How a Jacksonville Auto Accident Lawyer Can Help Present Your Claim

parking lot accident Jacksonville Auto Accident Lawyer A Jacksonville auto accident lawyer may be able to help you if your insurance claim in a personal injury case goes to court. Most insurance companies are more than willing to take even the smallest personal injury case to court to avoid having to settle. Settlement costs tend to significantly outweigh court costs in a standard personal injury claim. While most insurers would rather not pay $5,000 to defend against a $9,000 claim, but they frequently do if the only other option is settlement. Insurance companies prefer litigation or settling shortly before trial to give the impression that they will settle merely to avoid litigation. In some cases, they are willing to spend far more on litigation than they would have settling in the first place. The primary goal for all insurance companies is to close files, but not if it means paying more than the claim is worth.

Closing Files

While all insurance adjusters want to close files, they will not pay more than the value of a claim simply to close the file. Once a lawsuit begins, the insurance adjuster passes on the responsibility to a defense attorney. The adjuster and the attorney communicate regularly, reducing the administrative burden on the adjuster. Insurance adjusters and claims supervisors are required to justify each settlement to their superiors eventually, so they are encouraged not to settle. Senior claims adjusters also face pressure to avoid settling a claim, especially one that is for significantly more than its value. For this reason, they often speak about “getting authority” and will refuse to pay a claim without recognizing the potential for the testing of the settlement at a later time. All settlements have to be documented appropriately, so insurance adjusters are unwilling to risk their jobs by closing a file early. Even the smallest personal injury claim could pose a risk to the insurance employee’s job, so providing documentation is key to getting the outcome you desire. Your Jacksonville auto accident lawyer should provide extensive documentation to make it as easy for the claims adjuster to justify settling your case as possible.

Contact a Jacksonville Auto Accident Lawyer

Contact Canan Law at (904) 824-9402 for assistance from a Jacksonville auto accident lawyer who understands how to present your claim.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury, St Johns County Auto Accidents, St. Augustine Car Accidents | Comments Off

Our Jacksonville Auto Accident Attorney Describes Filing a Claim

car accident Jacksonville Auto Accident AttorneyFiling an insurance claim after an accident is only the beginning of receiving a fair and reasonable settlement after a car accident. A knowledgeable Jacksonville auto accident attorney can help you at any stage of the process, including just knowing what to expect. After a claim is filed the insurance company will likely contact you via a claims adjusted. The claims adjuster is seeking information about the accident and any losses or damages you are claiming related to the accident. The adjuster will likely provide you with a claims form and also request information to prove or document any loses. The job of the adjuster is determine whether the insurance company will cover the accident and, if so, how much. If the accident is complicated or involves multiple vehicles, the insurance company may decide to open a more formal investigation and attempt to determine who is at fault. Jacksonville auto accident attorneys are experienced advocates who can help you through the investigation process and deal directly with the insurance company. They understand how the process works and how to get results. The assignment of fault is an important part of the insurance company’s formal investigation and fault will almost always be assigned, even if fault is allocated between more than one party. Just because you were not cited by the police does not mean the insurance company cannot determine that you were at fault. The assignment of fault determines what and how much your insurance will pay and also determines how much your premium will increases.

The Effects

The assignment of fault can be contested and successfully contesting fault can make a big difference both in terms of what the insurance company will cover and money saved in future premiums. When considering contesting fault remember that the adjuster works for the insurance company and the insurance company, in assigning fault, is looking out for its own financial interests – not yours.

Contact Our Jacksonville Auto Accident Attorney

Contact a Jacksonville auto accident attorney who knows how insurance claims and adjusters work and can make sure that your interests come first. Call Canan Law at (904) 824-9402.

 

Posted in Auto Accident Litigation, Automobile Accidents, personal injury, St Johns County Auto Accidents, St. Augustine Car Accidents | Comments Off

Our Palm Coast Auto Accident Attorney Discusses Personal Injury Basics

scales books Palm Coast Auto Accident AttorneyIf you have been injured due to the negligence or recklessness of another person or a company, a Palm Coast auto accident attorney might be able to recover compensation for your losses. State and federal laws give individuals who have sustained physical or financial harm the right to file a civil lawsuit against the responsible party. Civil lawsuits are different from criminal suits because they deal with financial losses and acts of negligence rather than violations of local laws. If you’ve been injured, here’s what you need to know about accident cases.

Contacting an Attorney

The first think you should do is contact a local Palm Coast auto accident attorney or a law office that handles personal injury claims. Your attorney can assess your case, determine how much time you have to begin a claim, and advise you on the best way to proceed.

