Personal Injury Archives

Do I Need Rental Car Insurance? Or Is It an Unnecessary Upgrade?

If you’ve ever rented a car, you know it always has a moment when the associate asks if you’d like to add insurance protection to your rental. Car rental companies want you to add on insurance and tell you it’s for your own good, but is it?

Our goal is to make sure you are protected during life’s most difficult moments. So use this advice to choose the type of rental car insurance that will actually protect you and your assets if you are in an accident.

Do I Need Rental Car Insurance?

If you have comprehensive car insurance for your personal vehicle, you DO NOT need extra rental coverage. You are already protected by your car insurance policy. This doesn’t mean you are fully covered; it only means you are as protected as you would be if you were in an accident in your own vehicle. You are covered to the limits of your personal car insurance coverage.

If you don’t have car insurance for a personal vehicle, you DO need rental coverage. Rental car companies will not allow you to rent a car without their coverage if you have no existing car insurance.

Does My Car Insurance Cover Rental Cars?

Yes, in most cases, your personal car insurance protects you as a driver in the same way it protects you in your own vehicle. If you are driving a rental car and are in an accident, you have protection per the limits of your personal car insurance coverage. Just make sure you have the right amount of personal car insurance.

How Does My Personal Car Insurance Protect Rental Cars?

Your personal car insurance covers an accident in a rental car in the same way it protects you if you’re in an accident in your own vehicle, in most cases. If you want to know how protected you are in a rental vehicle, check your personal insurance limits for:

Personal Injury Protection (PIP) which covers your medical expenses and lost wages if you are in an accident.
Property Damage Liability (PD) which covers damage to someone else’s property.
Bodily Injury Liability (BI) which covers the injuries of others hurt in the accident.
Uninsured/Underinsured Motorist Coverage (UM/UIM) which covers your damages if you are hit by a driver who has no insurance.
Collision Coverage which covers the replacement of your vehicle if you’re at fault in an accident.
Comprehensive Coverage which covers non-collision damage such as theft, vandalism, and weather-related incidents.

An accident in a rental car will be covered up to your limits in your personal car insurance.

In Florida, you must have Personal Injury Protection (PIP) at a minimum of $10,000 per person and Property Damage Liability (PD) insurance at a minimum of $10,000. This coverage can help protect you from lawsuits after a car accident.

Other than PIP and PD, other insurance coverage is added separately and is not required for personal car insurance. If you don’t have other types of coverage in your personal plan, you also don’t have it to cover a rental car.

For example, if you don’t carry collision or comprehensive coverage in your personal car insurance, you won’t have it for the rental. If the rental car is damaged, you may be liable for the repair costs.

When Should I Get Insurance for a Rental Car?

There are times when adding insurance to your car rental can be beneficial. You may want to add on rental car insurance coverage if:

You don’t have personal car insurance. (In this case, it will be required by the car rental company.)
You have very low limits for PIP and PD and want extra protection.
You have high deductibles on your personal car insurance.
You don’t have collision or comprehensive coverage or you have very low coverage for collision or comprehensive.
The rental vehicle is valued much higher than the vehicle on your insurance coverage.
You are traveling outside of the United States or Canada.

What Should I Do If I’m in an Accident in a Rental Car?

If you are in an accident in a rental car:

Check for injuries and get medical help. Even if you don’t think you are injured, it is good to get a check-up. You may identify issues you weren’t aware of, and you create medical records to support your case.
Gather information at the scene when possible. Collect names and insurance information for all involved. Take photos and make notes about car types, license plate numbers, and damages.
Alert the rental car company. Contact the rental car company to let them know about the accident. Gather information from them about their suggested next steps.
Talk to a personal injury attorney. Take information from the scene and the rental car company, and bring it to a personal injury attorney. An experienced auto accident attorney can look at the facts of your case and make sure you are not getting taken advantage of and that you get the compensation that is due to you.

Protect Yourself in Every Situation

TJ Grimaldi is here to help you during life’s most difficult moments. Our team helps you know your rights, protect your best interests, and get what is owed in the unfortunate event that you are taken advantage of. If you have questions about a personal injury case, contact us today.

Get help. Get answers. Get a free consultation with TJ Grimaldi. Request your free consultation or call 813-226-1023 today.

September 26, 2025/by tjgrimaldi

Personal Injury

How Much Car Insurance Do I Need in Florida?

Choosing car insurance is confusing. With so many options, complicated terminology, and the lingering fear of being sued, it can be challenging to find the right plan. You don’t want to pay for what you don’t need, but you also want to make sure you are covered if you are involved in an accident.

It leaves many people wondering, “How much car insurance do I need?”

TJ Grimaldi is here to help you in life’s most challenging moments, and that includes signing up for a car insurance plan that will keep money in your pocket while protecting you and your assets. Use this guide to determine what car insurance you need in Florida.

The Types of Car Insurance Coverage

The first step in obtaining the right amount of car insurance is understanding what options are available to you. When you sign up for car insurance, you will have the option of getting the following types of coverage in Florida.

