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You can find several motorcycle riders in the sunshine state of Florida. There are more than half a million motorbikes registered in Florida and biking tourism is a huge draw in the state. Any lawyer handling the case of motorcycle accidents have to be aware of the motorcycle helmet law in Florida. It is a grim fact that more motorcyclists are killed in motorcycle accidents in Florida than in any other state of the U.S.

Is it necessary to wear a helmet in Florida?

In the case of motorcycle accidents when there are wrongful death and injury cases, the question often arises, is it necessary to wear a helmet in Florida? Is it possible for the rider to forgo the helmets and does not wearing a helmet affect the injury claim? The answers to these questions depend on different aspects such as how old are you, what kind of insurance you possess, and have you suffered serious injuries to your face, neck, or head?

Helmet law in Florida

Florida does have a proper motorcycle helmet law however, it is not implemented universally across the state the way it was before the year 2000. A legal clause makes it mandatory for the riders and operators under the age of 21 and for those not having an insurance policy to get a minimum of $10,000 in medical benefits for injuries that happened during riding or operating a bike. In case you are older than 21 and possess a proper insurance cover you are not required to wear a helmet by law. But, keep in mind that all bikers are required to wear some kind of protective eye gear in the state.

If you do not choose to wear a helmet it will not stop you from filing personal injury claims in Florida. However, in some cases, the choice might affect the amount of compensation that would have been rewarded to you. Motorcycle accidents in many cases result in substantial injuries to the rider or the passenger. Therefore, it is a good idea to hire an experienced injury attorney in Florida to fight the case on your behalf.

Insurance laws in Florida for motorcyclists

Florida happens to be a no-fault state for car insurance. But the laws regarding insurance coverage for motorcyclists are different. The usual no-fault law used for car accidents is not applicable here. Bike owners can register their motorcycle without any proof of insurance. Operators have the alternative to purchase insurance cover for their medical expenditure but it is generally not sufficient to cover the damages in case of motorcycle accidents. It also means that the biker has to pursue compensation from the parties at fault. An exception to this rule could be in the case of stacking uninsured motorist coverage bought by the motorcyclist on other vehicles in the household.

Helmet defense

In the case of motorcycle accidents, the state of Florida utilizes a pure comparative fault system to weigh the legal responsibility of the crash. It indicates that you are not prohibited from pursuing a legal claim even when you are partially at fault. But, this might mean that the amount of compensation you will receive is going to be less and will be proportionate with the degree to which it was your fault. In case you were not using a helmet during the motorcycle accident, the defense may use a tactic popularly termed as helmet defense for reducing the damages that are offered.

In some motorcycle accidents, the helmet is not a factor. For instance, if you have suffered broken ribs and leg muscle injuries and if you did not wear a helmet at the time, this decision of not wearing a helmet is irrelevant to the legal claim. If during the same accident your head was struck by hitting the pavement and you were not wearing a helmet, the defense might argue that it was your fault. In cases of motorcycle accidents in the Tampa, FL area contact the experienced team of attorneys at Rojas Law Group for a free consultation.

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Helmet Defense for Motorcycle Accidents!
There are many motorcycles to be found in the sunshine state of Florida. You can find more than 5, 00, 000 registered motorcycles in the state. During the cases of motorcycle accidents that cause injuries and wrongful deaths there is a common question raised, is it necessary to wear helmets in the state of Florida? Do the motorcycle riders have the right to forgo wearing helmets? If they do wave this right, is it going to affect their injury claim? The answers to these questions depend largely on your age, the kind of insurance you possess, and if you have suffered neck/head/facial injuries.

Motorcycle accidents and helmet laws in Florida

Florida does have a helmet law in place, however; it is not applied universally as it was before the year 2000. A helmet is mandatory for the rider under the age of 21 and for those that do not possess an insurance policy with a minimum of $10,000 cover in terms of medical benefits for the injuries caused during a motorcycle accident. When you are older than 21 and have the right amount of indemnity there is no need to wear the helmet. Also, keep in mind that all motorcycle riders are needed to wear protective eyewear in the state of Florida.

