Miami Injury Lawyer

I had the pleasure of visiting my in-laws in Lincoln, Nebraska recently to celebrate their 50th Anniversary. During our visit, we stopped by an equestrian center operated by a family friend. The kids and I had a chance to ride Granddad's beautiful mare, Marion. My wife, a former equestrienne, has always been impressed with Marion's disposition and she would trust a small child to ride her.

Before I climbed on, I noticed a sign reciting the Nebraska equestrian statute that essentially said, "if you get on a horse in Nebraska and get hurt, you cannot sue anyone." We all chuckled as I posed for the picture, and I noticed that Marion had a saddle that was much different from the type of saddle I was used to.

I awkwardly shifted my weight backward, just as the photo was being taken, throwing Marion off balance. She struggled to regain her footing and, in a flash, I was in the dirt. Luckily, it was a soft landing and I have a hard, helmeted head. No harm was done, other than to my ego. After a short explanation on how to balance myself in this type of saddle, I got back on Marion and we had a good time riding around the ring. What does this have to do with Cohen Law Offices or you for that matter?

Most everyone has ridden a horse or pony at a birthday party, carnival, summer camp, or on vacation. What would happen if there was an injury? Florida has a similar equestrian statute to Nebraska's, and in general there is no liability for an injury or even the death resulting from the inherent risks of equine activities. There are limited exceptions to this "no liability" rule. For example, if the equine specialist knew a saddle cinch strap was broken but used the faulty saddle anyway, or if the equine specialist failed to determine the ability of the participant to engage in the activity, there may be a claim.

This is just one many examples of laws that limit, prevent, or dictate how and when an injury claim is brought. At Cohen Law Offices, we specialize in bringing injury claims. We have years of the expertise navigating the laws that affect your case. We do this every day. We are stubborn, even hard headed in our efforts to help accident victims and their families. You know if I get thrown, I will get back on the horse, literally.

Judson Cohen, Partner, Cohen Law offices, P.A.

1. Do I have to call the police after an accident? There is no law that requires you to call the police after an accident, unless someone is injured. If there is visible damage to either car, or if anyone is injured, you should call the police and make a report.

2. Does it matter who receives the ticket? A ticket does not determine who was at fault. In fact, a ticket cannot be used as evidence at a trial to determine fault. The person who receives the ticket is often at fault, but not always. In many instances fault is shared among two or more drivers. With that said, as a practical matter, insurers often make initial decisions on who should pay for damages based on who received the ticket.

3. Who pays for damage to my car? This depends on your insurance and who was at fault. If you caused the accident, your only option is your own insurance. If the accident is your fault and you have no collision coverage, no one pays for your car. If the other driver is at fault, you can use their insurance. If you have collision coverage and the other driver is at fault, you can choose to use your insurance, or the other driver's insurance.

4. Who pays my medical bills? That depends on who was at fault and what insurance you have. If you own a car, you are legally required to have Personal Injury Protection (PIP coverage). This car insurance pays 80 percent of your medical bills up to the PIP limit. This coverage will pay no matter who was at fault, that is why it is sometimes called "no-fault" coverage. If your bills exceed the PIP coverage, other available insurance such as Medical Payments coverage, Workers Compensation coverage or Health Insurance may cover some of those bills. Those types of insurance pay regardless of who was at fault. When your bills exceed available insurance, then fault becomes an issue. If the accident was your fault, these excess bills come out of your own pocket. If the accident was the other drivers fault, you have a claim against the other driver for the unpaid medical bills.

5. What does Personal Injury Protection cover? It covers 80 percent of medical bills and 60 percent of lost wages until the coverage limit is exhausted. It may also pay certain other expenses related to the accident, such as home help and travel expenses for attending doctor visits. The typical limit for Personal Injury Protection is $10,000.

6. Do I have a bodily injury claim? If the accident is your fault, no. If the other driver is at fault, maybe. A bodily injury claim is often referred to as a claim for pain and suffering. In Florida, you can only bring a bodily injury claim when you have suffered a permanent injury. A severe fracture, an injury requiring surgery, a bad scar and some soft tissue injuries would qualify. Soft tissue injuries, such as neck and back sprains, are more difficult to prove than a fracture or scar, but they may still qualify as a permanent injury.

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