Firm News

How to Get a Police Report for an Accident in Miami

July 21, 2022

If you are involved in a car accident in Miami, you should always call 911, especially if you believe that the other party was at fault for causing the collision. The police officer will gather information that they will compile and file in an official accident report.

To get a copy of a police report for an accident in Miami, you will have to engage in a process that depends on the division that was responsible for filing your report. You can locate your case by searching based on the case number, location of the accident, or names of the drivers involved. Police reports are typically available around 10 days after the accident and will become public record after 60 days. Once you obtain your police report, go over it with your lawyer to determine if there are any mistakes that you may need to get fixed.

No matter how serious your injuries may be, Newman Injury Law believes that you deserve competent legal representation. Our Ft. Lauderdale car accident lawyers can help answer any questions you may have about your accident or police report for free. To hear more from us, call our offices at 954-495-8500

How to Request a Copy of a Police Report for an Accident in Miami

Your first step for getting a copy of the police report for your accident is determining which division was responsible for collecting the information and filing the report. The rules differ depending on the specific county in which the report was filed. For instance, if the law enforcement officer who filed your police report was a member of the Broward County Sheriff’s Department, you will not be able to obtain it through a request made to Miami-Dade.

Accident reports typically take 10 days from the date of the accident to become available online. Once they are, you can typically find them on the statewide portal. More than 150 police divisions across the State of Florida make use of the portal. If 10 days have passed and you are unable to locate your accident report, contact the specific division that was responsible for filing your report for more information.

To locate your specific report, you will want to have the following information handy:

  • Case number
  • Location of the accident
  • Date and time of the accident
  • Names of drivers involved

You do not need all of this information to locate and request your accident report. However, there are so many accident reports filed every day that this process can be time-consuming if you cannot narrow your search down enough.

Are Police Reports Public Records in Miami?

All accident reports in the State of Florida will end up on the public record and are accessible by anyone, not just those involved in the accident or their insurers. However, the report will not enter the public record until 60 days after the date of the accident itself. Therefore, you must submit an affidavit to obtain a copy of the accident report before the 60-day mark is reached. In the affidavit, you must attest to the fact that you were directly involved in the crash. If time is at issue (and it usually is), your Miami car accident lawyer can help you compose and submit your affidavit.

When Are Police Reports Required for Accidents in Miami?

In almost every accident situation in Florida, a police officer who is called to the scene is required to file an accident report. Florida law requires accident reports to be compiled and submitted where there are any injuries, where a driver fled the scene, or where the accident involved a commercial vehicle that became disabled and required a tow.

Even if you believe that you escaped the accident uninjured or that the damage was minor, you should always call 911 and ask the dispatcher to send a unit to the scene. If you left the scene of the accident without a police report, you can still file your own police report under Florida law. The procedure for filing your own accident report depends on the jurisdiction and roadway where the accident occurred.

What Information Is in a Police Report for an Accident in Miami?

Police reports are a valuable source of information for victims left reeling after an accident and looking to file an insurance claim or a lawsuit. These details can also be helpful for your Miami car accident lawyer when establishing the facts surrounding your accident and determining how to proceed with your case.

The following information will likely be included in a Miami accident police report:

  • Date, time, and location of the accident
  • Identity and contact information of all parties involved in the accident
  • Driver’s license information and license plate numbers
  • Description of damage caused by the accident
  • Witness names and contact information, where available
  • Citations or violations
  • Statements from drivers and witnesses
  • Visual depiction of the accident
  • Description of conditions (weather, visibility, etc.) at the scene

What Should You Do Once You Get Your Police Report for an Accident in Miami?

Once you get a copy of the police report, you should go through every one of the above details for completeness and accuracy. Police officers file a number of accident reports every week, and it is entirely possible that some information was lost or misinterpreted in the shuffle. If your report contains mistakes, you have the ability to amend them, but you must act quickly to do so. Our Ft. Lauderdale personal injury lawyers can help you through this process so that your case is handled fairly.

Get Your Police Report for a Miami Car Accident Today

Having issues trying to obtain or amend your police report?  Leave the details to the experienced Aventura car accident lawyers at Newman Injury Law. Call us for a free case review today at 954-495-8500.

Who Do You Sue if a Boat Hits You in Florida?

June 21, 2022

If you are involved in a boat collision that leaves you injured, you may be considering taking legal action to recover for your injuries.  After all, if the accident wasn’t your fault, someone else should be paying the bills for your medical care or boat repairs.  However, boating accidents are often more complicated than car accidents for the purposes of lawsuits.

If a boater negligently hits you in Florida, you should usually sue that person.  However, Florida does not require boat owners or operators to carry insurance, unlike car owners.  Therefore, if a boat hits you and causes you injury, your recovery may be limited to what that individual can pay rather than what their insurance company can pay.

For more information about your potential lawsuit after a boating accident, call Newman Injury Law.  Our experienced Florida boating accident attorneys can assess the facts of your specific case and provide you with the information you need to determine your next steps.  For your free initial consultation, call our offices at 954-495-8500.

How to Determine if You Can Sue When a Boat Hits You in Florida

Boating is a fun, enjoyable pastime, but accidents do happen.  Sometimes, in instances where two boats are involved in a collision, fault is shared between the two boat operators.  However, a boat accident victim can sue the other operator for their fair share of fault.

The size and capability of the vessels involved will typically dictate which party bears more fault for the accident.  For instance, where a collision involves a motorboat and a sailboat, the motorboat bears greater responsibility more often than not.  Where the collision involves much smaller vessels, such as canoes or windsurfing boards, the larger entity will often be more at fault.  While these are the average tendencies, courts may view individual situations differently, especially if one of the parties involved was inebriated while operating their vessel.

In order to sue for a boating accident under a theory of negligence, you must prove that the harms you sustained occurred due to the failure of the other party to operate the boat with reasonable care.  External factors such as weather and visibility may play a role in the boating accident and complicate a finding of negligence.  Speak to a Miami boating accident lawyer to hear more about whether you may file a personal injury lawsuit for your boating accident.

