterial Infection
Post-operative infections are a potentially dangerous complication. Typically, the use of antibiotics prevents this complication. But surgical equipment that was not properly sanitized could still lead to a serious bacterial infection.
Shock
Shock refers to a sudden drop in blood pressure. Infection, blood loss, metabolic problems, or brain injury can cause complications. Doctors treat this life-threatening complication through IV drips, providing oxygen, medications, or another form of intervention.
Post-Cholecystectomy Syndrome
Bile leaking in the stomach and other areas can cause PCS. When surgeons leave gallstones in bile ducts it also causes the condition. Luckily, most symptoms are short-lived.
Symptoms can persist for several months, though. Your general practitioner can prescribe medications to relieve symptoms.
Pulmonary Embolism
Sometimes, a clot can separate from a vein. It can then travel to the lungs. This medical emergency can lead to death.
Symptoms include chest pain, difficulty breathing, and an elevated heartbeat. If you experience symptoms of a pulmonary embolism, call 911 immediately.
Adverse Reaction to Anesthesia
Anesthesiologists take great care to prevent reactions to anesthesia. This is often done during your medical exam.
Although rare, some people have allergic reactions to anesthesia. Symptoms range from mild to severe.
Some medications can promptly address these emergencies.
What Can Lead to Surgical Errors?
Doctors are highly trained. They can still make errors, though, or a member of their team may be at fault.
Lack of Proper Preparation
Maybe the surgeon didn’t properly prepare. Surgeons should plan for complications, and the proper tools should be ready beforehand.
Failure to Notice Surgical Errors
Or, the doctor may not notice an error. Doctors receive training to notice and address errors. But this doesn’t always happen.
If a serious error occurs, they may need to perform emergency surgery.
Communication Errors
The doctor’s job is to make sure his or her team has all the information needed to make an operation go smoothly. Teams can be large, though. And this can make preparing everyone a challenge.
Not surprisingly, many surgical errors result from poor communication practices.
Poor Post-Operative Care and Monitoring
Doctors should schedule follow-up appointments. These ensure that patients heal properly.
Poor recovery can lead to complications. This is often because the doctors did not monitor for signs of complications beforehand.
Deep vein thrombosis can develop in a leg vein during recovery. If patients don’t use compression stockings, a clot can travel around the body and cause damage.
Fatigue
Surgeons often work long hours. And they do it in situations of heavy pressure. And when doctors don’t receive enough rest they are at greater risk of making a mistake.
Examples of Surgical Errors that Lead to Complications
Can I Benefit from a Malpractice Lawsuit?
If you suffer from botched gallbladder surgery, our attorneys can help. One of the first steps, once you have contacted our office, is to undergo a medical exam.
During your consultation with one of our attorneys, you will learn the steps of a medical malpractice lawsuit. These steps often include investigation, initial court hearings, discovery, and settlement.
In the event that your case isn’t settled, our experienced attorneys can take your case to trial to earn the highest settlement possible.
Learn More About Legal Remedies to Surgical Errors
Patients should expect mild gallbladder removal side effects. If you suffer from severe complications that result from malpractice, you may be entitled to a settlement.
The monetary award can help you recoup medical fees, pay for corrective surgery, and remunerate you for mental and physical pain and suffering associated with the medical error. To learn more, contact our office today.
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 equipo de lesiones personales 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.
Leer más
What Do You Do if You Are Injured on a Cruise Ship?
Cruise ships. They’re the number one vacation people imagine when they think of luxury and relaxation. But all of that can go downhill in a heartbeat once a cruise ship accident occurs.
You don’t have to look far to find a cruise ship lawsuit. Hundreds of cruise ship accidents have been reported since 2005. While some might say this is a rare occurrence, that information won’t feel any better if you’re among the injured on a cruise ship.
If that day comes, you’ll need a cruise ship injury lawyer. Join us as we discuss what you should do if you’re in a cruise ship accident.
