If you or someone you love has been injured in a motorcycle accident, you probably have many questions. Dealing with doctors and insurance companies can be confusing, frustrating, and stressful. That’s why it’s helpful to have a motorcycle accident attorney on your side.

A motorcycle accident attorney can help you answer your questions and step in so you don’t have to answer them on your own. They can take over the situation so you can get back to recovering or helping your loved one get better.

The Top 5 FAQS for a Motorcycle Accident Attorney

Here are some of the most frequently asked questions that a motorcycle accident attorney can help with.

#1) Should I get a lawyer for a motorcycle accident?

If you or someone close to you has been injured in a motorcycle accident, you may be wondering if you need an attorney or not. The quick answer is yes.

A personal injury attorney with experience in auto and motorcycle accidents can provide substantial support. They can help you:

• Gather the evidence needed to win your case. To win your case, you will need evidence that proves the accident was caused by a negligent party. An attorney will ensure that you have the evidence you need to prove fault.
• Determine an accurate amount for damages. Damages don’t only include healthcare and property repair costs. They include expenses and losses related to wages, long-term physical and mental therapy, damage to lifestyle, and more. An auto accident attorney will make sure all expenses, monetary and non-monetary, are considered in your case.
• Take on big insurance companies. Insurance companies are designed to pay out as little money as possible. An experienced motorcycle accident attorney knows their tactics and how to fight against them to ensure you get what is fair and fully owed to you.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash   

#2) What is the average payout for a motorcycle accident?

A common question after a motorcycle accident relates to personal injury compensation. People want to know how much they or their loved one will receive.

Unfortunately, there isn’t a quick answer to this question. Every accident is unique so payouts are also unique. Payouts depend on the severity of injuries and overall damages caused by the accident. If the injuries and damages are severe, the payout will be higher than for an accident with fewer or lesser damages.

#3) How long does a motorcycle accident lawsuit take?

Wanting to know how long the lawsuit will take is another reasonable first question for a motorcycle accident attorney. But, it is also a question without an easy answer.

Details of your unique situation will impact the amount of time it will take to resolve the case. On average, most personal injury cases take about 12 to 30 months. Negotiations can last one month up to one year. If a settlement can’t be made, the case will go to court and take more time to resolve.

After listening to the details of your case, a motorcycle accident attorney can give you a better idea about the timeline for your specific case, but it is unlikely that they will give you an exact timeframe.

Related: 6 of the Most Commonly Asked Questions About Personal Injury  

#4) Will my health insurance cover me in a motorcycle accident?

While your health insurance may cover some costs if you have been injured in a motorcycle accident, you don’t want to rely on this method of insurance alone. Even if you have health insurance, the cost of paying for your healthcare can be expensive. You will likely have out-of-pocket expenses such as copays and deductibles. Plus, health insurance only covers medical-related costs.

Health insurance will not cover property damages and general compensation damages that don’t have a dollar amount (such as compensation for pain and suffering, loss of consortium, physical disfigurement, etc.). Don’t rely on health insurance when dealing with the aftermath of a motorcycle accident.

#5) Where do I start if I’ve been in a motorcycle accident?

The first thing to do after a motorcycle accident is seek medical attention. Even if you feel fine, visit a medical doctor and get a full check-up. You may have underlying injuries you are unaware of. Also, you will need records from doctors if you choose to sue for personal injury.

The next step is to get a free consultation with a personal injury attorney. An attorney will make sure you take the correct steps from the beginning. They will ensure that your situation is managed properly so you receive the full compensation you deserve, while avoiding expenses that are not your responsibility. Most initial consultations with a personal injury are free, and you pay no fees unless your case is settled.

Related: How to Prepare for a Free Consultation with a Lawyer   

Get Answers from a Motorcycle Accident Attorney

The aftermath of a motorcycle accident is stressful for everyone involved, but you don’t have to take on this stress on your own. Help is available.