How Does Compensation Work if a Boat Hits You in Florida?

Legally, if a person negligently causes you harm in a boating accident, they are liable to you for monetary damages.  If you are injured in a boating accident because of the other operator’s negligence, you could win more compensation in court or through settlement than through an insurance claim.

Damages available to boat injury victims in Florida include compensation for direct expenses associated with the injury.  These expenses include costs of medical care, such as emergency procedures, doctor’s appointments, and physical therapy.  If you miss time at work while recovering from your injuries, you could also be compensated for your lost wages.

You will also be compensated for the pain and suffering you experience as a result of your traumatic experience and the resulting injuries that may leave you with psychological discomfort or chronic physical pain.

Determining how much you may stand to win in a court case depends on several factors.  Courts will analyze the specific facts of the accident, the nature of the injuries, and the background of the victim to come to a figure. The only way to get a reasonable estimate of what your case is worth is to speak to an experienced Hallandale personal injury attorney.

Typically, larger vessels, especially those that are commercially owned and operated, will have insurance policies that cover injuries to persons and property caused by employee negligence.  If you are involved in a boating accident, be sure to collect all relevant contact and insurance information from the other party at the scene of the accident.

Liability for Manufacturing Issues Causing a Boat Accident in Florida

Occasionally, a boating accident may occur where the at-fault party is not the operator of the boat.  If an injured victim can prove that their accident occurred because of a defective part on the boat involved in the collision, such as an ineffective kill switch or an inaccurate sensor, liability extends past those people at the scene.  The victim could sue the manufacturer of the part for building a defective part.  The victim could also sue the boat retailer for failing to discover the defective part at or before the time of sale.  If there was a maintenance company that was responsible for inspecting the boat for wearing or defective conditions, the victim may choose to sue that company as well.

If there is an issue with a defective part that gives rise to a liability issue after an accident, it may be best to sue all potential parties that could be at fault for the accident and let them battle it out amongst themselves.  Your Florida boating accident injury attorney can help you prepare your lawsuit to maximize your chances of recovery from those responsible.

We Can Help You with Your Lawsuit After a Boat Hit You in Florida

You deserve experienced, competent legal assistance to help you deal with the consequences of a boating accident.  The Pembroke Pines personal injury lawyers at Newman Injury Law are ready to help.  Call us at 954-495-8500 for a free initial consultation.

Who Pays for Damage to a Rental Car Accident in Florida?

June 21, 2022

If you own a vehicle, you may already be familiar with liability laws and policies for car accidents in Florida.  But what happens if you get into an accident in a rental car?  Who will be responsible for the damages to the rental car?  What about the other car?  You are probably concerned about how much it will cost to make repairs to a car that you don’t even own. Fortunately, we can provide answers to all of your questions on this subject.

Car rental companies are typically not responsible for damages caused by accidents.  Not only will they avoid liability for damages to their own rental car, but they also likely won’t be liable for the damages to other cars either.  If you are involved in a car accident with a rental car, chances are that one of the two drivers will be liable.  In most cases, the party that will ultimately end up paying is one of the insurance companies.  The only instance in which the rental company will be liable is if they were negligent in maintaining the rental car and that negligence caused the accident.

Regardless of the surrounding circumstances, you should always have the help of a Hollywood, FL car accident attorney after being involved in a crash.  The dedicated Florida car accident lawyers at Newman Injury Law are ready to help you assess your legal options regarding damages from a rental car accident in Florida.  To schedule your first consultation for free, call our offices at 954-495-8500.

Insurance Requirements for Rental Cars in Florida

Florida law requires that every single person who gets behind the wheel of a car have at least some level of insurance coverage.  Personal vehicle owners in Florida all must have personal injury protection coverage, which is intended to cover the damage to your own car in an accident as well as roughly 80% of medical expenses incurred in the accident.

If you have personal injury protection (PIP) coverage because you own a car, but you were driving a rental car in Florida when you got into an accident, your insurance will usually still apply to the damages to the rental car.  Your PIP coverage is intended to apply to you as a driver generally, not just to you as a driver of your own car.

Florida citizens are not legally permitted to rent a car without insurance.  If you do not have personal injury protection coverage, Florida law requires that car rental companies supply you with a sufficient coverage plan before handing over the keys.  One way or another, if you are involved in an accident while driving a rental car, insurance will most likely cover the damages to the car.

What Does Rental Car Insurance Cover in Florida?

Whether insurance will cover damages that you caused as a result of your own negligence behind the wheel of a rental car will depend on the language of your coverage plan.  Some insurance plans will cover a driver for accidents caused by negligent actions like speeding or other traffic violations but won’t cover damages caused by more reckless conduct like drunk driving.  If you are concerned about the fine print of your plan or have been denied coverage, speak to one of our Miami car accident attorneys immediately.  We can go through the insurance policy line-by-line to make sure that you aren’t being mistreated by the company that exists primarily to protect you.

If another driver’s negligence causes an accident that damages your rental vehicle, you will be responsible for the damages unless you file a claim with the other driver’s insurance company.  If your claim is denied or the insurance representative offers you less than you deserve, you should speak to an experienced Hallandale Beach car accident attorney as soon as possible.  Claims can lapse, and you shouldn’t be left holding the bag for damages that you didn’t cause to a car that you don’t even own.

Are Rental Car Companies Responsible for Vehicle Damage and Injuries in Florida?

Almost every rental car company will require you to sign a waiver that relieves them of responsibility for any property damage or injuries from a car accident.  These agreements typically contain strong, effective language that frees the company from responsibility.  Ultimately, you (and your insurance provider) will likely be responsible for damages to the rental car that you caused.