1. Don’t Trust the Cruise Line
Cruise ships are a great vacation option since they’re relatively cheap for what you get. They take care of all your meals and offer affordable on-shore packages for activities. But beneath this veneer of a friendly voyage lies a darker truth: the cruise line doesn’t care about you.
The sooner you internalize this, the better. In the event of injuries, the first thing a cruise line will try to do is persuade you against legal action. And when these crises happen, they will leave you high and dry–literally.
A cruise line is a business with a thin margin. In order to make a profit, they have to minimize liability. Thus, a cruise line will try everything in its power to avoid taking responsibility.
They may try shady tactics such as trying to get you to accept an injury settlement prematurely. They may try to wine and dine you, promising coupons and vouchers. They’ll do anything they can to convince you not to sue.
It goes without saying that you should trust your cruise ship injury lawyer before you trust a cruise line.
2. During the Cruise: Gather As Much Information as Possible
Injuries on a cruise ship vary widely in nature. You may have had a slip and fall by the poolside. Or, you were involved in a large accident such as when your ship runs aground.
The problem is that the cruise line has you isolated on their ship. You often do not have any cell service. At most, you may have the complimentary wifi onboard–or may have to pay to get more.
This makes it difficult to contact the relevant authorities. The cruise line may even advise against letting information spread. They may lead you into a false sense of security that their people can handle the situation.
Whatever the case, gather whatever information you can. You can take pictures on your phone of the place where the injury happened, or the injury in question. You can request documents and information from the cruise line’s help staff.
Note, the cruise line may have its own medical staff onboard. They might offer treatment to you with the hope that you won’t press charges. Demand contact with a lawyer if possible so you can know whether to accept these gestures for the time being.
Do Not Cooperate With Cruise Line Staff Concerning Legal Matters
Again, don’t sign any documents that absolve the line of responsibility. You can accept their apologies in the form of coupons and discounts, but don’t let those sway your decision. Once you leave the ship, you can and should file suit.
Do not work with the cruise line’s lawyers. Only work with a lawyer who is fighting on your behalf and is not paid for by the cruise line.
If at all possible, get in contact with a personal injury lawyer for advice on how to proceed. Every situation is different, so trust the professionals to handle things.
3. After the Cruise: Contact a Cruise Ship Injury Lawyer and Build a Case
No matter what your situation, a personal injury attorney or lawyer can help you build a case.
If this is an accident that only affects you, you definitely need legal assistance. If you try to work this out with the cruise line directly, you will be sorely disappointed.
Their customer service lines will be clogged with calls like yours. It will prove difficult to speak to someone who matters. Even then, that person may not be able to enact meaningful change.
They may make you jump through hoops to prove your case. Oftentimes, their claims department will reject your requests outright. If you struggle to get a refund for a canceled voyage, imagine getting a refund for something worse!
Build a Case Against the Cruise Line
Now that you’re off the ship, your options will expand. With the help of a lawyer, you can request evidence in your favor. This may be camera recordings, witness statements, and other forms of evidence.
You may have to take the cruise line to court and subpoena some information. This may make proceedings drawn out, but it will be worth it in the end.
Remember, the cruise line is trying to mitigate its liability. They will try everything they can to avoid paying you, which is why you need to turn to your lawyer.
In some cases, such as a massive accident, you may want to contact other victims. Having more people who were affected strengthens your case. Work together to make sure you all receive the right amount of compensation.
Contact a Personal Injury Attorney Today
A cruise ship accident may be comparatively rare, but it does happen. The sad reality is that the cruise line itself will do everything in its power to avoid giving you fair treatment. You can and should hire a cruise ship injury lawyer to make sure you get justice and fair compensation.
Not many lawyers can deal with a unique case such as a cruise ship accident. Fortunately, you don’t have to search far for a reliable personal injury lawyer in your backyard. Contact RHINO Lawyers and make the cruise line pay what they owe.
