Florida Injury And Accident Lawyer Blog

Just this month, the Insurance Institute for Highway Safety issued a report regarding the motorcycle helmet use laws for each of the states. The Institute's research found that "laws requiring all motorcyclists to wear a helmet are in place in 20 states and the District of Columbia. Laws requiring only some motorcyclists to wear a helmet are in place in 27 states.
There is no motorcycle helmet use law in 3 states (Illinois, Iowa, and New Hampshire)."

Continue reading "2011 Motorcycle Helmet Use Laws " »

As a native of Fort Myers and as a personal injury attorney in Southwest Florida, I am often contacted by family and friends who I personally know or have been acquainted with for many years. Unfortunately, when I recieve that call wherein I learn that an accident took place, my heart drops as I am too familiar with the tragic consequences of automobile accidents. These accidents can happen anywhere, at anytime, to anyone.

In February 2011, I was contacted by "Tom Smith", a local resident and acquaintance to assist in the handling of his personal injury matter. Tom has lived in southwest Florida for many years and attended our local public schools.He is happily married and the proud father of 3 children. Tom relayed to me that he was minding his own business on a sunny February day. His truck had come to a complete stop on U.S. 41 when, without warning, he was rear ended by the at fault driver at 55mph. The at fault driver was so inattentive, he never even had a chance to brake or use his horn to warn Tom. Both vehicles were totaled as a result.

Tom was transported by ambulance to Lee Memorial Hospital for serious injuries. He was ultimately released from the hospital, but sought the opinion of a neurosurgeon for an evaluation of his debilitating neck pain. The local neurosurgeon recommended an MRI of the neck which confirmed a herniated disk with cord compression at C6-7. Shortly after the MRI results, Tom underwent an Anterior Cervical Diskectomy and Fusion at C6-7 in March 2011.

Once the surgery was complete and Tom was recovering at home, The Dellutri Law Group completed its investigation and aggressively pursued a settlement against the insurance company of the at-fault driver. The result was a multi-figure confidential settlement for Tom and his family. Although dollars will never heal Tom's neck, our system of justice, while not perfect, is the best system in the world. Tom was fully compensated for his losses.

As I write this blog, I am happy to say that The Dellutri Law Group was able to investigate, litigate and resolve Tom's case within 5 months after the accident occurred.

This blog was written by Amanda Downing, Esq. Amanda is a wife, mother and daughter and a constant crusader against all that is wrong in the world. She oversees the firm's personal injury department and will fight to seek Justice for her clients.

In our recent blogs and Dellutri Law Group letters, Carmen and I have really focused on getting the word out to our clients to make sure that their families are adequately protected on our roads.

We have urged all of our clients to locate their latest automobile insurance policy and make certain they have "Uninsured Motorist" or "Underinsured Motorist" coverage on their policy. In the past few weeks, I have received many phone calls from our loyal clients requesting a review and free consultation regarding their auto insurance policy. After every single phone call, I had a smile on my face..............Here is why...every client that called me had uninsured/underinsured motorist coverage. YEAH!!!!!!!!And, even though every client that called was filing or had recently filed bankrutpcy and were in financial distress, they still purchased and protected their families should they be involved in an accident.

Continue reading "I Am So Proud Of Our Clients!" »

Fortunately, Florida has a tiered driver's license system in place for teen drivers. Teenagers in the State of Florida are allowed driving privileges in a series of steps. Every Parent should visit the Florida Department of Highway Safety and Motor Vehicles' website prior to their child turning 15. The FDHSMV's website advises that, "Florida's laws are designed to help teens gradually - and safely - build their skills and experience behind the wheel. The parents' job is to know and enforce the laws."

The FDHSMV has devloped a graduating driving system for teens due to some horrifying statists. According to the Department: Crashes are the leading cause of death for teens in Florida and across the United States.
Teens face the greatest risk of crashing during their first year of driving. One out of every five licensed 16-year-olds will be in a vehicle crash.

Teens are less likely than adults to understand the risks of driving because they lack experience. Also, their brains are still developing well into their 20s, affecting their judgment while driving. 306 Florida teens (ages 15-19) died in motor vehicle crashes in 2007.

Continue reading "Parents Can Protect Teen Drivers In Florida" »

As a personal injury lawyer, I hear too often how the holidays and particularly, New Years Eve turn bad for some folks in our community and it is usually alcohol related-a DUI or worse-a terrible car accident. Therefore, before New Years Eve, I wanted to make sure to write a blog about Drinking and Driving.

While gathering my thouughts, I went to MADD's website and learned that this month is "National Drunk and Drugged Driving Prevention" month. After navigating MADD's website (www.MADD.org) I was shocked to learn the following:

Continue reading "December is National Drunk and Drugged Driving Prevention Month" »

Do you own a motorcycle? Who is going to pay your bills if you are involved in an accident? If you live in Southwest Florida and drive a motorcycle, make certain you purchase Medical Payments Coverage from your insurance carrier.

In Florida, Personal Injury Protection (PIP) Coverage only applies to bodily injury sustained in a motor vehicle accident by the named insured, relatives residing in the same household, persons operating the insured motor vehicle and pedestrians struck by the insured motor vehicle. The PIP coverage will pay for 80% of your reasonable medical expenses up to $10,000.00. If you are on a motorcycle at the time of the accident, the Florida PIP law does not afford you this coverage.

