Legal Insights Blog | Rader Law Group

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

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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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?

Rader Law Group, LLC

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

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I Was in a Minor Accident… Do I Still Need to Hire an Attorney?

January 24, 2023

You were a few short blocks from home when a distracted driver hit the back of your car. They were traveling slightly above the speed limit, and at the time of crash, it appeared that nobody was injured and the cars had just some damage. Nonetheless, you called the police, filed a police report, and went home after the ordeal. Since you feel fine, do you need to call an attorney? Can you just call the insurance company, make a claim for your damaged car and put this behind you? If and when the insurance company offers you a small sum of money for your troubles, so you “can get yourself checked out,” should you accept it? While, yes, you could do that, it’s not in your best interest and may cost you significantly in the long run.

While you may think you are uninjured, it may be that your injuries have not shown up yet. After a scary event like a car crash, your body experiences an adrenaline rush which can mask the symptoms of an injury. In the hours and days after the crash, you may start to feel some aches, pains or other symptoms of your injuries. This is especially true for “invisible injuries” like soft-tissue injuries, whiplash, muscle sprains and strains. Additionally, some injuries, such as concussions or traumatic brain injuries (TBIs) may take days or weeks to reveal themselves. By contacting an attorney soon after the crash, you will have the benefit of their advice on when and how you should seek medical care if you don’t have immediately obvious pain or injuries.

Once you speak with an insurance company and accept a nominal settlement offer, you cannot come back, ask for more or say you did not get enough. You will be forced to pay for any future necessary medical care on your own. By having an experienced personal injury attorney advocate on your behalf, you have a far greater chance of securing just compensation, full and fair reimbursement for all your harms and losses, not just for your medical bills, but also for lost wages, future loss wages, job retraining, pain and suffering, and mental anguish. Non-economic damages (pain and suffering and mental anguish) are nearly impossible to secure if you try and take on the insurance company yourself. Only an injury attorney who understands your rights and who knows how the insurance companies operate can maximize the likelihood of being able to collect these damages.

Hiring an attorney to manage your claim also puts the insurance company on notice that you are serious about wanting the compensation you are due. They know that you have a professional on your side who will not tolerate lowball offers and will fight for you to receive justice.

If you were involved in a minor accident, you have nothing to lose and everything to gain by contacting an expert car crash attorney, like Rader Law Group. We offer free case consultations and only charge a fee if we settle your case or win a verdict in court. Call us today to learn your rights.

Rader Law Group, LLC

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

References Used:
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
National Highway Traffic Safety Administration. Motorcycle Safety: Helmets, Motorists, Road Awareness | NHTSA. Accessed November 10, 2022.
The Florida Department of Highway Safety and Motor Vehicles. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed November 9, 2022.
National Highway Traffic Safety Administration. 1.1 Universal Motorcycle Helmet Use Laws | NHTSA. Accessed November 9, 2022.
The Florida Legislature. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed November 10, 2022.

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Case Verdict – Auto Accident Case Involving Spinal Injuries

January 12, 2023

Rader Law Group Attorney Howard Weitzner made the start to the new year a successful and happy one for two of his clients, obtaining the full insurance policy limits for each of them in their respective auto accident cases this week. Though every case we handle is unique and we tailor our approach to meet the individual needs of our clients, there were some important similarities that these two cases shared.
In each of these cases, our clients suffered injuries to their spine requiring what is known as interventional pain management. In simpler terms, after undergoing some conservative physical and chiropractic therapy and having MRIs performed to determine the extent of their injuries, our clients received treatment from pain management specialists in the form of injections to help alleviate their back and neck pain.

Each client was also faced with the unfortunate situation where the at-fault driver, the tortfeasor, had no bodily injury coverage. This means that in both cases, the at-fault driver had no available insurance to reimburse our clients for their medical bills, lost wages, pain, suffering, mental anguish and other harms and losses. Fortunately, each client had the foresight to have their own insurance called uninsured motorist protection or UM. This is the automobile insurance one carries to stand in the shoes of the at-fault driver if he or she either did not have any or enough insurance to fully and fairly compensate an injured party in a car crash. When the other driver is uninsured, with UM, your insurance company will become responsible to pay those damages you incur as a result of the crash.
Here, after initial denials or paltry offers, Mr. Weitzner’s persistence and refusal to back down helped his clients obtain the full policy limits from their uninsured motorist carriers, giving them the justice and results they deserved. Mr. Weitzner provided each insurance carrier with the information and argument necessary to fully and fairly evaluate these claims, which settled without the need to file a lawsuit. One of the cases was settled in just over three months.