CONTACT A TAMPA Personal Injury ATTORNEY
In short, after an accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our equipo de lesiones personales 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.
Leer más
Birth Injury and Medical Malpractice
A birth injury isn’t a bruise or cut. One in every 33 babies is born with a birth defect. Millions of people experience complications due to giving birth, including death.
Doctors have procedures in place for preventing birth injuries, yet many babies and pregnant parents get injured. If you experience a birth injury, you shouldn’t take it lying down. You should consider a medical negligence lawsuit.
But what types of injuries can lead to birth injury negligence lawsuits? Can you file a suit if you get injured before or after you give birth? What proof do you need for your birth injury claim?
Answer these questions and you can get the money you need to provide for yourself and your child. Here is your quick guide.
Injury to the Child
When people think of a birth injury, they often think about injuries to the child during the delivery. A child can experience numerous injuries that can lead to a malpractice claim.
Doctors may use forceps or a vacuum to extract the baby from the womb. If they apply too much pressure, they may break a bone or cause soft tissue damage. These wounds can heal, but you can claim money if you had to pay for medical treatment for your child.
Pressure on the baby’s face can damage nerves in the face. They may develop facial paralysis, making it hard for them to cry or emote with their face.
Serious injuries include brain injuries. Your doctor may rush the delivery process, causing your baby to be born prematurely and leading to a brain injury. If your child is stuck in the birth canal, they may not have enough oxygen, hurting their brain.
You can claim compensation for injuries sustained while your child is in the womb or after they are born. If a doctor fails to monitor your baby’s heartbeat or breathing and your child experiences problems, you may have a birth injury negligence claim.
The key is that you connect your doctor’s actions to your baby’s medical problems. You need to collect documents related to your case. You may need to talk to experts who can describe your child’s injuries and acknowledge the connections to the defendant.
Injury to the Pregnant Parent
You can also file a claim if the pregnant parent was injured. As with claims for your child, you can start a negligence case for an injury before, during, or after delivery.
While the parent is pregnant, their doctor should monitor them for signs of problems. Diabetes, high blood pressure, and infections can threaten the parent’s life or cause a difficult pregnancy.
Pregnancy can affect a personal injury claim significantly. You can file a claim if you get into an accident and experience a miscarriage. The claim can be directed at the driver who caused the accident or the doctor who failed to save your pregnancy.
Bleeding is common during the delivery process. But doctors should monitor the parent’s heart and control the bleeding. They should also avoid gestures that will result in excessive bleeding, like making a C-section when it is not necessary.
After the delivery is done, nurses should stay with the parent and monitor their vital signs. Some people experience uterine ruptures or vaginal tears that can be painful. Nurses should step in and address these complications before they get worse.
You can sue the doctor for emotional injuries. Delivering a child can be stressful and traumatic, especially if the doctor makes repeated mistakes.
However, it can be hard to claim money for pain and suffering. You need to describe how the doctor’s mistakes impacted your life. You may have missed work due to your trauma, or you may need psychological therapy.
Wrongful Birth
A wrongful birth occurs when parents have a child they would not have had otherwise. The parents may intend to abort a child that will have an impairment like spina bifida or Down syndrome.
However, their doctor may fail to conduct noninvasive prenatal testing so the parents don’t know about potential defects. They may not run ultrasound tests, failing to spot deformities as they develop.
You can claim damages based on the expenses you pay for your child, including specialized schooling. You can also claim money for the emotional stress of raising your child with a disability.
Florida does not permit wrongful birth lawsuits for healthy children, even if you do not want your child. You are only allowed to file a lawsuit if the child is born unhealthy or if the doctor injures them.
Wrongful Pregnancy
Wrongful pregnancy occurs when a doctor fails to help a parent attempt to avoid or end a pregnancy. A parent may receive contraception or request an abortion from a doctor. If they become pregnant anyway, they may be able to pursue a wrongful pregnancy lawsuit.