The only exception that may apply is where the rental car company’s mistakes caused the accident and the damages.  Rental car companies owe a duty to their customers to properly maintain the vehicles and ensure that they are safe to drive when they leave the lot.  Maintenance mistakes or equipment failure might lead to an accident, putting the driver in danger that they didn’t expect.

For instance, if the rental car company failed to perform reasonable inspections on their cars to confirm that all vehicles had functioning brake lines, they would have breached their duty to their customers.  Thus, if a customer’s vehicle malfunctioned while braking and caused an accident with another car, the negligent car rental company should be liable for the damages that resulted from the accident, in which case you’ll want to contact a Pembroke Pines car accident lawyer.

We Can Help with Rental Car Accident Damages in Florida

Newman Injury Law helps victims negotiate with insurance companies and assess their options after an accident involving a rental car.  Call our Aventura car accident attorneys for a free initial consultation on your options.  We can be reached at 954-495-8500.

Can a Passenger in a Car Accident File a Lawsuit in Florida?

January 21, 2022

When you climb into another person’s car for a ride, you do not anticipate being in an accident. However, many automotive vehicle accidents that occur in Florida involve more than just drivers. You have rights as a passenger and are entitled to file a personal injury lawsuit. However, as our Hollywood, FL car accident attorney from Newman Injury Law will describe below, there are limitations and restrictions.

Who is Liable if You Are a Passenger Injured in a Florida Car Accident?

When you get into another person’s car, the driver will legally assume responsibility for your safety. Therefore, in many cases, you can seek compensation from the driver’s insurance company if you are hurt in an accident. Under Florida’s insurance laws, drivers are required to carry Personal Injury Protect (PIP) insurance that covers anyone who is harmed in a crash, including their passengers.

However, some car accidents involve multiple vehicles and contributing circumstances. When you file a personal injury claim in Florida is essential to include all potentially liable parties.

In most cases, a passenger does not have to worry about being blamed for an accident. Our office will focus on what occurred and who is at fault. For instance, a truck could have cut off a vehicle that collides with your car. Under these circumstances, the other drivers could be held liable. It is also possible that the trucking company could bear some of the responsibility.

Fault in a personal injury claim is apportioned between all contributing parties and any compensation awarded is divided by the percentage of the blame. If you fail to include a liable party in your lawsuit, you might not receive the full compensation you deserve. Our Fort Lauderdale personal injury lawyers will thoroughly evaluate the evidence in your case to determine what parties could be held accountable.

Florida No-Fault Insurance and Passenger Injury Claims

As stated above, Florida requires drivers to carry PIP insurance. Drivers will also have liability insurance that could cover passengers in other cars injured in an accident. You might also have your health insurance that provides coverage for your injuries. Depending on the facts of your case, all of these various insurance providers could come into play in a settlement negotiation or personal injury lawsuit.

Florida is a no-fault insurance state. This means that your injuries’ severity limits your ability to file a lawsuit after a car accident. If you want to pursue a personal injury claim, the damages you incurred much reach a statutory threshold.

To file a third-party claim against another driver or their insurance company, you must have experienced a bone fracture, significant disfigurement, permanent limitation in the use of a limb or organ, or by substantially fully disabled for a minimum of 90 days.

An accident victim whose injuries fall under one of the above categories is permitted to file a personal injury claim against an at-fault driver or other third-party that contributed to the accident. This also includes the possibility of pursuing compensation for intangible damages, such as pain and suffering.

Third-Party Personal Injury Claims by Passengers Hurt in Florida Car Accidents

A third-party claim is a claim that is made against another party’s insurance company. If you are in a car accident and both drivers are equally to blame, you could file a third-party claim against each of their respective insurance policies. Under some circumstances, an injured passenger could have a valid claim against a party that was not directly involved in the accident, such as a trucking company, a car manufacturer, or a municipality. Our Florida car accident attorney will investigate your crash to determine if other parties contributed to your injuries, such as a defective airbag or a trucking company that allowed an unreasonably unsafe rig on the road.

People who are passengers in car accidents are not always in a friend or family members’ vehicle. With the popularity of rideshare services, many people in Florida are hurt in crashes involving Uber and Lyft vehicles. Typically, a passenger who suffers a significant injury in a rideshare is required to file a car accident lawsuit against the driver’s insurance provider. The relationship between the drivers and the parent companies makes it difficult to file a claim against either Uber or Lyft. However, both companies carry liability insurance that will go into effect if the driver’s insurance is insufficient. Claims and compensations involving rideshares are complicated, so it is essential to have an experienced Miami Lyft accident lawyer working on your behalf.

Proving Negligence in Florida Car Accident if You Were a Passenger

if you are permitted to file a third-party claim after a car accident, you are still bound by the requirements of any personal injury lawsuit. Our Hallandale Beach car crash lawyer will have to establish that the at-fault party, whether it was the person driving the car you were in, another driver, or another party, was negligent. To prove negligence, an injured passenger must show that the at-fault party owed them a duty of care, they breached that duty, the breach caused the injury, and the passenger suffered actual damages. What is required to establish the four elements of negligence will depend on how the accident occurred.

Call Our Florida Car Accident Attorney if You Were a Passenger Injured in a Car Crash

Injuries sustained in a car accident are not limited to the drivers involved. Often, an unsuspecting passenger is also hurt. If you were a passenger involved in a car accident, you have legal rights. Lawsuits arising from passenger injury claims can be complicated, so it is crucial to have our experienced Florida car accident attorney representing your interests. At Newman Injury Law, our staff and car accident and Lyft accident lawyers in Florida are committed to fighting for injured passengers’ rights. Call 954-495-8500 to schedule a free appointment.

Can You Sue for Pain and Suffering in Florida?

January 21, 2022

When a victim of a personal injury files a lawsuit against a negligent party, they are entitled to seek recovery for their tangible losses, including medical expenses and lost income. A common phrase many people are familiar with is “pain and suffering.” Legally, this phrase encompasses a broad range of non-economic damages. Are these non-economic damages also recoverable in a Hollywood, FL personal injury lawsuit?