Two types of car insurance coverage are required in Florida.

Personal Injury Protection (PIP) covers your medical expenses and lost wages if you are in an accident (no matter who caused the accident). In Florida, drivers are required to hold up to $10,000 per person in PIP insurance.
Property Damage Liability (PD) covers damage to someone else’s property. In Florida, drivers are required to hold up to $10,000 in PD insurance.

Other types of car insurance coverage can be added to your plan. They are not required but offer additional protection.

Bodily Injury Liability (BI) covers the injuries of others hurt in the accident. It may also pay for legal fees if you are sued.
MedPay covers medical expenses for you and your passengers that are not covered by PIP. It is add-on coverage to PIP.
Uninsured/Underinsured Motorist Coverage (UM/UIM) covers your damages if you are hit by a driver who has no insurance.
Collision Coverage covers the replacement of your vehicle if you’re at fault in an accident.
Comprehensive Coverage covers non-collision damage such as theft, vandalism, and weather-related incidents.

Do You Have to Have Car Insurance?

Yes, you must have car insurance in Florida. It is illegal to drive a vehicle that does not have insurance. In Florida, you are only required to have two types of coverage: Personal Injury (PIP) at a minimum of $10,000 per person and Property Damage Liability (PD) insurance at a minimum of $10,000.

What Does “Full Coverage” Car Insurance Cover?

Full coverage car insurance is not an official policy. No policy will provide enough insurance to cover unlimited expenses.

“It’s one of the biggest misconceptions in the insurance industry,” says Tampa personal injury attorney, TJ Grimaldi. “There is no such thing as full car insurance coverage.”

When people say “full coverage,” they typically mean you have the legally required amount of car insurance, which in Florida is Personal Injury (PIP) at a minimum of $10,000 per person and Property Damage Liability (PD) insurance at a minimum of $10,000.

How Much Car Insurance Do I Need?

In Florida, you must have the legally required minimum of $10,000 per person Personal Injury (PIP) and minimum of $10,000 Property Damage Liability (PD) insurance.

Beyond that, TJ Grimaldi recommends adding on at least the minimum Bodily Injury Liability (BI) coverage, which is $10,000/per person, and the minimum Uninsured/Underinsured Motorist Coverage (UM/UIM), which is $10,000/per person. BI protects you and your assets if you are at fault for the accident, and UM/UIM gives you a pocket to go after if you are injured in an accident and the other person doesn’t have BI or enough BI.

TJ Grimaldi suggests not wasting money on MedPay because you already have PIP, which you don’t have to pay your insurance back for. But if your insurance decides to use MedPay and you get money for your injuries, you may have to pay the money back.

What Does Car Insurance Cover?

Car insurance coverage varies depending on your policies and limits. There are multiple types of coverage that pertain to specific categories of damages and injuries.

Personal Injury Protection (PIP) covers medical expenses and lost wages.
Property Damage Liability (PD) covers damage to someone else’s property.
Bodily Injury Liability (BI) covers the injuries of others hurt in the accident.
MedPay covers medical expenses for you and your passengers that are not covered by PIP.
Uninsured/Underinsured Motorist Coverage (UM/UIM) covers your damages if you are hit by a driver who has no insurance.
Collision Coverage covers the replacement of your vehicle if you’re at-fault in an accident.
Comprehensive Coverage covers non-collision damage such as theft, vandalism, and weather-related incidents.

While insurance companies are supposed to make payouts based on policy limits, they frequently do whatever they can to pay out the least amount of money. For this reason, it’s imperative to talk to a personal injury attorney after an auto accident. They can help you get the full amount you are owed from the insurance company.

Protect Your Assets. Protect Yourself.

Having the correct amount of car insurance is one way to protect your assets and yourself.

But even with the right insurance, you can still find yourself in a challenging situation after a car accident. If you find that your insurance is not paying you what you think you are owed, talk to TJ Grimaldi.

TJ Grimaldi fights for his clients to get what they are owed by insurance companies. Don’t miss out on money that belongs to you. Get a free consultation with TJ Grimaldi to see how he can help you fully recover after an auto accident. Request your free consultation or call 813-226-1023 today.

August 29, 2025/by tjgrimaldi

Personal Injury

How to Protect Yourself on Boats in Tampa Bay Waters

The Tampa Bay area is a beloved region partly due to its many waterways, bays, and Gulf shores. Tampa is surrounded by a lot of water — and a lot of boats.

With so many vessels on the waterways, how can you protect yourself and ensure a safe day on the water?

How Many Boats Are Around Tampa Bay?

The Florida Fish and Wildlife Conservation Commission says there are more than a million boats registered in Florida. Thousands of those boats are in and around Tampa Bay.

In 2022, the FWC estimated Pinellas county had 53,867 registered boats and Hillsborough had 41,495.

Our waterways are filled with vessels, which can be the source of both a relaxing day on the water and, in some cases, danger.

The FWC’s 2024 Boating Accident Statistical Report said there were 685 reportable boating accidents in Florida in 2024. There were 81 fatalities in 2024, which was a significant jump from only 22 fatalities in 2023.