You have a stronger case if you can prove you were injured due to the wrongful pregnancy. Since you were pregnant, you may have experienced physical pain and emotional suffering. You may have spent money on treatments you would not have received otherwise, or you may have lost wages.
It is harder to file a claim if you or your child were not injured. You may be able to prove medical negligence if the doctor botched an easy procedure. You can also claim money if the doctor injured you during the procedure to end your pregnancy.
The Essentials of a Birth Injury Lawsuit
A birth injury can mean several things. An injury to your child can occur during any part of the delivery process. Your child may experience problems before or after birth, which can lead to a lawsuit.
You can file a lawsuit if you get injured, especially if your doctor neglected an important procedure. It is harder to file a successful wrongful birth or wrongful pregnancy case. But if you can find evidence of neglect and monetary losses, you can file a lawsuit.
Find a lawyer experienced with birth injury cases. RHINO Lawyers serves Florida parents. Contact us today.
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 equipo de lesiones personales 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.
Leer más
How Hurricane Season Affects Auto Accidents In Florida?
Every Floridian knows that for six months of the year, there’s a real chance of facing a hurricane.
The hurricane season in Florida officially lasts from June 1 to November 30, and every part of the state has been affected at some point. The carnage they leave behind makes for some treacherous driving conditions. You guessed it – auto accidents follow.
On average, there are almost 6 million vehicle crashes in the US each year, and 21% are weather related. Let’s take a look at why the Florida hurricane season makes driving so dangerous and what you can do to protect yourself.
Why Hurricanes Make Driving So Dangerous
Digging a little deeper into the ten-year statistics shows why driving during or around the time of a hurricane is such a bad idea. Hurricanes bring torrential rain. Wet pavement is responsible for 70% of all weather-related crashes.
Of course, you’re also vulnerable to flying debris, falling trees, and ridiculously strong winds. But your biggest danger is the wet roads and floodwaters.
Hurricanes can cause people to get trapped in vehicles that then get submerged in floodwaters. In the recent hurricane Ian, at least two deaths were the result of hurricane auto accidents.
The simple message is this: do not drive during a hurricane.
When Is It Safe to Drive After a Hurricane?
Don’t use your own judgment to decide when it’s safe to drive after a hurricane. Listen to the local news on the TV or radio to get up-to-date reports on the current status of the storm. Even the weakest hurricanes produce winds of 74-95 mph that can snap branches, fall trees, and send roof shingles flying.
Avoiding Car Accidents After a Hurricane
First, check your vehicle. Unless your car was parked in a garage that survived the hurricane unscathed, there’s a high possibility you’ll have some vehicle damage. If you see any signs of damage, call your insurance company.
Be sure to take lots of photos of the car and the surrounding area. This may help the insurance company to process your claim.
Was your vehicle submerged during the storm? Never start the engine. This can cause serious damage that will be costly to repair.
Prepare Your Car and Yourself for Travel
Your chances of getting a flat tire are much higher after a hurricane. Make sure that you have an emergency repair kit with you. If you’re not confident to use it, stay home until conditions improve.
Also, prepare your mind for what you’re about the experience. There may be pedestrians on the road, trying to assess the damage. They may be dazed and not as aware of their surroundings as they normally would be.
Remember that everyone on the road will be a little traumatized. So be prepared to be courteous and ready for some erratic driving. Give people a little extra time and patience at intersections.
Safe Driving After a Hurricane
If you do decide it’s safe to venture out, take it slowly and test your brakes. Wet brakes can be slower to respond.
Remember that debris on the roads can cause punctures. Follow the rules of the road and expect the unexpected.
If you come across fallen trees, do not drive under them. They can suddenly collapse on your car. They may also conceal power lines that can swing down and cause devastation.
Also, don’t risk driving on flooded roads. If there’s standing water on the road, choose an alternative route.
