Getting hurt in a car accident can throw your life into chaos. As you manage your growing pile of bills while attending doctor’s appointments, you’re also dealing with your family’s grief, fear, and losses. It should come as no surprise that gathering evidence and improving your personal injury case aren’t your top priorities.

If you wait too long, it is more likely that your evidence will disappear, reducing your chances of getting fair compensation for your injuries. In the aftermath of an accident, physical evidence is often crucial to determining fault. Negotiations and trials place a higher value on tangible objects than on testimony, which, in the best of situations, is notoriously unreliable and only gets less dependable over time. A properly documented and saved piece of physical evidence will not disappear, and it will provide objective evidence of the extent of the damage and can be used to establish fault. In addition to the dented car door or broken bike frame, victims will also want to preserve a picture of the road conditions at the time of the accident. For more information and tips on collecting important evidence from your accident, continue reading below.

How Does Evidence Affect the Case?

Getting the right result quickly after an accident depends on evidence. In some cases, it can even prevent you from going to trial. You’re more likely to get a fair settlement before trial if the other party acknowledges that you have a strong case. It’s possible that they will decide to roll the dice if they are not convinced you have built the evidence in your case in hopes of confusing the jury and paying you less than you deserve. You can preserve evidence in your Florida car accident claim with these tips:

• Write Down What Occurred: Your memory might be clear after an injury occurs. The details of something so meaningful can fade over time, even if you think you will never forget them. Moreover, you may find that an aspect you initially didn’t consider important ends up being crucial. Whenever you can, make sure to jot down all the details that come to mind. In order to build a meaningful case, your attorney will use the details of this account.

• Journal Your Injuries: After an injury, keeping track of medical appointments and bills can be a challenge. Your treatment plan, and your progress must be documented. Record your appointments, expenses, and pain levels in a journal. Be sure to keep a copy of every medical bill and benefit explanation. Don’t exaggerate your injuries or pain, but be forthcoming. You may need to keep this record in order to put together your case later.

• Don’t Wait: You lose evidence when you lose time. Even a short time from now, the accident scene may look very different. Often parties may want to change things quickly to hide valuable evidence. There is the possibility of witnesses moving away or forgetting crucial information. There are even time limits for pursuing your injury losses claim.
  You should start gathering evidence immediately for all of these reasons. The more evidence you can collect right away, the stronger your case will be. There is no such thing as too much evidence, and your attorney can explain how to gather the evidence necessary to support your claim.

Types of Evidence for Car Accident Claims

You will certainly want to seek compensation for injuries caused by negligence in a car accident. However, as a plaintiff, it is your responsibility to prove your case in a car accident case.

This means that you must prove all instances of negligence beyond a reasonable doubt. Therefore, you must prove that the at-fault party injured you because of their negligence rather than an underlying condition at the time of the crash. The following are the types of evidence needed for your car accident claim:

1. Photos and Videos: Probably the most important type of evidence for car accident claims is surveillance video and photographs of the accident scene. Using photos or videos will help you illustrate multiple details of the crash, like what caused the accident, who was to blame, conditions of the road, who was involved, etc. Therefore, you should take as many pictures of the accident as possible when it occurs. You should try to take photos and videos of virtually everything, from the state of the road and nearby traffic signs to vehicle damage and your injuries. Photos and videos, along with other types of evidence, will be crucial in your efforts to prove that the other driver breached their duty of care.

• Medical Records and Payment Statements: When it comes to proving your car accident case, medical records are vital. In any case, you must seek medical attention immediately following an accident, whether you have visible injuries or not. Be sure to record all the information associated with your medical appointments. Among these will be details about how you were treated, who you saw, and how much you paid (if any costs). Your medical records must also be provided to you upon completion of treatment. Diagnostic images such as MRIs and X-rays should be included. Also, gather all medical bills from every healthcare provider and receipts for medicines. The right medical records will show the extent of your injuries as well as the associated medical costs, thus justifying your settlement request and proving your losses.

