Sarasota Injury Attorney

Florida No Fault Auto Insurance

Thomas Harris — Sat, 13 Aug 2011 19:12:30 +0000

Florida is a no fault state for auto accidents, at least with respect to medical bills. All Florida car owners must have a minimum of $10,000 of Personal Injury Protection (PIP) medical benefits. Regardless of fault, if you are in an accident, your carrier will pay 80% of your own medical bills up to the limits of your policy, which is typically $10,000. The law also requires that each owner carry $10,000 of Property Damage Liability (PDL). This coverage applies to repair the car of the owner who was not at fault. So if you are in an accident and not at fault, and your damages are over $10,000, most likely your carrier will repair your vehicle (if you have collision coverage) and then pursue recovery from the at fault carrier. If the damages are under $10,000, either the at fault carrier will tender a check for your repairs and if they do not, your own carrier will likely repair your car and then pursue the at fault carrier for reimbursement. So Florida is only a no fault state with respect to medical bills, not property damage.

Also Florida law allows you to sue another driver for certain damages, and not be limited to PIP or no fault benefits, if you have a permanent injury caused by the auto accident. In this case you should hire an Sarasota or Bradenton auto accident attorney and demand recovery for past and future medical bills, lost wages, and pain and suffering.

Besides covering 80 percent of your own medical expenses, your PIP will cover your child, members of your household, and passengers who may not have PIP Insurance as long as they do not own a vehicle. Also, passengers in your automobile and authorized drivers of your vehicle who have PIP will be covered under their own PIP for their medical bills.

Finally, If you are hurt in a motor vehicle accident while in someone else’s automobile, or as a pedestrian or bicyclist, then you should be covered by your own PIP medical insurance.

Subscribe to Posts by Email

Click Here For More Share Options

Sarasota Whiplash Attorney

Thomas Harris — Mon, 25 Jul 2011 20:59:34 +0000

Whiplash

Most people have heard of “whiplash”, and seen people wearing large neck braces to keep their neck stable. But not everyone understands that whiplash can turn in to a serious injury?

What is Whiplash?

Whiplash is a potentially serious injury, caused when the head or neck is thrust forcefully to the back, forward, or side by a sudden and sometimes violent unexpected impact. This impact can also cause a neck strain, which is an injury attributable to the fact that the soft tissue in the neck are over stretched due to the sudden impact.

Whiplash can occur whenever a person’s head or neck is snapped around, like in sports. But by far, the most common cause of whiplash is a motor vehicle accident. Whiplash is often the only injury that a person in an auto accident suffers because if the person is properly belted in, their head and neck are the only parts of the body that will move much, but they will move suddenly and violently.

Whiplash Symptoms

Like most injuries, the effects of whiplash can vary from mild to severe. At its mildest, whiplash will cause short-term stiffness or soreness. More serious cases can make it impossible to turn one’s neck. At its worst, whiplash can cause long-term disability due to sever headaches, muscle spasms, pain and paresthesia, which is a numbness or tingling in the extremities. The treatment of whiplash will vary with the severity of the symptoms. These treatments can range from rest to chiropractic care to physical therapy. Whiplash pain and symptoms may get worse over time, even hours or days after the accident.

See A Doctor Right Away

Since the onset of whiplash symptoms can be delayed, it is vital to see a doctor as soon as possible after an auto crash. This is important because it allows a professional to examine you and, if necessary, to start treatment. The doctor will also document your injury and cause, as well as the symptoms that you feel are related to the collision. A delay between the auto accident and treatment allows the insurance company for the other driver to argue that you don’t actually have whiplash or that it was caused by something other than the crash.

Prompt examination by a medical provider is necessary not only to provide the proper care for your injuries, but also because it will make it easier for you to prove the relationship between your neck pain and the auto accident. In order to recover for an injury, you have to prove that the injury was either caused or aggravated by the accident, and such proof requires a doctor to give a diagnosis and cause. A good doctor will document your symptoms, treatment, injury, and the probable cause, making it more likely for your attorney to “connect the dots” and prove that the vehicle accident caused the whiplash.