In most Florida personal injury claims, a plaintiff is entitled to recover for pain and suffering. However, proving intangible damages is often challenging. The advantage is that pain and suffering damages are often significantly greater than the financial losses an injured individual incurred. Having an experienced Florida personal injury attorney is critical in maximizing your potential compensation.

At Newman Injury Law, our Davie personal injury attorneys and staff understand the time and resources necessary to evaluate a plaintiff’s non-economic damages. If you or a loved one was wrongly hurt, contact our office to discuss your potential pain and suffering damages. Call 954-495-8500 to schedule a free appointment.

Pain and Suffering in a Florida Personal Injury Lawsuit

Serious injuries take a more significant toll on an individual than medical expenses and lost income. While these tangible financial losses are generally easier to calculate, they do not represent the total damages an injured person experiences. Pain and suffering damages arising from the physical, mental, and emotional harm that a person goes through.

For example, a car accident victim could be facing a lifetime of physical pain or disfigurement. Some injuries result in permanent disabilities with substantial medical expenses and a significant negative toll on the victim’s emotional and mental condition. Anything that adversely impacts your emotional and physical wellbeing is all elements of pain and suffering and is recoverable in a Florida personal injury lawsuit. Our Miami personal injury attorneys will gather evidence to support your pain and suffering claim.

Limitations on Pain and Suffering Damages in Florida

Surprisingly, not all states allow plaintiffs to pursue pain and suffering damages. Luckily, Florida permits injured plaintiffs to seek compensation for physical harm and emotional distress. However, there are some limitations.

For example, if someone is hurt in a car accident, they are only allowed to recover pain and suffering damages if specific conditions have been met. The injury must have caused a permanent or significant loss of bodily function. If the victim suffered a permanent disability, they are able to seek pain and suffering. Disfigurement or a permanent scar could also be a basis for non-economic damages. Finally, if there was a loss of life, survivors could be compensated for their grief through a wrongful death claim.

In other personal injury claims, pain and suffering usually must arise due to a physical injury. In Florida, receiving pain and suffering damages absent a physical injury is challenging.

Nonetheless, there are some exceptions. For instance, if you witnessed the death or severe injury of a family member, you could be awarded pain and suffering damages without sustaining a physical injury. Emotional damages are also recoverable if they stem from a psychologist or other mental health professional sharing confidential information.

Florida does not have a statutory cap on pain and suffering damage, except for cases of medical malpractice where your non-economic damages are limited to $500,000.

Maximizing your compensation for pain and suffering requires a skilled Ft. Lauderdale personal injury lawyer.

Calculating Pain and Suffering Damages in Florida

Pain and suffering damages are tricky to calculate. Physical pain and mental anguish are subjective because every individual is unique. However, our Aventura, FL personal injury attorneys will still work to place a figure on your harm.

Some factors that our office will consider include the amount of economic loss you suffered, your age, the severity of your injuries, ongoing complications or consequences, and the injury’s impact on your day-to-day activities.

Because there are no receipts or bills available that indicate the amount of your pain and suffering, our office will turn to other types of evidence. While there are no invoices that reflect your emotional distress, prescriptions, and receipts for medication used to address your mental and emotional condition could be used to demonstrate that you are experiencing harm. Expert testimony from a doctor, psychiatrist, or another medical professional is often used to provide evidence of the impact of a severe physical injury or trauma.

Every plaintiff will be affected differently by an injury. By keeping a personal log or journal, a comparison could be made between how your daily life was before and after an injury. When daily tasks become difficult or impossible because of an injury, you should be compensated. Friends and family members are also compelling sources of evidence of your injury’s impact.

Florida’s Comparative Negligence Rule and Pain and Suffering Damages

Florida is one of many states that follow a comparative negligence rule in personal injury cases. Under this rule, a plaintiff’s compensation will be reduced by the percentage of fault they contributed to an accident or injury. For instance, if you fell on a wet floor in a grocery store but were texting at the time of the accident, a jury could find that your actions contributed 30% to your injury. Therefore, your total compensation, including any pain and suffering damages you were awarded, would be reduced by 30%.

Florida also has a “no-fault” rule for many injury cases, including car accident lawsuits. Therefore, under certain circumstances, an injured plaintiff could be prohibited from filing a lawsuit for pain and suffering – no matter who caused an accident. You should always speak with our experienced Hallandale, FL personal injury attorneys if you have been injured.

A Florida Personal Injury Attorney Who Will Fight for Your Pain and Suffering Damages

Pain and suffering damages could be a significant part of an injured victim’s total compensation. You need a Hialeah, FL personal injury attorney that will aggressively fight for the compensation you deserve. Contact Newman Injury Law at 954-495-8500 to review your potential pain and suffering recovery.

Can You Get a Second Medical Opinion on a Personal Injury in Florida?

January 21, 2022

Dealing with a personal injury can be an overwhelming process. This is especially true for hard-working Floridians who are their family’s sole providers. If you were a victim of a personal injury, you might wonder whether there is a way to get compensation for your losses. Fortunately, you can hold the liable parties accountable for your injuries. As you will learn through this article, you must show evidence as part of your personal injury or medical malpractice claim. No matter your situation, you may want to consider the opinion of a medical expert. You may wonder if you have the right to consult a second doctor and how he can help you with your case. Our Ft. Lauderdale personal injury attorneys can help if you have been hurt.

Are You Allowed to Get a Second Medical Opinion After Being Rushed to the Hospital?

Of course. Personal injuries happen every day in the US. Thousands of people are injured in different scenarios. If you were involved in a severe personal injury accident in Florida, you would need immediate medical assistance. In many personal injury cases, victims may be rushed into the hospital where a healthcare professional will assess and treat any injuries. However, doctors, nurses, and other medical professionals make mistakes. It is possible during your first evaluation your doctor missed a critical detail in their assessment.

