At Mowrey, Shoemaker, Beardsley, our attorneys and dedicated staff are here to assist you through the difficult time after you have been injured due to the negligence of the operator of a motor vehicle. We understand what it means to be injured, out of work and hurting. The stress and fatigue that occurs as a result of another’s negligence affects you and your entire family. We are here to help you recover for your losses and damages.
It Is Very Important To Seek Medical Attention Right Away
When you are injured in an auto accident, you need to seek medical attention right away (within 14 days) so your Personal Injury Protection (P.I.P.) benefits will apply. Each driver in Florida is required to maintain P.I.P. insurance in the amount of $10,000.00 which will cover 80% of your medical bills and 60% of your lost wages. This coverage is also referred to as No-Fault insurance.
Many auto accidents are caused by the driver texting or talking on a cell phone while driving. In Florida, courts all over the state are allowing for punitive damage claims due to testing and/or talking on a cell phone and causing an accident that severely injures and often takes the lives of innocent people.
More and more people are injured in Florida every day while riding motorcycles. In Florida, an operator of a motorcycle is not required to wear a helmet, only protective eye covering. Accidents on motorcycles can have a devastating effect on the lives of those injured and their family.
P.I.P. coverage does not apply to motorcycles in Florida and therefore an injured party from a motorcycle accident can seek damages for economic and non-economic damages without having to pass an injury threshold, as is required in a P.I.P. coverage case.
Coverage for damages can come from many different areas:
• The owner of the vehicle that caused the accident
• The owner of the motorcycle if driver is not the owner
• The driver of the motorcycles insurance (uninsured / underinsured motorist coverage)
• Leasing company
You need an attorney that knows how to locate the coverage you need to help you recover damages for your losses.
Property Damage to your motorcycle can be difficult to fully recover. Property damage claims to motorcycle owners are very important when your bike requires replacement or substantial repairs. The insurance company wants to settle for the cheapest parts and replacement they can, don’t let them. Let the attorneys at M.S.B. help you recover all that you deserve.
The trucking industry is under a strain to deliver their loads at a break neck pace and innocent people are severely injured and killed as a result. It is important to have an attorney that understands how the trucking industry works and to understand how to recover.
The trucking industry is highly regulated by the Federal government and the State of Florida. The attorney’s at Mowrey, Shoemaker, Beardsley know how to determine if the driver of the truck has violated Federal and Florida law to help you recover damages for your losses. The industry mandates drivers keep proper log books, bills of lading, permits, weigh logs and many other requirements.
The liable parties in trucking accidents can often times be many. Quite often the liability will be that of the following: the driver, owner, employer, leasing company, trailer manufacturer, trailer owner, lessor of tractor and/or trailer and even the owner of the product or freight being transported.
The hiring practices of the trucking company, the safety program and the maintenance records are vital to analysis of the liability.
In a negligence case there are three types of damages. Economic damages, non-economic damages and punitive damages.
Economic damages are damages for losses you sustain from past, present and future medical bills, lost of income and ability to earn an income. These damages are calculable through actual bills and financial records that are economic based. Records you can present a copy of to show what your actual losses have been, are and will be.
Non-economic damages are damages for loss of enjoyment for the capacity of life, Pain & suffering, mental strain, fatigue, loss of consortium (claim of a loved one’s loss of companionship, love, affection, etc.) and punitive damages. These damages are not based on a record that can be shown but on real emotion and feeling. These damages are quite often the larger damages awarded and recovered.
Punitive damages are damages sought due to gross negligence where the negligent or intentional act is so heinous they should be punished financially for the wrong they committed. Florida courts are allowing claims for Punitive damages for texting and/or talking on a cell phone while operating a motor vehicle.
To learn more about damages you may have, contact Mowrey, Shoemaker, Beardsley today for a free consultation.