If you have suffered a neck “whiplash” injury in an accident that was not your fault, you may be entitled to money damages for your injury. This compensation can include the medical bills, lost wages and other damages suffered, such as pain and suffering.

Undoubtedly, the amount you can recover will vary depending on the significance of your injuries and the length of time for your treatment and recovery. Because of the possible delay in the appearance of whiplash symptoms, you should resist the urge to take the initial offer that the other driver’s insurance company makes–an offer that may seem generous now, may turn out to be far less than your actual future medical expense.

Contact Sarasota Whiplash Attorney

What should you do next if you believe you have suffered a significant whiplash injury? The first step is to obtain medical evaluation and treatment, then contact a Sarasota or Bradenton auto injury law firm. We can help evaluate your case and decide if you have a auto accident whiplash injury, and then make the whiplash claim within the limited time required. Under our direction, hopefully you will receive all of the compensation that you deserve. Harris Law Group has successfully represented many Sarasota and Bradenton auto accident whiplash victims and we are available for an initial free consultation to discuss your case.

Click Here For More Share Options

Sarasota o Bradenton víctima de un accidente

Thomas Harris — Fri, 15 Jul 2011 22:04:39 +0000

¿Habla español?

Contamos con personal de habla hispana que trabajará directamente con usted y mantendrá la comunicación siempre disponible con su abogado.

Los tipos de accidente de tránsito a los que nos dedicamos incluyen:

- Imprudencia y manejo temerario
- Accidentes producidos por manejar en estado de ebriedad
- Colisiones frontal, trasera o lateral
- Accidentes causados por seguir muy de cerca al vehículo delantero
- Colisión en intersecciones
- Exceso de velocidad

Llámenos para una consulta gratis en su propia casa.

Si usted, su familia o alguien a quien usted conoce ha sido víctima de un accidente de tránsito en Sarasota o Bradenton, llame al abogado Thomas Harris para una consulta gratis a nuestra línea 1-888-717-4878. Atendemos las 24 horas, 7 días a la semana. Inmediatamente estudiaremos su caso y le diremos como lo podemos ayudar.

El Abogado Thomas Harris se especializa en lesiones ocasionadas por accidentes de tránsito y se asegura de que sus clientes reciban el tratamiento adecuado, sin tener que afrontar los gastos sin cobertura, así como un seguimiento constante hasta resolver su caso, pudiendo recibir la mejor compensación por parte de la parte negligente y las compañías de seguros, ya sea por gastos médicos, gastos futuros, salario perdido y futures ganancias, daños y perjuicios o pérdida en su capacidad de mantener el rítmo de vida acostumbrado.

¿No vive en el area de Sarasota o Bradenton?

Nosotros iremos hacia usted para ayudarlo. Harris Law Group es la firma de abogados con la que usted puede contar para un trato personal y directo con el abogado.

UN ABOGADO CON EXPERIENCIA

¿Está buscando un abogado que lo ayude a recuperarse de un accidente de tránsito en el condado de Sarasota o Manatee? Lo mas probable es que usted tenga muchas preguntas, pero no sepa donde encontrar respuestas adecuadas.

El Sr. Thomas R. Harris tiene una trayectoria de 17 años defendiendo compañías de seguros. Actualmente, Thomas R. Harris utiliza esa experiencia y se especializa en representar a las víctimas en un accidente.

La larga experiencia de Harris Law Group lo ayudará con el largo proceso de lidiar con las compañías de seguros. El Sr. Harris ha trabajado para compañías de seguros por muchos años y sabe como funcionan estas grandes compañías, y sabe por experiencia que las compañías de seguros tratarán siempre de pagar la mínima cantidad posible, sin importar la gravedad de las lesiones en cada caso, los gastos incurridos y lo que la víctima en realidad merece para recuperarse.

Cada caso es diferente, pero dependiendo de su situación, es posible llegar a un acuerdo y conseguir una indemnización y compensación por sus gastos y daños.

PODEMOS IR HACIA USTED

Si no le es posible llegar a nuestras oficinas, nosotros le haremos una visita gratuita para que usted pueda consultar su caso directamente con el Abogado Harris.

