How a Lawyer can help in your Boating Accident Case

Boating is a favorite pastime of many Floridians. Going out on the water is a great way of relaxing and enjoying yourself. However, it can also be hazardous. Boating accidents and fatalities occur all too often in Florida. The most common causes for such accidents include:

• Operator inattention and inexperience
• Machinery failure
• Improper lookout
• Speeding

When you accept an invitation to go boating, you expect the owner and operator of the boat to take the measures necessary to preserve your safety. If you are injured in a boating accident, due to the negligence of the owner or operator, you may file suit to hold them accountable. Boating injuries include fractures, lacerations, sprains, and even head trauma. Any of these injuries can put you in the hospital, which will lead to medical bills and loss of income. You should not have to suffer and pay for those injuries on your own.

One of the first things you should do after the accident is to hire a Tampa boat accident lawyer. A Tampa boat accident attorney can help you build a case against the person whose recklessness or negligence caused the accident. Your boating accident attorney in Tampa can help you get the compensation you deserve.

Boating operators must exercise care to prevent accident and injury. If the person operating the boat on which you were injured failed to do their duty and it led to an accident that caused you harm, then you can sue them for damages.

You can also file a lawsuit against a boat operator who did not have the skill, knowledge, and qualifications to handle the vessel safely. If the operator was under the influence of alcohol or drugs when they were in command and it led to a wreck, then you may well be able to claim compensation from them.

Being injured in a boating accident is not enough to prove your case. You must gather the evidence necessary to link the action or inaction of the operator to the accident and the injuries you suffered. A boating accident lawyer Tampa at Wagner, McLaughlin & Whittemore can help you do this.

When you buy toys for your kids, you expect them to be safe and fit for use. If your child was injured while playing with a defective toy, then it is right for you to hold the manufacturer accountable. A defective toy is a serious danger to a child. It can lead to serious injuries—the kind of injuries that can stay with them for the rest of their life.

If your child has suffered such an injury, then you should hire a Tampa product liability attorney and begin to build a case.

Unfortunately, injuries caused by defective or dangerous toys are not a rarity in the United States. Hundreds of toys have been recalled because they were found to violate basic safety standards. The Consumer Product Safety Commission sets out rules that regulate toy safety standards. These rules place limits on the allowable levels of lead and other toxic substances used in the making of toys. The group also dictates the kind of warning labels that must be put on toys that may be choking hazards.

Here are some examples of the kinds of toys that can be dangerous for children:

• Toys with unsafe levels of lead, chromium, and phthalates
• Toys with small parts that can block a child’s airway
• Balloon toys that can get caught in a child’s throat
• Toys that have excessive noise levels

Poisoning, burns, bruises, broken bones, and lacerations are some of the injuries that can be caused by defective toys. If any of these things have happened to your child, you should take decisive action.

A Tampa product liability lawyer will help you gather the evidence necessary to prove that your child’s injury was the result of a dangerous and defective toy. You should work with a Tampa dangerous products attorney who handles product liability in this area of the law They will know how to gather the needed evidence, and they can anticipate and counter the moves that the manufacturer is likely to make.

We suggest that you not try to deal with the situation on your own. You should enlist the help of a Tampa child injury attorney at Wagner, McLaughlin & Whittemore. The experienced attorneys at Wagner, McLaughlin & Whittemore would be happy to help.

What Is Road Rash?

Road rash occurs when the outer layer of one’s skin is scrapped off because you have come in contact with a rough surface. Motorcycle riders are likely to suffer road rash when they fall off their bike. The knees, shoulders, face, and lower legs are the parts of the body that are most likely to be damaged by road rash.

Road rash can range from mild to severe. A mild injury will cause slight bleeding, scrapes, and bruising. A second-degree road rash can break the skin, which can increase the risk of infection. Third-degree road rash is serious. It can result in deep abrasions and wounds. It can even expose bones, nerves, and muscles. Road rash can sometimes occur as a result of negligence. That is why it is important to talk to a motorcycle accident attorney in Tampa.

How to Treat Road Rash

A motorcycle accident lawyer in Tampa will recommend that you get road rash treated, and you should not hesitate in doing so. Treatment can reduce the chances of scarring or infections. The type of treatment that you need will depend on the severity of the road rash.