Settlements and Lawsuits

Companies and individuals who are responsible for your injuries may prefer to settle your case out of court to avoid a time-consuming and costly legal battle. If you’ve received a settlement proposal, consult your attorney before you sign the agreement. Your attorney may be able to negotiate a better offer. It’s important to note that if you accept a cash settlement, you lose your right to sue. If an agreement cannot be reached out of court, your attorney will submit an official court complaint. This document will explain your side of the case and present allegations of the defendant’s negligence or recklessness. Then, the defendant can respond during the trial. Usually, your request for damages will be reviewed by a jury to ensure that you are fairly compensated.

Filing a Lawsuit

Before a Palm Coast auto accident attorney accepts a case, he or she will assess the situation to see if you have a valid claim. In personal injury cases that involve negligence, your attorney must prove these things.

  1. The defendant had a duty to ensure your safety.
  2. This duty was breached due to carelessness or negligence.
  3. Your losses were a direct result of the breach.
  4. You sustained damages.

Recovering Compensation

If your lawsuit is successful, you may be reimbursed for your medical expenses, property damage, past and future lost wages and other losses. These amounts are determined by your actual losses, amounts recovered in similar cases and limits that courts place on certain damages. In some situations, you might be able to recover punitive or non-economic damages that punish the responsible party or compensate you for emotional losses or trauma, such as pain and suffering.

Limitations and Other Information

There are limits on the amount of compensation that you can receive and the amount of time that you have to file a lawsuit. If your injuries occurred in Florida, you have four years to file a lawsuit for personal injuries or property damage. You must also have documents proving your losses and expenses. Your attorney can advise you on other specifics.

Contact a Palm Coast Auto Accident Attorney

If you have been injured in a motor vehicle collision or any type of accident, contact an attorney as soon as possible. If you are unable to stop by an attorney’s office, a lawyer can visit you or arrange a conference by video or over the phone. To discuss your case with a qualified Palm Coast auto accident attorney, contact Canan Law at 904-824-9402.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury, St Johns County Auto Accidents, St. Augustine Car Accidents | Comments Off

Jacksonville Accident Attorney Discusses the Purposes of a Deposition

Car Accident Jacksonville Accident AttorneyIf you have been in an accident, it is recommended that you contact your Jacksonville accident attorney for a consultation. You may be entitled to compensation for the damages that occurred from the accident. As your Jacksonville accident attorney will tell you, depositions are a necessary part of an accident claim. The following information will explain what a deposition is and why they are used during an accident claim. If you have any further questions, contact your Jacksonville auto accident attorney.

The Purpose of a Deposition

A deposition is testimony that is given by a witness outside of the courtroom. A deposition can serve several purposes. The following are the most common ways that a deposition is used, according to your Jacksonville auto accident attorney:

  • Depositions are used to gather facts. A deposition is basically an extension of a written discovery. A written discovery is the tool that is used to help an accident attorney determine who should be deposed for the case.
  • A deposition can be used to freeze a testimony. If a witness who gave a deposition tries to give another version of the events in court, their deposition can be used against them.
  • A deposition can be used to obtain admissions. The information that a witness gives can be used a admissions.
  • Depositions can be used to authenticate other documents.
  • A deposition can be used to support a motion. There are many motions that could be supported by a deposition. A deposition is a more persuasive tool than an affidavit because an affidavit does not include cross-examination like a deposition does.

Contact Our Jacksonville Accident Attorney

Call your experienced Jacksonville accident attorney today from Canan Law at (904) 824-9402. Canan Law has the Jacksonville accident attorney who will help you get the best results from your accident case.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury | Comments Off

Tips on Seeking Compensation from Our St Augustine Auto Accident Lawyer

St Augustine Auto Accident Lawyer  accident reportOur St Augustine auto accident lawyer is commonly asked how much compensation clients should seek. The answer to that question varies greatly depending on many factors, especially the severity of the accident.

Medical Costs and Expenses

The brunt of the costs and expenses will relate to medical bills. Therefore, you will need to keep a very good record of the types of injuries you sustained, the type of medical care you received, and all related costs. Keep record of paramedic bills, emergency room visits, hospital bills, any and all treatment or therapy you attended and any medications that you took. All of these tangible costs add up. Our St Augustine auto accident lawyer can help you with organizing these figures.