What to Do if You’ve Had a Hurricane Auto Accident
If you find yourself in a hurricane-related car accident, don’t panic. First, stop and get yourself to a place of safety. Check everyone for injuries and call 911 if needed.
In Florida, almost every accident must be reported to the police. They’ll give you an accident report which you will need to file a claim. Take down details of all other parties involved and take photos of the scene.
Talk to your insurance company as soon after the accident as possible.
Seek Medical Attention
Under Florida State Law, all vehicle owners must have Personal Injury Protection (PIP). This no-fault insurance covers up to $10,000 in medical bills and other types of compensation following an auto accident. But you must receive care within 14 days of an auto accident to qualify for this compensation.
Even if you don’t think you’re injured, it’s good to get yourself checked out at an emergency room, urgent care, or by a primary care doctor. Some injuries are not obvious right away. It can take hours or even days for the pain to begin.
How an Auto Accident Attorney Can Help
Once you’ve started to receive treatment for your injuries, it’s time to turn to an auto accident attorney. They can help you to file a civil claim, targeting the at-fault driver’s insurance company.
Without representation, you may achieve the highest level of compensation. You can claim compensation for:
- Medical expenses – present and future
- Expenses related to ongoing disabilities
- Lost wages
- Damage/destruction of property
- Pain and suffering
The Florida hurricane season can have a long-lasting impact on your life and ability to provide for your family. If you’ve been injured and it wasn’t your fault, you’ve got a right to battle for the compensation you deserve. Let an auto accident attorney represent you and handle the stress for you.
You concentrate on recovering while your attorney focuses on getting you the best possible settlement.
Trust Rhino Lawyers this Hurricane Season in Florida
The hurricane season in Florida can bring a lot of pain and suffering. If you’re suffering from an auto accident injury on top of everything else, make sure that you get the compensation you deserve.
En RHINO Lawyers, you’ll work directly with an attorney, not a case worker. We’ll work tirelessly to increase your settlement by reducing your medical bills. Plus, if we don’t win, you won’t have to pay us a penny.
Call us at 844.RHINO.77 or reach out online to request a free case evaluation 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 equipo de lesiones personales 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.
Leer más
Can You File a Lawsuit for an Airbnb Injury?
In recent years, vacation rentals have seen a surge in the number of people injured, including Airbnbs. While some of these accidents are due to user error, many results from negligent property owners or managers.
If you’ve been injured at an Airbnb rental, you may wonder if you have a case. Filing an Airbnb lawsuit depends on several factors, including the severity of your injuries and the circumstances surrounding the accident. To help you determine whether or not you have a case, here is a list of things you need to know about filing an Airbnb lawsuit.
What to Do if You Have an Airbnb Injury
When staying in an Airbnb rental and you’re injured, you should seek medical attention immediately. The sooner doctors can diagnose and treat your injuries, the better they will be able to help you recover from them.
Some injuries require immediate medical attention, such as broken bones or concussions. You can treat others at home with basic first aid supplies like ice packs and pain relievers. However, all injuries need a doctor’s evaluation. Before they can appropriately diagnose and treat the injury.
Furthermore, it would be best if you document your accident as soon as possible after it happens. You want to ensure that you don’t forget details or leave anything out of your story later. This is vital when it comes time to file a lawsuit against the property owner.
Was The Accident Due to Negligence?
If you’re injured while staying at an Airbnb rental, you might have a case if the accident was due to negligence by the property owner or manager.
You would need to prove this to have a legitimate Airbnb lawsuit. For this to happen, there must be evidence of failure to provide reasonable care for their guests.
For example, if you’re injured in a slip and fall accident, and there is proof that the property owner knew about the hazard but did nothing to fix it, you may have grounds for a lawsuit. Similarly, suppose another guest attacked you. You will need to show that the property owner failed to take reasonable security precautions. In that case, you may also have grounds for a lawsuit.
Another example is if the owner of the rental neglected safety instructions given by local authorities. For instance, failing to warn guests about a nearby construction site could have a case.