See how an experienced motorcycle accident attorney can help you and ensure that you or your loved one receive the full compensation they deserve.

Schedule a free consultation with TJ Grimaldi to see how we can help you through your case. All consultations are 100% free, and we only get paid when you get paid. Schedule your consultation or call 813-226-1023 to see how TJ can help today.

If someone you loved was killed in an accident, life can feel overwhelming. You may be overcome with grief, anger, and confusion. You may feel helpless and powerless — but there are things you can do.

You can file a wrongful death case to ensure that the at-fault party is held accountable and that surviving family members receive the damages they deserve. In some cases, you can even make sure the accident doesn’t happen again.

Wrongful death cases can help you seek justice for your loved one and create a better future for the surviving family and community.

What Is a Wrongful Death Case?

A wrongful death case is a legal action taken when a person or people have died as a result of the negligence of a person or business. It is an extreme type of personal injury case in that the negligence of the defendant resulted in damages and death.

There are four elements that are important to a wrongful death case. It will be the responsibility of the plaintiff to prove these elements.

• Negligence: You must prove that the accident was caused because a person or a business was negligent. You must show that a person or business was aware of an unsafe condition and failed to act to make it safe.
• Causation: You must prove that the negligence directly caused the death of the plaintiff.
• Damages: You must prove that the victim or their family sustained damages as a result of the accident. Damages may be monetary (such as medical bills, lost income, property damage, cost of funeral, etc.) or non-monetary (such as emotional trauma, loss of consortium or companionship, etc.).
• Breach of Duty: You must prove that the defendant had a duty to provide a safe condition for the plaintiff. For example, a motorist has a duty to drive safely and follow traffic laws in order to keep the road safe for other motorists and pedestrians. You must show that the defendant didn’t fulfill their duty to make conditions safe for others.

Related: Personal Injury Compensation: What Can You Fight For?   

8 Common Examples of Wrongful Death Cases

Below find a list of the most common examples of wrongful death cases. Keep in mind that if your specific situation is not listed, you may still have a wrongful death case worth fighting for. Don’t assume that your case isn’t viable until you speak with an experienced wrongful death or personal injury attorney.

#1) Car Accident

If a driver’s negligence (reckless driving, failing to follow traffic laws, driving under the influence, etc.) caused an accident that led to death, there is cause for a wrongful death case.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash   

#2) Trucking Accident

In accidents caused by a commercial truck or semi-trailer truck, the trucking company and the driver may be held responsible.

#3) Pedestrian Accident

Roadway accidents impact drivers as well as pedestrians. If someone near a roadway was stuck by a vehicle, it may be a potential wrongful death case.

#4) Aviation and Boating Accident

Aviation and boating accidents that led to the death of passengers or others in or around the plane or boat can be cause for a wrongful death lawsuit.

#5) Medical Malpractice

Healthcare professionals sign an oath to care for their patients to the best of their abilities. If they fail to live up to that standard (by providing inadequate care, failing to diagnose an illness, providing the wrong care, etc.), it can lead to a medical malpractice case.

#6) Workplace Accident

The owner or manager of a workplace is responsible for keeping the working environment safe for their employees. If an employee, contractor, or vendor is involved in an accident that results in death, it may be cause for a wrongful death case.

#7) Premises Accident

Owners of properties are responsible for keeping their property in good condition so it is safe for visitors. If they fail to meet this standard and someone is injured and dies as a result of unsafe conditions, they can be held accountable.

#8) Product Liability / Product Defect

Companies that create products and sell them to the public are responsible for ensuring the products are safe to use. If a product failed to work properly or did not include proper warning labels and caused the death of a customer, it may be a wrongful death case.

Related: 6 of the Most Commonly Asked Questions About Personal Injury   

Do You Have a Wrongful Death Case Worth Fighting For?

