Legal Insights Blog | Rader Law Group

Case Verdict – Bodily Injury Claim

April 4, 2023

Howard Weitzner, an attorney with Rader Law Group, recently resolved the bodily injury claim of his injured client in just over one month. Our client, a young professional in Orlando, was hit in a significant T-bone crash while driving her infant daughter to school. She suffered injuries to her head, neck and back, requiring significant medical care and treatment. Mr. Weitzner and his paralegal assisted our client in finding the proper medical care and quickly obtained the supporting records and bills which were promptly sent to the defense insurance company in the form of a settlement demand. The insurance company tendered its available policy limits of $50,000.00 just two weeks after receiving that information.

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I Tripped and Fell at My Vacation Rental … How Can I Get Compensation for My Injuries?

March 23, 2023

You’ve been looking forward to your vacation for months. Maybe you’re treating your extended family to a weekend away, attending a destination wedding, or planning to sit back and relax by the beach without a care in the world. Like many travelers now, you rented a vacation home instead of staying at a traditional hotel or resort. When you were walking down the hallway in your rental home, you tripped on a torn carpet, fell down the stairs, and severely injured yourself. Not only is your vacation ruined, but you’re in pain, you can’t work, and medical bills are piling up.

Unfortunately, this situation is not unique. All sorts of dangers can lurk in a rental home, such as:

Loose floorboards
Broken railings
Faulty appliances
Faulty or out-of-date electrical wiring
Stair or deck collapses
Uneven walkways

If you have been injured at a vacation rental home, you may be entitled to collect damages for your injuries. This can include compensation for medical bills, medication, diagnostic imaging, physical therapy, lost wages, future lost wages, as well as pain and suffering.

To provide evidence to support your claim, it’s essential that you seek medical attention immediately after the injury. Make sure to follow all of your doctor’s instructions, such as taking your medicine and attending any rehab sessions that they recommend. You will need to prove that you have done everything you can to heal from your injuries.

It’s also important to photograph the scene of the injury as well as the injuries themselves, if they are visible. It can be useful to take a video of the scene and narrate what is being shown as you film. These steps can help prove that the dangerous situation existed in case the owner repairs the danger and denies it existed.

If the event occurred outside and a passersby witnessed the event, take down their email address and phone number so that they can provide information about what they saw which may be evidence if needed.

To collect compensation, you will need an attorney who specializes in premises liability. They must prove that you were legally on the property. Next, they will need to show that a dangerous condition existed on the property. Third, they must show that the owner either knew about the dangerous condition or should have known about it and that this dangerous condition is what caused your injury.

It’s bad enough that your vacation was ruined; don’t let a poorly maintained vacation home cause you financial ruin. If you have been injured in a vacation home due to the homeowner’s negligence, contact Rader Law Group today. We are experts in premises liability cases and will aggressively pursue the damages you are owed so you can receive justice for your injuries. Contact us today for a free consultation.

Rader Law Group, LLC

With decades and decades combined experience, the attorneys at Rader Law Group understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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How Long Does It Take to Settle a Claim for a Car Accident?

March 8, 2023

If you were seriously injured in a car crash, chances are you want to know how long it will take to receive compensation for your injuries. You need access to funds now: medical bills keep piling up, you may be out of work, you may be incurring costs for psychological care to overcome the trauma from the accident, you may even need to retrofit your home to accommodate a wheelchair or other medical equipment. Unfortunately, there is no easy answer to this question, it can range from months to years. Each case is unique and there is no “average” due to all the factors that impact this outcome.

What Are Some Factors that Determine Your Speed of Settlement?

Determining the Economic Costs of Your Injuries
Before your attorney can know how much to demand from the insurance company, they first have to know the extent of your medical treatment bills. This means that you need to have reached your maximum medical improvement (MMI) and be at a point in treatment that medical experts can foresee your future costs. If your injuries are severe, it can take time to reach this point.

We also must determine the amount of your lost wages or loss of ability to earn income. This can be done by obtaining critical documents from your employment, like pay stubs, time sheets or tax returns. Sometimes, experts like vocational rehabilitation specialists and economists may need to be hired to calculate this loss.

