How Social Media can affect your Personal Injury Case

Few people realize the scope of the investigation into a plaintiff’s personal injury case. Most people don’t know that the defendant and/or insurance company can subpoena telephone call and texting records to determine whether a driver was on the phone or texting prior to the accident. This could be used to prove comparative liability against the Plaintiff and to dismiss the case altogether or reduce the recovery in favor of the Defendant. In other words, the opposing side can argue that the Plaintiff was partially or fully at fault due their own negligence in talking on the telephone and/or texting while driving.

Also, most clients don’t recognize that their texts and/or social media posts regarding a fun night out with friends that resulted in an accident could be used against them to negate their claim. Especially if there is alcohol involved in such outings and this is recorded via text and/or social media postings.

Additionally, many people will be surprised to find out that any pictures or statuses posted could be used to argue that your injuries are not as severe as you’ve led on. For instance, if you have claimed to be permanently injured (which is required to receive pain and suffering damages in Florida) and you post a photo of your trip to the Caribbean where you went water skiing, the defense will argue that you must not be all that injured if you are able to waterski. The moral is to be very cautious with what you put out into the social media universe.

The best advice is to refrain from texting while driving and especially from posting any incriminating photos on social media that may indicate some sort of intoxication or lack of capacity shortly after an accident. Further, if you were severely injured in an accident and are having an unusually productive day, also do not use social media to indicate your productivity in your medical progress as such temporary progress may put a dent in your case due to negation of pain and suffering damages.

Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury case and help you obtain the personal injury award you deserve!

Share ThisShare on FacebookTweet about this on TwitterShare on LinkedInShare on Google+Email this to someonePrint this page

Five Truths that Make Medical Malpractice Cases Difficult to Pursue for Personal Injury Lawyers

In order to recover under medical malpractice negligence laws, a plaintiff is required to prove the following elements: Duty to perform in the same manner as other like professionals in the same locality, breach of such professional duty to act, cause in fact, proximate cause and resulting damages. Florida is a comparative negligence state, however, this standard does not relieve the breaching medical professional of any liability since it is rare that a plaintiff contributes to his or her own medical malpractice liability. However, medical malpractice cases are often limited by the following difficulties:

  1. The probability of settling out of court is extremely low in medical malpractice cases;
  2. The low probability of settling outside of court requires the attorney to file suit against the tortfeasor, which is almost always extremely expensive due to discovery requirements and retaining expert witnesses;
  3. The causation required in the negligence standard is harder to prove since there are many other factors and/or players that may have led to your injury;
  4. The abundance of doctors “going bare” and protecting their assets instead of carrying insurance is unusually high in today’s economy (due to the high costs of liability insurance); and
  5. Even if you prove fault on the part of the doctor, your ultimate recovery may be offset by the extreme expense of litigating such tort actions as well as statutory caps on each particular medical malpractice recovery.

In conclusion, while medical malpractice cases are definitely a great area where a plaintiff can recover, these types of claims also have significant limitations. The best idea is to get multiple opinions from lawyers to determine the viability of the medical malpractice claim and/or whether your claim can fall under any special medical malpractice exceptions (such as the negligence by certain classes of medical professionals)

Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury case and help you obtain the personal injury award you deserve!

Share ThisShare on FacebookTweet about this on TwitterShare on LinkedInShare on Google+Email this to someonePrint this page

AUTO INSURANCE AND PERSONAL INJURY LAW (PART 2)

In Florida, the required auto insurance coverage consists of Property Damage and Personal Injury Protection. Most people think they have “full coverage” on their insurance policy, but the term has created confusion as to what types of coverage are required in Florida. Many people also don’t know that Florida has some of the most lenient requirements for vehicle owners out of any state.

As a brief overview, Property Damage coverage will protect you by compensating the other driver for damage to his or her vehicle if you cause an accident. Here, however, we will discuss Personal Injury Protection. Personal Injury Protection (PIP) coverage will cover your medical bills after a car accident no matter whether the accident was your fault or the other person’s. Most people have $10,000.00 in PIP coverage that you can elect to use for either of two purposes. PIP will either cover 80% of your medical expenses or 60% of your lost wages up to $10,000.00. Most PIP policies contain a deductible of $500.00 or $1,000.00.

In the last few years, our State Congress has made many changes to the PIP statute. The insurance policies can now differentiate the PIP Policy limits depending of the seriousness of the injuries. The insurance companies are required to pay up to $10,000.00 of your medical expenses if a medical doctor determines that you have sustained an Emergency Medical Condition (“EMC”). If a doctor does not make that you have an “EMC” then the insurance company is only required to pay up to $2,500.00 of your medical expenses. PIP is mandatory in Florida and you cannot purchase auto insurance in the state without it. You can elect to purchase more than $10,000.00 in PIP

Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury and/or insurance coverage matter.

Share ThisShare on FacebookTweet about this on TwitterShare on LinkedInShare on Google+Email this to someonePrint this page

Auto Insurance and Personal Injury Law (Part 1)

There is a lot that people need to know about auto insurance. Many people think they have “full coverage” on their insurance policy. This term has created confusion as to what types of coverage are required in Florida. Florida has some of the most liberal requirements for vehicle owners of any state. The only types of coverage required in Florida are Property Damage and Personal Injury Protection.

In this blog, we will discuss Property Damage. Property Damage coverage will protect you by compensating the other driver for damage to his or her vehicle if you cause an accident. Many people think Property Damage coverage will fix their vehicle as well. That is not the case. Florida requires a minimum of $10,000.00 in Property Damage coverage. If your car is worth more than $10,000.00, a driver carrying the minimum Property Damage coverage will not be able to fully compensate your loss. If this concerns you, you should discuss adding Collision coverage to your policy.

Collision coverage will repair your vehicle or compensate you in many circumstances; for example, if the other driver’s Property Damage Coverage cannot fully compensate you, or the other driver is uninsured, or you cause the accident.

Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury and/or insurance coverage matter.

Share ThisShare on FacebookTweet about this on TwitterShare on LinkedInShare on Google+Email this to someonePrint this page