If you lost a loved one due to an accident, you probably have a lot of questions. Don’t rely on generic advice or standard feedback about your case. Talk to an experienced wrongful death attorney who can give you insights based on the specific details of your situation.

Schedule your free consultation with TJ Grimaldi to discuss the specifics of your case so you can get answers to your questions and ensure you get the justice and damages you, your family, and your community deserve.

Schedule your free consultation or call 813-226-1023

If you or a loved one recently went through a medical experience that resulted in pain, lasting injury, or death, you may have a medical malpractice case.

What Is a Medical Malpractice Case?

A medical malpractice case is a type of personal injury lawsuit that seeks damages for a patient who experienced a negative healthcare outcome due to the negligence of their healthcare provider or providers.

The criteria for a medical malpractice case is often outlined as the four “D’s” of medical negligence. For a medical malpractice case to have merit, it must meet these criteria.

• Duty: The healthcare provider had a clear duty to care for the patient. The healthcare provider and the patient had an established relationship.
• Deviation: The healthcare provider deviated from standard of care. Standard of care is a legal term which means a healthcare provider must provide the same level of care as other qualified practitioners.
• Direct Cause: The actions or inaction of a healthcare provider caused direct harm to the patient. The provider must have done something or failed to do something that directly caused harm.
• Damages: The actions or inaction of a healthcare provider caused the patient to incur financial, physical, or emotional damages. The patient is entitled to compensation to cover the losses they experienced.

If you are wondering if you have a medical malpractice case, consider if your situation meets the four D’s and matches any of the example situations listed below.

11 Examples of Medical Malpractice

Healthcare providers sign an oath to treat the sick to the best of their abilities. If you or a loved one did not receive the level of care that you needed in one of these situations, you may have a medical malpractice case.

#1) There was a failure to diagnose. You or a loved one sought medical care and were told that there wasn’t anything wrong or that there wasn’t any reason for treatment and then later, you found out that there was an issue that required medical attention.

#2) There was improper or inadequate testing. You or a loved one sought medical care, and the provider did not perform the tests that could have helped lead to a diagnosis or treatment.

#3) There was a misdiagnosis. A healthcare provider diagnosed an ailment as the wrong disease, disorder, injury, or illness. They may also have provided the wrong treatment as a result of the misdiagnosis.

#4) The wrong medication or the wrong amount of medication was administered. A healthcare provider gave the wrong medication or the wrong amount of medication to a patient, and it harmed the patient.

#5) There was a mistake during a procedure. A healthcare provider made an error during a routine procedure, and it caused harm to the patient.

#6) The wrong treatment or procedure was given. You or a loved one received treatment or a procedure that wasn’t needed, necessary, or relevant to your healthcare needs.

#7) There was a lack of informed consent. The healthcare provider failed to explain all of the risks associated with a prescribed treatment. Or, the healthcare provider performed a procedure that the patient (or patient’s legal guardian) didn’t agree to.

#8) The quality of care was insufficient. One or more healthcare providers provided inadequate care. The care may have been insufficient because there was not enough staff on hand, the staff neglected care, or the staff was under the influence of alcohol or drugs.

#9) There were surgical errors. Errors occurred during surgery that were preventable, such as tools not being sterilized properly and leading to infection, bodily harm caused by careless patient transport, or in major cases, the wrong surgery was conducted.

#10) There was no follow-up care. You or a loved one sought medical care, and the healthcare provider did not follow up after the procedure or treatment when aftercare was essential and needed.

#11) There was a death after a routine medical procedure. A healthcare provider performed a routine medical procedure, and it resulted in death. A wrongful death occurs when the patient should not have died as a result of their treatment or care.

Related: Personal Injury Compensation: What Can You Fight For?

How to File a Medical Malpractice Case

A patient doesn’t cause the financial, physical, or emotional burdens that are the result of negligent medical care — and they should not be responsible for the burdens.