If you have chosen not to wear a helmet, it will not stop you from filing your injury claim in Florida. However, in many cases, it may affect the amount of compensation you are awarded. As motorcycle accidents many times result in a lot of injuries to the rider or the passenger, you must get hold of an experienced injury lawyer in Florida for running the case on your behalf.

Legal angle for the use of helmets during motorcycle accidents in Florida

The state of Florida uses a comparative fault system to decide the legal responsibility of a motorcycle accident or any other kind of crash case. It means you can pursue an accident claim even when you are partially at fault. If a helmet was absent at the time of the accident the defense may use a tactic called helmet defense for reducing the damages amount. This line of defense implies that although it was the fault of the other driver you can be held partially responsible due to the negligence that resulted in the injuries by not wearing a helmet.

Wearing a helmet might not be a factor in some motorcycle accident cases. For instance, if a driver runs a red light and crashes into your vehicle causing broken legs and you have not suffered any head injuries, your decision of not wearing a helmet might be irrelevant to the claim. But, if the accident knocked you off the bike and the head struck the pavement resulting in brain injuries, the defense counsel will argue that the head injury could have been prevented if the rider was wearing a helmet. Comparative faults have to be supported by the witnesses and their testimonies. This can also be refuted by the attorney representing you in the court.

If the helmet defense is successful in the claim of a comparative fault our damages are likely to be substantially reduced. For instance, in the example given above, if the red light runner is found to be negligent and liable for 80% of the damages and you are considered to be 20% at fault, for a $1, 00,000 claim, you will receive just $80,000 in damages. These are the situations where experienced motorcycle accident lawyers are so important. They are aware of the tactics used by defense lawyers and insurers and how to challenge them. If you live in Tampa, FL area you can get in touch with Rojas Law Group if you have any queries about a motorcycle accident claim.

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After you’ve been injured in a car accident you may find yourself wondering whether you should hire an attorney. Although you’re under no obligation to do so, it is in your best interest to schedule a consultation with a lawyer so you can learn about your legal rights. This is especially true when the accident wasn’t your fault. Then you may need to file a lawsuit to recover compensation for the damages you’ve sustained.

There are some relatively heavy financial burdens that are oftentimes associated with car accidents. Therefore, it’s crucial for you to maximize your compensation value. Remember, the insurance company isn’t on your side. They want to minimize the amount they must pay on your claim. This is why you’ll want to work with an experienced car accident attorney to ensure that your settlement will adequately cover all the damages you’ve sustained.

Determining Your Percentage of Fault and Compensation

In Tampa, FL the doctrine of comparative negligence is used to determine how much money you’re entitled to receive for your damages. Under the comparative negligence laws, you’ll have your damages reduced based upon how much you’re at fault. For instance, when it’s been determined that you’re 30% at fault for the car accident then you’ll only be able to recover 70% of the total amount of damages that you’ve suffered.

Working with an experienced car accident attorney will help you to avoid a situation whereby your compensation is unfairly reduced. It’s in the insurance company’s best interest to prove that your actions played a significant role in the accident and so they’ll do their best to prove this. Therefore, it’s important for you to hire a lawyer who’s able to build a strong case for you. In doing so they’ll be able to minimize the amount of fault that’s attributed to your actions.

Call on a Lawyer for Help Maximizing Your Compensation

Determining the total extent of your damages is something that’s best left up to an experienced attorney. Of course, you may find that some of your financial losses are easy to document (e.g. vehicle repairs, medical bills). Unfortunately, this is only part of your losses. You could also be able to recover damages for:

· Any medical bills in the future that are related to your car accident
· Lost wages including diminished earning potential if you’re unable to perform your job’s duties in the future
· Pain and suffering

By working with an experienced attorney, you can rest assured that all these factors will be taken into consideration when determining the extent of your damages. This ensures that the value of your compensation is maximized.