No matter the circumstances in your case, our Hallandale Beach personal injury lawyers will always advise you to get a second medical opinion on your case. You are allowed to get a second medical opinion to help you understand your situation and support your claim(s).

Reasons to Get a Second Medical Opinion After Your Accident in Florida

if you were involved in a personal injury accident, you should not necessarily settle with what your first doctor tells you. Many people tend to automatically agree with what a medical professional says just because they are doctors. It is always recommended to go beyond what your first treating physicians say or recommend. There are multiple reasons why consulting with a second doctor should take priority.

Your health. And well-being should be at the top of your priority list. As we mentioned, a doctor may miss a critical detail during their evaluation or treatment. This is where going to a second doctor takes prevalence. A second doctor can help you understand whether your first treating physician took the necessary and appropriate steps to treat your injuries. Additionally, you can seek a second evaluation to ensure there are no complications or to assess any underlying conditions your first doctor missed.

if you wish to pursue a claim against your first doctor, the second opinion of a medical professional can help you support your position as a plaintiff. For instance, your doctor’s second medical opinion can help you establish the existence of an underlying condition caused by your first doctor’s negligence. You can use a second doctor as a witness who can help you establish, but for your first doctor’s negligent actions, you wouldn’t have suffered further harm.

Your first doctor may refuse to help you with your claim against the liable parties in your case. This is where the opinion of a second doctor can help you. Having the opinion of one or more doctors can help you show the court the extent and severity of your injuries, which can help our Aventura personal injury lawyers maximize your potential compensation.

Getting Compensation for a Personal Injury Case in Florida After a Second Medical Opinion

As an injured victim, you may want to pursue compensation through a medical malpractice claim or a third-party injury lawsuit – depending on your particular case. Compensation or “damages” can help you cover things such as your medical bills, lost wages, and pain and suffering. However, before the court awards your compensation, you need to show the defendant’s negligence. In other words, you and your Miami personal injury attorney have the burden to provide evidence supporting your claim.

As a plaintiff, you will need to show various elements. A second medical opinion can be useful in filing a claim against a negligent doctor or third party – such as a car driver. Typically, a personal injury claim has four elements: a legal duty, breach of duty, causation, and losses. Each of these elements must be supported by evidence.

For instance, in a medical malpractice claim against your first doctor, you can use the opinion of a second doctor to establish “the medical standard of care.” This may be a critical element of your claim since it can help the court understand what your first physician should have done and failed to do.

Furthermore, an additional opinion on your case can help you prove the existence and extent of your injuries. All the details your second doctor can provide may help you maximize your potential compensation. The exact amount of compensation you can expect from your claim can change depending on your case’s particular circumstances. It is essential to understand you also have a limited time to file your claim. The statute of limitations can cut your filing time short. If you fail to file your lawsuit within this time, the court may not hear your case. It is always in your best interest to hire a Hialeah personal injury lawyer who can help you with this and all other legal matters.

Our Personal Injury Attorneys Can Help

if you or a loved one was injured in a personal injury accident in Florida, we can help. Our Hollywood, FL personal injury attorneys can fight to get you the compensation you deserve. We don’t fear to take the liable parties to court and fight for your rights. We represent injured victims in a wide range of personal injury matters.

Can You Bring a Personal Injury Action Twice in Florida?

January 21, 2022

Filing a personal injury claim can be a daunting task, if not downright terrifying. Lawsuits are often complicated matters which require the skill and expertise of a qualified Fort Lauderdale injury attorney. Perhaps you have filed a personal injury lawsuit and success is not exactly on the horizon, or maybe your case seems like a lost cause. You may be wondering if you can file your claim again and give it another try. While the issue is a bit complex, essentially the answer is both yes and no.

Hallandale Beach personal injury lawyer Jared K. Newman explains the restrictions placed on victims bringing a personal injury lawsuit two times in Florida.

How Many Times Can I File the Same Personal Injury Lawsuit in Florida?

For the most part, once lawsuits have been decided on their merits, meaning a judge has ruled on key substantive issues, or a jury has rendered a verdict, you cannot file your lawsuit again. If everyone were allowed to keep filing the same lawsuits over and over again until they won, the entire justice system would come to a grinding halt. It is important to understand when your case has been heard on its merits, because once this happens there is no going back.

A case is heard on its merits when a court has ruled on important issues of fact, rather than issues of technical procedure. To put it more plainly, “the merits” are based on what happened when you were injured, such as how your injury occurred and who is at fault, and procedural issues are more about how a case gets to court, such as filling out the proper forms and going through the appropriate legal channels. If a judge has ruled on something like the defendant’s negligence or fault, or maybe decided that you were partially responsible for your own injuries, your case has been heard on its merits.

Can I File a Florida Personal Injury Lawsuit Again if I Lost?

if you’ve won your case with the help of a personal injury or car accident lawyer in Hallandale Beach, congratulations! You are one major step closer to the end of your case and moving on. However, defendants may appeal when they lose, and courts may need to go over your case again to make sure they got everything right the first time around. You might feel like your case is being tried twice, but it’s not. Defendants can appeal issues they feel were decided incorrectly and, if they are right, your damages could be reduced.

Once everything is said and done and your case is completely over, you may be wondering if you can file again. Maybe you lost and you want another chance to prove your case, or maybe you won but you think you should have been awarded more damages. You may also have different claims arising out of the same accident or event that lead to your injuries in the first place. If your case was heard on the merits, you cannot file the same case again due two legal principles called res judicata and collateral estoppel. These terms refer to claim preclusion and issue preclusion, respectively. Claim preclusion means that if your claim has already been litigated once before, it cannot be litigated again, and you are barred from filing the claim a second time. Issue preclusion is a bit less broad and bars the re-litigation of specific issues within a claim.