RESPUESTA INMEDIATA

Estamos disponibles las 24 horas del día en nuestra línea 941-366-0860 o llame gratis al 1-888-717-4878 y alguien en nuestra oficina le responderá inmediatamente, o dentro de las 12 horas siguientes. Luego de nuestra consulta telefónica, de poderlo ayudar, un representante de nuestra firma se reunirá con usted inmediatamente. En la firma Harris Law Group sabemos que es muy importante no dejar pasar el tiempo entre un accidente y la atención que usted necesita. Puede estar seguro de que esta firma le dará la mayor importancia a su demanda y se mantendrá luchando por lograr un resultado satisfactorio para usted.

MAS QUE UN ABOGADO

Para la firma de Harris Law Group, usted no es un número más. Nosotros tratamos de manejar no sólo los aspectos legales de su caso, pero además lo ayudaremos a presentar el papeleo correspondiente a la compañía de seguros, recomendar al doctor pertinente para sus lesiones, además de estar disponibles para hablar directamente con el abogado, en caso de tener alguna duda o pregunta.

UNA CONSULTA GRATIS

Si usted, su familia o alguien a quien usted conoce ha sido víctima de un accidente de tránsito, llame al abogado Thomas Harris para una consulta gratis a nuestra línea 1-888-717-4878. Atendemos las 24 horas, 7 días a la semana. Inmediatamente estudiaremos su caso y le diremos como lo podemos ayudar.

Click Here For More Share Options

How long do I have to file a FL auto injury lawsuit?

Thomas Harris — Fri, 15 Jul 2011 03:14:18 +0000

Florida Injury Statute of Limitations

You have a time limit of four years to file a Sarasota or Bradenton auto accident personal injury lawsuit in Florida. The same four year statute of limitations applies to slip, trip, and fall accidents as well as any other injury claim in Florida, except medical malpractice. You have only two years from the date you knew or should have known of the medical negligence to file a Florida medical malpractice lawsuit.

However if an injury claim is based on contract, such as an uninsured or under insured motorist claim against your own insurance company based on your policy coverage, then you have five years to file a lawsuit against your own insurance company. This is because Florida has a five year statute of limitations for actions based on contracts. Uninsured or under insured motorist insurance coverage is the coverage that covers you in the event the other driver has no insurance or inadequate coverage to pay your damages. Under these circumstances your own company stands in the shoes of the at fault driver as if they were his carrier and pays you for your damages.

Although the legal time limit for barring a claim is four years for an injury claim, realistically any delay may well prejudice your claim because of the passage of time. This is because of the loss of tangible evidence and inability to locate witnesses who are no longer in the area. Even if you find witnesses their memory of your accident or injuries may have faded over time.

So don’t wait for the statute of limitations to come around before consulting a Sarasota or Bradenton auto accident or slip and fall injury attorney. Call toll free 1-888-717-4878 for a free consultation with a Sarasota injury attorney or submit the form below to contact Mr. Harris by email.

Subscribe to Posts by Email

Click Here For More Share Options

Understanding Contingent Fee Contracts

Thomas Harris — Thu, 14 Jul 2011 22:33:57 +0000

Sarasota Auto Accident Lawyer Contingency Fee Contract

As a Florida personal injury lawyer with an emphasis on representing auto accident victims in Sarasota County and Manatee County, I represent injured people on a contingent-fee basis. This means I will collect no attorney’s fees unless and until I win your case by obtaining a money settlement or a jury verdict award.

I advance all court filing fees and litigation expenses for your case. I am only reimbursed at the end of your case out of the proceeds of the settlement or verdict. No fees or litigation expenses are charged to you unless and until I win your case. As a Florida personal injury auto accident attorney, I put your needs and priorities first.

If I do not obtain a recovery for you, my out-of-pocket costs and expenses incurred are waived. I calculate my fee as a percentage of the total or gross recovery obtained. Out of your client share, you pay any medical liens or unpaid medical bills. You also reimburse me for my costs out of your share. My percentage fee is one third of your total gross recovery if the case is settled without filing a suit, and increases to forty percent if suit is filed.