Call on a Lawyer to Handle Your Negotiations with the Insurance Company

Insurance companies oftentimes make initial settlement offers that are lower than your case’s actual worth. They’ll also have you sign a waiver stating that you won’t pursue additional compensation in the future. This is meant to help minimize the amount of money being paid out. When you have an attorney, they’ll negotiate on your behalf for a fair settlement from the insurance company. Sometimes this means fighting for compensation in court because an insurance company won’t give you a settlement that’s in your best interests. Contact the Rojas Law Group in Tampa, FL to schedule a consultation and ensure you get what you deserve.

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A traumatic brain injury is caused by an impact or movement so severe that it affects the function of the brain. This can often mean that a patient has a reduced quality of life, may not be able to work, and may even need long term care. Around 280,000 people a year are the victim of a traumatic brain injury because of a car accident. This means that auto crashes are the second leading cause of such injuries, and cause about 20% of all traumatic brain injuries in the United States. If you or a loved one are in an accident that results in a brain injury, there are some important facts you should know about what to do next.

When to Hire a Lawyer

One of the biggest problems that come with dealing with a traumatic brain injury is paying for its treatment. Insurance may cover some treatments but getting the best care possible may come with a significant financial cost. Over the years, one brain injury can cost millions of dollars, the average cost over a lifetime is around three million dollars.

Hiring a lawyer who has experience with brain injury cases is crucial in reducing your financial strain. Assuming the accident was caused by another driver’s negligence, you may be eligible for compensation to cover medical bills, therapy, lost wages, and reduced ability to work, pain and suffering, and ongoing care if you require it.

To know if you may be eligible for compensation, reach out for a consultation as soon as possible. Consultations are free and there is no obligation to pursue the case. Acting quickly is crucial to make sure you have a full understanding of your legal options.

Signs and Symptoms of a Brain Injury

One major misconception about traumatic brain injuries is that they are caused strictly by an impact. In reality, there doesn’t have to be an impact in an accident, simply a violent or uncontrolled movement. Unfortunately, the signs of a brain injury may not be apparent right away which is why it is crucial that you seek medical attention after a wreck, even if it seems minor. Common signs of a traumatic brain injury include a clear fluid coming out the nose or ears, irregular or asymmetric pupil dilation, confusion and/or memory loss, and losing consciousness. If you notice any of these symptoms after an accident, seek medical help immediately as it may be a sign of a much larger injury. Allowing brain injuries to go undetected or undiagnosed may complicate treatment or lead to a worsening of the condition.

What to do if You Have Been in an Accident

If you or someone you love has been the victim of a car accident that caused a traumatic brain injury in or around Tampa, contacting Rojas Law Group is your first step. With over 30 years of experience in personal injury and automobile law, Juan Maria Rojas is ready to help you get the compensation you deserve. Consultations are free and have no obligations, they are simply to help you understand the pros and cons of pursuing a legal case and financial compensation.

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Nobody sets out to be involved in accidents but there is neglect involved in all kinds of accidents. This neglect could be in the form of a motorist performing texting while driving and ramming into your car as a result of the distraction. The neglect may come from a grocery store as well that hasn’t cleaned up a spill and this has led to you getting a nasty fall. When this neglect is being established it is in your best interest to seek financial compensations. This can be achieved by using an injury attorney for a personal injury lawsuit that will provide for damages such as lost wages, medical expenses, and pain and suffering.

How do you decide the pain and suffering?

The personal injury attorney will be aware of how to calculate and prove your pain and sufferings by considering many factors that include,

  • How bad was the injury?
  • Is there an ongoing requirement for medical treatment or some other therapy?
  • What was your age at the time of the accident?
  • Did you have any prior medical condition?
  • How much were the overall economic losses?

An experienced personal injury attorney will make use of the multiplier method while deciding the amount for the damages. If the accident victim was out of work for a few months and this led to the loss of wages of $40,000, this number can be multiplied by a factor of three to consider the pain and suffering. The total award for the victim can be around $120,000. The logic behind this is that during the time a person was unavailable at work he was also suffering from emotional distress and pain.