The report also found a majority of the fatal boating accidents involved operators with no formal boating training. Sixty-five percent (65%)of operators involved in fatal accidents had no formal boater education.

Boating presents danger. As an operator, you must know how to drive a vessel as well as protect yourself from other drivers. Being a passenger also puts you at risk, as was recently seen in the tragic Clearwater Ferry accident. On April 27, 2025, more than 40 passengers were aboard the Clearwater Ferry near the Memorial Causeway Bridge when a 37-foot recreational boat ran into the back of the ferry. One man, Jose Castro, was killed, and ten others were injured.

So, how can you protect yourself on the water?

How to Protect Yourself Boating Around Tampa Bay

Whether you are a boat operator or passenger, you can protect yourself by following boating safety rules and precautions.

Know the waters. Understanding water depth is key to safe boating. Tampa Bay is full of shallow flats, sandbars, and changing tide zones that can surprise even experienced boaters. Use marine navigation apps and systems to measure depth and avoid shallow water.
Be aware of boating traffic patterns. Tampa Bay is a busy waterway with everything from recreational boats to massive cargo ships. Stay alert to established boating lanes, especially near the Sunshine Skyway Bridge and shipping channels. Always yield to larger vessels, follow posted markers, and avoid anchoring in high-traffic zones.
Stock the boat with safety gear. Make sure your boat is stocked with essential safety gear, including U.S. Coast Guard-approved life jackets, a fire extinguisher, flares, and a first aid kit. Don’t forget a whistle or air horn for signaling, and check that your navigation lights are working.
Don’t drink and drive. Driving a boat is no different from driving a motor vehicle when it comes to drinking laws. It is illegal to operate a boat while under the influence. Not only can driving a boat under the influence be dangerous, but it can also lead to a DUI charge.
Don’t ride with someone who drinks and drives. When you are a passenger, you are only as safe as the driver of the boat. Do not ride with boat operators who have consumed alcohol or drugs.
Take a boating safety course. While boating safety courses are not always required for boat operators, training sessions can elevate your boating skills and give you (and your passengers) a safer experience on the water.

What To Do If in a Boating Accident in Tampa Bay

Even if you follow safety precautions, you can still find yourself in a dangerous situation on a boat. Have a plan for what to do if you are involved in a boating accident.

Do not leave the scene.
Ensure everyone is accounted for. Put on lifejackets (if you aren’t wearing them), and help anyone who may have fallen overboard.
Turn off the boat engine and drop the anchor.
Check for injuries and render first-aid.
Call for help.
Once everyone is safe and the scene is secure, document the incident by taking photos of the damage, surrounding areas, and injuries.
Exchange information with all parties involved.
Once on dry land, contact an attorney.
Report the incident to the FWC. You are required to report the incident if someone is injured or killed and/or there is property damage of $2,000 or more.

If in a boating accident, the first step is securing the scene and making sure everyone is okay. Call for help, aid injured parties, and ensure the boat is safe and secure. Then, start to think about the next steps of collecting evidence and acquiring legal aid.

Talk to a Tampa-Based Boating Accident Attorney

If you are involved in a boating accident, it’s important to talk to an attorney right away.

An attorney can protect your interests. If you are accused of causing the incident, an attorney can fight to tell your side of the story. If the accident was caused by the negligence of another party, an attorney can fight to get you the compensation you deserve to fix damages and cover costs from the accident.

TJ Grimaldi is a personal injury attorney who is a lifelong resident of the Tampa area. He is familiar with cases involving boating accidents and here to help you in the aftermath of a boating incident. Don’t navigate the legal system on your own. Talk to TJ today. Call anytime 813-226-1023 or contact us to schedule your free consultation.

June 4, 2025/by Raubi Perilli

Personal Injury

Personal Injury Law Has Changed. Here’s What You Need to Know

Laws and regulations are always changing. The constant shifts can make it challenging and confusing for individuals to understand their rights. One of the most notable changes in recent years has led to many questions and misconceptions about personal injury law, particularly as it relates to auto accidents.

What Changed In Personal Injury Law?

In March 2023, Florida legislators passed House Bill 837 (HB-837), also known as the Florida Tort Reform Act of 2023. The bill changed how individuals and their attorneys can litigate personal injury lawsuits.

While the law was passed almost two years ago, there are still many people who don’t understand the effects of the bill or how it has changed their ability to sue for personal injury.

To set the record straight, let’s review what changed and what it means for someone who has a potential personal injury lawsuit.

1. You have less time to file a personal injury lawsuit case.

Bill HB-837 changed the statute of limitations on personal injury lawsuits. Prior to its passing, injured parties had up to four years from the date of the incident to file a lawsuit.

Under the new law, plaintiffs only have two years to file. (If you have a case prior to March 24, 2023, it still falls under the four-year statute.) One exception to the limitation is medical malpractice. Individuals still have up to four years to file a personal injury case against medical providers who delivered inadequate care.