The principles of res judicata and collateral estoppel are more complex and nuanced than described here. Generally, cases cannot be tried twice under these principles, but there are some exceptions to the rules. You may be able to sue the same defendant again for reasons similar to your first claim, but the same claim cannot be heard twice. If you think your case deserves a second chance in court, you should consult our Hollywood, FL personal injury attorney.

if your case ends without having been heard on its merits, you may be able to file again. Sometimes cases are dismissed for reasons that have nothing to do with the facts. Instead technical issues, like procedural mistakes and technicalities, can result in the dismissal of a case. If your case was dismissed, it would have been dismissed “with prejudice” or “without prejudice.”

if your case was dismissed with prejudice, unfortunately you are out of luck. This means the case was heard on its merits. As discussed previously, when a court hears a case on its merits, the case cannot be heard again. However, your case may be dismissed without prejudice. This means your case was dismissed for reasons not within the facts or merits, like technical defects, and you may file your case again if these defects are corrected.

Why Was My Personal Injury Case Dismissed in Florida?

Reasons your case would be dismissed without prejudice are often problems with procedure and legal technicalities. For example, if important parts of your case, such as the complaint or other pleadings, are filed incorrectly, or in some other way fail, the court may dismiss your case on technical grounds. Your case could also be dismissed for very simple reasons. If your pleadings fail to state any injuries you sustained in your personal injury lawsuit, your case may be dismissed without prejudice for insufficient pleadings. You may be able to file the same claim again as long as you make sure to include your injuries in your pleadings. It is critical that you follow the proper procedures and protocols when getting your case into court. Lawsuits are complex and difficult at the best of times, so it is crucial that you get help from our qualified Davie personal injury lawyers.

Contact Our South Florida Personal Injury Lawyers Today for a Free Consultation

To conclude, you generally cannot file the same lawsuit twice in the state of Florida. Once your case has been heard in court and decided on its merits, you are barred from filing the same case again. The merits of a case involve the facts surrounding your personal injury claim, mostly how you were injured and who is to blame. The principles of res judicata and collateral estoppel prevent you from filing claims that have already been heard by a court. However, your case may end without ever being heard on the merits. If your case is instead dismissed on a technicality, such as improper pleadings, you may have another chance to file and correct any technical or procedural problems.

if you were injured in an accident and want to file your personal injury lawsuit, don’t hesitate to contact our Miami, FL personal injury lawyers at Newman Injury Law for a free consultation. You can reach our law offices today at 954-495-8500.

Can You File a Lawsuit if You Weren’t Wearing Your Helmet in a Motorcycle Crash in Florida?

January 21, 2022

The Sunshine State has the perfect weather and long stretches of roadway perfect for motorcycle riding. Because of the year-round conditions, motorcycles are a common sight on Florida highways and streets. Under Florida law, cyclists over the age of 21 are not required to wear a helmet as long as their insurance policy has a minimum of $10,000 in medical coverage for accident-related injuries. What happens if a motorcyclist, without a helmet, suffers severe injuries that result in medical expenses in excess of their insurance coverage?

Florida’s motorcycle insurance laws are complicated and they add to the confusion when a rider is injured in an accident. If another driver was at fault, a motorcyclist is permitted to file a personal injury lawsuit. This is true whether the cyclist was wearing a helmet or not. However, if the rider suffered a head injury, their compensation might be reduced if they were not wearing a helmet. When a rider is injured in a crash, they need an experienced Ft. Lauderdale motorcycle accident injury attorney fighting for their rights.

The lawyers at Newman Injury Law understand the hurdles that motorcycle riders face. Proving liability in a motorcycle accident is especially challenging. If you are or a loved one was hurt in a motorcycle crash, call 954-495-8500 to review your options.

Florida’s No-Fault Insurance Laws and Motorcycle Accidents

Under Florida’s “no-fault” auto insurance laws, vehicle owners are required to carry a $10,000 minimum in personal injury protection (PIP) coverage. If you are in a car crash, no matter who was at fault, you are required to file a claim against your insurance provider. Only in cases of severe injuries is someone permitted to file a personal injury lawsuit.

However, this requirement does not extend to motorcyclists. In fact, you are not required to have insurance to register your motorcycle, though there are penalties if you are in an accident and do not have liability insurance coverage. PIP coverage is not required when someone has a motorcycle. However, because the no-fault insurance laws do not apply to motorcyclists, they do not have to meet an injury threshold to file a personal injury lawsuit against a negligent driver. Nonetheless, if you are involved in an accident and were not wearing a helmet, there could be issues. Our Miami personal injury attorneys are familiar with the problems riders face.

Motorcycle Accidents Without Helmets and Florida’s Comparative Negligence Rule

Florida courts apply a pure comparative negligence rule in personal injury cases, including claims arising from motorcycle accidents. Under this rule, the compensation a jury or judge awards a plaintiff will be reduced by their percentage of fault. For example, if a motorcyclist was weaving between traffic and was struck by someone who was texting, a jury might find the motorcyclist to be 40 percent to blame. Therefore, an award of $100,000 would be reduced to $60,000.

Head Injuries Sustained in a Motorcycle Accident

if a motorcyclist who was riding without a helmet suffered a head injury, their failure to wear the appropriate safety equipment could be deemed to have contributed to the severity of their injuries. A defense attorney or insurance company will argue that a helmet would have decreased the damage the plaintiff suffered. A Florida motorcycle accident attorney must not only prove that another party was liable, but they must also counter any arguments that their client contributed to their injuries.

Other Injuries Sustained in a Motorcycle Accident

Not every motorcycle accident results in a head injury. If a rider was in an accident and they did not sustain a head injury, then it is likely wearing a helmet would not have reduced the severity of their injuries. If that is the case, then not wearing the appropriate safety gear should not impact a motorcyclist’s financial compensation. However, this does not mean that the defendant will not try to shift the blame to the motorcyclist.