Proving That Your Injuries Were From The Accident
To win an Airbnb lawsuit, you must prove that your injuries were caused by accident. This means that you will need medical documentation detailing your injuries. Plus, any bills or expenses related to your treatment. If you don’t have this documentation, it will be challenging to prove an accident caused your injuries and win your case.
Recovering Damages If You Win Your Personal Injury Case
If you are successful in winning your Airbnb lawsuit, you may be able to recover damages for your injuries. The amount of damages awarded will depend on the severity of your injuries and other factors related to your case.
For starters, your medical cost is one of the factors that will determine the amount awarded in an Airbnb lawsuit. This will be reflected if you have paid or are paying out-of-pocket for any medical treatment related to your injuries. They may reimburse you for future expenses. As long as, they determine that you will need ongoing care. Typically, due to permanent injury or disability due to your accident.
Another factor that impacts your lawsuit amount is wage loss. You may receive compensation for lost wages if you have missed work due to your accident. Suppose you were unable to work because of an Airbnb injury. In this case, the court or jury will consider this when determining the amount of damages awarded after trial proceedings are complete.
In most cases, the Airbnb host will have protection insurance that covers them from personal injury claims. So if you file a lawsuit against them and it’s viable, you can receive compensation.
Seeking a Personal Injury Lawyer for an Airbnb Lawsuit
If you have sustained an Airbnb injury, you must seek out legal advice as soon as possible. A personal injury lawyer can help you receive compensation, and they can also assist you in filing an Airbnb lawsuit.
You want to seek out referrals from friends and family members. One of the best ways to find a great personal injury lawyer is by asking people who have worked with them in the past. If you know someone who has experienced an Airbnb lawsuit before, ask them about their experience with their attorney. If they had a good experience with their lawyer, it might be worth asking them for a referral.
Next, look online for reviews of local attorneys. Lawfirms like RHINO Lawyers are high-quality lawyers with many positive comments about the performance of their attorneys. You want to ensure that the lawyer you choose has experience winning Airbnb lawsuits.
Trust Us To Help You With Your Airbnb Lawsuit!
If you have an injury from an accident at an Airbnb rental, it’s essential to get appropriate legal advice as soon as possible. You deserve an experienced personal injury attorney that can help investigate your case. As well as, determine whether or not you have a valid Airbnb lawsuit.
Let us help you through every step of the legal process with our dedicated team of lawyers who will fight for the compensation you deserve. Contáctenos hoy for a free consultation!
CONTACT A TAMPA Personal Injury ATTORNEY
In short, after an accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our equipo de lesiones personales 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.
Leer más
What Are the Different Types of Surgical Errors?
Every year, 40 to 50 million surgeries are performed in the United States. While the majority of cases go well, 5-15% will be readmitted to the hospital within 30 days. 1-4% of patients will lose their lives.
Surgery is something that many of us will have to face at some point in our lives. But medical negligence is something that none of us should experience. Surgical errors can lead to pain, suffering, and even permanent disability and death.
Let’s explore the most common types of surgical errors and what you should do if you’ve been a victim.
What Are Surgical Errors?
Surgical errors are mistakes made by the surgeon during a procedure due to negligence. This surgical negligence can cause:
- Harm
- Pain
- Medical condition to get worse
- Death
Not all surgeries go according to plan. There is always an element of risk. Patients must give their informed consent before going in for surgery, showing that they accept this risk.
Problems during surgery do not automatically mean that medical negligence has occurred. Surgeons and other medical professionals have a responsibility to do all they can to give their patients the best possible care. They must follow their training and use accepted protocols to provide the highest level of care.
To have a case for surgical negligence, the surgeon must have provided sub-standard care. The errors they have made must amount to medical malpractice.
Types of Surgical Errors
Each surgical error case is unique. The following examples may form the basis for medical claims, depending on the details.