Determining Liability
The opposing party will not want to pay out for your injuries. Many will deny fault or claim that you are at fault in an effort to offset the amount they are liable to pay. Florida law uses comparative liability, which means that both parties can be at fault for the accident. Your attorney and the opposing side’s attorney will need to hash out how much each party is at fault for the accident before they agree to pay for your injuries. This can become even more complex in multi-vehicle accidents. One way to help expedite this process is to take detailed photos and videos at the accident scene, as well as ask witnesses for their contact information.

How Difficult the Insurance Company Is to Work With
Some companies are notoriously difficult to work with – taking as long as the law allows to respond, lowballing the cost of your injuries, and doing everything in their power to encourage you to walk away with less than you deserve. The attorneys at Rader Law Group know the art of negotiation and will not back down from fighting the insurance companies. In some cases, we are left with no choice but to take them to court and litigate the case. This can significantly add to the timeline for receiving your compensation.

Another factor to consider is the amount of potential insurance coverage. The size of the policy, compared to the potential value and size of your claim, can of course impact an insurance carrier’s thought process on how and when a claim should be resolved.

How Large a Settlement You Are Seeking
Smaller claims can often be resolved relatively quickly. The larger and more complex the claim, the harder and longer the opposing side will fight to lower it.

The attorneys at Rader Law Group relentlessly pursue justice for our clients, even if that means going to court. If you have been injured in a car accident, contact us right away to start the process for you.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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Don’t Do This! Mistakes That Can Harm Your Personal Injury Claim

February 21, 2023

As personal injury attorneys, we aggressively pursue justice for our clients and fight for them to receive all the compensation that they are owed. Sometimes, though, personal injury victims can unintentionally make mistakes that compromise their ability to receive damages for their injuries. If you have been injured due to someone else’s negligence and are pursuing or considering pursuing a claim against them for damages, keep these tips in mind:

Mistake: Not calling the police after an accident.
Better Solution: Always call 9-1-1 after an accident so the police can inspect the scene and write up a police report. The police report will be a key piece of evidence in your personal injury claim.

Mistake: Apologizing for a car accident.
Better Solution: Never apologize, even if you think you are partially at fault. This runs counter to many people’s human nature, but insurance companies and the courts interpret an apology as an admission of fault, which can invalidate your ability to collect damages. Instead of saying “I’m sorry,” a better choice would be “Do you want me to call for an ambulance?”

Mistake: Avoiding the doctor.
Better Solution: Seek medical attention right away, even if you don’t think you are injured. Your PIP insurance requires that you see a medical professional within 14 days if you want to pursue an injury claim. However, 14 days is a long time to wait – the longer that you wait to seek medical attention, the easier it will be for the opposing side to claim that your injuries were caused by something other than the accident.

Mistake: Missing follow-up doctor’s appointments.
Better Solution: Keep all follow-up appointments with your doctor, physical therapist, etc. and fill and take any prescriptions. This will provide evidence of your commitment to recovery.

Mistake: Chronicling your accident on social media.
Better Solution: Do not post anything about your accident on social media, even on private accounts. It’s also best to take a social media hiatus while your claim is in process. Even if you think a post is harmless, the other side could use it to try and show that your injuries are not as severe as you are claiming.

Mistake: Not disclosing the full truth to your attorney.
Better Solution: Your attorney needs accurate information to represent your case. If you have any pre-existing conditions, if there is any relevant history between you and the person who injured you, or if there is anything else that you are not sure if the attorney should know, make sure to tell them. If the other side digs up some information about you that your attorney is unprepared for, it could jeopardize your case.

If you have been injured due to someone else’s negligence, contact Rader Law Group right away for a free case consultation. We are one of Florida’s preeminent personal injury firms and are dedicated to protecting you.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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Protecting Your Business from a Negligent Security Claim

February 10, 2023

Business owners need to ensure that their customers are safe. From a sales perspective, if customers don’t feel safe at a business, they won’t want to come and patronize it. From a legal perspective, keeping customers safe helps minimize the risk of having to defend against a negligent security lawsuit.