Economic Losses

If you were working outside of the home or if you were self-employed at the time of the accident, you suffered economic loss. In addition to specific lost wages and time off work, you might have taken unpaid leave. You will need to obtain payroll and employment records, which can help establish your income and lend credibility to your case. Income tax records can also provide a record of your earnings along with further documentation of how your income was affected by the accident. Human resources can supply your regular reviews and evaluations, which can show a pattern of raises and advancements. In addition, the courts might consider lost opportunities, including lost promotions. You may have even been terminated after the accident. As such, your employee records can show that you had a good track record at work before the accident. A payroll summary will help you remember dates that you might overlook. In addition, while your income tax return might not show tax-deferred savings deducted from your check, this is also an actual loss that needs to be considered.

Pain and Suffering

The most difficult area of all to assess is your pain and suffering after an accident. This is the negative impact that the accident had on you. You will need to track even mundane activities that you can and can’t do by keeping a daily record of these in order to give your attorney an idea of how you were affected.

Contact Our St Augustine Auto Accident Lawyer

For specific details about seeking compensation from a St Augustine auto accident lawyer, call Canan Law at (904) 824-9402.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury, St. Augustine Car Accidents | Comments Off

St Augustine Auto Accident Lawyer Answers Auto Accident FAQs

St Augustine Auto Accident Lawyer leg in cast Our St Augustine Auto Accident lawyer will assist you with navigating the legal landscape of a car wreck claim and avoid the traps set by auto insurance companies. Getting injured in a car wreck is bad enough, but often the situation seems made worse by piling medical bills, an unresponsive insurance company and questions surrounding your legal rights.

Getting Answers

Did you know auto accidents are the leading cause of injury in St. Augustine? Many folks injured in a car wreck are not aware of their rights to compensation. Find a St Augustine auto accident lawyer at Canon Law who can answer all of your questions and guide you through the process of settlement or even filing a lawsuit if needed. In the section below, our attorneys have provided a few answers to some common questions.

Can I recover damages if I was not wearing my seat belt?

In Florida, you may still receive compensation for your injuries if you were not wearing a seat belt at the time of the car accident. Our Palatka auto accident attorney will argue for your right to compensation

Should I sign a medical records release form provided by another driver’s insurance adjuster or provide a copy of my medical records if requested?

Never sign any medical record release requested by the driver’s insurance adjuster. Such a release is likely encompassing of all of your medical records from anywhere at any time. Such information can be used against you in your case. Always consult with a Palatka auto accident attorney before signing any documents in reference to your auto accident case.

Do I have to go to court if I hire an attorney or file a claim?

No. Most cases settle outside of court. A St Augustine auto accident lawyer will help you decide your case’s value and whether any settlement offers they put forth or receive from the insurance company is worth accepting. If a settlement agreement cannot be reached, then some cases proceed to trial.

Should I seek medical treatment if I don’t feel injured after a car accident?

Everyone involved in a car accident should see a medical professional. Medical research shows that even fender-benders can result in long-lasting neck and back injuries even if the individual does not feel immediate pain. Further, seeing a medical professional immediately following a car accident serves as important documentation for your case. Insurance may cover the costs.

If I believe I’m partly at fault for the car accident, should I still seek legal counsel?

Yes. The accident may not have been your fault at all. There are many possibilities you may not have considered that a St Augustine auto accident lawyer will discuss with you, like defective traffic signals and car equipment, or intoxication of the other driver. Do not accept blame or apologize to the other driver until your attorney has investigated all avenues of your claim as that could be used as evidence against you later.

My airbags did not deploy when I was in a car accident. Should I sue the car manufacturer?

Maybe. Depending on the circumstances of your car accident, you may have a product liability claim against the car manufacturer if the airbags should have deployed but did not. A St Augustine auto accident attorney along with the assistance of an engineer can investigate your car mechanisms and make a determination on whether you should pursue a case against the car manufacturer.

Is it better to file a lawsuit or let the insurance company deal with my case?

A St Augustine auto accident attorney can help you decide whether to file a lawsuit or accept a settlement agreement from the insurance company. In most cases, a settlement can be agreed upon, however, each case is unique. Our St Augustine auto accident attorneys offer free consultations to discuss your options.

