What Not to do After an Accident

What Not to do After an Accident

The choices you make after an accident can affect you far into the future. Directly after the wreck happens you might be confused on what to do next and this could be a new experience for you so are uneducated on what not to do afterward. Perry & Young pray that you are never in an accident, however, if you are it would behoove you to take a little time and read this article to know exactly what to do if you ever encounter this stressful situation.

There are a lot of “what if’s” that happen after an accident; people go into panic mode with worry.

What if the police report is not written accurately according to your point of view, what if the accident is not handled correctly, what if my insurance refuses to pay, and what about my medical bills?

Perry & Young are here to answer all your questions and concerns and by representing you we will make sure that you do not have to worry about the “what if’s”.

Here is the top list of things that you should never do after falling victim to someone else’s negligence.

  1. Not Calling the Police

If you are involved with another driver and are involved in an accident always call the police especially if there are any damages to your property. Injuries do not always show their face until later and a police report will assist you in obtaining medical care at a later date. It is always better to be safe than sorry. The police are there to assist you in collecting important evidence and determine the cause of the accident. This will be immensely helpful when it comes time to file your insurance claim.

  1. Not Taking Pictures

It is very advantageous that the majority of us have cell phones with us at all times because of the camera feature. It is a particularly good idea to take as many pictures as possible providing you are not seriously injured.  Take pictures of the accident, injuries, location, negligent parties license plate, any cameras that are on a building near the crash site, and skid marks. The pictures may come in handy for gathering information for the insurance company and possibly an attorney.

  1. Not Getting Witness Statements and Information

Many people fall short on obtaining witness names, phone numbers, and possibly a written statement. A witness statement might be the determining factor when a negligent party attempts to deny being at fault to avoid insurance and legal ramifications. It is not uncommon that a witness doesn’t have the time at the scene to write out exactly what they saw so it is perfectly fine to just get their name and number and contact them at a later date. It is best to try and obtain a written statement in a reasonable amount of time because the incident is fresh in their mind.

  1. Admitting Fault

Regardless of how you feel about “what happened” never admit fault after a car accident, even if you feel like you might have been a contributing factor. For example, you were changing the radio station while going through a green light and were hit by someone who ran the red light. Although it was not a good idea to be distracted by the radio ultimately the accident was not your fault. There are a vast range of emotions that flow after an accident and some people’s first reaction is to apologize- Do not do it for admits fault.

  1. Not Filing an Insurance Claim

Many people are concerned that their insurance will go up after an accident and do not file the claim. If you end up being responsible for the accident and there are expensive damages or injuries involved; filing with your insurance company can keep you safe from bankruptcy at a later date.

  1. Not Seeing Your Doctor

If you do not seek medical attention within 14 days, you could lose your PIP benefits that you pay for as part of your insurance premium. It is incredibly common for someone to “feel fine” after an accident and as time goes on, they notice spasms or strains in the body as a direct result of being in an accident.

Perry & Young can help you get the most from your insurance claim and assist you in obtaining the compensation that is due to you. Call us for a free consultation 850-215-7777 and also visit us on our Facebook Page.

COVID-19 and the Effects on Personal Injury Cases

COVID-19 and the Effects on Personal Injury Cases

As the coronavirus surges through the United States countless people will continue to be a victim and suffer injuries in car accidents, slip and falls, medical malpractice, personal injury, and defective products. The injured party still can bring a personal injury claim to fruition during the COVID-19 to obtain compensation for their injuries. Although, the methodical legal system has been altered a bit during this pandemic and as a result clients need to be aware of how this will affect their claim.

The court system being closed is one of the issues resulting in personal injury cases being delayed in their ability to go to trial. Although the majority of cases settle prior to going to trial it is quite common for the case to see at least one hearing in court. On a positive note technology is on our side and depositions, mediations, arbitration, or settlement negotiations are being implemented via teleconference in lieu of personal appearances.

Due to the financial hardships, the COVID-19 has caused for many individuals victims are wanting to settle their case sooner than they normally would have. Some have lost their jobs or receiving unemployment benefits due to the COVID-19 might be a decrease in pay and as a result, causing the client to feel financial pressure. Insurance companies and their adjusters might be inclined to use this situation to their advantage and offer an unrealistic settlement offer. This virus has caused a trickledown effect in respect to who is affected financially. It is probable that the insurance companies have taken a hit as well as their profits have diminished, and they may provide more resistance than usual when it comes to attempting to minimize a claim. If they cannot get you to settle too soon it will be probable that more cases, go to trial or at least see a longer litigation period.