Other Factors in a Motorcycle Crash

The type of injuries a motorcyclist suffered is only one factor that could reduce their potential compensation. For instance, the rider’s conduct could have contributed to the accident in some other way. Some motorcyclists will speed, land split, or otherwise operate their bikes recklessly. Unfortunately, motorcycle riders have a reputation for being reckless – a reputation defense attorney and insurance companies will use against them. Our experienced Hallandale personal injury attorneys know many of the tactics a defense will present to invoke the comparative negligence rule.

Proving Damages in a Florida Motorcycle Accident

Other factors will impact a plaintiff’s potential compensation, including the severity of their injuries, the policy limits of the at-fault party’s insurance coverage, and the strength of the evidence presented.

Our skilled and seasoned Florida motorcycle accident attorneys will not overlook any small detail and make sure all possible damages are considered. By gathering evidence, such as photographs, videos, witness testimony, police reports, medical records, and expert opinions, our office will work to substantiate the maximum monetary compensation possible. This includes presenting evidence that failing to wear a helmet did not contribute to your injuries.

Contact Our Florida Motorcycle Accident Attorney to Understand Your Rights

The elements that make riding a motorcycle exhilarating also make it dangerous. When a motorcyclist is in an accident, they rarely walk away without an injury. When another party is responsible, they should be held financially liable. Our Hollywood personal injury lawyers understand the hurdles a motorcyclist faces, including the prejudice they suffer if they choose to ride without a helmet. Contact Newman Injury Law if you have been injured in a crash, with or without a helmet. Call  954-495-8500 to set up a free consultation.

How to Get a Police Report After a Car Accident in Pompano Beach?

January 21, 2022

Car accidents in Pompano Beach can be very damaging. Victims deserve access to information regarding their accident, including police reports. So, how can you get a police report for a car accident in Pompano Beach?

You can get a police report for a car accident in Pompano Beach in one of three ways: online, in person, or by mail. Digitally requesting your report is perhaps the easiest option. Regardless of how you choose to get a copy of a police report for a car accident in Pompano Beach, there’s certain information you must provide. In addition to specific details about your car accident, you will also have to complete a Sworn Statement to Obtain Traffic Crash Report Information form if you request a report within 60 days of an accident.

Newman Injury Law wants you to get the justice you deserve. Our attorneys can help you get a copy of a police report for an accident and file a lawsuit against a negligent driver. For a free case evaluation, call the Pompano Beach car accident attorneys at Newman Injury Law today at 954-495-8500.

How Can You Get a Police Report After a Car Accident in Pompano Beach Online?

Police reports for car accidents in Pompano Beach are easily accessible online. This is the preferable way to request a copy of a police report. Not only is it simple, but it’s often quicker than visiting the police department in person or requesting your report by mail.

Car accident victims in Pompano Beach can access digital copies of a police report online. It can take about five business days for reports to become available online. Digital requests are processed in the order they’re received, so expect to wait for access to your report once you’ve made your request.

Electronic copies of police reports for car accidents in Pompano Beach don’t cost anything. It’s completely free to access a digital copy of a police report for your accident.

How Can You Get a Police Report After a Car Accident in Pompano Beach in Person?

If car accident victims in Pompano Beach want to get their police reports in person, they can do so. This will require you to visit the Records Division of the Broward County Sheriff’s Office, which is only open at specific times.

Car accident victims may have to wait upwards of five days to access a copy of a police report in person in Pompano Beach. The Records Division is open to the public Monday through Thursday, from 8:30 in the morning until 5:30 in the evening.

However, it’s important to note that you will not walk away with a copy of your police report. Instead, the Records Division will input your request into the database, and it will be emailed to you once it’s processed.

If you’re having trouble getting a copy online, your attorney can help. Instead of making the trip to the Records Division, an experienced lawyer, like the Fort Lauderdale car accident attorneys at Newman Injury Law, can request it for you. That can save you time and frustration.

How Can You Get a Police Report After a Car Accident in Pompano Beach by Mail?

If going online or in-person doesn’t appeal to you, you can request copies of a police report for a car accident in Pompano Beach by mail. This is an involved process and has more steps than requesting a report another way.

To request a copy of a police report by mail, you must include the following:

  • Your name
  • Your race
  • Your gender
  • Your date of birth
  • Case number
  • Accident location
  • Accident date

In addition, you must include a Sworn Statement to Obtain Traffic Crash Report form if you are making your request within 60 days of an accident. Victims must mail their requests to the Public Records Unit of the Broward Sheriff’s Office.

What Information Do You Need to Get a Police Report After a Car Accident in Pompano Beach?

Car accident victims need to have certain pieces of information on hand when requesting a copy of a police report in Pompano Beach. Without this information, you will not be able to get a copy of your police report.

Regardless of how you access your report, there are a few things you need to know. To obtain a copy of a police report for a car accident in Pompano Beach, you must include the location and time of the accident. You must also provide the case number if you have it. As they complete their report, Pompano Beach police officers should give you this number at the accident site. You must also provide your name and other personal information.

In Pompano Beach, only involved parties and their attorneys can access police reports within 60 days of an accident. Because of this, you will likely need to complete a Sworn Statement to Obtain Traffic Crash Report Information form. A skilled Hallandale car accident lawyer like those at Newman Injury Law can help you complete this form. This sworn statement attests to your involvement in a car accident in Pompano Beach.

Why Should You Get a Police Report After a Car Accident in Pompano Beach?

Getting a police report after a car accident in Pompano Beach is important. These reports contain vital details that can help you prove your claim against a negligent driver. Without access to a police report, you may not recover compensatory damages for your injuries.

When Pompano Beach police officers arrive at the scene of an accident, they will complete a crash report. This report will note important information, including eyewitness statements and officers’ own opinions. Speaking honestly with police officers during this time is important. Be thorough in your account of an accident.

Experienced lawyers, like the Miami car accident attorneys at Newman Injury Law, can scour police reports for clues. During an investigation into a car accident, your attorney can use a police report to find evidence against a negligent driver.