2. You must now prove you are not 50% or more at fault in a personal injury case.

Prior to the passing of HB-837, Florida was considered a “pure” comparative fault state. This designation meant an injured party could recover damages even if they were partly at-fault for the incident that led to their injury. For example, if a driver was 51% at-fault for a car accident, they could receive compensation for 49% of the damages.

After the passing of the new law, Florida is now considered a “modified” comparative fault state. For an injured party to receive damages in a case, they cannot be 50% or more at-fault for the incident. If a driver was 51% at-fault for a car accident, they can no longer receive compensation.

3. Insurance companies have more time to respond to settlement offers.

Prior to HB-837, insurance companies were required to respond to a settlement offer within thirty days. If the insurance company failed to respond within the thirty days, they could be required to pay the full amount of damages requested.

Under new laws, insurance companies now have ninety days to review settlement offers and respond.

4. Insurance companies can point the finger at victims.

HB-837 also gave insurance companies even more avenues for rejecting settlements and less accountability for covering claims by making it more difficult to sue an insurance company for “bad faith” claims.

Prior to HB-837, plaintiffs could sue insurers for failing to fairly settle insurance claims as outlined by the policy’s parameters and limits. Now, insurance companies have more avenues to defend rejecting claims. They can point to mistakes, misspeaking, and unintentional omissions made by victims and their attorneys as a reason to reduce the settlement amount paid to victims.

5. You have to be more specific about medical damage calculations.

The new law requires more specific accounting and reporting on the medical costs calculated in the damages. It also limits the amount of past, present, and future damages for medical treatment.

Under HB 837, damages can only include the amount paid for medical expenses rather than the amount billed. Any payments made by private health insurance, Medicare, Medicaid, or other payments cannot be included in the total damages paid out in a lawsuit.

6. You can still fight for what is owed to you in personal injury cases.

Even with all of these changes, one thing remains true.

If you were injured in an accident caused by a negligent party, you have rights and deserve to be compensated for damages.

The new laws make it more important to talk to a personal injury attorney immediately after an accident. You have less time to file and make your case. You also need to provide more proof and avoid mistakes in the legal process to ensure you get a full settlement.

The biggest change in personal injury law is that you need professional legal guidance now more than ever.

Talk to an attorney who knows how to fight insurance companies submitting bad faith claims. Schedule a free consultation with experienced personal injury attorney TJ Grimaldi today. Schedule your consultation or call 813-226-1023 now.

February 4, 2025/by tjgrimaldi

Personal Injury

How to Choose a Personal Injury Attorney

If you have been injured in an accident, you have a lot on your mind. You are working to heal while dealing with the difficulties an injury can bring to your personal and work life. The last thing you want to do is get stuck in the tedious process of finding an attorney to work with you on your personal injury case.

While it might feel like a burden, finding the right attorney can be essential to getting what is due to you after an accident that was not your fault. An experienced personal injury attorney can help you get the full justice, compensation, and results you deserve.

Make sure you find the best lawyer for your unique situation. Learn how to choose a personal injury attorney for your case.

How to Choose a Personal Injury Attorney

Knowing how to choose a personal injury attorney comes from asking the right questions. Discuss the following topics with potential lawyers to find the one best suited to take on your case.

Experience

Look for an attorney who has experience that matches the unique details of your case. Talk to a potential attorney about their past cases and the type of personal injury they specialize in. They may focus in one of the following types of personal injury cases:

Auto accident
Boating accident
Bicycle accident
Medical negligence
Slip and fall
Premises liability
Workplace accident
Animal attack
Assault and battery
Wrongful death

Discuss the details of your injury and if they have handled cases that are similar to yours. Have they worked with a client who has an injury similar to yours? Also, discuss the location of your accident. Find out if they have successfully fought personal injury cases that occurred at the workplace, in a public place, at a commercial business, in a medical facility, or at an individual’s home.

The more their experience aligns with your case, the better they will be able to develop arguments to fight on your behalf.

Fees

Talk to potential attorneys about their fee structure. You don’t want to end up with an attorney you can’t afford or one that takes a majority of your award. Discuss the different fee structures and what you will be expected to pay.

Hourly Basis: The attorney tracks their time and charges a rate per hour.
Flat Fee Basis: The attorney charges a set rate for a specific case.
Contingency Basis: The attorney is paid based on the outcome of the case.

In some cases, attorneys also charge for the time their team puts in on a case or for court fees. Be sure to ask what other charges could arise during your case to get a full idea of the cost.

Working Style

Many large law firms have a few attorneys who are the face of the practice. Potential clients meet with them during consultations, hire them, and then never see them again. At many firms, clients are often passed over to a team of associate attorneys or paralegals once work on their case begins.

If you want to work directly with the attorney you meet with, discuss their working styles before hiring them. Will they pass you over to an associate? Will they communicate directly with you? Will they be working on your pleadings and arguments? Will they be in court with you?

Expected Award

During the consultation, ask the attorney if they have an expectation for your case. Try to get an idea of what type of personal injury compensation you may receive. Discuss the following types of compensation with the attorney and what they think you can fight for.

