Back and Neck Injuries from Rear-End Collisions

Florida has numerous roadway accidents annually. In fact, during the first nine months of 2018, 175,000 serious injuries were recorded according to Florida's Integrated Report Exchange System (FIRES). There is very little data providing definitive information pertaining only to rear-end collisions. However, the National Highway Traffic Safety Administration (NHTSA) estimated in 2015, slightly more than one-third of roadway accidents were rear-end collisions.

It is Difficult to Avoid a Rear-End Collision

While none of us are expecting to be involved in a car accident, we are less prepared for a rear-end collision. If you see a vehicle approaching an intersection that you suspect may strike your car from the front or side, you have a few seconds to brace yourself. Typically, this is not the case in a rear-end collision. Chances are, you are not anticipating much, if any, activity from behind you, regardless of how carefully you are watching what is happening.

Rear-end collisions sometimes occur when you come to a stop at an intersection and the person behind you fails to stop. They may also occur when another driver fails to properly control their vehicle on wet roadways or when they are simply distracted and fail to keep a proper distance behind you. Regardless of the reason, you seldom have a chance to get out of the way of this type of an accident meaning your body is going to suffer as a result.

Rear End Collisions the Impact on Your Body 

• Whiplash — common in rear-end collisions, whiplash occurs generally when your head is forced forward unexpectedly. In most cases, symptoms arise within 24 hours of an accident. According to Mayo Clinic, the symptoms are wide-ranging and may have long-lasting side effects.
• Spinal Trauma — in more serious cases, a victim who has suffered a spinal trauma after a rear-end collision could need permanent, long-term care. John Hopkins Medicine estimates there are 12,000 new cases of spinal trauma annually, some of them resulting from auto accidents.
• Head Injury — can range from a mild concussion to traumatic brain injury and can be debilitating. According to the National Spinal Cord Injury Statistical Center, nearly 40 percent of all traumatic brain injuries are the result of a roadway accident.

Rear End Collisions and Fault

In nearly all cases, a rear end collision is the fault of the driver who struck you. This is because one must maintain complete control over their vehicle when they are on the roadways. Whether you stop quickly because a person unexpectedly entered the roadway, or you are one in a line of people impacted because an accident occurred behind you resulting in a chain accident, chances are the person who struck you will be responsible.

Since not every driver exercises proper caution on Florida roadways, the driver behind you may be distracted by a cell phone, GPS or other electronic device meaning they are not paying attention to your signals. This means you could be struck when changing lanes or approaching an intersection intending to make a turn.

Damage to Vehicle, Medical Bills, Time Lost From Work

Any accident on the roadway can lead to unexpected financial burdens. After any car accident you should be thoroughly examined by a physician to ensure you have not suffered a serious injury. Because your body suffered a trauma, your system will be flooded with adrenaline which can mask symptoms. In some instances, symptoms will not appear for 24 – 48 hours, and in some cases, could appear later.

For accidents which result in minor injuries, you may only have to see the doctor one or two times after an accident. However, in more serious rear-end collisions, you could suffer a long-term injury which may result in the need for rehabilitation, skilled nursing care, or surgical procedures.

In addition to the medical bills, you may also lose time from work. This can be costly and could lead to a financial hardship for your family. The person responsible for your injuries may be held liable for your financial damages. Keep in mind, the more serious your injury, the longer you may be unable to work. In some cases, such as in the case of a traumatic brain injury, you may not be able to return to work at all.

Finally, the damage to your vehicle after a rear-end collision may be minor, or your car may not be repairable. This means an added expense you are not expecting. You should not have to bear this burden.

Rear End Collisions and Florida's No Fault Insurance

Keep in mind, while Florida's no-fault insurance rules mean you should file a claim with your own insurance company, there are instances when you may be able to file a claim against the at-fault driver. This means your insurance company may pay your claim, but if your expenses exceed your upper coverage limits, you may file a personal injury lawsuit to recover additional damages.