Rader Law Group, LLC

At Rader Law Group, we like to say that your justice starts here. We believe that our client’s path to a full and meaningful recovery begins with hiring competent, experienced and accessible legal counsel that they can count on and with whom they can have honest conversations. The ability to obtain justice, however, begins with having the right insurance coverage. In South Florida, some studies estimate that more than 1/3 of driver of uninsured, with even more being underinsured. We are in the midst of a true insurance crisis. When the at-fault driver has no insurance and our client does not have uninsured motorist coverage, there is often little if anything we can do. It is essential for South Florida drivers to properly protect themselves and their families by purchasing auto insurance policies with uninsured motorist protection.

To learn more about how your rights may be affected by different types of insurance, or to learn more about what to do after an accident, you can contact Howard Weitzner and the injury attorneys of Rader Law Group at 954-913-2273.

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Collecting Compensation for Your Bike Accident

January 6, 2023

One of the joys of living in the Sunshine State is biking year-round. Bicycling is an excellent way to exercise, travel in an eco-friendly manner, and enjoy Florida’s beautiful scenery. However, sharing the road with cars and trucks also presents dangers. Florida has the highest bicyclist fatality rate in the nation, with 1,428 cyclists killed between 2011-2020 . The Florida Department of Highway Safety and Motor Vehicles reported that from January 1 – December 1, 2022, there were 6,357 bicycle crashes in Florida, resulting in 5,982 injuries and 177 fatalities.

Bike accidents tend to occur in urban areas . Two of the most common types of bicycle accidents are left and right hooks. In a left hook, a driver makes a left turn, does not see the bicyclist in the bike lane coming from the other direction, and cuts off the bicyclist, causing them to collide with the car. A right hook accident is the same idea, but in this case, the bicyclist is traveling in a bike lane in the same direction as the car and the car cuts off the bike while making a right turn. Another common cause of bike accidents is when a driver parks their car and opens their door without looking, causing the bicyclist to crash into it. This can cause the cyclist to fly into oncoming traffic.

Unlike cars and trucks, bicycles offer their riders no protection, which can lead to serious injuries, such as spinal cord injuries, disfigurement, broken bones, soft-issue injuries, concussions and traumatic brain injuries. If you or a loved one have been a victim of a bicycle accident and suffered a serious injury, you are entitled to collect damages for your losses. What most do not know is that your car insurance, through the Personal Injury Protection (PIP) benefits, will cover the first $10,000 of medical bills and lost wages incurred from a bike crash. However, if you have been seriously injured, $10,000 won’t begin to cover your ongoing and growing expenses for care and treatment for your injuries.

That is where the personal injury law firm of Rader Law Group can help, by working with your medical providers and other experts to determine the value of your economic and non-economic losses. We will make a claim to the negligent driver’s insurance to cover your damages for current and future medical bills, mental and physical therapy, rehabilitation, nursing care, lost wages, pain and suffering, and mental anguish. At our personal injury law firm, we will tirelessly work to hold the at fault driver responsible and accountable for all the wrongs they have caused. When you work with Rader Law Group, if the insurance company won’t offer an acceptable settlement, we will fight the insurance company and their hired lawyers in court.

Rader Law Group is dedicated to seeking justice for victims who have been injured due to someone else’s negligence. If you are the victim of a bicycle accident, contact us today for a free, no-obligation consultation.

Rader Law Group, LLC

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

References Used:
NHTSA. Workbook: DV_FARS_PC (dot.gov). Accessed December 12, 2022.
FLHSMV. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed December 12, 2022.
NHTSA. Workbook: DV_FARS_PC (dot.gov). Accessed December 12, 2022.

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