If you have mild road rash, then you will need to clean it and monitor it. Second-degree road rash may require a prescription and bandage. Third-degree road rash may require surgery. Do not hesitate to get the treatment you need for your own comfort and health. At any time, feel free to call one of our Tampa motorcycle accident attorneys, who can discuss with you how to get compensated for your injuries.

Call Wagner, McLaughlin & Whittemore

Serious road rash can result in permanent injuries. That is why if someone else caused the accident, then they will need to be held accountable. A Tampa accident attorney can help you file a claim. They will also fight hard to help you get the maximum amount of compensation from the other party. They want to make sure that your rights are protected.

Before covid arrived and changed our lives, many of us had not even heard the term “PPE,” meaning “personal protective equipment.” It’s important to have proper PPE at any job where an injury may occur. Your employer should supply such PPE and also explain to you when and how to use it. Any employer that fails to do so may be responsible for his or her neglect. Furthermore, you may be entitled to compensation if you experience an injury due to your employer’s failure to provide you with PPE. An accident lawyer in our Tampa office can help you figure out where you stand if this occurs and you suffer injury.

Worker Injuries

Worker injuries do happen, which is why the law requires businesses to carry workers’ compensation insurance. However, a personal injury is quite different from a worker’s compensation incident. Workers’ comp might take care of you while you’re recovering from your injury, but a personal injury settlement could extend well beyond that and provide you more comprehensive financial recovery. Speaking to a Tampa construction accident attorney will help you determine if you should be asking for personal injury compensation instead of workers’ compensation.

Employer Negligence

Neglect is one of the main elements that cause a worker to be eligible for personal injury compensation. You may be eligible for such compensation if your construction bosses allowed you to work without the proper PPE, and you got hurt as a result. You should speak to a Tampa construction accident lawyer before you assume that you should apply for workers’ compensation. Depending on the circumstances, you may be able to receive compensatory money that can pay your medical bills, lost work wages and living expenses – as well as full compensation for the injuries and other harm you have suffered.

How to Get Help

We urge you to speak with an accident attorney in Tampa such as the ones at Wagner, McLaughlin & Whittemore. This attorney can review your case and let you know if you qualify for compensation. There is no risk to you for scheduling an appointment. In fact, you might be eligible for more than you think.

Wrong-way accidents happen in Florida more frequently than you may think. A Clay County resident lost his life just last month because he was going the wrong way. Fox News released a story about a teenager who lost his life in August because another driver was going the wrong way. Another person lost his life on a Florida highway in the same month for the same thing. Wrong-way accidents seem to be a common theme in the state. Therefore, all drivers should be extra careful, practice defensive driving, and keep handy the phone number of a Tampa wrong-way car accident attorney.

Whose Fault Is a Wrong-Way Incident?
A wrong-way incident usually falls on the person who is going the wrong way. Other drivers might try to dodge the crash, but oftentimes, they don’t have enough time to react. The law is usually on the side of the person who has the right of way in a case like that.

How to Prevent Wrong-Way Accidents
As a driver, you can play your part in preventing wrong-way accidents. First, you must do everything possible to stay alert while you’re driving. Get enough rest, drink caffeine before a long trip, and take stretch breaks to stay fresh and alert on the road. If you can, bring another person with you who can help to make sure you go the right way at all times. Try the best you can to shift your vehicle if someone comes at you in the wrong direction.

What to Do if You’re Involved in a Wrong-Way Collision
You should contact a Tampa car accident lawyer as quickly as possible after you receive your medical treatment and you speak to the authorities. An attorney can start assessing your case, filing a lawsuit if necessary, negotiating your case as soon as you give the green light for representation.

Contact an Attorney Today
Wagner, McLaughlin & Whittemore has experience in wrong-way accidents and can help you seek the compensation you deserve if you get involved in such a situation. The law firm is staffed with Tampa wrong-way accident lawyers who have served clients who suffered personal injuries. You can schedule a consultation to find out more about your rights and potential for recovery today.

All car accidents can be complex, but a crash with a stolen car can be monstrous. You’re in for a complicated case, whether you were hit by someone who was driving a stolen car, or you were a passenger in the car with someone who was driving a stolen car. The chances are high that you’ll need to employ the help of Tampa Personal Injury Attorneys either way. Here’s some additional information.