The clear advantages of a contingency fee agreement are:

1) A client can afford to hire a lawyer since there are no up front fees or costs and none if the lawyer does not win your case. So the client risks only his time, not money.

2) A lawyer is motivated to only take legitimate cases because he is only paid is he wins. This type of contract protects everyone against frivolous lawsuits.

3) The client and lawyer’s interest are aligned with each other as if they were going into business together. Because the more money the attorney obtains for the client, the higher the fee for the lawyer.

Contact me today, your Sarasota personal injury auto accident lawyer at Harris Law Group serving both Sarasota and Manatee counties in Florida. Call toll free now for a free consult 1-888-717-4878 or complete the form below to email me.

Subscribe to Posts by Email

Click Here For More Share Options

Pre-suit Anatomy of a Sarasota or Bradenton Auto Accident Injury Claim

Thomas Harris — Sun, 10 Jul 2011 22:56:48 +0000

Investigating the accident and injury
In every new case, I find myself explaining to the new client the anatomy or stages of a Sarasota or Bradenton auto accident injury case. New clients want to know the major events in any injury case. This includes the basic what and when for each milestone, as well as the overall time frame from beginning to end. The first thing we do after any Sarasota County or Manatee County auto accident injury case is meet with a potential new auto injury client. After a meeting at your home or my office, if your case meets our criteria for acceptance, we will sign a written contract if you select me as your auto accident lawyer. Next, we open a new file. Simultaneous to opening the new file, I immediately send a notice of representation letter to the defendant, or if known, their insurance company. This letter also contains a request for a copy of the insurance policy with the declarations or limits page. A Sarasota or Bradenton auto accident injury lawyer must determine the amount of insurance to confirm that any settlement or judgment is collectable as many individuals without liability insurance are insolvent. This is commonly referred to as making sure there is a deep pocket to pay you for your injuries caused by the at fault driver. Ninety percent of the time the client brings an accident report to our first meeting, but if not, then we would order the report before sending any letter requesting coverage information. I immediately investigate the scene, or retain an investigator to inspect it. We make sure to photograph the accident scene and to photograph auto damage to show the impact points and severity. I also photograph the at fault vehicle, but sometimes this is not possible before the repairs, in which event we rely on auto damage photos taken by the at fault party’s insurance company. Sometimes a preservation of evidence letter will reach the at fault party and/or carrier before repairs, in which event we can get our own photos before they repair which essentially destroys the evidence if there are no prior photos to be had. Often our own client will have helpful photos of the scene, the vehicle damage and their injury or injuries. We make sure we have photos of the injury or injuries if they are visible as opposed to internal. For internal injuries we immediately request or obtain an MRI or CT scan or X-rays and so on. If liability is at issue and the injuries are significant enough, we obtain expert evaluations of the accident scene, vehicles etc. Don’t have an auto accident attorney yet? Visit our Free Consultation Page now to call or email us.

Monitoring treatment and obtaining medical evidence

After notifying the at fault party and/or carrier of the auto accident injury claim, I request medical records and bills from all medical providers up to this point, between the date of accident and the date I am hired. At this point I am simply monitoring the medical treatment and recovery. The client keeps me updated by calling or emailing before and after each appointment relaying the doctor’s diagnosis and prognosis and treatment plan. Once the client completes the plan, including all doctor visits, testing, physical therapy, medications, and surgeries (if any), I then request the doctor’s final medical report when the client is stable and reaches a point where he or she is not expected to improve anymore medically. In personal injury law, this is called reaching “maximum medical improvement”. A way for my client to know he has reached this point is when the doctor says “come back as needed” without giving you a future appointment. At this point, I request all updated medical records and bills, and sometime I also order a special narrative final report summarizing the case from a medical standpoint. This is particularly true, helpful and necessary when a doctor’s records do not address critical points that a Sarasota or Bradenton auto accident lawyer believes must be addressed to maximize a client’s potential recovery. Often I can make a special appointment with the doctor just for the purpose of “conferencing” him on important points to make sure not only what he will say in his report but to also see how his opinion might hold up under cross examination at a later date if the case goes that far. You got it, I want to know the doctor’s answers to critically important matters before he commits it to writing. Why? Well because if I do not like the answer, I will not later ask him to address that topic in a report. Or I might learn a way from the doctor to ask it so that he can honestly paint the case in the best light for my client.