Infection
All operations carry the risk of infection. Hospitals should have strict infection control measures in place to reduce this risk. It is possible for a surgeon to cause an infection if he or she uses unsanitary equipment or practices. This can lead to cross-contamination and, in some cases, a serious infection.
Damage to Other Organs
During surgery, surgeons have to take care not to accidentally damage other organs. Organ tissue is very delicate. Inadvertent incisions or puncture wounds could cause serious problems.
Nerve Damage
Nerve damage can occur during surgery in many ways. This includes:
- Accidental damage while operating on an adjacent organ/tissue
- Prolonged pressure on a nerve
- Errors with injections
- Errors with anesthetics
- Incorrect use of equipment
Operating on the Wrong Site
These serious medical errors cause patients to receive completely unnecessary surgery. They also miss out on the surgery that they need. In extreme cases, people have had the wrong limb amputated.
Wrong Patient Surgery
Administrative problems could lead to the surgeon operating on the wrong person. They may also carry out surgery that was completely unnecessary.
Surgical Instruments/Materials Left in Body
It may seem obvious that the surgical team needs to remove all instruments, gauze, clips, and other materials before the wound is sutured. Although should hospitals have strict guidelines for the team to follow, mistakes happen. Having foreign objects inside your body can cause major complications and infections.
The Consequences of Surgical Negligence
In the most serious cases, surgical errors can lead to long-term suffering. Talk to your lawyer about filing a medical malpractice lawsuit if you’re suffering from any of the following conditions.
Aftermath of Infection
In extreme cases, infections can cause sepsis. Sepsis is a life-threatening condition. It can also lead to tissue damage and organ failure.
In the US, about 1.2% of all elective surgery patients will develop sepsis while recovering from surgery. This does not mean that sepsis is always the result of medical errors. It’s important to talk to an experienced attorney who will review your medical records and may seek expert advice.
Organ Damage/Internal Bleeding
If the surgeon is not careful, other organs or tissues can be injured during surgery. This can cause internal bleeding.
Internal bleeding can be hard to diagnose. It can cause pain, vomiting, sweating, and changes to breathing, to name just a few symptoms. In severe cases, it can lead to organ failure, coma, and even death.
Nerve Damage
Nerve damage can cause ongoing pain or loss of sensation in a part of the body. This could have a long-term impact on your mobility.
You may be completely or partially paralyzed. In fact, you may need long-term physical therapy. You may have to undergo further surgery to help you regain the level of movement that you had before.
Wrong Site/Patient Injuries
We accept that there may be scars after necessary surgery. But surgery on the wrong site can leave you with scars that are completely unnecessary. This can cause ongoing pain and distress.
Sometimes, the wrong site error is spotted very early on in the surgery. But if the surgery is completed on the wrong site, you may have to deal with unexpected complications. Plus, you’ll still have to undergo surgery on the correct site.
Medical Instruments Left in the Body
Retained instruments can lead to damage to other tissues and organs. Your pain may increase rather than diminish after surgery. Gauzes and medical sponges can cause serious infections.
You may need further surgery to remove the foreign object so that it does not cause long-term complications.
How an Attorney Can Help
Attorneys are not medical experts, but they are experienced in medical negligence law. They have years of experience in fighting similar cases. They’ll consult with medical professionals.
Together, they’ll determine whether surgical errors occurred. They’ll let you know if you have a case for medical negligence. You need to focus on your recovery. Let an attorney take your case and they’ll focus on getting you the compensation you deserve.
Talk to RHINO Lawyers Today
Surgical errors can have a long-term impact on your quality of life. If you’ve been injured as a result of surgical negligence, you need an experienced attorney on your side.
En RHINO Lawyers, you’ll deal with an attorney, not a case worker. Our attorneys will assess your case and let you know whether you have a basis for a medical lawsuit. If you do, you only pay if they win.
Click here to request your free case review today!
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 equipo de lesiones personales 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.
Leer más