Who’s at Fault in a Stolen Car Incident?

It’s necessary to establish fault in any car accident, but the stolen status of a car can make that difficult. Generally, the insurance company and the Tampa Personal Injury Lawyer would look at the driving habits and behavior of both parties. The insurance company would review police reports, witness statements, and other evidence to establish whether they’d need to pay a claim. When a vehicle is stolen, however, the stakes are much higher.

Consequences if the Car You Were in Was Stolen

Drivers of stolen cars can face criminal charges. The owner of the car may end up having high insurance premiums. Furthermore, there’s a chance that a passenger can be denied compensation if that person was in a stolen vehicle. In a case like this, you will need a Tampa car accident injury attorney to assist you.

Can You Still Get Help?

Personal injury cases are based highly on the principles of fault and negligence. It’s possible that you can get compensation if you were hurt by getting into a crash involving a stolen car. The driver of the stolen car could be held liable for your injuries. That person may have to pay you compensatory damages as well as possible punitive damages because the car was stolen. Your best bet is to arrange an appointment with a personal injury attorney to discuss your standing and your possible recovery options.

How You Can Get Help

You can schedule a consultation with Wagner, McLaughlin & Whittemore today by calling and asking for a free consultation. An attorney will talk to you about your case and discuss with you the likelihood that you may receive money damages as a result of the accident.

You might be involved in a multi-car accident one day, and you’ll want to know what your options are if that’s the case. A multi-car incident is an accident that occurs between more than two vehicles. They happen all the time on major highways, and they often need Tampa multi-car accident attorney assistance to figure out who’s liable and who should receive compensation. The following is some additional information on such incidents so that you can determine whether the law entitles you to receive assistance.

What’s a Multi-car Accident?

Multi-car accidents occur when several cars crash as a result of a primary accident. An example is an incident where a driver on the highway brakes quickly to avoid hitting another car or an object. Two or more vehicles behind that car might end up crashing into each other because of the initial brake. The initial brake might have occurred because of something that the frontline driver did wrong. A Tampa multi-car accident attorney can bring clarity to a mess like that.

Who’s Liable for Serious Injuries?

It’s difficult to tell who’s liable for serious injuries in a multi-car accident because so many drivers are involved. A Tampa serious injury attorney would need to assess the accident, gather factual information from drivers, passengers, and witnesses, and review the documentation that surrounds it. Multiple parties might be at fault. Thus, numerous parties might have responsibility for paying compensation to the other parties.

What Factors Determine Fault in Multi-car Crashes?

Driving habits, manufacturer defects, and road and weather conditions are all factors that a Tampa car accident injury attorney will look at when he or she is trying to determine fault. In some cases, the fault can be split between several parties, and those parties might even include the injured persons.

You can speak to someone at Wagner, McLaughlin & Whittemore about your case if you were involved in a multi-car crash. Schedule a consultation to discuss your options and to see if you are entitled to compensation from wrongdoers.

One of the most dangerous types of accidents that you could have on the road is a head-on collision. The reason this type of accident is so dangerous is that the vehicles involved are more than likely traveling at normal highway speeds when they collide (unless, hopefully, one vehicle sees the other and slows down). The impact of the vehicles can result in multiple types of injuries including broken bones or paralysis — and, in some cases, death. After you (or a loved one) have been involved in a head-on collision, consider speaking with Tampa personal injury attorneys, who can help you file a claim against the other party and recover, if the accident was of no fault of your own.

There are a few things that you can do when you’re driving to try to prevent a head-on collision. Since many severe injuries occur because of the high rate of speed that you’re traveling on impact, try to slow down as much as possible if you see another driver swerving on the road or if you see another driver passing in your lane. If you see that an accident can’t be avoided, then try to look on either side of the road to determine if there is something else that you could hit instead of the oncoming car. A barrier, mailbox, or a ditch are examples of items or landscape on the side of the road that you may be able to veer into instead of colliding with the other car. When speaking with a Tampa car accident attorney, you will want to give details about the ways that you tried to prevent the accident and actions taken by the other driver on the road.