Continue reading "Motorcycle Owners Should Purchase Medical Payments Coverage " »

Can "My Space" and "Face Book" hurt your case? Absolutely.
After you have been involved in an auto accident and reported the accident to your insurance company and/or the at fault party's insurance company.....Beware. The insurance company and their adjusters, claim representatives, investigators and/or lawyers will perform a search of your name on the internet, specifically, "Face Book" and "My Space".

Continue reading "Amanda Downing, Fort Myers, Florida- Personal Injury Attorney" »

We strongly suggest you follow these 10 tips after an accident:
1. KEEP CALM Call 911 to report the accident and be sure to advise the 911 operator if anyone is injured. In Florida, you are required to have a Traffic Crash Report completed if the crash results in death, bodily injury or damage to property of at least $500.00.
2. MOVE YOUR VEHICLE If your vehicle is a hazard for other vehicles, move it out of the way if it is safe to do so.
3. AVOID FURTHER INJURY Turn off the ignitions of all cars involved. Do not move an injured person unless they are in immediate danger; try to keep him or her warm. Stand away from the vehicles in case they are hit again.
4. AVOID CONFRONTATION AT THE SCENE The scene of a car crash is no place to get into an argument with the other driver(s) over who is at fault. It is best not to discuss how the accident happended. Wait for the police and cooperate fully with the police.
5. EXCHANGE INFORMATION Although you shouldn't discuss responsibility for the accident with the other driver(s), you SHOULD exchange information. Specifically, you will beed to exchange driver's licenses, registration, license plate numbers and insurance information. Make sure the insurance card they provide you has current effective dates.
6. WITNESSES Even if the other driver admits fault, it is still helpful to obtain the names, home addresses and all telephone numbers of as many witnesses as possible.
7. SEEK MEDICAL ATTENTION If you experience even minor pain, you should see medical attention as soon as possible.
8. TAKE PHOTOGRAPHS We recommend that you keep a disposable camera in your glove box. Photograph any injuries to your body and make sure that all areas of damage to your vehicle are photographed before repairs are done.
9. PROTECT YOUR RIGHTS Although you generally must provide reasonable cooperation with your own insurance company's investigation of the accident, the same is NOT true for the at fault driver's insurance company. For example, you are under no obligation to provide the other driver's insurance company with any sort of statement concerning the accident. You should consult with an attorney before giving a statement to anyone-even your own insurance company.
10. CONSIDER CALLING US AS SOON AS POSSIBLE We have vast experience in handling motor vehicle and motorcycle accident cases. We care, and we will help you take all the appropriate steps to protect your rights and interests. Why settle for less?

Continue reading "Amanda Downing, Fort Myers, Florida- Personal Injury Attorney" »

Very Important. Gap insurance coverage is insurance for your vehicle (loan or lease) which provides protection for the amount greater than the actual cash value you are liable for (how much you still owe) after the total loss of your vehicle from either theft or from an automobile accident. http://http://www.dellutrilawgroup.com/lawyer-attorney-1351138.html

For example, if, as a result of an auto accident, your vehicle is a total loss, and it is worth $8,000.00 but you still owe $12,000.00 to the lender or lease holder, you are responsible for the difference. In this scenerio, Gap coverage would cover the difference that is still owed ($4,000.00 in the prior example).

Continue reading "How Important Is Gap Coverage?" »

If you are an avid reader of the Florida Injury and Accident Lawyer Blog or if you are not, get ready for some major changes to be coming your way. Our blog is having some touch up work being performed, kind of like a tune-up and a new coat of paint for the car. We might even throw in a couple of cool features for you.

But, we are gonna need your patience while this little bit of magic takes place. Remember, we are attorneys not computer dudes.

Continue reading "Changes Are Coming Soon" »

When a victim in a personal injury case make a claim against an insurance company, it seems that the victim is the one on trial because he or she is making a claim for his or her injuries. While this may seem impractical to most people, those of us in this industry understand why this happens, and we deal with it. Trust me, we don't like it either. However, the one thing we don't enjoy is when a client become his own worst enemy. It has happened to every personal injury attorney. My first client who killed his case came into my office on a Monday morning telling me how much pain he was in. I believed him. The next day, he was on the cover of the Newspaper giving an interview in his work-out clothes and discussing his work-out regime. He wasn't a client after that. Although this is an extreme example of how someone can hurt their own cases, there are other ways, more subtle ways.

For example, personal Injury cases open the books to the victims previous medical conditions which may have some relationship to the damages being alleged by the victim in this action. Let's say you had a prior neck surgery as a result of an old football or cheerleading injury. As a claimant, you must be open and honest with your attorney and disclose all of your previous medical issues. It is better to be open and honest, rather than trying to hide the previous neck surgery. It will come out sooner or later, and then you look like the bad guy or girl. Trust me, the insurance company is looking for anyway not to pay you the value of your case. Therefore, you don't need to give them additional ammunition. If you have something that embarasses you, we can deal with it, just let us know.

This is just an example of one of the ways in which you can hurt your case. Other examples include: Giving recorded statements to the insurance company, Completing insurance forms without your attorney reviewing same, etc.

Continue reading "How You Can Hurt Your Personal Injury Case" »

As a personal injury attorney, I see the devastation that follows a car accident each and every day. Think about it, you are driving along without a care in the world, all things seem to be going your way, and then Wham, another driver was not paying attention, and you wake up in the hospital. Who is going to pay your bills? Who is going to fix your car? These and other questions are normally asked when a client contacts us for the first time. The most important things to remember after you are in a car accident are:

Continue reading "What To Do If You Are In A Car Accident In Florida." »