Special Compensation Damages

Immediate medical bills (hospital expenses, surgeries, prescriptions, etc.)
Future medical bills (physical therapy, massage therapy, prescriptions, chiropractor sessions, pain management treatment, mental health treatment, etc.)
Cost of home-care and domestic services
Lost income
Loss of future earnings
Property damage
Costs of altered plans (canceling a vacation, wedding, etc

General Compensation Damages

Debilitating long-term physical impairments
Physical disfigurement or deformities
Emotional trauma (stress and anxiety)
Loss of consortium or companionship
Damage to lifestyle because of the injury

Wrongful Death Damages

Pre-death medical bills
Cost of funeral and burial
Loss of consortium or companionship
Emotional distress of surviving family
Loss of financial contribution

Punitive Damages: Extra compensation awarded when there is proof that the injury was a result of malicious or intentional conduct.

How to Pick a Personal Injury Attorney: Get a Free Consultation

Knowing how to choose a personal injury attorney and what questions to ask is the first step in the process. The next step is finding a personal injury lawyer and scheduling a free consultation.

During a free consultation, go through each of these categories and ask questions to help you determine if the attorney is the right fit for you and your case.

Get started with your free consultation with a personal injury attorney today. Request a call with TJ Grimaldi. Schedule your consultation or call 813-226-1023 now.

November 11, 2024/by tjgrimaldi

Personal Injury

How to Find a Personal Injury Lawyer

If you don’t regularly deal with attorneys, the process of hiring a lawyer can be intimidating. The stress of finding an attorney can be even higher if it is related to a personal injury case.

If you have been injured or experienced a loss, the last thing you may want to do is start the process of finding an attorney. But finding an attorney doesn’t have to be stressful, and it can be extremely beneficial to you and your loved ones.

The right personal injury attorney can guide you through a difficult situation and lead you to a positive outcome that gives you the justice, compensation, and results you deserve. Don’t wait any longer. Use this guide on how to find a personal injury lawyer to start the process today.

What Is a Personal Injury Attorney?

A personal injury attorney specializes in civil lawsuits that help people receive compensation after they have been injured due to the negligence or wrongdoing of another person or company.

Personal injury cases may relate to:

Auto accidents
Medical negligence
Bicycle accident
Slip and fall
Premises liability
Workplace accidents
Product liability / defects
Animal attack
Assault and battery
Wrongful death

What Does a Personal Injury Lawyer Do?

A personal injury lawyer’s primary task is to advocate for their clients to ensure that they receive fair compensation for injuries caused by the negligence or wrongdoing of another party. A personal injury attorney works to:

Determine if you have a case. The first thing an attorney will do is review your case and determine if you should sue for personal injury. An experienced attorney won’t let you waste your time on a case that won’t be successful. They will let you know if you can seek damages and what your compensation might be.

Develop and win your case. Your attorney will gather evidence and testimony to prove your case in court. To prove fault in a personal injury lawsuit, you must have evidence that shows:

The accident was caused by negligence.
The accident led to injury.
The injury led to damages.

Guide you through a deposition. During a personal injury lawsuit, you may be required to sit for a deposition to tell your side of the story. Your attorney will help you prepare for personal injury deposition so you feel comfortable and prepared to effectively share the details of what happened to you.

Help you collect full compensation. An experienced personal injury lawyer knows the tactics corporations and insurance companies use to minimize the amount of compensation they must pay out. Your attorney will fight on your behalf to ensure you get the complete and full amount of compensation owed to you.

When To Hire a Personal Injury Attorney

Knowing how to find a personal injury attorney is as important as knowing when to hire one. It’s a good time to talk to a personal injury lawyer:

Immediately after an accident. The ideal time to hire a personal injury attorney is immediately after the accident or incident. First, get the medical care you need. Then, find an attorney to take on your case.

If you are unhappy with your settlement. If you worked with an insurance company to obtain a settlement after an accident and you are unhappy with the details, contact an attorney to see if you have a case to fight for more.

If you are unhappy with your current attorney. In most cases, you can change attorneys if you are not happy with the way they are approaching your case. If you are not satisfied with your current attorney, you can look for alternative options.

How Much Does a Personal Injury Attorney Cost?

In most cases, personal injury attorneys do not charge a set fee or hourly rate. Instead, they typically charge a contingency fee. Under a contingency fee, personal injury lawyers are not paid upfront. They are only paid if and when the client collects.

When interviewing potential attorneys, ask about how and when they are compensated and if you will need to make any upfront payments.

How to Find a Personal Injury Lawyer

If you or a loved one have been injured due to the negligence or wrongdoing of another party, you deserve to be made whole. The first step in seeking justice is scheduling a free consultation with a personal injury lawyer.

A free consultation with a lawyer is the time to share the details of your case, get to know potential attorneys, and decide who is right for you. Use this time to find out how attorneys will approach your case and who will be working with you throughout the process.