If you’re injured or if a passenger in your vehicle is injured, you can consult with Wagner, McLaughlin & Whittemore, Tampa car accident injury attorneys, about seeking recovery for the lost wages you incurred, if you needed to miss work, as well as for the medical treatments related to your injuries. Your attorney can also handle communications with the other party and the insurance company on your behalf. Do not hesitate to give us a call today, at 813.225.4000.

What does a statute of limitations mean?

A statute of limitations is basically the amount of time you have to file a case before you can no longer take legal action. Some types of cases do not have a statute of limitations, but most cases do. It’s important to know what the statute of limitations is for each potential case you are considering. And moreover, it’s important to consult with legal counsel as soon as you can, regardless of however long you might have to file a case.

Why does Florida have a statute of limitations?

Every state has statutes of limitations, and those statutes will vary by the type of case. The main reason statutes of limitations exist is so that cases can be built on reliable evidence for both sides. As time goes by, both the physical evidence and eyewitness memory relevant to the lawsuit can deteriorate, making it harder for a judge or jury to issue a verdict.

What is the statute of limitations in Florida for personal injury claims?

That will vary based on the type of case. Let’s look at each area of law right now to see the applicable statute of limitations.

Car Accident

You have four years to sue a negligent driver in Florida if you are injured in a car accident, and five years to sue your uninsured motorist. This does include Uber and Lyft drivers. You do not want to wait to take action, especially because insurance companies will do everything they can to deflect responsibility and draw out your claim—so contact a Tampa car accident attorney to discuss if taking your case to court is the best way to protect your interests.

Truck Accident

A negligent truck driver falls into the same category as a car accident. Shockingly, as recently as 2017, there were 30,000 collisions with heavy or medium trucks on Florida roadways. A crash with a truck can be deadly. If someone dies in the crash, you will need to file a wrongful death lawsuit instead, which has a 2 year statute of limitations. Speaking with a Tampa truck accident lawyer will help you determine if you should file an insurance claim, sue the trucking company, or both.

Motorcycle Accident

It’s a well known fact that motorcycles present more risks for injury and death than cars, and especially in Florida, where you are not required to wear a helmet. Motorcycle accidents are the same as car accidents in terms of a four year statute of limitations (and five for uninsured motorists). Again, keep in mind that a wrongful death claim has a two year statute of limitations, and that PIP claims may need to be filed even sooner to receive full compensation. Talk to a Tampa motorcycle accident attorney as soon as you can to determine the best course of action.

Bike Accident

Like cars, trucks, and motorcycles, the statute of limitations for a bike accident is four years (and five years to sue an uninsured motorist). The most common causes of bike accidents are not bad roads or reckless bicycling. Drivers turning into cyclists, changing lanes into a cyclist, pulling into an intersection and hitting a cyclist, and opening a door at a poorly timed moment are the leading causes of cycler death. Discuss your case with a Tampa bike accident lawyer to determine your options, including whether our own motor vehicle insurance policy will cover you in this instance.

Pedestrian Accident

Pedestrians injured in an accident have four years to bring a case against a negligent driver who injured them, but keep in mind that wrongful death claims have a two year statute of limitations. Most pedestrian deaths actually occur in urban settings and at night, so a Tampa pedestrian accident attorney can review the case with you and help assess if another party might have played a role in the accident—such as a negligent county or city that should have better maintained crosswalks, signage, and lighting.

Premises Liability – Slip and Fall Accidents

Slip and fall accidents can occur when an individual slips and gets injured on a hard surface that should have been marked as such—for example, after it’s been cleaned. In colder climates, it’s common for slip and fall accidents to happen on icy patches, but that is not so common in Florida (though it can happen). The statute of limitations for a slip and fall accident is four years, but don’t wait and speak to a Tampa attorney who specializes in premises liability cases; a Tampa slip and fall accident lawyer will review the case with you and determine the best course of action.

Dog Bite Injury

A bite from an animal is no laughing matter. Attacks from certain animals like pit bulls have resulted in death, and animal bite wounds can develop other complications. The statute of limitations for dog bite injuries is four years. However, you should speak with a Tampa dog bite injury lawyer right away. Emerging from your case with a successful verdict against the owner of a dangerous animal can also protect others in your neighborhood from the same fate.

