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If You Are in a Crash and Not Wearing Your Seatbelt, Can That Be Used Against You in Your Injury Case?

Car accidents can be devastating, resulting in injuries, property damage, and emotional trauma for victims. Seatbelts are intended to keep drivers and passengers safe in the event of a collision, but not everyone uses them. If you have been injured in a car accident, you may be wondering if not wearing your seatbelt will affect your injury case. The short answer is that it might. Failure to wear a seatbelt is considered negligence or contributory negligence in many states, which means the injured party may have contributed to their injuries. This could be used against you in court, lowering the amount of compensation you receive for your injuries. Insurance companies and defense attorneys may argue that not wearing a seatbelt made your injuries worse or even caused some of them. Tucker Law, a leading accident attorney, has seen the impact of not wearing a seatbelt on injury cases and wishes to share our knowledge with the public. It is critical to understand the potential consequences of failing to wear a seatbelt in a car accident and how it may affect your personal injury case. So, if you or a loved one has been involved in a car accident, continue reading to learn more about the importance of wearing a seatbelt and how it may affect your legal case. In a Car Accident, the Importance of Wearing a Seatbelt Wearing a seatbelt is not only the law, but it is also critical for your safety in the event of a car accident. Seatbelts are intended to keep you safely in your seat while reducing the impact of a collision. Seatbelts saved an estimated 14,955 lives in 2017, according to the National Highway Traffic Safety Administration (NHTSA). [...]

By |2023-03-15T05:21:14-04:00March 12th, 2023|Car Accident, Personal Injury|Comments Off on If You Are in a Crash and Not Wearing Your Seatbelt, Can That Be Used Against You in Your Injury Case?
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DUI Wrecks Involving Dram Shop Liability in Florida: What You Need to Know

Driving under the influence (DUI) is a serious crime that can result in fatal or catastrophic accidents. Driving under the influence of drugs or alcohol is strictly prohibited in Florida, and those who do so face criminal charges, fines, and possible imprisonment. DUI accidents, on the other hand, can result in civil lawsuits against the establishment that served the intoxicated driver, a practice known as Dram Shop liability. In this blog post, we'll go over everything you need to know about DUI accidents involving Dram Shop liability in Florida. What exactly is Dram Shop Liability? Dram Shop liability is a legal theory that holds establishments such as bars, restaurants, and nightclubs liable for serving alcohol to someone who intoxicates themselves and causes injury or death. Under certain conditions, Florida law allows for a civil lawsuit against the establishment that served the alcohol. When Is a Business Liable for a DUI Accident? To be held liable for a DUI accident, the establishment must have either served alcohol to someone who was "habitually addicted" to it or knowingly served alcohol to someone under the legal drinking age of 21. Furthermore, the establishment must have known, or should have known, that the person to whom alcohol was served would drive while intoxicated and potentially cause an accident. How Can a DUI Victim Recover Compensation? If a DUI accident victim can prove that the establishment was at fault, they can seek compensation for medical expenses, lost wages, pain and suffering, and other related costs. However, it is important to note that the amount of damages that can be recovered in these cases is limited by Florida law. Why Do You Need a Lawyer for DUI Accidents Involving Dram Shop [...]

By |2023-03-15T05:19:49-04:00March 11th, 2023|Car Accident, Personal Injury|Comments Off on DUI Wrecks Involving Dram Shop Liability in Florida: What You Need to Know
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The Risks of Relying on Primary Care Doctors After a Car Accident