Being that the majority of Americans have taken a punch to their pocketbook some have had to allow their insurance to lapse. With that being said there is more uninsured motorists on the roads. Victims that are faced with someone who does not carry insurance is less likely to recover compensation from the driver’s personal assets. That is why we should all review our insurance policies to make sure it includes uninsured/underinsured motorist policy.

Personal Injury cases require a victim to receive medical treatment as recommended by their healthcare providers in order to receive the compensation they deserve. This is the primary way to prove the extent of the victim’s injuries and cost. The Covid-19 has caused many of us to question even going to a doctor’s office, physical therapy facility much less a hospital for testing or treatments. Although this is a reasonable concern it is important for the sake of the victim’s health as well as vital to the case.

The Law Office of Perry & Young will aggressively represent you and protect your rights against efforts by insurance companies to minimize our clients’ financial losses and pain and suffering. Call us for a free consultation 850-215-7777.

 

Medical Malpractice and Prescription Errors

Medical Malpractice and Prescription Errors

Unfortunately, we MUST have an advocate with us when we enter a health care facility. Regardless if it is a doctor’s appointment, lab work, outpatient surgical center, hospital, or just everyday care from a practitioner. It is not safe to be a patient and not have a second set of ears with us to direct our care. When we do not feel well and entrust in another’s care for us; there is a certain amount of trust given and we should not extend that trust. It is just not safe to be a patient alone because there are many patients; nurses and doctors have lives that can’t help but affect their decisions and efforts, we should have someone we trust with us to keep us safe. The National Coordination Council for Medication Error Prevention considers a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm. As humans we know their intent is good and it takes an incredibly special person to be a healthcare worker/advocate; however, we are human and mostly we mean no harm. Regretfully, humans take on too many responsibilities and errors do occur. Even though they are not intentional, it happens. Therefore, there are consequences because families are affected.

There are many reasons that Prescription errors occur:

  • Failure to properly read the doctor’s handwriting
  • Putting the wrong prescription into the pharmacy computer
  • Dispensing the wrong medication
  • Dispensing the wrong instructions on the medication
  • Failing to detect new medications adverse interaction with existing medications
  • Medication administration errors
  • Entering inaccurate or incomplete information about the patient

There are several people who can be held liable for the prescription error. It could be the doctor who wrote it wrong or his/her handwriting may not be legible. It is more common that there is inaccurate dosing. Too much or too little of a drug could cause grave harm to a patient. Prescribing a drug for an accurately diagnosed condition is the ultimate goal, however, to prescribe a drug for a misdiagnosed condition could cause permanent damage and possibly death. In a hospital or a nursing home, the majority cause of prescription errors is by the nurses and staff. Incorrectly administering of medications is the leading cause of overdoses in these facilities. Different medications must be administered in certain ways. Such as if a drug needs to be given by a shot in a specific location, it is the nurse that must administer the medication properly. Giving a shot in the wrong location or wrong method is considered negligent and the licensed nurse will be held liable.

 

Medical malpractice law in Florida is complicated and strictly specific. Proving medical negligence is difficult.  The litigation process is exceptionally long, and the compensation is very costly. The Law Office of Perry & Young has over 70 years of experience and we will strive to ensure that you receive full and fair compensation. Call us or contact the law firm through our email site for a free consultation. https://perry-young.com/  850-215-7777

What The Florida Stay At Home Order Allows & What it Does Not

What The Florida Stay At Home Order Allows & What it Does Not

So what exactly does Gov. Ron DeSantis’ stay-at-home or “Safer At Home” order mean for Florida?

It defines what essential businesses and services remain open during the state’s COVID-19 response, and outlines what people are permitted to do outside of their homes if they practice social distancing. To see the complete order & find out what is an essential business and what is not, click the link below.

Florida Stay At Home Order

The order goes into effect at 12:01 a.m. Friday and expires April 30, but that date is subject to change.

For more on the governor’s previous and current executive orders, visit www.flgov.com/2020-executive-orders.