Defective Products

Retailers have an obligation to their customers to provide safe products. Unfortunately, with the proliferation of unchecked eCommerce, there are more safety issues than ever. If you’ve fallen victim to injury because of a defective product, you will have four years to file a lawsuit. Speak with a Tampa defective products attorney as soon as you can to determine the best way to build your case.

Boating Accidents

Florida is home to a number of lakes, rivers, and coastal waterways. If your boating accident occurred in Florida waters, your statute of limitations is four years. If it occurs in federal waters, it will fall under Federal Maritime Law or Admiralty Law, and the statute drops down to three years. Speak to a Tampa boating accident lawyer to discuss your case and determine the best course of action.

Cruise Ship Accidents

Remember to read the fine print on the back of your ticket. In many cases, the statute of limitations can be as little as one year or six months. Despite the fact that today’s cruise ships seem like floating palaces, they are still ships—and sailing on a ship carries plenty of dangers, among them food poisoning, slips and falls, and mechanical accidents. The thought of bringing a lawsuit against a large cruising corporation can seem intimidating, so speak to a Tampa cruise ship accident attorney and discuss the best way to approach your case.

Railroad Accidents

Railroad accidents are truly frightening; a moving train may need as much as a mile in order to slow down. Oftentimes, a collision with a train or a stalled car at a railroad crossing hit by an oncoming train can mean certain death—the statute of limitations of which (in Florida) is two years. If death is not involved, the statutes of limitations can vary depending on who operates the train, a government employee or a private company. It’s important to speak to a Tampa railroad accident attorney as soon as you can to iron out the details and move forward.

Aviation Accidents

Airplanes are statistically more safe to travel in than cars, but airplane accidents do happen, and they can be catastrophic. Remember that wrongful death lawsuits have a two year statute of limitations, which incidentally is the same for international air travel. Sometimes a lawsuit can be brought against the federal government for negligence on the part of air traffic controllers, or for an an accident with an EMS helicopter or municipal airport. The statutes of limitations for each of these types of cases can be difficult to determine and may require analysis of the specific facts involved in your case. ecause of the complexity of aviation accidents and the many factors involved, it’s important to speak to a Tampa aviation accident lawyer to determine the best way forward.

For all of these various cases, individual facts or circumstances are important and can affect the application of the appropriate statute of limitations – which makes it all the more critical that you consult with an attorney about your possible case sooner rather than later. Our attorneys at Wagner, McLaughlin & Whittemore would be honored to discuss your options with you. Call us today for a free consultation.

Many people are injured in automobile accidents and do not realize how injured they actually are until later. This is especially true with issues like back injuries that have a way of hanging on throughout the remainder of the victim’s life in some situations. The truth is that many injuries do not manifest quickly, and those who did not file immediately may think they have no recourse after waiting or failing to seek medical treatment. While failing to consult a doctor within 14 days of your accident will affect coverage by your own insurancecompany, you may still be able to file a lawsuit and receive damages paid by the negligent party’s insurance company. There is an important deadline to remember, however. By law, under most circumstances, injured parties have four years to file an injury claim against a negligent actor. This stipulation applies to automobile accidents as well as other accident injury claims. So do not delay. As soon as your begin feeling your injuries, consult an experienced attorney like Wagner, McLaughlin & Whittemore Tampa car accident lawyers. We can help you file your claim and maximize your recovery.

 

Starting the Clock

The statute of limitations in all states includes what is termed a “clock” that designates the time at which the limitations period begins. This normally begins at the time of the injury when an injury is realized immediately during the mishap or closely after the fact. However, there could be a determination of a delayed clock beginning when the injury is not recognized by the victim in a timely manner.

 

Limitations Altercations

There are also some cases where the statute of limitations clock can be “tolled,” which is stopping the clock due to the nature of certain physical conditions along the way to recovery. This can be confusing for the typical injured party, but an experienced attorney can often successfully argue the claim to the court in specific instances when an injury is not recovering as expected or when the claimant did not seek extensive medical treatment from the first point the injury was realized. Injuries can worsen over time; someclaims get filed late under certain circumstances.

 

Never assume it is too late to file an accident injury claim. Always call Wagner, McLaughlin & Whittemore Tampa car accident lawyers for advice on pursuing damages. Your claim may still be valid and much more valuable than you think.