Category: Personal Injury

Questionable Tactics Insurance Companies Use To Lessen the Settlement Received From a Motor Vehicle Collision

Small car damaged from a motor vehicle accident

 

Automobile insurance adjustors want to save their companies money on every claim, so they will try many different ways to get a claimant to accept a low-ball offer, even if their claim might call for a higher compensation. One highly questionable tactic is the quick low-ball settlement offer that is extended by the insurance company shortly after the accident takes place. Insurance companies will do this to:

  • Blindside the claimant and bring the offer to their attention during a stressful time where the person might not be at their best to make an important/informed decision regarding settlement.
  • Get the claimant to accept the low-ball offer prior to the victim accessing all the damages and injuries, they have sustained from the accident, without the benefit of multiple doctor visits and/or diagnostic testing.
  • Have the victim agree to an offer that doesn’t represent what their claim is possibly worth Insurance Companies may also postpone/delay the processing of the claimants’ documents to try to get them to a point where they will accept anything to pay for mounting medical bills, car repairs, and everyday expenses they may be struggling to pay for after an accident. Furthermore, after not seeing any progress in a claim people will sometimes drop their claims altogether which is a win for the insurance company.

The Bodily Insurance adjustor (the at fault’s insurance company) might reach out to a claimant just a few hours after an accident to try and get details from the claimant and get them to deny that they were injured from the accident. Therefore, never speak to the adverse insurance carrier prior to consulting with an attorney. Adjusters also may ask the claimant for a statement that is recorded but again this can negatively impact the victim’s claim, as this can provide the adjustor with information to give you less of a settlement. If requested, always respectfully decline, and contact an attorney.

Insurance companies may also send the claimant a medical authorization to execute, which will allow the insurance adjuster to obtain ALL of your medical records regarding your entire life. Signing this form will allow the adjustor to obtain every medical record/report generated by every doctor the claimant has ever seen. In summary these records can be used by the insurance company to make a case against the victim that they were not injured by the accident in question and again justify giving the claimant less money for their claim.

Here at Hicks and Motto, We deal directly with the adverse insurance company so you can focus on healing and getting back to normal. Call Hicks & Motto, 561-683-2300.

What are the elements of a wrongful death claim?

Car with damage from an accident causing a wrongful death claim.

Losing a loved one is never easy but losing a loved one due to the negligence of a third party is particularly difficult. Oftentimes, when we lose someone due to the negligence of others, we feel compelled to find answers, and we want someone to be held accountable for their improper actions.  In order to establish a viable wrongful death claim, however, there are three specific elements that must be met.

  1. Negligence:

In order to hold a third party accountable for the loss of a loved one, it is first necessary to prove that the third party had a responsibility to provide a duty of care to a loved one and failed to do so, resulting in damage or injury to another person. This is called negligence. Examples of negligence may include a driver who fails to stop at a red light causing a traffic accident that injures another driver, or a physician who fails to check his patient’s chart for allergy information prior to prescribing the penicillin that causes the patient’s death.

In cases where wrongful death may have occurred due to the negligence of a doctor, nurse, or other health care provider, negligence must be proved based upon an established standard of care. This means that the negligent healthcare provider’s actions must be compared to the actions of a reasonable healthcare provider in a related background to see if the established standard of care was met.

  1. Causation:

The second element that must be met is causation, otherwise known as the “but for” test. In a wrongful death claim, this means that the deceased would have lived “but for” the negligence of a third party. To return to the example above, the patient would not have died but for the physician’s failure to check the patient’s chart for allergy information prior to prescribing penicillin. If the physician had checked the patient’s chart, which is a reasonable standard of care for a physician, the physician would have known not to prescribe penicillin to the patient, and the patient would have lived.

  1. Damages:

The final element to be met is damages. This means that it is necessary to prove to the court that the loss of your loved one caused losses that impacted you and your family in a negative way. Some examples of damages are hospital bills, the pain and suffering endured by the deceased, burial and funeral costs, lost income, and loss of companionship. Unless proof of these losses is provided, the element of damages cannot be met.

If you have questions regarding a possible wrongful death claim, contact the attorneys at Hicks & Motto for a consultation free of charge. You have questions, we have answers.

What You Need to Know When You Have a Slip and Fall Injury and Possible Claim

Man holding injured knee after falling down some stairs.

 

In this chaotic fast paced world where you are on the go 24/7. Slip and fall accidents do occur and it’s amazing how just this simple incident can lead to major issues that can last a lifetime. If you get hurt because of the negligence of a business owner, a company, or another person, you may be able to receive compensation for your injuries and damages. If you want to pursue a claim, here is some advise:

First, you need to have evidence to demonstrate liability or why the person or company is at fault. Just because you fall at a business, doesn’t mean the business owner is liable. The evidence you collect and whether or not it would hold up in court will differ based on the case. In any event, since everyone has a cell phone with a camera function, it is crucial to your claim to take photographs of the area where you fell and of any substance that might have contributed to the fall, i.e. water, a grape, soap. In addition, if there were any witnesses to the fall, attempt to obtain the person’s name and telephone number, as their testimony as to what occurred can be very beneficial to the claim. Finally, preserve the shoes that you were wearing at the time of the fall, as they are now evidence regarding the claim. You should place the shoes in a safe area, and no longer wear them.

