A Typical Personal Injury Lawsuit Timeline

A Typical Personal Injury Lawsuit Timeline

Have you suffered an injury through the actions of another person or entity? You might consider filing a personal injury lawsuit to hold them accountable. Many of those that have been injured don’t realize you have only so much time file a lawsuit from the date of injury. But how long will it take to see results if you do decide to file a personal injury lawsuit?

Keep reading for a quick breakdown of the typical personal injury lawsuit timeline so you know.

A Breakdown of the Typical Personal Injury Lawsuit Timeline

Are you interested in the personal injury lawsuit process? Here are the four main steps.

1. Hire a Lawyer to Negotiate Before Filing a Lawsuit
The first step in a personal injury lawsuit is to hire a lawyer to review your claim. They may try to settle your case with the accused party before filing the lawsuit. Most lawyers will not take on a case unless you have reached the point of maximum medical improvement (MMI), or when you’ve recovered as much as you can.

2. Filing a Personal Injury Lawsuit and Discovery
If your lawyer cannot negotiate a settlement, they will file the lawsuit and begin the discovery process. It is the process of collecting evidence to defend or refute a lawsuit.

Discovery involves the sending and answering of interrogatories as well as depositions. This can take between 6 months and 1 year.

3. Mediation and Negotiation
Once the discovery process ends, your lawyer will attempt to negotiate a settlement again. Your lawyer may try doing it lawyer-to-lawyer or through a court-appointed mediator.

4. Trial and Settlement
If you cannot come to an agreement during mediation, then your personal injury case will go to trial. The trial itself can last anywhere from a day up to a few weeks. It depends on how soon you can get your case before a judge and how many times it gets rescheduled.

After you reach a settlement agreement, you will receive your settlement funds in a lump sum or as a part of structured settlements. Talk with your attorney to figure out what’s your best option.

How Long Does a Personal Injury Lawsuit Take?
Once you understand the personal injury lawsuit process, you can estimate how long it will take for the suit to finish. Most personal injury lawsuits take anywhere from a few months up to a couple of years to resolve. That’s if no other problems prolong the process.

The three most common reasons a personal injury claim will take longer than expected are:

  • Difficulty proving liability and damages
  • Cases that involve a large amount of money
  • The plaintiff has not reached the point of MMI

If you know your case will involve any of these issues, expect it to take a least 6 months longer than a standard personal injury suit. Dealing with a lawsuit is never easy, especially when you’re hurt. Hire an attorney that is well equipped with the experience and reputation you need to get the results you deserve.

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.

Original Source

Self Driving Uber Cars Involved in 37 Crashes Before Killing Pedestrian

Self Driving Uber Cars Involved in 37 Crashes Before Killing Pedestrian

An Uber self-driving test vehicle that struck and killed an Arizona woman in 2018 was found to have software flaws, according to what the National Transportation Safety Board said Tuesday as it disclosed the company’s autonomous test vehicles were involved in 37 crashes over the prior 18 months.

NTSB may use the findings from the first fatal self-driving car accident to make recommendations that could impact how the entire industry addresses self-driving software issues or to regulators about how to oversee the developing industry.

The board meets Nov. 19 to determine the probable cause of the March 2018 accident in Tempe, Arizona that killed 49-year-old Elaine Herzberg as she was walking a bicycle across a street at night.

In a report released ahead of the meeting, the NTSB said the Uber Technologies Inc vehicle had failed to properly identify her as a pedestrian crossing a street. The accident prompted significant safety concerns about the nascent self-driving car industry, which is working to get vehicles into commercial use. In the aftermath of the crash, Uber suspended all testing and did not resume until December in Pennsylvania with revised software and significant new restrictions and safeguards.

A spokeswoman for Uber’s self-driving car effort, Sarah Abboud, said the company regretted the crash that killed Herzberg and noted it has “adopted critical program improvements to further prioritize safety. We deeply value the thoroughness of the NTSB’s investigation into the crash and look forward to reviewing their recommendations. The NTSB reported at least two prior crashes in which Uber test vehicles may not have identified roadway hazards. The NTSB said between September 2016 and March 2018, there were 37 crashes of Uber vehicles in autonomous mode, including 33 that involved another vehicle striking test vehicles.

In one incident, the test vehicle struck a bent bicycle lane post that partially occupied the test vehicle’s lane of travel. In another incident, the operator took control to avoid a rapidly approaching vehicle that entered its lane of travel. The vehicle operator steered away and struck a parked car.

NTSB said Uber conducted simulation of sensor data from the Arizona crash with the revised software and told the agency the new software would have been able to detect the pedestrian 88 meters (289 feet) or 4.5 seconds before impact. The car’s system would have started to brake 4 seconds before impact. In the actual accident, the test vehicle did not correctly identify the bicycle as an imminent collision until 1.2 seconds before the impact. It was too late for the Uber car to avoid the crash.

“The system design did not include consideration for jaywalking pedestrians,” NTSB said.