Contact a St Augustine Auto Accident Lawyer

The auto accident attorneys at Canan Law specialize in handling car wreck and injury cases. When the unexpected and the worst happen, they are prepared to ease your concerns and help you with your case. Call (904) 824-9402 to schedule a free case evaluation with a Palatka auto accident attorney.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury | Comments Off

St Augustine Car Accident Attorney Discusses Texting and Driving Wrecks

St Augustine Car Accident Attorney woman driver uses her cell phone in carThe 2015 session of the Florida Legislature came to an end in late June with another attempt by lawmakers to reduce the number of texting and driving wrecks. The 2015 House Bill 1 and Senate Bill 192 failed to get the required votes to make texting and driving a primary traffic offense, which would have given law enforcement officers the right to pull you over as soon as they see you using your smartphone on the road.

Chapter 316 of the Florida Statutes

Although HB1/SB192 failed to pass in Tallahassee, it is important to remember that a statewide ban on texting while driving is currently in effect under Title XXIII, Chapter 316 of the Florida Uniform Traffic Control statute. That law, which was passed in 2013 in an effort to prevent texting and driving wrecks, made it possible for police officers to give you a ticket for using your smartphone, but only if it was associated with other traffic infractions. As the situation currently stands in the Sunshine State, texting while driving is still an illegal practice that law enforcement agencies and car insurance companies are concerned about; however, the various provisions of the law make it difficult to enforce. Chapter 316 of the Florida Statutes has a number of exceptions that complicate the job of police officers when it comes to writing traffic tickets for texting while driving. For example, let’s say a Florida Highway Patrol officer pulls you over on I-95 under suspicion that you were composing text messages. The officer would have to verify that you were actually texting and not using a navigation app on your smartphone, which is allowed under the law. Perhaps your smartphone has an app that allows you to control your car’s audio system, which you are also allowed to operate under the law. Nearly 100 traffic tickets involving texting while driving were issued in Southwest Florida within the first six months of the enactment of the law. Many of these cases can be dismissed in court because the defendant can successfully argue that the officer cannot verify that texting was actually taking place; such a determination would have to be made by reviewing smartphone data, a subpoena that can only be granted and executed in major accidents resulting in injury or death.

Contact a St Augustine Car Accident Attorney for Questions About Texting and Driving

Texting while driving is not only illegal, it can also be considered highly a highly negligent and irresponsible action in case of an accident. Most of the texting and driving citations written these days in Florida are related to road traffic accidents. When one of these tickets is attached to an accident report, the driver who was doing the texting appears to be more liable. If you have been injured in one of these texting and driving wrecks, you should contact an experienced St Augustine car accident attorney from Canan Law to handle your case. Call (904) 824-9402 today.

Posted in Auto Accident Litigation, Automobile Accidents, personal injury, St Johns County Auto Accidents, St. Augustine Car Accidents, texting and driving | Comments Off

Palatka Accident Lawyer Discusses Employer Liability

balance gavel books Palatka Accident LawyerIf you have been injured in an accident that occurred while the other party was on the job, contact your Palatka accident lawyer immediately. Many professions require driving in order to complete their daily tasks. If an accident occurs while someone is in their work vehicle, their employer could be liable for the damages that occurred from the accident.

When Is the Employer Responsible for the Damages?

There are two circumstances where the employer could be liable for an accident that their employee caused: Vicarious liability and employer negligence. Vicarious liability is not the same as negligence. Vicarious liability is when the employer is responsible for their employee’s actions. The employer is the one who directed the employee to complete the task, which leaves the employer as the responsible party. Of course, the employer is only responsible if the employee was performing a task under their direction when the accident occurred. An example of where the employer could be liable for the accident is if they sent the employee out to do anything for the company such as purchase supplies, visit the bank, or pick up documents. If the employee made a stop that was not under the direction of the employer, such as picking up lunch, then the employer will most likely not be held liable for the accident. The employer will also not be liable if the employee decides to commit an intentional act of harm. If you have further questions regarding vicarious liability, be sure to contact your Palatka accident lawyer for assistance.

Negligence

Employer negligence can involve either negligence when hiring the employee or negligence when it comes to supervising the employee. When a company hires an employee, it is their responsibility to hire an individual who has a safe driving record. It is up to the employer to make sure that any employee driving their vehicle has a driver’s license that is considered to be in good standing. Employers should also request an employee’s driving record as well as submit them to a drug test in order to do their due diligence when allowing an employee to drive. An employer may also be responsible for an accident through negligent supervision. It is up to the employer to have safety procedures and enforce them for employees who operate their company vehicles. The employer is also responsible for making sure that all vehicles in the company fleet are in good working order. The vehicles need to be maintained regularly, and any logs completed if required. If the accident is caused by a lack of supervision by the employer, then they will likely be held liable for the accident by the employee.