• Witnesses and/or Driver Statements: In a car accident claim, witness statements usually prove to be the most reliable evidence. These images serve the same purpose as photos in clarifying who is at fault. Therefore, you must obtain the names and contact information of all witnesses if you are able to do so. A witness can provide valuable details about what took place before and after the accident, thereby revealing how the other driver contributed to it. An experienced Florida car accident attorney may also be able to locate expert witnesses if necessary. These individuals often play a critical role in proving the legitimacy of your injury lawsuit by reconstructing the accident.

• Police Reports and Other Official Reports: Immediately following a car accident, you should call the police. The law in Florida still requires you to report an auto accident, even if no one shows up, particularly if people are injured or property is damaged. Police reports must be acquired whether you file the report yourself or if they are called to the accident scene. Despite the fact that police reports may not be admissible in court (because of hearsay laws), they may be pertinent during a settlement negotiation. Moreover, it contains important information about witnesses, the officer’s conclusions regarding traffic violations, speeds, roads, etc. All of these can be useful in proving fault.

• Surveillance Footage: Traffic cameras can be installed in nearby buildings, stores, gas stations, and offices. When you know exactly where the accident that caused your injuries took place, you may be able to obtain surveillance footage to prove the other party was at fault. You should also keep in mind that this type of evidence must be obtained legally, a reputable Florida car accident attorney will be able to assist you.

• Vehicle Debris and Wreckage: When examining wreckage, you can establish various facts such as speed and direction of the oncoming vehicle(s). There may also be shredded tires or broken brake lines that indicate the manufacturer may be at fault. Ensure all wreckage and debris are secured, and hire an experienced car accident attorney to evaluate the evidence.

How a Car Accident Attorney Can Save Evidence

The best way to ensure all the evidence that will help you build your case is to hire an experienced car accident lawyer. With the help of a skilled attorney, evidence that would have otherwise been lost quickly can be preserved and documented using procedures that require extensive knowledge and expertise.

An attorney may use the following strategies to preserve evidence in an injury case:

• Recover Surveillance Footage. As mentioned earlier, surveillance footage must be obtained legally. Your attorney may be able to request and recover any footage from a surveillance camera before it is erased.
• Open Records Act.  Through the Open Records Act, any intersection with traffic cameras can provide footage to victims of accidents. While your lawyer is negotiating the red tape involved in recovering the footage, you can focus on your healing.
• Send an Anti-Spoliation Letter: Evidence that is damaged during a personal injury case needs to remain intact as evidence. An attorney can write a letter of anti-spoliation ordering the object in question to be preserved. A letter such as this should be hand-delivered or sent in a way that provides proof of delivery.

Contact Calandro Law in Riverview Florida

Whether you have suffered due to another’s negligence or just need help gathering evidence and demanding fair compensation, Calandro Law can assist. As experts in collecting time-sensitive, difficult evidence, our lawyers will do whatever it takes to find out what happened to cause your injuries. Contact us here to schedule a free case evaluation.

Whether you have been injured in a parking lot accident as a result of an unsafe property condition or due to a negligent driver, it is important to consider all of your legal options. If you have been injured in Florida, a knowledgeable injury attorney can formulate a strategy to protect your right to compensation.

It is possible to have a devastating accident in a parking lot. Property conditions are often the cause of these incidents. Owners of parking lots, for example, need to ensure that their parking lots are well-lit, free from serious potholes, have safe sidewalks, and are free of debris that can cause people to trip and fall. When they do not, people can suffer serious injuries, and often hold the property owners accountable. However, in some cases, parking lot accidents are also caused by distracted drivers who strike pedestrians while backing out of a spot or pulling into one. Whether your injury was caused by a driver’s negligence or human error, if you have been wrongfully injured in a parking lot accident, you need the assistance of an experienced lawyer. Continue reading to learn:

Common Types of Parking Lot Accidents in Florida

Who is at fault in a  Parking Lot Accident?

Who Has Right of Way

Florida Parking Accident Laws

What You Should Do After a Parking Lot Accident

Reporting a Parking Lot Accidents

 How to Avoid an Accident in a Parking Lot

Common Types of Parking Lot Accidents in Florida

The most common parking lot accident has to do with another vehicle’s door opening into another. If the responsible vehicle is still around, you can match those scratches.