Take the first step in holding the appropriate parties responsible for malpractice by getting a free consultation with an experienced attorney who can listen to the details of your case and tell you if you have a case worth fighting for.

If you have a case to discuss, contact TJ Grimaldi today. All consultations are 100% free so you have nothing to lose by sharing the details of your case and seeing how TJ can use his experience to help you or a loved one receive the damages you deserve.

Schedule your consultation or call 813-226-1023 now.

If you are injured by no fault of your own, you may have a personal injury case. There are many types of personal injury cases that are worth fighting for in court. In these cases, the injured party can receive compensation to cover both monetary and non-monetary damages caused by the injury.

If you or a loved one have recently been injured and are wondering if you have a viable lawsuit, consider if your situation matches one of these types of personal injury cases.

What Constitutes a Personal Injury Case?

A personal injury case is a legal matter wherein a person is injured as the result of someone else’s negligence or maliciousness. The injured party experiences losses due to their injury and can prove that the other party caused the injury.

Personal injury cases are handled in civil court and are categorized in three ways. 

• Intentional Tort: An intentional tort relates to an act that caused injury and was intentionally committed. An at-fault party intended to injure someone.
• Neglect Tort: A neglect tort relates to a situation wherein someone was injured due to the negligence of another party. A negligent at-fault party caused someone to get injured.
• Strict Liability Tort: A strict liability tort relates to a situation wherein someone is injured, but there is no clear maliciousness or negligence. Someone was injured by a party who did not intend to cause harm and was not negligent in their action or inaction.

The most common types of personal injury cases fit within one of these three tort categories.

9 Types of Personal Injury Cases

Let’s look at how these torts are relevant in specific types of personal injury cases.

Auto Accidents

Auto accidents are one of the most common types of personal injury cases. These neglect tort cases relate to accidents that occur on the road. An injured party was acting in a safe manner, and an at-fault party was negligent and caused an accident. Auto accident cases may also include:

• Pedestrian Accidents
• Boating Accidents
• Motorcycle Accidents
• Trucking Accidents

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Medical Negligence

Medical negligence is another type of neglect tort case. In this case, a medical professional did not treat a patient in accordance with the Hippocratic Oath. They provided extremely inadequate or poor care that resulted in a negative outcome for a patient.

Slip and Fall

A slip and fall is a type of personal injury case classified as a neglect tort. In this case, an at-fault party created a situation that was dangerous. The negligence of the at-fault party caused a person to fall and sustain an injury that would not have happened if conditions were safe.

Related: Think You Have a Slip and Fall Case? Take These 7 Steps   

Premises Liability

A premises liability case is also the result of neglect. In this case, a person is injured on a property that was not in a safe condition. Slip and falls are common premises liability cases, but they can also include any injuries caused by hazardous conditions created as a result of neglect.

Workplace Accident

Workplace accidents are incidents when someone is injured while they are at work. In these personal injury cases, a worker is injured as a result of unsafe working conditions. The owner or manager of the workplace did not keep the premises safe for their employees.

Product Liability / Product Defect

Product liability and product defect claims fall under strict liability torts. In these cases, a party is injured when a product failed to work properly or did not include proper warning labels. The injured party used a product as it was intended but still suffered harm.

Animal Attack

If an animal attacks a person, the owner is liable for damages. Dog bites are the most common type of animal attack personal injury cases. Pet owners are responsible for their pet’s actions even if they occur away from the owner.

Assault and Battery

While assault and battery cases are heard in criminal court, the injuries and damages caused by the incident can be litigated in civil court as a type of personal injury claim. Assault and battery is an intentional tort case that requires the party who committed violence to provide relief to the injured party.

Wrongful Death

A wrongful death case can also be classified as a type of personal injury claim. If the negligence of a person or business led to someone’s death, their loved ones can seek personal injury compensation for both monetary and non-monetary damages.