The Uber car also initiated a one-second delay of planned braking while the vehicle calculated an alternative path or the safety driver could take over. Uber has since discontinued that function as part of its software update. NTSB during its investigation it “communicated several safety-relevant issue areas (to Uber) that were uncovered during the course of the investigation.”

In March, prosecutors in Arizona said Uber was not criminally liable in the self-driving crash. Police have investigated whether the safety driver who was behind the wheel and supposed to respond in the event of an emergency should face criminal charges. Police have said the crash was “entirely avoidable” and that the backup driver was watching “The Voice” TV program at the time of the crash.

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.

Original Source

What To Do After A Car Accident

What To Do After A Car Accident

Key Things You Need to Know If You Have Been Involved In a Car Accident

  1. Always stop if you are involved in an accident, this is your legal obligation. Even if you do not think there was any damage, any time you collide with something, you need to stop your car and check damages to property and/or people.
  2. Never admit responsibility for the accident no matter what. Your insurance policy is a contract, and your contract for your insurance with your car insurance company states that you must not assume responsibility or liability under these circumstances. If you expect the insurance company to take care of your claim, let them do the talking.
  3. Determine the Extent of Damage or Injuries. Check to see if anyone needs urgent medical care. If you can, try not to move the vehicles unless they are causing a major problem with traffic. If possible, wait for the police before moving anything.
  4. Contact the Police. Even in a minor accident, it is important to make sure there is a legal accident report. Read more about how to file a police report when you have a car accident in the article “Your Accident and the Police”.
  5. Limit Your Conversation about the Accident with the Other Party. It is important to limit your discussion of the accident and not to admit any fault or liability. You should only talk about the accident with the police, medical professionals and your insurance representative.
  6. Get the Facts of Your Car Accident. This is the part most people know to do but often forget due to the stress of the accident. It is important to get names, addresses, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don’t just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not just the license plate number.
  7. Use Your Mobile Phone to Take Photos at a Car Accident. With most people having access to mobile phones, and cameras on the mobile phone, as well as insurance companies allowing you to submit claims information using apps or email, you may consider taking photos. This is especially useful for property damage images, images of the positioning of the cars, where they were on the street, etc.
  8. Contact Your Lawyer then your Insurance Company. Call your attorney before calling your agent or insurance company’s emergency claims number. If you can call them from the scene, it may be even more useful. Sometimes a police officer can give your attorney information that may be helpful.  When contacting your insurance company make sure your attorney knows.  Do not sign anything with your insurance company before talking with an attorney.  The insurance company may ask you questions that can be used against you at a later date.  If you tell them today you are not injured they may deny any future medical claim.  You have 14 days to seek medical assistance after a car accident. It is always best for those in the accident to be checked out ASAP and at the very least within that time period.  Your attorney will be your voice with the insurance company.  Let them do the talking for you.

Perry & Young is a nationally recognized personal injury, medical malpractice and property damage 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 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.

Toyota recalls 1.7 million cars over air bags

Toyota recalls 1.7 million cars over air bags

Toyota Motor Corp’s logo is pictured on a car in Tokyo, Japan, November 8, 2016. REUTERS/Kim Kyung-Hoon

Toyota recalls 1.7 million vehicles worldwide over air bag inflators

By David Shepardson

WASHINGTON (Reuters) – Toyota Motor Corp (7203.T) said Wednesday it is recalling another 1.7 million vehicles worldwide for potentially faulty Takata air bag inflators as part of a multi-year industry recall campaign announced in 2016.

Automakers are adding about 10 million vehicle inflators in the United States to what was already the largest-ever recall campaign in history. Last week, Ford Motor Co said it was recalling 953,000 vehicles worldwide for Takata inflators. Previously, 37 million U.S. vehicles with 50 million inflators were recalled and 16.7 million inflators remain to be replaced.

At least 23 deaths worldwide have been linked to the rupturing of faulty Takata air bag inflators, including 15 in the United States.

Toyota’s new recall relates to vehicles from the 2010 through 2015 model years, and includes 1.3 million vehicles in the United States.

More than 290 injuries worldwide have been linked to Takata inflators that could explode, spraying metal shrapnel inside cars and trucks. In total, 19 automakers are recalling more than 100 million potentially faulty inflators worldwide.

To date, 21 deaths have been reported in Honda Motor Co (7267.T) vehicles and two in Ford vehicles. Both automakers have urged some drivers of older vehicles not to drive them until the inflators are replaced.

The defect led Takata to file for bankruptcy protection in June 2017. In April, auto components maker Key Safety Systems completed a $1.6 billion deal to acquire Takata. The merged company, known as Joyson Safety Systems, is a subsidiary of Ningbo Joyson Electronic Corp (600699.SS).

Automakers in the United States repaired more than 7.2 million defective Takata air bag inflators in 2018 as companies ramped up efforts to track down parts in need of replacement, according to a report released last month.

Copyright and Reporting by David Shepardson, Editing by Franklin Paul and Bernadette Baum

Perry & Young is a nationally recognized personal injury, medical malpractice and property damage 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 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.