Furthermore, you need to seek the appropriate medical treatment to help alleviate the pain and discomfort, and ultimately lead to the resolution of your injuries. Not every doctor is trained to treat injuries arising from a slip and fall incident, sometime specialists are needed depending on the injury. Never delay, seek medical treatment immediately after the fall.

You can represent yourself, but you do have the option to retain a lawyer. Most people will say, “well I don’t have money to go see a lawyer”, but in the State of Florida, personal injury attorneys work on what is called a contingency, which means we ONLY get paid if we are able to obtain money for your claim.

Here at Hicks and Motto, we specialize in personal injury claims and have seen numerous cases and would love to be able to help you receive justice for your claim. We look forward to speaking with you and fighting on your behalf. Remember at Hicks & Motto, “Results Matter”.

Fatal Motorcycle Accidents Continue to Rise Every Year

Hicks and Motto attorneys for motorcycle accident injuries

 

 

In what we find to be unsurprising news, deaths from motorcycle accidents increased dramatically when tracked over a 10-year period – in fact, the statistics show that from 1994 to 2014, nationwide fatalities increased EVERY YEAR.

Sadly, Florida’s statistics follow the same trend. The most recent data show that total motorcycle crashes increased from 8,706 to 9,143, with fatalities increasing from 497 to 531 (source: Florida Highway Safety & Motor Vehicles).

To put this death toll into context, here’s a jarring view – motorcycles account for less than 1% of the national miles driven but account for 15% of traffic deaths. So, with close to 5,000 people dying every year while riding a motorcycle, it makes this form of transportation 26 times more deadly than driving a car.

There are many reasons for this high rate of fatalities and injury accidents involving motorcycles; the most commonly reported being that the motorist didn’t see the motorcycle until it was too late.

If you are a motorcycle rider, what can you do to stay safer on Florida’s congested and dangerous roadways?

  • WEAR A HELMET, even though you are no longer required to by Florida Statutes Section 316.211. It reduces your probability of head injury by as much as 70%.
  • BE CONSPICUOUS; wear bright colors and always be sure your headlamp is on even in daylight.
  • AT NIGHT, wear reflective gear and in addition to your headlamp, use your running lights (if your bike is equipped with them).
  • EXCESSIVE SPEED is involved in a significant number of accidents, so obey posted speed limits.
  • ALCOHOL INTAKE impairs reaction time. You do not have to meet legal standards of intoxication to be a few seconds too slow – and on a motorcycle, that is the difference between life and death.

Motorcycle riders are at an overall higher risk on the road – the stats bear it out – and are at a much higher risk of serious injury or death. Motorcycles have the same rights as cars to be on the roadways, regardless of some people’s opinions to the contrary. If a motorcycle rider is injured or killed through no fault of their own, they or their family are entitled to the same compensation as those injured or killed in an auto accident.

If you or a loved one need a knowledgeable personal injury lawyer with the experience to negotiate adequate compensation, or take your case to trial, contact Hicks & Motto at 561.683.2300.

Florida Ranks Number One in U.S. Boating Accidents, Deaths, and Injuries

Florida ranks number 1 in boating accidents Hicks and Motto Attorneys

 

 

With the warm sun, sandy beaches, and ocean just steps away, Floridians have always enjoyed an active outdoor lifestyle.  Boating is a favorite activity for many South Florida outdoor enthusiasts; however, it is extremely important to know how to stay safe when out on the water.

Florida’s boating facts are astounding.  According to 2018 United States Coast Guard statistics, Florida had the highest number of fatal injury, non-fatal injury, and property damage accidents compared to any other state.

Here are some other key findings from the report:

  • In known causes of boating deaths, 77% were from drowning
  • In known drowning victims, 84% were not wearing life jackets
  • In fatal boating accidents, alcohol is the leading contributing factor
  • In fatal boating accidents, lack of operator boating safety education is a major factor
  • In boating accidents, operator inexperience or inattention are among the top five contributing causes, along with improper lookout, speed, and machinery failure.

These statistics indicate that responsible boating can prevent injury and save lives.  To prevent accidents and injury:

  • Always wear a life jacket
  • Never boat under the influence
  • Take a boating safety course
  • Know navigational rules

Both federal and state laws can apply to boating accidents on Florida’s waterways.  Depending on the circumstances, the operator of a boat may be liable.  If you or someone you know has been injured in a boating accident, you may be able to recover from the responsible party.

Please stay safe and boat responsibly.

Hurricane Property Damage – What to Do

 

property damage

In the aftermath of Hurricane Dorian, our thoughts are with you, your families, and friends. And with more severe weather on the horizon, there are things you need to know.

After a natural disaster, it can be stressful and completely overwhelming to try assessing your property damage. While you are doing so, we urge you to please be careful – that damage may have made things unstable and even dangerous.

