Car accidents are a common occurrence on the roads of Florida, and they can have serious consequences for those involved. If you have been in a car accident in Florida

How to Prove Fault in Your Tampa Car Accident Claim if There Were No Witnesses

Each year, thousands of car accidents occur in Tampa, many with no witnesses. This lack of direct witnesses can pose a serious challenge for those seeking to prove fault in

When Does Uber or Lyft’s Insurance Coverage Apply to Your Lakeland Rideshare Accident Claim?

Rideshare services like Uber and Lyft have become increasingly popular in Lakeland and other cities, providing a convenient and affordable mode of transportation for many people. However, with the rise

What to Do if You’re Injured by an Airbag in a Lakeland Car Crash

Car crashes are an unfortunate reality that can cause serious injuries and even fatalities. In the midst of the chaos and confusion of a car crash, one may not even

Recent Car Accidents Blogs:

Will There Will Be A Car Accident Investigation?

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Should I Seek Medical Attention After An Accident?

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Should I Tell My Doctor About Prior Injuries?

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

What Is A Permanent Injury In Florida?

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

What Is "Maximum Medical Improvement?"

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

What Is "Palliative Care?"

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

How Can A Lawyer Help Me After An Accident?

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Big rig trucks, also called semi-trucks or 18-wheelers, can inflict devastating damage in an accident. Some of the most tragic results occur when passengers in smaller vehicles suffer severe injuries, including permanent impairments, disabilities, or even death.

If you or a loved one was injured in a collision caused by one of these massive trucks, a Sebring big rig accident lawyer can assess your case and recommend your best course of action for pursuing a claim. A Sebring truck accident lawyer at Dismuke Law can assist with your personal injury claim or lawsuit.

What Damages Can You Claim After a Big Rig Truck Accident in Sebring?

Individuals who suffer injuries in an accident caused by another party’s negligence can pursue personal injury claims or lawsuits to seek compensation reflecting their financial and subjective losses.

These losses are legally referred to as damages and often include the following:

Current and future medical expenses, such as emergency medical care, hospitalization, surgeries, diagnostic testing, physical therapy, prescription medication, etc.
Loss of income resulting from work leave related to recovery
Diminished earning capacity due to long-term impairment
Physical pain and suffering
Mental anguish
Scarring and disfigurement
Disability

You may have suffered additional compensable losses. A Sebring big rig trucking accident lawyer at Dismuke Law can tell you more about your options for compensation.

Will Your Case Go to Court?

Most personal injury claims are settled out of court with the liable parties or their insurance companies. However, in some cases, the parties cannot agree on a settlement amount, and the case must go to trial. If this occurs, your big rig accident lawyer in Sebring, FL can represent you and argue your claim on your behalf.

Wrongful Death Claims Following Big Rig Accidents in Sebring

If you lost a loved one in a Sebring big rig accident caused by another party’s negligence, you may be eligible to pursue a wrongful death claim. According to Florida Statutes § 768.21, potential beneficiaries in wrongful death cases include spouses, children, and parents of minor children. A personal representative may file a lawsuit on behalf of the estate.

Damages in these cases typically include the following, depending on the beneficiary or beneficiaries’ relationship to the decedent:

Repayment for the decedent’s medical bills
Reimbursement for funeral, burial, or cremation costs
Loss of the decedent’s income
Loss of companionship and protection
Loss of the decedent’s support, guidance, instruction, and love
Mental pain and suffering of surviving family members

The Deadline for Filing a Lawsuit After a Semi-Truck Accident in Sebring

Per HB 837 / SB236, Florida imposes a two-year statute of limitations on both personal injury and wrongful death claims. This means an individual has just two years from the date they suffered injuries or their loved one’s death to file a lawsuit pursuing damages for their losses.

Failure to meet this deadline can result in the court dismissing your case. We encourage you to Ask Dave about your case as soon as possible to allow your big rig accident attorney in Sebring, FL enough time to build a solid case and comply with the statute of limitations.

Proving Negligence and Liability After a Big Truck Accident in Sebring

To hold the at-fault party liable for your big accident and injuries, your Sebring big rig truck accident attorney must prove they were negligent in some way. Doing this typically requires showing that the potentially liable party failed to uphold their legal responsibility to act cautiously and avoid causing you harm.

Using an at-fault big rig driver as an example, this would require establishing the following:

Duty of care: All vehicle drivers are legally obligated to adhere to the rules of the road and drive with caution.
Breach of duty: The truck driver violated or breached their duty of care. For example, they may have been driving at excessive speeds or under the influence of drugs or alcohol.
Causation: The truck driver’s breach of duty directly caused the big rig accident and, as a result, your injuries. In other words, the accident would not have happened if they had been driving more carefully.
Damages: You suffered quantifiable losses due to the accident and your injuries.

In some cases, potentially liable parties are held to a different standard of care known as strict liability. For example, if a defective truck component led to your accident, the manufacturer may be held responsible for your losses. The trucking company may also be at-fault if the big rig truck driver was on duty at the time of the accident, due to a legal principle called respondeat superior.

Proving Fault for Violations Related to Florida Trucking Laws

Florida imposes laws and regulations on commercial trucks and their operations. If the truck driver or trucking company broke any of these rules, their action or inaction could have caused or contributed to the accident.

The causes of trucking accidents are not always obvious, and you may want to secure legal representation from a Sebring big rig truck accident attorney to help you prove fault and identify the liable party.

Proving fault requires evidence. Your personal injury attorney can help you collect the following evidence and more:

Truck driver logs, which document the hours drivers are on duty to ensure their adherence to hours of service regulations set by the Federal Motor Carrier Safety Administration
Maintenance records, which can provide evidence if truck drivers, owners, or companies failed to perform necessary vehicle inspections or maintenance.
Information from the event data recorder or black box device, which stores data concerning all aspects of the truck’s operation.
The truck driver’s employment and driving records to determine if they possessed the required licensing and qualifications to drive the vehicle.

“Ask Dave” How a Sebring Big Rig Accident Lawyer Can Help You Today

At Dismuke Law, our personal injury law firm is dedicated to fighting aggressively to secure the fair compensation our clients deserve for their losses. If you have questions about your case and want to pursue financial compensation, you can “Ask Dave” about your legal rights and options.

Whether you were injured or lost a loved one in a big rig accident caused by another party’s negligence, contact us today for a free, no-obligation consultation and case assessment.

Take The Next Step

We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Not Just Your Attorney

Acting Within Our Community

Charities We Support and Communities We Are Involved In