Car Accident In Florida? – What Does It Mean For You

Car accidents are the leading cause of death and serious injury in the state of Florida. According to the Florida Department of Highway Safety and Motor Vehicles, speeding and careless driving are two of the leading reasons auto accidents occur. Analyzing the cause of an accident—and the way in which a car crash happened determines who is liable for any wrongful death or personal injury claims.

PIP benefits are there When Car Accidents Happen

Florida’s No-Fault Law provides for Personal Injury Protection, or PIP benefits for the payment of medical benefits resulting from an auto accident. All car owners are required to have PIP to have their medical bills paid up to the PIP policy limits, up to $10,000.00 or $2500.00 if there no determination of an emergency medical condition, if a Florida accident occurs – regardless of whose fault the accident is. The goal of having PIP insurance is to help injured victims get the medical treatment they need within 1 days of the accident without having to wait for their case to settle.

In order to qualify for the full $10,000, there must be a finding that the patient has an emergency medical condition. If there is no finding of an emergency medical condition, the patient can only claim up to $2,500 in medical fees. An emergency medical condition (EMC) is defined as a:

  • Serious jeopardy to a patients health
  • Serious impairment of everyday bodily functions
  • Serious dysfunction of any bodily organ or part due to the accident

There is no preset list of injuries that automatically meet the requirements so it’s up to the treating doctor to make the determination of an EMC, though the insurance company’s doctor can challenge this finding.

Common kinds of auto accidents

An experienced auto accident attorney will look at the nature of the auto accident to determine who should be held liable—the owners of the vehicles, manufacturers, and other entities may be at fault in some cases. The way in which the accident happened also indicates which injuries are likely to occur. Majority of South Florida car collisions fall into one of the following categories:

Rear-end car accidents. This is where a car in the rear fails to slow down in time and strikes the back of the car in front of it. In most cases, the driver and owner of the rear car are almost always liable for the injuries that occur. Injuries that are considered soft-tissue, such as whiplash, are a common result of a rear-end collision.

Head-on collisions. This happens when one vehicle strikes another vehicle head-on so that the fronts of both cars collide together. This usually occurs because one vehicle is in the wrong lane. The driver may be going down a one-way street the wrong way, may be intoxicated or may have become distracted while driving due to various reasons. Head-on crashes are often fatal in most cases.

Side-impact crashes. These type of crashed are also called a T-bone crashes because the cars collide in the shape of the letter T. These accidents often happen at intersections due to running a red light or a stop sign. The occupants of the impacted vehicle often suffer very severe and permanent injuries.

Sideswipe accidents. This usually happens when one motor vehicle veers into the lane of another car or fails to merge properly, striking the car in the same lane. Vehicles that pass improperly can also cause a sideswipe.

Auto rollovers. Vehicles that are going too fast, taking a turn to quickly, or are part of multi-vehicle crashes can easily roll over. This type of accident usually results in the death of the occupants or causing catastrophic injuries. Certain vehicles, such as jeeps and sport utility vehicles, tend to roll over due to their higher center of gravity.

Multi-car crashes. These accidents are usually complex because the path of each vehicle before and after the impact can be hard to determine in some cases. The cars involved may be struck more than once. These cases involve multiple plaintiffs and multiple defendants.

Single-car accidents. Majority of these accidents may be caused by product defects. However, if the driver is at fault, the passengers do have a claim against the driver.

The manner in which the accident occurred is often determined with the help of the police and an investigation of the accident site, the vehicles, and by speaking with all relevant witnesses. Sometimes, professional experts are used to determine how the wreck occurred.

Why is texting the most dangerous form of distracted driving?

Whether driving or being a passenger, the chances are likely that you have ridden with a distracted driver or drove distracted yourself. Distracted driving is frighteningly common and results in thousands of injuries or deaths each year in Florida and across the country.

You may not even have to knowingly drive while distracted. A crying baby in the backseat, a spilled drink or an accident by the side of the road might catch your attention for just long enough to cause an accident. However, there is one form of distraction that requires a choice on your part, and which you should definitely choose not to participate in – texting and driving.

It is important to understand the three types of driving distractions. They include the following:

  • Cognitive – This is a form of distraction that takes your mind off the road. Daydreaming, talking to passengers or yelling at other drivers are all forms of cognitive distraction.
  • Visual – Visual distractions take your eyes off the road. They can include turning to look at passengers while talking, gazing at scenery or your attention being caught by something near the roadside.
  • Manual – Manual distractions involve taking your hands off the wheel or your feet off the pedals. Eating while struggling to maneuver the steering wheel is a classic example of a manual distraction.

Texting while driving is serious because all three types of distractions come into play. When you use your phone to read or compose a text, you take your eyes off the road, one or both hands leave the wheel and your mind focuses on the act of reading and sending a text rather than concentrating on the task of driving.

The advice regarding texting and driving is simple and straightforward: Do not do it. If you must read or send a text or email, wait until you reach your destination or pull over before picking up your phone. By making smart decisions regarding distracted driving, you may save lives, including your own.

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