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Tampa Personal Injury Blog

Defining damages for compensation from a car accident

In the state of Florida, there are two types of damages considered by the courts in a claim. They are economic damages, and non-economic damages. There are general caps on compensation awarded by a court for these types of claims.

Economic damages, also referred to as special damages, include actual costs of an injury such as medical expenses, or lost wages. There is no cap on these types of pain and suffering claims. In the alternative, non-economic damages, also referred to as "general" damages, are damages which cannot usually be seen. They may include present and future pain and suffering. One example would be the loss of enjoyment of life, many times caused by depression. The state of Florida places a cap on these types of claims of $500,000 for medical malpractice, and $200,000 on claims against state and federal governments.

How to best avoid truck accidents, and what to do as a victim

The road can be a treacherous place. Even when you are doing your best to be safe, there are often many hazardous variables. Road conditions, weather, traffic, and other drivers can affect whether you will get to your destination safely.

If you are a driver, chances are you will be on the road with commercial trucks at some point. Therefore, you may have some questions about safety on the road with commercial trucks, why they may be more dangerous in an accident than a typical vehicle, or what you can do if you were a victim in an accident with a truck.

Unapproved drugs may cause injury or even death

It is a common misconception by consumers that if any drug is on the shelf, whether over-the-counter or otherwise, it has been approved by the Food and Drug Administration (FDA) for safe consumption. However, this is not the case, and injuries up to, and including, death are caused by these unsafe products.

According to a list produced weekly by the FDA, there have been a number of over-the-counter drugs and supplements recalled in 2017 due to their unapproved status. An unapproved status means that a drug has not been tested and confirmed to be safe for human consumption by the FDA. Therefore, these products can cause serious harm. A large majority of products removed from the market under this category are sold to consumers as dietary supplements for weight loss and energy, or as a sexual stimulant. Many of them can be found in the counter case beside almost any gas station checkout.

How can I be compensated for a hit and run accident?

In July, 2014, the rate of hit and run accidents in the state of Florida had increased by such a percentage that Florida Highway Patrol launched the "Stay at the Scene" campaign to educate drivers on their responsibilities in the event of a car accident. In conjunction with that campaign, the penalties for hit and run drivers also changed on July 1, 2014, becoming what is now known as the Aaron Cohen Life Protection Act. This can be found as part of the Florida Statutes.

A driver involved in a car accident in which the other party left the scene will unfortunately have no immediate resolution other than to file a claim with his or her own insurance company. However, the policyholder will be required to pay his or her previously selected deductible before any payment will be made from the insurance company.

Liability for injuries caused by an unqualified truck driver

Trucking accidents happen every day across our nation. Many times, there are catastrophic injuries, or even fatalities as a result. During those stressful times, the qualifications of a truck driver are likely not at the forefront of the minds of a devastated family. However, there are instances where a commercial vehicle is being operated by an individual without a proper CDL license or training.

So, who is responsible for an accident caused by an unqualified truck driver? A legal doctrine known as respondeat superior answers this question.

Hurt in a hotel? Don't go to sleep on your liability claim.

During seasons of the year when many people are traveling in Florida, this leads to an increased number of people who are staying in hotels. If you are one of the people who will check into a hotel at some point in the near future, you will likely do so with the assumption that you will not face any unnecessary harm.

While most hotels are clean and safe, it is always useful to know how to protect your rights in case you do suffer some sort of injury in a hotel. Depending on the nature of your accident, you could have a rightful claim to financial compensation through a premises liability claim. After any type of personal injury incident, you would be wise to seek an understanding of your legal options.

Accident involving a habitual traffic offender causes injuries

A two-vehicle accident in Hillsborough County near the beginning of this month sent four people to the hospital, one with serious injuries. The accident occurred when a man driving a pickup truck rear-ended an SUV, causing the SUV to leave the road and overturn near the shoulder. The driver of the overturned vehicle and two teenage passengers received care for minor injuries, while a 13-year-old passenger was taken to the hospital for treatment of serious injuries. Thankfully, all in the rear-ended car were wearing seatbelts.

According to the Florida Highway Patrol, that driveris a known "habitual traffic offender." He left the scene of the accident on foot, and was later apprehended by the Manatee County Sheriff's Office.

Handling the aftermath of your motorcycle accident

Many people in Florida who choose to ride motorcycles do so because they enjoy the freedom of the open road and the overall experience of biking, However, many other motorists do not know how to properly share the road, and as a result, innocent bikers may suffer serious injuries in motorcycle accidents.

If you suffered serious injuries in a motorcycle accident that was not your fault, you do not have to deal with the aftermath on your own. While you may feel overwhelmed by your circumstances or unsure of what you should do next, you may have grounds to seek compensation through a personal injury claim. As an injured biker, you have rights.

Brawls and laws: who is eligible for a patron's injuries?

Many people may go out for a drink with friends, thinking it is going to be a great, fun night. While standing by the bar waiting to order, when suddenly, a drunken brawl breaks out right nearby. Suddenly, there is nowhere to go, and by the time the fight is broken up by security, instead of receiving a drink, the bar-goer receives a black eye and bloody lip. These scenarios happen often in bars across the country.

There are laws in 43 of the 50 states, including Florida, that place the liability of patron safety on an establishment serving alcohol. They are known as Dram Shop Laws, or Dram Shop Acts. These laws are intended to protect the public from damages resulting from the continued service of alcohol to intoxicated persons, or to minors.

Can I get compensation for loss of companionship?

When a husband or wife becomes deceased in an event that results in a wrongful death claim, the surviving spouse may be entitled to compensation in what is referred to as loss of companionship.

Loss of companionship is not a claim on its own. However, it can be considered within a wrongful death case under an umbrella of claims knows as Loss of Consortium. The idea behind these claims is that the spouse has been deprived of the loved one's companionship.

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