Find out if the attorney you meet with will be managing your case. In many law firms, a principal attorney or partner lawyer may initially meet with you — but you may never see them again. Find out who will be working on pleadings and arguments, who will be communicating with you, and who will be in court with you.

Request Your Free Consultation

You are not responsible for the financial and personal burdens caused by an accident that was not your fault. If you or a loved one has had their life changed due to an injury, it’s time to get justice. Now you know how to find a personal injury lawyer. Get started today.

TJ Grimaldi is an experienced personal injury attorney who has helped countless clients and has recovered millions of dollars. Each of our clients works directly with TJ Grimaldi on their cases. See how TJ can help you get what is owed to you, and only pay when you win. Schedule a free consultation today. Request your consultation or call 813-226-1023 now.

March 19, 2024/by tjgrimaldi

Personal Injury

What To Do After a Slip and Fall Accident: 4 Steps To Take Right Away

If you’ve been involved in a slip and fall accident, the first thing to do is seek medical attention. The next thing to do is take steps to make sure you will be made whole physically, financially, and emotionally as you recover. Here is what to do after a slip and fall accident.

What Is a Slip and Fall Accident?

A slip and fall accident is an incident when an individual falls as a result of unsafe conditions on public or private property. A slip and fall can result in a slip and fall lawsuit if the individual who fell is injured and the fall was caused by the negligence of a person or company.

Negligence of the property may include wet or slippery floors, inadequate lighting, uneven flooring, poorly maintained pathways, icy walkwalks, or obstacles and debris in walking paths. A slip and fall accident could occur in a public place, on private property, or at a workplace.

Who Is Liable in a Slip and Fall Accident?

A liable party in a slip and fall accident is a person or company who is legally responsible for the property and/or at-fault for causing the injury. A liable party must have acted negligently, failed to act, or engaged in some other type of wrongdoing that led to conditions that caused the injury.

A liable party in a slip and fall accident may be:

A person or company who owns the property where the accident occurred
A commercial tenant who operates on the property where the accident occurred
A person or company who manages the property where the accident occurred

Who is responsible will depend on the details of the accident. The liable party would have been able to prevent the unsafe condition that caused the accident and/or been aware of an unsafe condition but failed to resolve it.

What to Do After a Slip and Fall Accident

If you have been injured in a slip and fall accident on private or public property, act quickly. Here’s what to do after a slip and fall accident if you want to seek legal action against the negligent party.

1. Seek medical attention.

Before anything else, take care of yourself. Immediately seek medical assistance. Receiving professional medical care both ensures your injuries are addressed and creates an official report of your injuries.

2. Report the incident.

Report the incident at the location where the slip and fall occurred. If it was a workplace accident or the accident occurred in a public place, talk to management and request an official report of the incident. If there is security footage, request a copy.

3. Collect documentation.

After a slip and fall accident, be vigilant about collecting assets that can support your case. Collect any documentation that can substantiate your claims and show your injuries.

Take photos of the property. Capture any details that show the negligent care of the property and what caused you to fall.
Create a list of witnesses. Get the names and contact information of anyone who saw what happened.
Take photos of your injuries. In addition to the doctor’s report, also document the progression of injuries on your body.
Document your losses. If your injuries forced you to take financial losses (such as the cost of missing work, cost of missing a trip that was already paid for, medical needs outside of your documented healthcare bills, etc.), itemize each expense.

4. Call a slip and fall attorney.

Don’t rely on your own knowledge of the law to determine whether or not you have met the requirements for a slip and fall lawsuit. Instead, talk to an experienced attorney who understands what legal standards must be met to win your case. Many personal injury attorneys will not require payment until they win your case, so you have nothing to lose by discussing your case.

Have You Had a Slip and Fall Accident? Take Action Today.

It’s best to take action right away, but if you have been in a slip and fall accident, you can take legal action up to four years after an injury. If you have an injury that was caused by a fall at a public or private location, talk to a slip and fall attorney today.

A personal injury attorney can help you seek financial compensation to cover the medical bills, lost wages, and pain and suffering caused by your injury. Consultations are free with TJ Grimaldi, so request your consultation or call 813-226-1023 today.

January 3, 2024/by tjgrimaldi

Legal Advice, Personal Injury

How Do You Sue for Wrongful Death?

If someone you loved was killed due to the negligence or misconduct of another person, you may feel like you have the weight of the world on your shoulders. In addition to losing someone you love, you may also have the strain of financial burdens and hardships as a result of the loss.

While a lawsuit can’t bring back your loved one, it can bring relief to you and your family. When you sue for wrongful death, you can receive financial support to help with the expenses and losses that are a result of the death.

If you are thinking about seeking relief, here is what you need to know about suing for wrongful death.

What Is a Wrongful Death Case?

A wrongful death case is a lawsuit filed in civil court that aims to provide relief for surviving members of a person who was killed as the result of negligence of another party. Survivors file the case to seek financial compensation for losses and damages experienced as a result of the death.

To sue for wrongful death, you must prove two things:

The death was a result of the negligence or maliciousness of an at-fault party.
The death led to financial and/or emotional damages for surviving members of the deceased.