There may also be other damages which you may be entitled to collect from the driver responsible for your injuries. In addition to your actual costs, they may be required to pay punitive damages, ongoing costs of medical care, and non-monetary damages such as for pain and suffering. The only way to determine if you can recover financially from a rear-end collision is to work with an attorney who has experience handling these types of accidents. You want someone who will review your case, understand the facts surrounding the accident, and inform you of your options.

Contact a Car Accident Attorney

Many accident victims are unaware of their legal rights after an accident. Therefore, it is important to speak with an attorney who has experience with rear-end collisions as soon as practical after an accident. Working with a lawyer can help preserve your rights and ensure you are treated fairly. The right attorney will review your case and help you determine if a personal injury lawsuit may result in your getting compensation for your financial losses and other eligible damages.

Dealing With Florida Car Accident Claims

Since Florida is a no-fault insurance state, many drivers think their best bet is to simply contact their insurance company and let the chips fall where they may. This attitude could mean you will not get the reimbursement you think you may be entitled to, particularly if you were not at fault for the accident. Remember, under the no fault statutes, your initial claim would go through your insurance company but, that does not mean they will be working hard to ensure you are financially whole after an accident.

Complications with Car Accident Claims
There is little doubt after a car accident, you will have numerous challenges to face. Damage to your car, injuries, and lost time from work can mean you are under a great deal of stress. Because the no-fault laws only require you to maintain $10,000 in personal injury coverage (PIP), there is a good chance you are going to have additional out of pocket charges, particularly if you suffered a serious injury. This is one of the reasons why it is a good idea to contact a St. Petersburg car accident attorney after you speak with your insurance company.

Other complex situations you can face after a car accident may involve:

• Ride Share Accidents
• Out of State Drivers
• Under Insured Drivers
• High Out of Pocket Costs

Therefore, it is imperative you reach out to an attorney as soon as possible after your accident. Keep in mind, the insurance company will be interested in protecting their bottom line, not on making sure you are made financially whole after an accident.

Denied or Low Settlement of Claims
One of the issues you could potentially face is the insurance company denying your claim, or only paying a portion of your claim. Generally, if you have an attorney, this is less likely to occur since the insurance company knows you have someone protecting your rights and looking out for your best interests.

Since this is the case, the insurance company may deny all or part of your claim. Victims should be able to file a claim for the full financial burden associated with the accident including damage to their vehicles, medical bills, and for wages lost while recovering. The more serious the injury, the more likely a victim is to exceed the amount of their PIP coverage.

Remember, you have up to four years to file a personal injury claim after an auto accident. You do not have to accept the first settlement an insurance company offers and in most cases, you should not.

Talking to Insurance Adjusters in Florida
After a car accident in Florida is reported to your insurance company, you will be contacted by an insurance adjuster. You may get more than one call, one from your insurance company and one from the other person's insurance company. One thing to keep in mind is the insurance adjuster works for the insurance company and is not contacting you to protect your interests. They may recommend you have your health insurance pay for your treatment which you should not do under any circumstances. You want to have your treatment covered under your PIP coverage. Your health insurance may be used to pay for copayments but not for your treatment.

Another step the insurance adjuster may take is offering you a fast settlement, even if you are still undergoing treatment for your injuries. Remember, the best interest of the insurance company is that a claim is paid as quickly as possible for as little as possible. If you accept a settlement, you may also be asked to sign a release which could prohibit you from making any additional claims.

Drivers or passengers involved in an accident should avoid speaking with the other person's insurance adjuster, and should not accept the first settlement offered, particularly if they are still undergoing treatment for their injuries. Should an insurance adjuster ask permission to record your discussions you should tell them you wish to speak with your car accident attorney first. Do not allow any statements to be recorded without talking to an attorney.

Car Accidents and Serious Injuries
Victims of a car accident should also be aware if they suffer a serious injury per Florida statutes, you may still have the right to file a personal injury claim against the at-fault driver. Florida defines serious injury as one that results in permanent injury, significant disfigurement or scarring, or the loss of a bodily function such as hearing or sight. Families who have lost a loved one in a  car accident also have the right to file a personal injury lawsuit against the at-fault driver.