Several other scenarios involving parking lot accidents are listed below:

• Your car collides with a car pulling out of a space as you drive by
• A shopper walking behind a car is struck by a backing car
• A speeding driver hits a pedestrian in a parking lot
• There’s a car that drives down the wrong lane in a parking lot

Suppose two vehicles are backing out of a parking space and collide end-to-end. What will happen? You may not realize how common this is. Parking lot end-to-end collisions (accidents caused when two cars back out into each other) occur frequently. A police officer may find it difficult to determine fault under these circumstances. According to the doctrine of negligence, drivers must both obey a duty of care to ensure that they are confidently operating their vehicles and are fully aware of where they are parked. As a result, the driver who begins backing out last is held responsible. The driver who backed out first would not be at fault.

When it is unclear which car led to the accident, the police officer on the scene will have to determine who is to blame by taking into consideration the context of events and the testimony of eyewitnesses. Though it doesn’t happen often, accidents may be considered no-fault if fault cannot be determined.

It is also common for drivers to collide with another vehicle while racing to park. In some of these accidents, the negligent driver is clearly to blame. Some others have “shared” responsibility. In such cases, it is vital to hire an experienced Florida car accident lawyer who can assess all the facts and determine who was at fault.

Who is at fault in a  Parking Lot Accident?

Florida’s rules of negligence govern parking lot car accidents. Someone who was negligent means that they could have avoided the collision with more care. According to Florida law, the person who could have prevented the accident if only they had acted differently should bear the blame.

If you want to determine fault, you need to evaluate the actions of each party in order to find out who acted negligently and caused the collision. It could be the driver or a pedestrian who is responsible.

• When thinking about whose actions led to the accident, consider the following:
  
  • Were either party breaking any traffic laws, such as reckless driving or drunk driving?
  
  • Did either side back out while cars or people were in the way?
  
  • Which party is at fault for speeding?
  
  • Were there any pedestrians who ran into moving traffic?
  
  • Does anyone appear to have violated the parking lot’s traffic rules?
  
  • Would anyone involved have been wise to look around a bit more before proceeding through the parking lot?
  
  • Did anyone cause harm intentionally?

Who Has Right of Way

Florida and most other states give the right-of-way to the cars in the through lanes of parking lots (those looking for exits or spots). To be safe, people in the parking spots must yield to the cars in the through lane.

Cars that back out into a through lane will almost always be held legally responsible when they collide with vehicles in the through lane. The responsible party is considered to be at fault. It is possible, however, that there can be exceptions.

Florida Parking Accident Laws

If you haven’t been in a car accident, you should still be familiar with Florida parking lot laws, since parking lots are usually the most common location of car accidents.
When you or a loved one is involved in a parking lot accident in Florida, you may find it useful to know the laws regarding such an incident. Listed below are just a few key points to keep in mind about parking lot accident laws in Florida.

Parking lots are considered private property in Florida. Because of this, parking lot accidents do not always follow the same laws that apply to accidents on public roads. Due to this, police may not respond to a parking lot accident in which no serious damage has been done.

Additionally, the law in Florida requires property owners to maintain parking lots since they are considered private property. In this case, the property owner must maintain the pavement, provide adequate lighting, and remove debris.

Florida is a no-fault state, meaning it uses the no-fault insurance system. An insurance policy that does not pay for the injuries or damages of others involved in an accident is known as no-fault insurance.

When a person sustains injuries exceeding the limits of standard Personal Injury Protection, fault is considered. To fully compensate injured parties, determining fault becomes important.

What You Should Do After a Parking Lot Accident

Injuries sustained in parking lots often do not allow the injured person to do anything except wait to be transported to the hospital. Nevertheless, if possible, make sure that you document the details surrounding your accident so you can submit them into your personal injury claim. It is important that you take these steps if you find yourself in a parking lot accident:

1. Call the police as soon as possible.
2. Take pictures of the unsafe conditions that led to your accident.
3. Obtain the contact information of anyone who witnessed the accident. Possibly, they will verify your claim at a later time.
4. You should seek medical attention even if you aren’t seriously injured. Certain injuries may take a few days to manifest themselves.
5. Make sure all medical records about your injury are available.
6. Hire an experienced personal injury attorney who can help determine how your accident occurred and file a personal injury claim on your behalf-and do so within four years of the date your accident occurred, as Florida’s statute of limitations pertains to personal injury claims.