Examples of Wrongful Death Cases

The most common types of wrongful death cases are related to:

Vehicle accidents that occur on the road (such as auto, motorcycle, or trucking accidents), on the water (such as in boating accidents), or in the air (such as plane or helicopter accidents).
Medical malpractice cases wherein a patient died due to the negligence of their healthcare provider or providers.
Product liability or product defect cases wherein a person died because a product failed to work properly or did not include proper warning labels.
Premises accidents wherein a person is killed in a situation that could have been prevented but was caused by the negligence of a property owner or manager.
Workplace accidents wherein a person is killed at work as a result of unsafe conditions.

In addition to deaths caused by accidents and negligence, wrongful death cases may also include intentional killing.

When someone is killed by a person who showed malicious intent, you can sue for wrongful death in civil court. The case often goes in tandem with a criminal case wherein the person responsible for the death is charged with murder or manslaughter. Criminal cases often result in jail time, whereas civil cases result in damages that must be paid to the family of the deceased.

If you lost a loved one in any of these situations, you may be able to sue for wrongful death and receive damages.

What Do Wrong Death Damages Cover?

Damages refer to losses that are a result of the death. When you sue for wrongful death, you will fight to receive compensation for damages related to:

Cost of funeral and burial
Pre-death medical bills
Loss of financial contribution and future wages
Loss of consortium or companionship
Emotional distress of surviving family

How Do You Sue for Wrongful Death?

#1) Determine who can sue for wrongful death.

In Florida, state statutes dictate who can sue for wrongful death. Only certain parties are able to file a wrongful death claim. The party must be a designated beneficiary of the deceased.

Chapter 768.18 defines these parties as: “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”

If one or more of these parties are connected to the deceased, you may be able to work together to seek justice and damages for your lost loved one.

#2) File your case right away.

You have up to two years to file a wrongful death case, but the sooner you get started, the better. Time is of the essence when it comes to collecting evidence and getting testimony from witnesses.

If you’re considering suing for wrongful death, seek experienced legal representation right away.

Talk to a Wrongful Death Attorney Today

If someone you love was killed due to the negligence of another party, you don’t have to take on the fight for justice on your own. A wrongful death attorney can take some of the burden away from you and fight to ensure that you get justice for your loved one and the financial security you need to care for surviving family members.

If you want to take the next steps to sue for wrongful death, contact TJ Grimaldi today. TJ is an experienced wrongful death and personal injury attorney who knows what it takes to take on insurance companies and the parties trying to limit the relief provided to surviving family members.

Schedule your free consultation to speak directly with TJ about your situation and see how he can get to work on your case right away. Schedule your consultation or call 813-226-1023 now.

March 31, 2021/by tjgrimaldi

Legal Advice, Personal Injury

What To Do if You’ve Been in a Trucking Accident

Dealing with the aftermath of an auto accident can be stressful and confusing. It can be even more difficult if you’ve been in a trucking accident that involved a commercial tractor trailer.

When injured in a car accident, you will primarily deal with the driver and their insurance company. But in a trucking accident, you may need to deal with additional parties and multiple jurisdictions, resulting in a more complex process.

Trucking Accidents Aren’t Exactly Like Other Auto Accidents

Accidents that involve commercial trucks require a different legal approach than auto accidents that involve personal vehicles for a few reasons.

The trucking industry is governed by federal laws and regulations, and agencies such as the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) regulate the industry along with departments of transportation in each state.

In addition to multiple layers of regulation and oversight, trucking accidents differ from personal auto accidents in that there are often multiple parties involved. Parties that may have responsibility for the accident or be otherwise involved in the legal process may include:

The truck driver
The owner of the truck or trailer
The company that leased the truck or trailer
The manufacturer of any of the parts on the truck or trailer
The loader of the truck or trailer

While a trucking accident is a type of personal injury case similar to personal auto accidents, it may require a different and multi-layered legal approach to reach a full and fair settlement.

4 Steps to Take if You’re in a Trucking Accident

If you have been in a trucking accident, take these steps right away.

#1) If you have serious injuries, seek medical help immediately.

The first step after being in an accident is always to seek medical care. If you or anyone else in the accident sustained serious injuries, get medical help right away.

#2) Collect evidence from the scene.

If you haven’t sustained major injuries from the accident, assess the scene and begin to collect evidence. As part of the process:

Take photos of your vehicle and the truck.
Write down the name of the trucking company or any organizations listed on the truck. Also, write down any license or truck numbers displayed on the truck.
Get the name and contact information of the driver.
Get the names and contact information from any witnesses.
Get the names and contact information from on-scene police officers.
Ask officers when and where you can get a copy of the accident report.
Write down your account of the accident while your memory is fresh.

#3) Even if you feel fine, seek medical help.

Even if you feel okay after the accident, seek medical care. Injuries from accidents don’t always show up right away. Plus, rushes of adrenaline released in your body during the accident can mask injuries.