Another complicating factor in Florida settlements for car accident claims is the pure comparative negligence rule which states that victims who are partially responsible for the accident may have their settlements reduced by the percentage they are found liable for the accident.

Contacting a Car Accident Attorney
Since the insurance company is typically more interested in protecting their bottom line, than protecting you, their customer, you may need someone to serve as your advocate. The insurance process can be complicated, even when you are dealing with a company with whom you are familiar. Too often, consumers feel pressured into accepting less money than what they might be otherwise entitled.

You can protect yourself by working with an attorney who is familiar with the no fault insurance claim process. When the insurance company is aware you have sought legal assistance, they will generally understand future contact will be conducted through your attorney. Remember, once you have retained legal help, you can simply refer all questions from the insurer to your attorney.

If you have been involved in an auto accident in Florida, contact  a car accident attorney as soon as possible. Our goal will be to make sure you have an advocate working on your behalf ensuring you will get a fair shake from the insurance company.

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Defective Products Personal Liability Lawsuits

Oftentimes we hear about large settlements being awarded in personal injury cases that apply to product liability cases. What many people do not know is how product liability law works and who is responsible when a consumer is injured. A defective product is one that when used in accordance with directions causes damage or injury to the user. Product liability is common when and injury results because the product, the product label, or the instructions for use of the product were defective.

When Product Defects Occur
A product defect can occur in one of three stages, specifically, design, manufacturing and with product instructions or warnings. It is important for consumers to understand how these defects occur. In the design stage, a defect can mean the entire product is dangerous for the public. During manufacturing, the type of raw materials used can render the product dangerous, and during the labeling process, there may be a failure to warn about potential dangers or failure to provide sufficient instructions on the proper use of the product. An example of a potential danger warning would be small parts that can come off and cause choking in children.

Accountability for Defective Products
Anyone who is injured due to a defective product must be able to establish who is responsible for their injury. Liability may involve the company who manufactured the product, a person who repaired the product, or sellers. It is important to note that the category of sellers may also include distributors, wholesalers, or direct sellers.

Establishing Fault in Product Liability
Unlike other cases of personal injury where a victim may have to establish the other party was negligent, product liability suits require the victim to show:

• The product had a defect
• The consumer suffered an injury
• The defect was responsible for the injury

The difference is that while a car accident victim must prove the other driver was negligent, in cases of defective products, the standard is strict liability.

The Right to File a Product Liability Lawsuit
The person who purchases a defective product and is injured by that product can file a personal injury lawsuit. However, the liability does not end there, if you were using someone's blender and it suddenly caught fire because of a defect, you also have the right to file a lawsuit as an injured party. The basis for filing a defective product lawsuit is that a person was using a product as intended, said product was defective, and the user suffered an injury because of the defect.

Monetary and Non-Monetary Damages Possible
When you or a loved one suffers an injury due to a defective product, it is possible to file a lawsuit to collect damages. Some of the damages you may be entitled to recover include medical expenses, damage that was caused by the product to your home, and lost wages. Non-monetary damages, those which did not cost you money may include pain and suffering and loss of consortium. In some instances, your personal injury attorney may also file a lawsuit for punitive damages which is a dollar amount to punish the conduct of the responsible party.


If you or a loved one was injured due to a defective product, contact a product liability attorney anywhere you live. While some of the information contained in this post applies to Georgia law, most states have similar statutes.

Basic Arkansas Personal Injury Law

Personal injury occurs when someone is injured physically or mentally due to someone’s negligence. Personal injury is a blanket term that defines a broad category of incidents where someone may be liable. Some of the more common types of personal injury include:

• Car accident victims – for those who are injured in an auto accident, a personal injury attorney may help them recover damaged from the other driver. In many cases, insurance companies are going to attempt to keep the amount of a settlement as low as possible in order to protect their bottom line. A personal injury attorney can help ensure victims get the compensation they deserve. Personal injury suits will not help you pay for the damage to your vehicle, but will help pay for medical treatment over the short-term and long-term
• Medical malpractice victims – whether you have suffered because of a missed diagnosis or you have been prescribed medication that exacerbated an existing condition, you may be a victim of medical malpractice. In addition to these common claims, other medical malpractice includes loved ones who suffer nursing home abuse, surgical errors and in some cases, certain birth defects that were caused by a physician’s prescribing medications or failure to recognize warning signs of fetal distress
• Defective product victims – whether you have been administered a drug that is making you ill or you have purchased an appliance that caused you bodily injury, you may be entitled to file a defective product claim. A Arkansas personal injury attorney can help you determine your rights under the laws and make sure you get the compensation you deserve

Understanding statutes of limitations
Arkansas law is very specific about when you must file a claim for personal injury. The statutes are

Arkansas car accident stats and injuries

During 2011, there were more than 50,000 car accidents in Arkansas. More than 17,000 accidents resulted in serious injuries and more than 500 resulted in death while the others caused property damage. Car accident injuries are a constant source of concern and when you review the statistics provided regarding car accidents, it is frightening to review the causes of accidents.

Causes of accidents

Let's face it, regardless of the cause of an accident, the fact you are facing serious injuries or may have lost a loved one is devastating. However, when you look at many of the causes, it is immediately clear that many of these accidents could have been avoided. Some of the primary causes of accidents include:

• Careless driving - in 2011, more than 17,000 accidents were caused by careless driving
• Ignoring traffic signals - of the more than 50,000 accidents, more than 1,000 were caused because a driver ignored a traffic signal
• Impaired driving - more than 1,800 accidents were caused by a drunk driver
• Road conditions - more than 3,000 accidents were caused because a driver was going too fast for road conditions

When you are involved in an accident

There are some steps you must take after a car accident to ensure your safety as well as gather

Personal Injury Law: Construction accidents

There are countless jobs that carry inherent risks such as firefighters, police officers and other law enforcement roles. While the people who enter these professions understand the risks, there are other jobs that present serious hazards that may be overlooked. One of the fields with a high number of accidents is the construction industry. In fact, the Bureau of Labor Statistics has records that show that for every one hundred full time workers, four will be hurt on the job. This statistic should be sufficient to frighten anyone who works in the construction industry.

Unsafe equipment, falling from scaffolding, incidents with forklifts and other similar problems occur all the time at construction sites. The more "specialized" the work, the more likely you are to be injured; the same study indicates an uptick of nearly three tenths of a percent in injuries in more specialized construction fields.

Equipment and maintenance failures

Unfortunately, the most rigorous inspection processes cannot always stop equipment failure. Even when a company takes precautions, such as using harnesses and other safety equipment on scaffolding, accidents do still happen. While safety equipment may help minimize the risks, there is still a potential for serious injuries. Here are some of the other things that might go wrong at a typical construction site:

• Problems with power tools - power tools can short out and cause electrocution, flying debris from power tools can cause eye, face or head injuries, and they can also cause the loss of fingers, toes and more. Regardless of how well equipment is maintained, the possibility does exist.
• Cranes and winches - unfortunately, this equipment must be operated by someone with a high level of training and good safety training. This may not always prevent an accident however, since these large pieces of equipment can tip over and cause not only the operator life-threatening injuries but also may cause injuries to people who are in the general area.
• Falling debris - nearly all of us have been in construction zones (or destruction zones!) and seen debris falling from building roofs or open (or unfinished) windows. If the area around the building is not properly corded off, people can get hurt. The velocity of something falling from a roof or upper window can cause head injuries and in extreme cases, can even cause death.
• General obstructions - let's be honest, construction sites often have numerous people working on different projects at the same time. What many companies fail to do is to ensure that the work areas offer sufficient space for navigating around workers and equipment. This can cause trip and fall accidents or other similar accidents.
• Ladders - too often, ladder rungs become unstable causing potential hazards. Too frequently these unstable rungs cause people to fall from ladders without any safety net below them. These types of falls can cause life-long disabilities or death.