Get Representation for All Types of Personal Injury Cases

If you or a loved one has been injured in any of the situations described above, it’s time to reach out to a personal injury attorney. You are not responsible for the financial and personal burdens caused by an accident that was not your fault.

Seek relief and support today. Schedule your free consultation with TJ Grimaldi to see how he can use his experience litigating a variety of types of personal injury cases to help you get what is legally due to you.

Schedule your consultation or call 813-226-1023 now.

A slip and fall case protects people from the burdens brought on by an injury caused by negligence. If a negligent business creates an unsafe environment that causes a person to be injured, the negligent party is held accountable. They must provide the resources the injured party needs to heal physically, mentally, and financially.

Make sure you know what to do if you experience a slip and fall at work or in a public place. Protect yourself by knowing the steps to follow if you are injured and need to pursue a slip and fall case to receive the justice and compensation you deserve.

Do You Have a Slip and Fall Case?

To have a successful slip and fall claim, you must prove that the owner of the location knew or should have known about the dangerous condition that led to the injury. A court will only side with the injured party if they can prove negligence by an at-fault party. Proving the negligence is why it is so important to take these seven steps if you slip and fall at work or in a public place.

7 Steps to Take After a Slip and Fall

To make a case for your slip and fall claim, it’s important that you take action immediately. Take these seven steps right away.

#1) If you are hurt, seek immediate medical attention.

If you slip and fall, your health and well being should be your first priority. Immediately seek medical assistance. Getting emergency medical services ensures that all of your potential injuries are identified right away, preventing you from missing injuries that can get worse without immediate treatment.

Getting medical attention also creates an official report of your injuries that will be helpful if you have a slip and fall case as it prevents the opposing side from saying you weren’t injured.

#2) Report the incident.

If you’re at a business or work when you fall, request to file an official incident report. Ask to talk to management and create a documented report. Share your story, and then review the document to ensure that it accurately represents your side of the situation.

#3) Ask for a copy of the report.

Once the report is created, get a copy of your own. Don’t leave without a copy of the report. If the business does not want to provide a copy for you, take a photo of the report on your phone. Having a copy of the original version will be essential in your slip and fall case.

#4) Get information from witnesses.

Eye witness accounts will be important to your case. If there were any witnesses to your accident, get their names and phone numbers. Write down the details of their story and share the information with your personal injury attorney so they can follow up with witnesses to get extra details and testimonies if needed.

#5) Look for on-scene evidence and take photos.

To win a slip and fall case, you must prove that there was negligence. You must prove that the owner of the property knew that there were dangerous conditions and did not act. To prove that part of your case, look for on-scene evidence and take photographs of your surroundings after a fall. Capture:

• Warning signs or lack of warning signs.
• Signs or other evidence that suggests that the dangerous condition has been there for some time.

#6) Take photos as your injuries progress.

Showing the full extent of your injuries will also be important to your case. In some cases, your injuries may not fully show until days after the accident. If your injuries show up or progress days after the accident, take pictures of the body parts that show the injuries.

#7) Talk to an attorney about your slip and fall.

The best way to know if you have a slip and fall case and ensure that you will win your case if you do is by contacting a slip and fall attorney immediately after your injury.

While you have up to four years from the date of the injury to file a personal injury lawsuit in Florida, you don’t want to wait. Evidence is easier to collect early on, and cases are more difficult to win as time goes on. Don’t wait. Talk to an attorney right away to discuss your case if you feel your fall was the result of negligence on behalf of a business or property owner.

Related: What To Do After a Slip and Fall Accident

Let a Professional Handle Your Slip and Fall Case

You should not be responsible for burdens brought on by an injury caused by negligence. The negligent party should provide what you need to be made whole physically, mentally, and financially.

If you have been involved in a slip and fall, TJ Grimaldi is here to make sure you get what you deserve. Contact our office for a free consultation to discuss your slip and fall, whether it was a few days or a few years ago. Schedule your consultation or call 813-226-1023 today.