Seeking medical care will help you get a complete assessment of both your surface and potentially underlying injuries. It will also create a record of your care, which will be essential if you decide to sue for personal injury after the trucking accident. To seek compensation for your injuries, you will need to prove that your physical issues were caused by the accident. The best way to prove it is by having medical records from after the accident.

#4) Don’t contact your insurance company. Contact an attorney.

While your first instinct might be to contact your auto insurance company, you should make another call first. Contact a personal injury attorney.

The goal of insurance companies is to pay out as little as possible for accidents. Your auto insurance company isn’t going to fight for you; they are going to fight to minimize their payout.

An attorney, on the other hand, works for you. They will have your best interest in mind and take all the necessary steps to ensure you get the compensation you deserve to cover the expenses and damages caused by the accident.

What To Do If a Loved One Was in a Trucking Accident

If it wasn’t you, but a loved one who was injured in a trucking accident, you have options for pursuing a legal case.

If the person injured in the accident is unable to fight for themselves because they have serious injuries, you can take on their case for them. If they have passed away, you can also take on a wrongful death case to seek justice. You have options, and an experienced attorney can walk you through them.

Discuss Your Options During a Free Consultation

If you or a loved one has been injured in a trucking accident, don’t try to wade through the complicated legal process on your own. Talk to an experienced personal injury attorney who can ensure that you take the right approach to get a fair and full settlement.

Schedule a consultation with TJ Grimaldi to discuss your case and your options today. All consultations are free so schedule today. Schedule or call 813-226-1023.

March 24, 2021/by tjgrimaldi

Legal Advice, Personal Injury

How to Prove Fault in Personal Injury Case

If you were injured in an accident, the first thing you need to do is seek medical care. Next, you need to find out if you deserve compensation to pay for the damages caused by the accident. You need to determine if another party was at-fault and, if so, whether or not you can prove it.

To prove fault in a personal injury case, you must meet specific legal standards.

You must show the court that a party caused the accident, that you deserve financial compensation to cover the damages you sustained — and that you have adequate evidence to prove it.

How To Prove Fault in a Personal Injury Case

Personal injury cases refer to any situation wherein you were injured, and it was not your fault. The most common types of personal injury cases relate to:

If you or a loved one were involved in any of these situations and injured by no fault of your own, you may have a personal injury case. Consider if you could provide the evidence needed to prove it.

#1) Prove the accident was caused by another party.

Being in an accident isn’t enough to file a personal injury case. You must prove that you were not responsible for the situation that led to the accident. You must clearly show that the accident was caused by another party.

There are three ways another party can be responsible for an accident.

Intentional: The party intentionally intended to injure you and caused the accident.
Neglect: The party’s neglect or carelessness caused the accident.
Strict Liability: The party caused the accident, although it was not intentional or caused by neglect.

To prove to the court that another party caused the accident, you need evidence that shows what happened. You need to tell the story and prove your point through evidence such as:

Detailed accounts of the accident
Testimony from witnesses
Police reports
Incident reports (if the event occurred on a commercial property)
Video or photos from the accident

#2) Prove the accident led to damages.

Once you prove that another party was at-fault for the accident, you must also show that the accident resulted in damages. Damages refer to the losses — physical, financial, and emotional — that occurred as a result of the accident.

To receive personal injury compensation, you must show how the accident caused damages. Damages sustained during a personal injury incident may include:

Special compensation damages such as medical bills, future medical bills, cost of home-care, property damage, loss of income, loss of future earnings, and cost of altered plans.
General compensatory damages that refer to “pain and suffering” compensation for emotional trauma, long-term physical impairments, physical disfigurement or deformities, loss of companionship, and damage to lifestyle.
Punitive damages that include additional compensation if the accident was the result of malicious or intentional conduct.
Wrongful death damages which cover costs for funeral and burial, emotional distress of surviving family, loss of financial contribution, and loss of companionship.

To prove fault in a personal injury case, you must be able to provide evidence that details the extent of the damages. Evidence that can support your case includes:

Medical records
Medical bills
Personal injury deposition
Photos of your injuries (the initial injury as well as photos of the injury as it progresses)
Photos of damaged property
Bills for funeral services, home care costs, therapy, etc.
Documents that show missed opportunities (missed work hours, canceled vacations, etc.)

Bring Your Personal Injury Case to Court

To prove fault in a personal injury case, you must show that another party caused an accident and that the accident resulted in injuries and damages.

If you believe you have the proof to bring your case to court or if you aren’t sure if you have the evidence needed, talk to a personal injury attorney today.

An experienced attorney can listen to the details of your situation and advise you on if you have what it takes to make your case. A lawyer can also help you gather the evidence necessary to win your case.

Don’t go at it alone if you feel you have been injured in an accident that wasn’t your fault. Get help today. Start with a free consultation with TJ Grimaldi.

TJ is an experienced personal injury attorney who knows what it takes to win a case and get the full compensation you deserve. Don’t question your case. Get answers today.

Schedule your consultation or call 813-226-1023 to talk to TJ today.

March 17, 2021/by tjgrimaldi