Water related work and accidents

While most of us think that working near water implies that you are working as a dock worker, fisherman or other occupation, there are countless waterside construction projects that occur all

Minnesota Premises Liability Laws

Property owners have a responsibility that must be taken very seriously. Whether it is a business opening their doors for the first time or a homeowner, a duty of care must be extended to all invitees. Whether you are going to a shopping center or visiting a neighbor, your safety is the concern of the property owner or the person who is occupying the property.

When Someone Else is Liable

Naturally, accidents can happen at any time, for any reason. However, the basics of premises liability is an injury could have been prevented had the property owner or occupier exercised a reasonable level of care to ensure invitees were safe while on the property.

Hazards Resulting in Premises Liability Accidents

Premises liability cases are some of the most challenging claims to process because they must be thoroughly investigated. In Minnesota, one of the most common types of premises liability cases are due to failure to properly remove ice or snow from common areas. However, there are other types of premises liability cases that are far more complex and require more investigation. Some of these include:

• Injuries due to improper lighting — lighting must be adequate in all areas of a property including parking lots, garages and walkways. One must first be able to prove the owner of the property had knowledge the lighting was insufficient; if the lights were recently burned out, they may not have been aware of a problem.
• Flooring issues — if a floor is highly waxed, there is damaged carpeting or there are uneven spots in floors, these can cause slip and fall or trip and fall hazards. These conditions are typically more long-term and they should have been brought to the attention of the owner and repaired.
• Poor security — this is concerning in commercial facilities where an invitee may be assaulted in a parking lot or garage. If a property owner was aware they were in a bad area and had not taken proper precautions to protect persons entering their premises, they may be held liable.

These are only a few of the common types of hazards that could result in a property owner being

Louisiana Personal Injury Law

Louisiana personal injury occurs when someone is injured physically or mentally due to someone’s negligence. Personal injury is a blanket term that defines a broad category of incidents where someone may be liable. In most cases, personal injury claims are the result of negligent behavior or accidents caused by circumstances that could have been avoided. What are some common reasons people file personal injury cases?

• Car accidents – for those who are injured in an auto accident, a personal injury attorney may help them recover damaged from the other driver. In many cases, insurance companies are going to attempt to keep the amount of a settlement as low as possible in order to protect their bottom line. A personal injury attorney can help ensure victims get the compensation they deserve. Personal injury suits will not help you pay for the damage to your vehicle, but will help pay for medical treatment over the short-term and long-term.
• Medical malpractice – whether you have suffered because of a missed diagnosis or you have been prescribed medication that exacerbated an existing condition, you may be a victim of medical malpractice. In addition to these common claims, other medical malpractice includes loved ones who suffer nursing home abuse, surgical errors and in some cases, certain birth defects that were caused by a physician’s prescribing medications or failure to recognize warning signs of fetal distress.
• Defective products – whether you have been administered a drug that is making you ill or you have purchased an appliance that caused you bodily injury, you may be entitled to file a defective product claim. A Louisiana personal injury attorney can help you determine your rights under the laws and make sure you get the compensation you deserve.
• Premises liability – when you slip and fall, get hit by falling objects or are a victim of violence in a location that was poorly lit or had inadequate security, you may have the right to sue the owner of the property.

What to do if you suffer an accident because of someone else’s negligence

When you are injured because of someone else’s negligence, you may be entitled to remuneration for your injuries, for lost wages and for medical care including rehabilitation therapy, hospitalization, medications and doctor’s visits. However, you often have to fight for these rights since insurance companies are likely to fight you every step of the way. This is why you need to call a personal injury attorney as quickly as possible after an accident that was caused by negligence.

Louisiana law is very specific about when you must file a claim for personal injury. In nearly all cases, victims or their families are required to file a claim within one year. This is true whether you are filing a bodily injury claim after an automobile accident or whether you are filing a claim on behalf of a loved-one that lost their lives for any reason.

Victims of bodily injury may be eligible to receive compensation for medical treatment(s), lost wages, loss of consortium and pain and suffering. However, without contacting an attorney who understands the personal injury statutes, you may wind up at the mercy of an insurance company who is determined to pay as little as possible on your claim.