Another way the injury attorney may use is by applying the per diem amount. It is calculated as a per-day dollar amount and will apply to people with broken legs and arms. If your limbs were in casting for 60 days this additional amount will also get calculated as $100 per day with the total amounting to $6,000. Keep in mind that this amount is just for pain and suffering. The other damages such as lost wages, medical expenses, and property damage will be an additional amount.

Limitations on the lawsuit

There are many limitations on the personal injury lawsuits in the state of Florida. The first is time. You will get just 4 years for filing the lawsuit in Florida according to the statute of limitations of Florida and this time begins from the day of the accident. A similar limit applies to the medical malpractice lawsuit. In case you are suing government bodies, you will get 3 years to decide the lawsuit. The wrongful death plaintiffs get only 2 years to decide filing lawsuits in Florida.

There is another major limitation and that is the amount you can sue the party for. Although in normal cases there is no maximum amount of damages that gets awarded for pain and suffering in Florida, if the personal injury lawsuit includes medical malpractice a maximum of $5, 00,000 will get compensated. Florida also has a no-fault rule that impacts the amount of cash you will get as a result of the accident. It applies to auto accidents where the insurance companies are involved and pays for damages regardless of who was responsible for the negligence. Once the insurers are involved in the case it becomes extremely difficult to get compensated for the pain and suffering unless there is an external injury involved.

Sometimes you are forced to go through a difficult recovery process and need support from friends, family, and doctors. In this case, you will also need the support of an experienced personal injury attorney. For the incidents occurring in the Tampa, FL area you may use the services of the Rojas Law Group for the claims.

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Most of the personal injury claims are settled out of the court. But the adage says that a good attorney is never afraid to go to a trial. It is because settling the case is not always in your best interest. However, the uncertainties involved are removed by the out of court settlements and they are a better course of action in most cases. It is a good idea to know the advantages and risks involved both in the case of settlements and trials. Generally, this is explained to you by your personal injury lawyer in Florida.

Advantages of an out of court settlement

There are many possible advantages of an out of court settlement of your personal injury lawsuit in Florida and avoiding a trial. For instance, both the concerned parties are aware of the settlement terms before they sign an agreement. With a settlement, these parties avoid the uncertainty of a trial. The out of court settlement is generally a preferred alternative because it leads to a faster resolution of the dispute. Out of court settlement allows the parties a chance to resolve the matter quickly and get on with their lives rather than going through the long term option of a trial. Generally, the out of court settlements is less stressful than court trials.

In case of a settlement, a cheque is issued for the plaintiff and the settlement is not valid until the cheque has cleared. A trial, on the other hand, results in judgment and there is no assurance that the perpetrator will have any cash at that time or may turn over the money without fighting further for the case. The fees of personal injury lawyers are reduced considerably when a trial is averted. The settlement terms are normally kept confidential while the results of the trial are normally made public.

It is a known fact as indicated by studies that most plaintiffs that decide to pass the settlement offer and decide to go to a trial end up receiving less money than that was offered during the out of court settlement. Although generally speaking the defendants are better off going to the trial, but if they lose the case they will end up paying $1.1 million more than in the case of an out of court settlement. It is a big gamble to opt for a trial for both parties. The Florida law also has an incentive for those plaintiffs that accept a reasonable out of court settlement.

Advantages of going to a trial

There are some advantages of opting for a trial as well and not settling for an out of court settlement. For instance, a jury including your peers may award you more damages that you may have got in the out of court settlement. In case of out of court settlement, the defendant does not usually admit to any wrongdoing on his part. The trial court will determine and publicly state in case the defendant has done anything wrong and how he or she did it. Keep in mind that trials are cathartic for the people who need to be heard.

Having considered all possibilities the decision to take a case to a trial or accept a settlement is not something you can take lightly. For the people living in the Tampa, FL region, professional advice is available with the Rojas Law Group. The qualified personal injury lawyers will explain to you the cost and benefit analysis of both alternatives. Generally speaking, at the beginning of a case you will need a personal injury lawyer that is not afraid to go to the trial if required.

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