SUV Rollover Accident Lawyer
In the United States, Sport Utility Vehicles (SUVs) are extremely popular. This is partially due to the fact that many Americans enjoy the heightened sense of security of driving a larger vehicle. Unfortunately, SUVs are not as safe as many believe. In some cases, SUVs are recalled due to production defects. Additionally, SUVs tend to be more prone to rollover accidents because their roofs tend to be higher which in turn raises the cars center of gravity. Another common issue is that drivers tend to drive faster in SUVs because they feel safer in a larger vehicle. There are many reasons why SUV car accidents can be extremely dangerous. As a result, SUV accidents tend to cause injuries that are substantially more severe than in other car accidents. For instance, in SUV rollover crashes, it is common to see victims sustain brain injuries which can have long lasting effects on victims and require extensive medical treatment.
Rollover Injuries Can Be Brutal
If you are involved in a rollover accident in an SUV, it is very possible that you may sustain grave injuries. The likelihood of suffering catastrophic injury or fatal injuries is exponentially increased when a passenger or driver is thrown from the vehicle during the accident. Some of the most common injuries sustained in SUV rollover accidents include:
- Internal bleeding
- Spine Cord Injuries
- Back Injuries
- Brain Injuries
- Cuts and Bruising
- Broken Bones
- Concussions
- Traumatic Brain Injuries
- Neck Injuries
The Auto Manufacturer Could Be Negligent
If you or someone you love sustained an injury in a rollover accident due to a defective or malfunctioning feature, design, or part on your SUV, you have a right to file a lawsuit against the auto manufacturer, distributor, or retailer of the SUV in addition to the company who manufactured the defective part. Essentially, you are able to hold many different parties accountable for your injuries. In the state of Florida, auto manufacturers of defective auto parts are held strictly liable for injuries caused by those products. An injured victim may sue on several different theories of liability including a cause of action based on a manufacturing defect, a design defect, or failure to warn. If you or a loved one were injured in a SUV rollover accident because of a defect or malfunction, you have a legal right to recover compensation for your injuries and losses.
Identifying All Responsible Parties
In order to resolve issues concerning liability, it is important to conduct an investigation of the accident including any issues concerning auto defects, road conditions, vehicle damage, weather conditions among many other factors that may have caused the rollover accident. For instance, many SUVs on the market today have poor roof construction. In the event of a rollover accident, the roof of some SUVs may collapse on itself causing serious injuries or even fatal injuries to its occupants. Another issue that may arise is that if there are several different parties that may have contributed to an accident, it is generally advised that you identify and then notify each party that caused the accident to make sure to have a record of putting them on notice of your claim or potential lawsuit.
Valuing Your Personal Injury Claim
Figuring out the value of any car accident claim is a skill. First of all, in most personal injury cases, you shouldn’t engage in settlement discussions until you’ve reached a point in your recovery where your condition is not likely to improve much more or where your injury or condition is permanent. This is because the value of your claim can drastically change if additional medical treatment or surgeries are still required as part of your ongoing medical treatment. However, there are some exceptions. For example, if the at-fault party doesn’t have adequate insurance coverage available to cover the costs of all of your medical treatment, you may choose to settle the claim with the person’s insurance company for the full policy limits and then proceed to file a personal injury lawsuit against the individual to cover the difference. Once you are finished with this step, it is important to obtain any pertinent documentation including medical bills, information related to lost wages or income, and any medical evaluations or records. The most skillful attorneys are able to use this data to present a compelling case to an insurance company or an attorney for the at-fault party in order to negotiate a settlement of your claim. Overall, here is a list of some of the most important factors that may be considered or factored into the value of your personal injury claim:
- Age and life expectancy of Injured Party
- Injured Party’s inclination to take the case to trial
- Cost of defending the personal injury case
- Cost of prosecuting the personal injury case
- Speed with which the personal injury case is likely to come to trial
- Available Insurance Limits
- Fault and liability of multiple drivers
- The assets of the at-fault driver
- Medical Assessment of the injured victim’s treating physicians
- Evaluations from Expert Witnesses
- Severity of Injuries and nature and extent of any scarring or deformity
- The applicable laws that apply to the case in Florida
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We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
Frequently Asked Questions
What is a personal injury demand letter?
As it pertains to personal injury cases, a demand letter is prepared by the injured victim’s attorney and provides a short description of how the accident occurred along with a summary of medical bills, expenses, and any lost wages being claimed up and until the time the demand letter is sent. Attorneys who take the time to create well organized demand letters have a considerable advantage over attorneys who send out boiler plate demand letters that lack detail. This is the best way to inform the adjuster about a client’s case and can often persuade an adjuster to settle to avoid a potential lawsuit.
What is considered a serious injury?
While there is no specific all-encompassing definition, a serious injury is generally an injury that causes a major disruption in an injured victims’ life. Some types of serious injuries include brain injuries, spinal cord injuries, amputations, disfigurement, loss of senses, or any other life-altering type of injury.
What is a Pretrial Conference?
A pretrial conference is usually scheduled at the discretion of the trial court judge and only occurs after a personal injury lawsuit has been filed. The purpose of a pretrial conference is usually to narrow the issues that will be argued at trial, attempt to see if there is a possibility the case gets settled before trial, and set up dates and deadlines for propounding discovery requests among other things.
What is no-fault auto insurance?
No fault automobile insurance means that after an accident, each driver’s insurance company will pay for medical treatment, bills, and lost wages up to a certain threshold without taking fault or liability into consideration.
