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The term “fender bender” is a colloquialism people use to refer to a seemingly small accident that causes minor injuries to the vehicles involved. But in legal terms, it’s an accident. And all accidents should be taken seriously.

Even a minor bump that caused little damage to your car could cause damage to your body if you were jerked suddenly or if you were turning to look over your shoulder at the time. The spine and neck are very delicate and can be easily injured. Don’t take any accident lightly.

What to do immediately after a minor accident

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage to pay for their accident-related medical expenses, regardless of who was at fault in the accident. This no-fault system also restricts an injured party’s right to sue for pain and suffering. Injured victims can only sue the at-fault party for non-economic damages under certain circumstances, such as death, permanent injury, and serious disfigurement. 

Receiving damages in Florida

The first step after an accident is to see a doctor within 14 days in order to be eligible for any PIP coverage, which is carried on your auto insurance policy. If you don’t have car insurance and live with a family member who does, their insurance will be used. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries cause the person a loss in wages, PIP can cover up to 60% of these lost wages, up to the $10,000 limit.

Medical device failures occur more often than most people realize, and they can have catastrophic effects on the health of the individuals who were supposed to be helped by them. 

Lawsuits for medical device failures often fall under the category of product liability law. However, medical malpractice lawsuits often include medical device failure as part of the suit. For instance, if a device had a known or knowable defect and the medical provider used it anyway, both the provider and the manufacturer would be held at fault for your injuries.

If you believe you have been injured by a faulty medical device, don’t wait to seek the help of an experienced personal injury lawyer. As a Florida personal injury attorney, I have expertise in all aspects of medical malpractice and product liability law, and I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence.

When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

You’ve been injured in Florida by someone else’s negligence, whether due to a vehicle accident, a slip and fall, medical malpractice, or a product malfunction. You’re not happy with the settlement being offered, you’re rightfully angry, and you want your day in court. You think a judge will easily see your side and award you a big win. But it isn’t that simple.

Sometimes, going to court is the best option, but usually, negotiating a settlement with the help of an expert personal injury attorney will result in significant financial compensation without the expense, hassle, and delay of going to court.

No case goes to court unless both parties have tried to come to an agreement first. The typical steps taken in a personal injury case, if it goes to court, are as follows:

Insurance companies provide a very valuable service, and there are certainly many well-intentioned people who work for insurance companies, but the companies would not stay in business for long if they didn’t do their best to offer the least payout that they can get away with when it is time for them to settle a claim. If you have a Florida insurance claim, you should not accept the insurance company’s offer without first consulting with an attorney.  

The insurance company’s offer

Insurance companies have attorneys fighting for them and expert negotiators who know the ins and outs of every policy and all the loopholes that were carefully crafted to give them leverage to minimize your settlement offer. They use legal terms and jargon to confuse you and make it seem as if this is the best offer you are going to get. They may even try to intimidate you into believing that if you don’t accept what they’re offering now, you may not get anything. This manipulative behavior is frightening to someone who really needs the money right away to pay medical bills or to recover financially from lost wages due to the accident.

One of the most common types of car accidents is a rear-end car accident, which involves being hit from behind. Such accidents range from a “fender-bender” when someone doesn’t stop quickly enough at a stoplight to a very serious crash caused by a distracted driver in traffic. But even a small bump can cause a sudden jerk of your head or back that could seriously injure the very delicate and critical spinal cord.

Your spine houses and protects your nerves, which branch out to every part of your body, every organ, and every extremity. An injury to your spine can cause unexpected complications in unexpected locations in other parts of your body, so if you begin experiencing problems anywhere in your body shortly after an accident, do not discount them. They may be caused by the accident.

Common injuries from a rear-end car accident include:

When you have been hurt in an accident, medical care may begin immediately, and you may be worried about how you will pay your medical bills before you have received a financial settlement. At Quackenbush Law, our team works quickly to assess the situation, review all documentation and statements, advocate with insurance companies, and negotiate on your behalf.

PIP first

The first medical insurance coverage that kicks in is PIP – Personal Injury Protection – which is required on all auto insurance policies in Florida. If you don’t have auto insurance, you can seek coverage from the insurance policy of a family member with whom you live or that of the vehicle you were riding in at the time of the accident, depending on your individual situation. Regardless of what insurance company is paying your medical bills, you must see an approved medical provider within 14 days of the injury to qualify for PIP coverage.

When you have been seriously injured in Florida due to an accident, product malfunction, or medical malpractice, your severe injuries may leave permanent damage impacting all areas of your life. At The Quackenbush Law Firm, we fight for you to ensure that you receive the compensation you deserve.

I leave no stone unturned when I investigate and evaluate every aspect of the accident and its consequences in order to determine, based on all the facts, how this will impact your future life.  My goal is to ensure that you will have the resources to not only compensate for past expenses and take care of your immediate needs but to guarantee that you have the funding for ongoing medical care and fair compensation for your pain, suffering, and lost future earnings.

Long-term consequences

If you’ve been injured in a car accident in Florida and your expenses exceed your insurance policy limit, you may still be able to receive additional financial compensation for your injuries. However, you need an experienced personal injury attorney to help you. Our team is an expert in investigating every aspect of your case to help you get the money you need and deserve.

Florida PIP policies and your options

Florida requires that everyone who has been in an accident involving a self-propelled vehicle (car, truck, motorcycle, etc.) turn to their PIP coverage first. Every Florida auto policy must carry Personal Injury Protection (PIP), which covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If the injuries cause a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000.

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