Demands, offers and negotiation

Once I have final medical reports, as a Sarasota Bradenton auto crash lawyer, I review all records and bills, and along with all the other photos, medical records, medical bills, lost wage records, and any other documentary evidence, I prepare a settlement demand to the at fault party’s automobile insurance company. You can see right away that the length of time between hiring a personal injury lawyer, and the making of a settlement demand, all depends on the length of time it takes for you to treat and reach maximum recovery. In minor auto crashes this is a relatively short time period between a few weeks to a few months. In significant auto injury cases, this time period can stretch out to a year or even longer. A personal injury lawyer cannot and will not settle your case until the doctor releases you. Otherwise the damages we calculate would be flawed. We give the carrier thirty days from receipt of our demand to tender a settlement check for the amount demanded. In most cases, but not all, there is negotiation back and forth until both sides reach agreement. Neither side can force the other to take a settlement. So this is always the client’s call, subject to the auto accident lawyer’s recommendations and advice, whether or not to settle and the amount. The client can refuse a good settlement that any reasonable auto accident lawyer would counsel him to take, and likewise, the client can accept a bad settlement for pennies on the dollar compared to its actual worth, should the client order a “low ball” offer be accepted. From the date of the demand until settlement is either reached or impassed, can take from thirty days to three months, and there is no exact set period, which again is subject to the parties willingness to continue serious negotiations. The final point to make here is that sometimes a Sarasota Bradenton personal injury lawyer will file suit immediately after an accident or immediately after settlement negotiations break down. This can depend on many factors such as the deadline for filing suits etc., but the majority of the time an auto accident injury lawyer makes this decision on filing suit, along with client consent, along these lines. If the carrier is admitting fault or the majority of fault, and recovery will take less than one year, then mostly we hold off on suit until we finish our demand and subsequent negotiations. However, if the carrier does not admit or agree to fault, then we typically, but not always, file suit immediately so that we do not waste time for a year or two and then find out the insurance company is not serious about the claim. Mostly the disagreements that result in suits being filed are over one or two or three simple points. Either the insurance company is not recognizing the fault of their insured, or that his or her fault caused your injuries, or that the injuries are as severe as claimed by our doctors and/or you. As a Sarasota Bradenton personal injury lawyer, my main job is to make sure our case is solid on all three fronts, and if not, decline the case to begin with or settle it later for a fair sum if I end up taking the case. I take cases to trial, but only good cases, not weak ones. Trial is costly and a case has to make both economic and legal sense to take it to trial.

Conclusion
Doing all of the above, and doing it right, requires great attention to detail by the lawyer and a team approach from the client. That is why here, at Harris Law Group, I say that we purposely limit the number of takes we take for quality control reasons. I firmly believe that fewer cases means more time for yours, which allows us to have a better chance at maximizing the settlement value or verdict in your Sarasota or Bradenton personal injury automobile accident case.

Subscribe to Posts by Email

Click Here For More Share Options

Protected: Deposition Preparation Video

Thomas Harris — Fri, 01 Jul 2011 05:04:44 +0000

Click Here For More Share Options

Summertime Child Safety Checklist

Thomas Harris — Tue, 28 Jun 2011 13:38:50 +0000

Summer comes with less structure and more free time for most children, who for the entire school year were under professional supervision. They are now making many of their own decisions. Here is a quick checklist of things to ensure their summer activities are as safe and fun as possible.

Pools and Beaches

Monitor young kids at pools and beaches. Parents should be thinking about constantly supervising their children, especially ages five and under, and should never be more than “arm distance” from them while in the water at a pool or beach. In fact, you should be in the water with them at all times and they should be wearing a life jacket.

Bicycles and Roller Blades

Get proper safety gear. Make sure the kids have helmets for their bicycles and roller blades, and that they additionally wear guards for their wrists, elbows and knees for the later.