Understanding the possible risks of relying only on your primary care physician for medical care is crucial if you have been hurt in a vehicle accident. These are the types of mistakes in car accident cases that can be easily avoided.  Although many medical disorders can be treated by primary care physicians, they might lack the specialized knowledge and experience required to identify and treat severe injuries sustained in auto accidents. Following a car accident, you shouldn't seek care from your primary care physician alone for the following three reasons: Lack of specialized training: It's possible that primary care physicians lack the specialist knowledge required to identify and treat the complicated injuries brought on by auto accidents. For instance, they might not be knowledgeable about the most recent methods and therapies for neck and back injuries, which are frequently sustained in auto accidents. Inadequate documentation: Primary care physicians might not have the expertise or training required to accurately describe the nature and scope of your injury. In a personal injury lawsuit, this documentation is essential and can be used to back up your claim for compensation. Opportunities for healing that are offered through specialist medical treatments and therapies may go unnoticed if you rely entirely on a primary care physician. For instance, you might not be directed to a specialist who can perform a more thorough diagnosis of your injuries and who can create a particular recovery plan for you. After a car accident, Tucker Law's skilled accident lawyer is aware of how important it is to receive the right medical care. In order to enhance your claim for compensation and to make sure you receive the medical care you require to recover from your [...]

By |2023-03-15T04:58:35-04:00March 10th, 2023|Car Accident, Personal Injury|Comments Off on The Risks of Relying on Primary Care Doctors After a Car Accident
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The Importance of Regular Medical Check-Ups for Those with Permanent Injuries

It's critical to comprehend the value of routine medical checkups if you have a lasting injury as a consequence of an accident. These examinations can assist in making sure that your injury is adequately handled and that you are getting the best care available. With a permanent injury, you should visit your doctor every six months for the following reasons: Monitoring the evolution of your injury: Having routine medical exams will help you keep track of how it is healing and make sure it is not becoming worse. This can assist in determining whether any new or additional treatments are required to manage your injury. Maintaining your health: Even if you have a permanent injury, routine medical exams can assist to make sure that your general health is being maintained. This can entail keeping track of your medicine, getting regular testing, and taking care of any other health issues. Keeping track of your wounds: The amount and effects of your injuries can be documented with the use of routine medical exams. This documentation might be cited as support for your compensation claim in a personal injury case. Defending your legal rights:  Your rights in a personal injury case may be better protected if you receive routine medical exams. You can support your claim and raise your chances of being awarded full compensation for your losses by proving that you are making efforts to manage your injury and preserve your health. At Tucker Law, a skilled accident lawyer will consult with you extensively to determine the full degree of your injuries and to craft the strongest legal defense for your case. We will put up a valiant battle to get you the money you need to [...]

By |2023-03-15T05:38:09-04:00March 9th, 2023|Car Accident, Personal Injury|Comments Off on The Importance of Regular Medical Check-Ups for Those with Permanent Injuries
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Navigating Insurer Tricks in Depositions of Treating Doctors and Chiropractors

The defendant in a premises liability case can try to claim that the plaintiff contributed to the accident in some way. Comparative culpability is what this is, and it can lower the amount of compensation the plaintiff is legally entitled to. It's crucial to realize that the onus of showing comparative fault rests with the defendant. The defense must present proof that the plaintiff contributed to the accident in some way. This proof, which must prove that the plaintiff's actions or inactions contributed to the accident and the subsequent injuries, must be convincing and clear. The plaintiff will be entitled to full compensation for their injuries and losses, without any reduction for their own responsibility, if the defendant is unable to establish comparative culpability. To get 0% comparative culpability in a premises liability case, try the following tactics: Collect evidence: Collecting evidence can help prove the defendant's negligence and the plaintiff's innocence. Examples of evidence include photos, videos, and eyewitness testimony. To prove the defendant's liability for the accident and the plaintiff's lack of culpability, you should seek expert testimony, such as that of an expert in accident reconstruction or safety. Establish the defendant's negligence and the plaintiff's lack of fault by demonstrating the defendant's duty of care, for example by producing proof of the building rules or safety regulations that the defendant disregarded. Highlight the plaintiff's actions: Highlighting the plaintiff's actions can help to show that the plaintiff is not at fault. One way to do this is by providing proof of the precautions the plaintiff took to avoid the accident. With years of expertise with premises liability cases, an accident lawyer at Tucker Law will work directly with you to craft the strongest [...]

By |2023-03-15T04:50:25-04:00March 8th, 2023|Personal Injury|Comments Off on Navigating Insurer Tricks in Depositions of Treating Doctors and Chiropractors
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