It’s important to note that police reports aren’t considered evidence alone. However, having access to one can illuminate an accident’s cause. Calling the police after an accident in Pompano Beach is the only way to ensure the creation of a police report. If you don’t, you won’t be able to access one in the future when suing a negligent driver for compensation.

Our Attorneys Can Help You Get a Police Report After a Car Accident in Pompano Beach

Car accident victims in Pompano Beach deserve compensatory damages, and getting a police report is an important step in that process. To schedule a case evaluation with the Hollywood, Florida car accident attorneys at Newman Injury Law call today at 954-495-8500.

Is it Worth Getting a Lawyer for a Car Accident in Florida?

January 21, 2022

Car accidents are an unfortunate reality of our modern lives. Every year, thousands of people are injured in car accidents all across Florida. After a car crash, it is necessary to act quickly and fight for compensation to cover your losses. However, many people have no idea what to do or what the next steps should be after a car crash. In most cases, car accident injury victims will need to go to their insurance carrier to get compensation. However, there are other ways you may maximize the compensation you can get. If you’re wondering why you should contact a lawyer immediately after your car accident in Florida, call the Newman Injury Law offices at 954-495-8500 today.

What Should I do After a Car Accident in Florida?

A car accident can be harmful both physically and mentally. If you’re involved in an auto accident in Florida, there’s several steps you should take immediately after the accident:

  1. Check yourself and your passengers for injuries and wellbeing.
  2. If possible, move yourself and the car to safety.
  3. Call 911, regardless of the accident severity.
  4. Exchange information with the other driver (do not express fault) and document the accident as best as you can.

If you sustained a personal injury as the result of someone else’s negligence behind the wheel in Florida, contacting an experienced personal injury lawyer should be part of your plan after the accident. It is important to seek assistance from a dedicated Fort Lauderdale car accident attorney who understands what you are going through and who to proceed with your case.

Why Should I Hire a Lawyer After My Car Accident in Florida?

There are many reasons why you should hire an experienced lawyer for your Florida car accident personal injury case.

Knowledge of the Law

For instance, one of the biggest reasons to hire a skilled Florida car accident lawyer is their knowledge of the law. Florida’s laws can be complicated and hard to understand for a layperson. Your lawyer has already gone through the formative process of studying and practicing under state law. Thus, he should have a clear idea of how to proceed with your case and determine the best course of action to fight for your compensation.

Knowledge of Insurance Companies

Another reason to hire a lawyer after your car accident, whether it involves a truck, motorcycle, or bus, is knowing how insurance companies work. Florida has very tricky laws when it comes to vehicular accidents and insurance. Under state law, you would turn to your insurance company for compensation, regardless of who was at fault for your crash. This is what is known as the “no-fault” rule.

Collecting Evidence for a Car Accident Personal Injury Case

If your case goes to trial, you will need to present your case with the court. This means you will have to provide evidence to prove your claim. An experienced Hallandale car accident attorney can help you with collecting and presenting evidence with the court. Gathering evidence is of the utmost importance in every car accident claim. Thus, an experienced attorney must assist you with this and all legal matters related to your case.

What is Personal Injury Protection (PIP) Coverage in Florida?

Working with your insurance company on your own can put your compensation at risk. Many car accident victims turn to their insurance company – according to Florida law – without knowing they could have the right to higher compensation. Florida drivers must carry a minimum personal injury protection (PIP) coverage. The PIP can provide up to $10,000 in the event of a crash. Typically, you wouldn’t be able to file a claim against the other driver because your insurance would step in. However, if your injuries were severe (loss of bodily function, permanent scarring, disfigurement, etc.), you may take your case to court to get higher compensation.

Filing a Claim After a Car Accident in Florida

If you were involved in a car accident involving severe, catastrophic injuries, or the wrongful death of a loved one, you will need an attorney’s assistance. Filing a car accident claim can be complicated, especially if you have never been through a claim. With your attorney’s support, you’ll be in a better position to prove your case with the court. But in order to have a successful claim, you will need to prove the four elements of negligence.

Providing Evidence

To defend your claim and get compensation, the court will expect you to show the defendant’s negligence. You can achieve this by providing evidence supporting all four elements in your lawsuit. In a personal injury claim, you will have to prove the defendant owed you a legal duty (duty of care) that was breached, caused your injuries, and as a result of their negligence, you suffered losses.

Legal Duty and Breach of Duty

Proving the defendant’s legal duty requires you to support your argument, the defendant owed you a duty to drive safely, as another prudent, reasonable driver would. During the second element of your claim (breach of duty), you will have the opportunity to present evidence related to the defendant’s negligence. This means proving through the preponderance of the evidence the defendant was driving negligently. For instance, you can provide evidence showing the at-fault driver was speeding, distracted, or drunk at the moment of your crash.

Causation

You will also be expected to show a clear, distinct, and unambiguous connection between the defendant’s actions – or omissions – and your accident and injuries. This is what is known as “causation.”

Losses

Finally, you will need to show you suffered losses as a result of your accident and injuries. In other words, you should provide evidence showing you engaged in medical expenses, lost wages, and pain and suffering.

What is the Average Compensation for a Car Accident Claim in Florida?

The amount of compensation you can expect from your case will depend on your ability to support your claim and the circumstances surrounding your case. Thus, your case’s value can differ from other cases, depending on the extent of your injuries, the expenses you engaged in, and your physical, emotional, and psychological damage. It is always recommended to hire an Aventura car accident attorney who can help you understand what you can expect from your case.

Car Accident Lawyer Offering Free Consultations in Florida

If you or a loved one was injured in a car accident in Florida, our Florida personal injury lawyers can help. Backed by years of experience handling personal injury claims, we are ready to help you with your case. We represent injured victims in car accidents across the state of Florida. We know how challenging dealing with your injuries and losses can be for you and your family. That’s why we are ready to fight aggressively for the compensation you deserve. To learn more about our services in a free, confidential consultation, call Newman Injury Law today at 954-495-8500