Tools and Chemicals

Secure the power tools and chemicals. Have a safe and secure storage space for garden tools, power tools, and lawn mowers, such as in a locked shed or space in the garage that younger kids cannot reach. The same goes for chemicals used in your garden, lawn and pool.

Internet

Monitor the Monitor. Make sure the computer monitor is in the most public place in your home, always in plain view.

Compliments of Thomas Harris, Injury Attorney serving Sarasota, Bradenton and Southwest Florida

Subscribe to Posts by Email

Click Here For More Share Options

Who Is Liable For An Assault?

Thomas Harris — Mon, 27 Jun 2011 22:51:48 +0000

Who is liable for a criminal assault at an apartment, condo or even business or commercial property? This question has been a topic of higher scrutiny in the aftermath of the recent criminal beating of a fan at Dodger Stadium post game. The injured party has an ongoing claim against the owner of the stadium for lack of security post game. If you missed that news, here is a short commentary on that assault that made national headline news. A Visit to the Ballpark Should Not Lead to Injury or Death.

Here is another twist on that same kind of case. You or someone you know comes home from a club after a night on the town and is the victim of a criminal assault at your apartment or condo. Who is liable for this assault? The criminal is highly unlikely to be financially solvent and thus probably judgment proof. Although the club might be responsible, it would be a tough case to prove. The more likely target defendant is the apartment or condo complex. Criminal assault victims routinely pursue claims against residential or commercial property owners based on any of the following:

Property access may be faulty, no limiting of access by fencing, landscaping, or by other designs.
Lighting may not be up to code or otherwise not adequate, or not maintained.
Security equipment such as locks and closed circuit monitors may be lacking or inadequate.
Security guards may not have acted properly or may not have been trained properly.

Florida has a higher volume of criminal assault cases against premises owners than almost any other state. This is most likely due to the contemporaneous growth of violent crimes. If you or someone you know have been the victim of a violent criminal assault, on someone’s property, contact a Sarasota or Bradenton Florida Premises Liability Attorney or a Sarasota County or Manatee County Criminal Assault Lawyer. For a free evaluation, call Harris Law Group now at 941-366-0860 or toll free at 1-888-717-4878. Or email us by completing the form below and clicking submit.

Subscribe to Posts by Email

Click Here For More Share Options

Cases A Sarasota Accident Attorney Rejects

Thomas Harris — Sun, 19 Jun 2011 04:15:17 +0000

At Harris Law Group, there are certain accident and injury claims we almost never accept. Here is a list:

Minor impact collisions. Bumps and scratches on your vehicle do not make a good case in a Sarasota or Bradenton motor vehicle accident claim. Insurance companies rarely offer decent settlements in those cases, and the cost of litigating the case (lawyer’s time and money) far exceeds any potential recovery. So it is just impracticable for us to handle from an economic standpoint.

Significant prior pain, treatment or surgery to a body part you are now claiming was injured in your accident. One or two prior surgeries to the same body part, in most but not all cases, will not result in a significant settlement or verdict in a Sarasota County or Manatee County car accident personal injury claim.

Other prior accidents that could explain the injury you now claim.

Age could be a factor for declining your case if your injury is consistent with natural aging process as opposed to a traumatic event or accident.

Accidents that happened over a year ago, but there are exceptions so we will still look at your case for free. Also, we never take cases in circumstances where the statute of limitations is about to expire. This is four years in most automobile and slip/fall claims in Sarasota or Bradenton, Florida.

Accidents where you got the traffic ticket or citation. Again, we might still be willing to look at your case if you challenge the ticket in traffic court and win.

Claims that have been asserted by a prior attorney. We like to work cases up our way, and with the passage of time, and other attorneys involved, it may prejudice our usual tactics or strategy. Also, not getting along with your prior attorney is a red flag to us that you could be a difficult client.

People who have a criminal history, especially when that history involves truthfulness and honesty.

If you feel you have none of the above red flags, complete the form below for a free evaluation of your Sarasota or Bradenton car accident injury claim.

Subscribe to Posts by Email

Click Here For More Share Options