Call a Palatika Accident Lawyer

If you have been in an accident where an employer could be liable, schedule a consultation with your Palatka accident lawyer. For an experienced professional, contact your local Palatka accident lawyer today from Canan Law at (904) 824-9402.

Posted in Auto Accident Litigation, Automobile Accidents, Motorcycle Accidents, personal injury, St Johns County Auto Accidents, St. Augustine Car Accidents, traffic fatality | Comments Off

Our Green Cove Springs Beach Accident Attorney Discusses Lane Splitting

Green Cove Springs Beach Accident Attorney motorbike accidentIf you have been injured in a motorcycle accident, contact your Green Cove Springs Beach accident attorney to help you with your case.

What Is Lane Splitting?

Lane splitting is a term used when a motorcyclist steers their motorcycle between two cars that are moving slow or parked. Typically, a motorcyclist will perform a lane split maneuver if there is a traffic jam or if cars are moving very slow. If there is an accident with the motorcycle and it occurs during a lane split, then either party could be responsible for the accident. Lane splitting is legal in some states, but not all. California is an example of a state that allows motorcycles to split the lanes during traffic. However, the California Department of Motor Vehicles says that lane splitting is only allowed when it is “safe and prudent.” Those terms are open to interpretation of course.

Who Is Liable During an Accident When Lane Splitting Is Involved?

Having an accident while lane splitting is highly likely due to the close proximity of the motorcycle near vehicles. There is little open space available between the motorcycle and other vehicles so there is little room to maneuver in case of emergency. If an accident occurs when a motorcycle is splitting lanes, then it is likely that the motorcycle will be determined to be at-fault for the accident. If the motorcyclist is found to be at-fault for the accident, then it is unlikely that they will be able to collect damages from an insurance company. If the motorcyclist is able to prove that they were not at-fault however, then the insurance company will likely pay out either a partial or full settlement for property damages. The vehicle operator may be found at-fault if the accident occurred due to their negligence. If the driver switched lanes while not looking, or was on their phone and not paying attention, then they can be found to be at-fault. The following factors will help your Green Cove Springs Beach accident attorney prove that you were not at-fault while riding your motorcycle:

  • That you were riding carefully, not weaving in and out of traffic or speeding.
  • You have a record of safe driving with your motorcycle.
  • The other driver was found to have committed a dangerous traffic offense such as not signaling when switching lanes or drifting between lanes.

You will need to support these claims with witnesses or official reports.

Tips for Riding Safely

  • Be aware of other drivers around you
  • Stay with the flow of traffic
  • Watch for other cars changing lanes
  • Do not zoom past cars at an unsafe speed
  • Ride wearing safety equipment and your headlight on

Contact Our Green Cove Springs Beach Accident Attorney

For an experienced professional, contact your Green Cove Springs Beach accident attorney today from Canan Law at (904) 824-9402.

Posted in Motorcycle Accidents, personal injury | Comments Off

Palatka Accident Attorney Recommends Symptom Diary

Hurting hand Palatka Accident AttorneyA Palatka accident attorney can explain proactive things that you can do to help with your case. One such activity is keeping a symptom diary.

About Symptom Diaries

Palatka accident attorney can explain that a symptom diary is a record that you keep that describes the symptoms you experience as your injury progresses.

Forms of Symptom Diaries

A symptom diary is what you make of it. It may be more like a journal in which you write your progress each day. It may be a computer log or even a spreadsheet. Alternatively, it could be a calendar in which you write detailed notes.

Purpose of Symptom Diary

Your Palatka accident attorney can explain that one of the elements that you must prove in a negligence case is damages. While medical bills and employment records may help prove your lost wages and medical expenses, without a symptom diary, you do not have any objective piece of evidence to prove your pain and suffering and loss of enjoyment of life.

Tips

Be specific with your symptom diary. Realize that an insurance adjuster or even a jury may see your symptom diary. This piece of evidence can give a jury a more realistic idea of the pain you endured while you recovered from your injury. Many cases take months or years before they are resolved or go to trial. Therefore, it is important that you are able to describe your symptoms as they occurred on a daily basis. Describe how your symptoms change throughout the day and throughout time. Discuss activities that you are no longer able to do. Only provide honest information. This is not the time to exaggerate. Juries will see through this tactic as an attempt to get more money than you are entitled to.

Legal Assistance from a Palatka Accident Attorney

For more information on symptom diaries, contact a Palatka accident attorney at Canan Law by calling (904) 824-9402.

 

Posted in Auto Accident Litigation, Automobile Accidents, personal injury | Comments Off