Negligent security claims are a type of premises liability. Negligent security claims occur when someone is a victim of a crime on a business’ property. Some common examples of negligent security situations include:

A customer being assaulted or mugged in a parking lot
A customer being sexually assaulted in a bathroom at a business
An intoxicated person assaulting or committing a crime against another patron at a restaurant or bar
Someone shooting another person in a store

Many business owners may be surprised to learn that they can be held financially liable for crimes like these that occur on the business’ property even if those crimes were not perpetrated by the owner or their employees. The business could be required to pay for the victim’s medical bills, psychological therapy, lost wages, and pain and suffering.

If someone is a victim of a crime on a business’ property, they will need to prove:

The business had a duty of care to protect those invited onto their property, such as customers, suppliers, and others who are legally there.
The business breached that duty by providing inadequate security against a known or foreseeable danger. Common examples of inadequate security include lack of lighting in a parking lot, overgrown shrubbery that creates hiding spots for criminals, or a lack of security guards in a high crime area.
The breach of their duty of care is what led to the plaintiff’s injuries.

The best way to minimize the risk of a negligent security lawsuit is to minimize the risk of a crime occurring on the property. Some approaches to accomplish this are:

Installing bright lights in the parking lot
Ensuring adequate lighting inside the business
Removing or minimizing all shrubbery outside the parking lot and entrance
Hiring security guards and making sure they are actively monitoring their assigned spot
Installing security cameras and alarms and checking them regularly to ensure they are working properly
Clearly marking all exits and ensuring they are easily accessible and not blocked
Keeping minimal cash in registers and displaying signage that announces this
Conducting mandatory training for all employees on safety guidelines

Keeping customers safe is not only good for a business’ reputation, it’s also good for protecting against a negligent security claim. If you have been the victim of a crime at a business, call Rader Law Group today for a free consultation on your case.

Rader Law Group, LLC

At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.

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Golf Carts – Case highlights the need-to-know what insurance coverage you have.

February 2, 2023

In a nightmare scenario, on July 4, 2016 a minor drove a 1987 golf cart owned by her neighbor with four passengers on board and collided with a 2008 Dodge Caliber. The accident resulted in significant injuries to the passengers in the golf cart including one passenger who was ejected and sustained a brain injury. Those passengers then sued the minor (her parents) in Florida state court for their injuries, hospitalization expenses, disfigurement, and mental anguish. Geico insurance company, their automobile carrier with $10,000/20,000 coverage, provided a defense to the minor pursuant to a reservation of rights clause included in the automobile insurance policy. This means that Geico defended the case by hiring an attorney to represent the minor, but reserved the right to contest that the golf cart was covered under the insurance policy. The injured passengers prevailed to the tune of an $18 million judgment, and the state court entered a final judgment in excess of the policy limits.

Following entry of the state court judgment, Geico filed a declaratory action on April 11, 2020, to determine the rights and obligations of the parties under the insurance policy in Federal Court. The ruling in the case came down to the definition of the word “auto” in the policy. As the Court stated:

“Geico contends that the testimony of all other deponents is the same and that there is no evidence to find that an “private passenger auto” is anything other than a vehicle that has the “capacity to be driven legally and safely on public highways.” So, given that Florida makes it unlawful to operate a golf cart on public roads or streets unless they meet specific exceptions, Geico concludes that there is no coverage for the underlying accident.”

Initially, the district court agreed with this reasoning and sided with Geico but, in a startling reversal, the Federal appellate court on September 29, 2022 stated:

“The district court erred in granting the insurance company’s motion for summary judgment on its claim for declaratory relief because district court erred in determining that the golf cart did not qualify as a “private passenger auto” as defined in the insurance policy and that the policy did not provide liability insurance coverage for the accident for that reason. Reading in isolation, the policy definition of “private passenger auto” included golf cart as it was a four-wheeled, privately owned, passenger vehicle.”

Because the Court ruled that the golf cart was an “private passenger auto”, the case was returned to the lower court to determine whether Geico would now be on the hook for the judgment. Obviously, this is a complicated and evolving area of law and it takes attorneys of skill and experience to address these issues for their clients.

If you own or operate a golf cart, or allow your children to drive them, are you covered? If you’ve been in an accident while in a golf cart and your insurance company refuses to pay or protect you, do you know your rights?