Keep in mind the stay-at-home order may be updated. As it stands now, you can:

  • Attend religious services;
  • Shop at grocery stores;
  •  Get medications from pharmacies;
  • Fuel up at gas stations;
  •  Wash clothes at laundromats;
  •  Care for or assist a loved one or friend;
  •  See the doctor, after calling ahead;
  • Take pets to the veterinarian, after calling ahead;
  •  Go outside to walk, jog, fish, hunt, swim, bike and participate in other recreational activities as long as people don’t gather in groups of more than 10 and stay at least 6 feet apart.

You’re not allowed to:

  •  Visit or work in a place that’s not an essential service;
  • Gather in groups of 10 or more people, or be closer than 6 feet to others;
  •  Visit family or friends socially;
  •  Visit someone in a nursing home, hospital or assisted living facility without contacting the service beforehand

Perry & Young is a nationally recognized personal injury, car accident, & commercial trucking accident law firm that has cultivated a reputation for our ability to successfully resolve even the most challenging cases. Over 35 years of experience, our award-winning team has secured multi-millions in numerous verdicts and settlements for clients across Florida, Georgia, Alabama, and all over the country. Learn more about our services, your potential case and rights, and how we can help by calling (850) 215-7777 for a FREE consultation.

Your Insurance Claims and Covid-19

Your Insurance Claims and Covid-19

It is safe to say that many businesses will close their doors in response to the pandemic we are currently experiencing. For some this will be temporary, whereas others will not be able to stay afloat while we wait for our world to function as it once did. The questions many business owners have go something like this: Will my insurance company protect me? Can the coronavirus constitute as property damage? If not, how will economic loss be handled by insurance companies? Am I covered under my business interruption policy?

Insurance policies are the most sold and least read document in the world. Think about that for a second. If you are like the majority of the population, that might have hit you pretty hard, especially when you consider the Coronavirus and how it is impacting every single one of us. If you are a business owner, that sentence might have even scared you in a time like today. Below we will lay out the types of things you should be wary of, and what questions your insurer needs to be able to answer for you. First, we’ll start with a little refresher.

For insurance to come into effect, there has to be an “event” which is a “covered loss” – these items are defined policy by policy. There are endorsements and exclusions – usually the endorsements and exclusions either limit the recovery or completely exclude the recovery for exposure or disease type of cases. Once you have that laid out, your policy will have different areas of coverage, the most common being building property loss, ancillary property (offsite or storage area), contents of building, and business interruption.

A coverage area we’re going to address in relation to Covid-19 is business interruption, is held by many small business owners – restaurants, bars, medical and dental offices. Recently, there have been stories circulating of restaurants asking for donations in the form of gift cards or Venmo payments so they can disburse them to their employees. In fact, a restaurant group in our county has done just that. So where does business interruption come into play? Unfortunately, some might not see it at all. For others, it might have a small cap at $25,000, which might not be enough to cover payroll over two weeks time, let alone two or three months. There could even be a sneaky provision that contains a waiting period before that coverage is triggered or available. It is clear here that policies vary widely, and it is your job as the policy holder to understand yours.

Businesses have found another hidden clause in their policies. If the business is shut down via a government or state order, does it qualify under a disaster or damage policy? It might be the case that a disaster is happening outside of the business, but the issue will be whether or not there was a disaster inside, or simply a state order requiring a shutdown. If rather, you have a Covid-19 positive employee, then the closure could be covered in order to properly disinfect the business. Then the problem becomes timeliness and how long it really takes to clean a business, which brings us to our next question.

How long this is going to last? Right now, we have no idea what the period of coverage will need to extend to. If your claim is accepted and you receive $50,000, will that be enough? If your area is seemingly untouched, it might. What if instead, your policy only covers the time it takes to to repair the damaged property. Insurance companies are likely to argue this is a quick process, simply wipe down and disinfect the establishment in a day. However, we know the virus persists in the area and is easily spread in the air, which should therefore extend the period of coverage.

It all comes down to the way policies are written. Insurance companies sell on the big print, “Business Interruption” and pay-out on the small print “Endorsement for Disasters.” As you can see, policies and their exemptions can vary widely. The verbiage alone can and will make the difference in an accepted or denied insurance claim. In the future, will we see an entirely new insurance policy specifically for viruses like this one? These are just a few things to think about. If you have questions about yours, give us a call today at 850-215-7777. One of our skilled attorneys will be happy to answer any questions you may have.

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We service Florida, Georgia, and Alabama in the areas of Personal Injury and Medical Malpractice. We have 4 offices locations throughout the Florida Panhandle and we are always available to travel to you.

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