Here are some helpful guidelines:

DOCUMENT THE DAMAGE
Create a thorough list of every damaged item. Include its description, manufacturer name, brand name, model number (if applicable), as well as the location of purchase, date of purchase, and purchase price. Include photographs and videos.

PREVENT FURTHER DAMAGE
Do what you can to prevent further damage. Cover exposed areas like broken windows and damaged roofs to keep the rain out. Avoid hiring anyone to make permanent repairs until your insurance adjuster reviews the damage in person. And be very wary of anyone who comes to your door telling you they’re “working in the neighborhood”. It may be true, but take no chances. There’s a reason the State of Florida has a scam hotline — 1-866-9-NO-SCAM.

FILE YOUR CLAIM QUICKLY
Insurance companies typically handle claims in the order in which they are received. Therefore, it’s important to file your claim as quickly as possible. Contact your insurance company, let them know the extent of your damages, and that you have an inventory. An insurance adjuster will assess the damage and determine the damage amount.

If your property was impacted, here is a list of helpful agencies:

If your home was damaged by Hurricane Dorian and you have any questions about what to do next, please call us 561.683.2300. We’re here to help.

Be Safe!

Safe Cycling in Unsafe Times

bicycle accident-hicks and motto

With school back in session, the number of bicycles sharing the road with automobiles dramatically increases, and we’re reminded to be extra careful. Soon, South Florida’s weather may actually grow cooler, and even more cyclists will be hitting the road.

The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) reports there were 783 bicyclists killed in traffic crashes in the United States in 2017 (its most recent data). No surprise – a car vs. bicycle crash almost always leaves the cyclist injured.

The most troubling part of that statistic is that Florida leads the country in the number of fatal bicycle crashes, accounting for 125 of those 783.

There are two main types of crashes: the most common — falls, and the most serious – those involving cars.

There are things you can do to decrease the risk of a crash.

  • Regardless of the season, bicyclist deaths occurred most often between 6 p.m. and 9 p.m.
  • Bicyclist deaths were 8 times higher for males than females in 2017.
  • Alcohol was involved in 37% of all fatal bicyclist crashes in 2017.
  • Bicyclist deaths occur most often in urban areas (75%) compared to rural areas (25%) in 2017.
  • Ride responsibly and remember: All states require bicyclists on the roadway to follow the same rules and responsibilities as motorists.

Here’s a quick list of what to do in case of a bicycle accident:

  1. Check yourself – do a cursory and visual search of your person to determine if you have sustained any injuries that need immediate attention. If necessary, call an ambulance. Do not be a hero!
  2. Assist the injured – check with each person involved in the accident to see if they have been hurt. If necessary, call an ambulance.
  3. Call the police!
  4. Gather as much information as you can – take pictures of the scene; document the make, model, and license plate of the offending vehicle; gather the vehicle’s driver information including name, address, phone number, license number, and insurance information.
  5. Do not admit fault – your comments made in the tension and excitement of the moment may not be accurate! Wait for all the facts, and consult an attorney before admitting to responsibility, especially if you received a traffic ticket.
  6. Obtain witness information – write down the names and addresses of all the witnesses or involved parties to your accident. Don’t forget any passengers from the vehicles. Ask the witnesses what they observed.
  7. See a doctor – serious injuries do not always show immediate symptoms. It is smart to have your doctor, or an emergency room doctor, examine you as soon as possible. PIP laws require you to see a Medical Doctor within the first 14 days after your accident.
  8. Bicycle Repair – take your bicycle to a reputable shop with skilled mechanics to evaluate the damage.
  9. Tickets – don’t admit fault even if you are given a citation. The police officer is only giving his or her opinion of what happened. The ticket itself may not affect your case.
  10. CALL HICKS & MOTTO at (561) 683-2300 – Be sure after your accident you contact your law firm right away. A lawyer can give you advice and help you through the process whether you are at fault or not.

Summer is Ending — Watch for School Buses!

Palm Beach County Schools are back in session starting Monday, August 12. Here’s what you need to know about the laws so you, your fellow travelers, and the students can stay safe.

Florida law says signs must be posted around each school zone telling drivers how fast they can go and when the school zone is in effect. Some signs feature flashing lights rather than a list of times – so don’t assume that because there aren’t lights flashing, you aren’t in a school zone.

If a driver goes over the posted school zone speed – which in Florida could be as low as 15 mph, but no higher than 20 mph – that driver could see a whopping fine. If the set school zone speed limit is 20 mph and you’re caught going 40, your fine usually would be $175 – and that’s aside from any other citations an officer may write. But that speed in an active school zone would net you a ticket of $350.

If a school bus stops to pick up or drop off children, there’s only one situation where it’s legal for drivers to pass: if there is a five-foot barrier or unpaved median between the side of the road you’re on and the side of the road the bus is on.

Bottom line — these are kids going to and from school. Err on the side of caution, avoid a moving violation — and keep our children safe.

Remember, if you are involved in a motor vehicle crash or slip and fall, call Hicks & Motto.

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