Reporting Parking Lot Accidents

The law of Florida requires you to report an accident if the damages or medical costs exceed $500. The police might not respond unless there’s an injury requiring an ambulance. However, it is still necessary to exchange information with other parties involved in the accident.

It is important for the police to be involved if this is a “hit-and-run” incident. If necessary, report the incident to the shopping facility’s management. To help identify the fleeing driver, they might provide security camera footage.

 How to Avoid an Accident in a Parking Lot

There are many factors that contribute to car accidents in parking lots. Following a few safety protocols can help prevent these accidents:

• Park in an area that is well lit.
• Place any purchases you make in the trunk and avoid placing them anywhere that could distract you from driving safely.
• Before you start moving, make sure you’re ready to drive – don’t start fastening your seat belt while you’re driving; do it beforehand!
• Don’t speed in parking lots; take your time.
• Be careful to back out slowly – remember to give way to cars going through the parking lot.

If you are involved in a car accident in a parking lot, contact a lawyer as soon as possible.

Contact Us

Calandro Law’s attorneys have the skills and knowledge to provide legal guidance to clients in Florida. The legal process can be complex and complicated, which is why we offer each of our clients compassionate and efficient legal assistance. To schedule a consultation please contact us here.

Over time, mold can affect a person’s living environment, including their health and property. Those exposed to toxic black mold will often become debilitated by it the longer they remain in the apartment, house, or unit. Long-term exposure can cause serious health problems, which worsen as time progresses. The more exposure a person has, the greater the threat to their bodies. In many cases, the toxic mold is not discovered until the tenant suffers catastrophic damage such as respiratory harm, internal organ damage, or mental impairment. 

A lawsuit could result if toxic mold is discovered in your home, apartment, or other property, especially if there was a pre-existing issue with the building, or if there wasn’t proper cleanup after a flood or other issue. Speak with a toxic mold attorney to learn if you may be eligible for compensation after being exposed to harmful mold. This article covers the fundamentals of toxic mold lawsuits: who might be liable, what kinds of losses can be recovered, and why you might need to act as soon as possible.

What Is Mold? 

Mold is a fungus. It can be found almost anywhere in the environment, including the air. In general, low amounts of mold in the environment do not pose a serious health risk to healthy people. Black mold is not a specific mold – many molds are black. When people use the term, they may mean Stachybotrys chartarum, also known as Stachybotrys atra. No scientific studies have shown that S. chartarum is more hazardous than any other mold. 

In large quantities, mold may cause health issues in just about anyone if it is inhaled in large quantities. However, certain people may be more sensitive to mold spores, and they may develop respiratory symptoms after inhaling even a small quantity of spores. As such, mold growth in the home should be removed and steps should be taken to keep it from returning.

The Difference Between “Toxic Mold” And “Black Mold”  

Toxigenic molds produce toxins, specifically mycotoxins. As with other types of mold that can grow in your house, molds that produce mycotoxins may present hazards. 

Mycotoxins are not produced by all fungi, and even those that do will not produce them in all surface or environmental conditions. Mold growth, usually in the form of spots, can appear in a wide range of colors, and can smell musty. Color does not indicate how dangerous mold may be; it should be removed and the source of moisture that encouraged its growth should be removed. 

The reported health effects of toxic molds within homes are rare, such as pulmonary hemorrhage and memory loss. In these reports, the presence of toxigenic mold has not been proven to be the cause for these conditions.

The Symptoms Of Black Mold Exposure 

The growth of mold is most common in moist areas, including bathrooms, around windows, near pipes, and anywhere there has been flooding. The fungus can grow on a wide range of surfaces, including cardboard, wallpaper, carpet, and drywall. 

Obvious signs of mold can include black stains on the wall as well as mushrooms growing out of the carpet.Mold problems are often only discovered when people begin to experience health issues. As a result of mold exposure, you may experience: 

• Nose congestion 
• Wheezing 
• Rashes 
• A flare-up of asthma 
• Feeling short of breath 
• Coughing

Mold can trigger upper respiratory issues in people who are more sensitive to it. You are more likely to develop serious health problems if you are exposed to mold for an extended period of time, including organ damage and mental impairment. 

Check your property for mold if you experience allergy-like symptoms or what feels like a persistent cold. In the event that mold is present and has caused significant damage to your health and/or your property, you may be able to sue your landlord for damages.

Black Mold And Your Landlord’s Responsibilities 

It may be possible to file a lawsuit against anyone who has caused or contributed to the presence of toxic mold in your home or other property if you or a family member have suffered health problems or property damage due to the presence of toxic mold. 

You might have the option of filing a personal injury lawsuit, a property damage claim, or even a professional malpractice claim, depending on the specifics of the situation. 

Let’s see who might be liable for toxic mold harm: 

• Renters can sue their landlord or property manager for health problems and damage to personal property caused by mold exposure. Renters’ insurance can also cover property damage. 

• You may be able to sue a previous owner for most categories of losses after buying an existing home, but typically only if they knew about a defective property condition that led to a mold problem, were required to disclose the defect, and failed to do so. 

• It could be the architects, builders, and contractors who violated building codes, did not obtain appropriate permits, or used faulty materials that contributed to toxic mold in a newly-built home. The suppliers of any faulty or faulty building materials could additionally be liable. 

• Suppose you had toxic mold in your house after a flood, hurricane, or other disaster, and you hired a company to clean and repair it. The negligent company might be liable. 

• A homeowner’s policy, renter’s policy, or health insurer policy may provide coverage for mold damage, or health problems caused by exposure to mold. You may be able to sue the insurer if it takes too long to decide whether a mold-related claim should be paid or if it denies a mold claim in bad faith (arguing that coverage for mold is excluded, for example).

What  Kind Of Losses are Covered?  

In a lawsuit stemming from toxic mold, the compensation categories (and amounts) that may be available may differ considerably depending on the particular facts of the case.  

• A mold inspection and a price estimate are needed to assess the extent of damage and determine the cost of remediation. 

• Resolve the issue and eliminate hazardous mold by making structural repairs, performing new construction or contracting work, as well as undertaking other remediation-related measures. 

• Replacing damaged household items 

• Housing costs during the repairs or for any period where the residence is not habitable 

• You will be reimbursed for any medical treatment needed as a result of mold exposure (including ongoing testing and monitoring) provided you can prove that the exposure is linked to your health issues. 

• Lost income due to health problems caused by mold 

• If applicable and available, compensation for pain and suffering, anxiety, and/or emotional distress.

Steps To Take If You’ve Been Exposed To Black Mold 

As soon as you suspect your house has been contaminated by mold, it is imperative to have it tested. Take these immediate steps: 

• Take Photos and Video: You should immediately take pictures and video of water damage, property damage, and anything else that may have caused the problem you can use the video and pictures as evidence for your case.  

• Have the Property Tested: Test the property for the amount, type, and level of mold using a qualified testing company. For mold at your workplace or office, you may require a microbiologist or industrial hygienist (OSHA describes industrial hygienists as highly skilled professionals who create engineering and work practice controls to prevent exposure to health hazards). 

• Give Notice to the Landlord and/or Property Manager: The landlord may fix the problem without your assistance – depending on the facts – for instance, if the landlord was aware of the condition before they rented the property to you, you might have a case. When you give notice to the landlord or property manager, you should do so in writing and keep good records of all written communication.  

• Keep All Receipts and Make a Record of Any Damages: Take note of any property that is destroyed or damaged by the mold, including moving costs, testing costs, and property damage, as well as hotel and restaurant bills you incur. 

• Seek Medical Attention Immediately: It is important that you seek medical attention if you have become sick due to toxic mold exposure. If possible, go to a doctor who is well-versed in mold injuries, such as a pulmonologist, allergist, or a toxicologist. 

Toxic Mold Lawyers  at Calandro Law

Calandro Law provides legal representation for those dealing with toxic mold in their homes, condominiums, or apartments. For more information, contact us anytime. As an injury law firm specializing in toxic mold issues, we’re fully prepared to assist you. You can trust that our legal team will stand by your side throughout the whole process to ensure you receive the settlement you deserve.

Schedule a free consultation today by calling us at (813) 563-6463 or filling out the form on the right side of the page.