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How Soon After I Suffer a Personal Injury Do I Have to File a Claim?

After going through an accident that ends up with injuries, the victim will never know the full extent of their damages until some time has passed after the accident. Even if a person believes that their injury was minor, they could suffer pain for months to come and develop greater injuries as a result of the accident.

So, how will the victim know how much to claim for if they do not know the severity of their injuries? What do they do? Do they file the claim without learning just how badly they were injured? Or do they wait and risk the statute of limitations deadline? What should the victim do if they are still in the healing process? The best personal injury attorneys in Miami, FL can help the victim with what they need to do and what is the best thing that needs to be done in regards to their case.


When Is the Best Time to File the Injury Claim?

Whether the victim is still in the process of receiving treatment, they do not need to wait until after their treatment has finished filing a claim. They can immediately file a claim after being injured. In fact, the sooner the victim files the claim, the better it is. It doesn’t matter whether it is a claim against the insurance company or against an individual.

The reason for filing as soon as possible is because there are deadlines when it comes to filing a lawsuit, also known as “statute of limitations”. Every personal injury claim will have a different timeframe. Along with the type of personal injury, the state in which the accident occurred also influences the time a person has to file their claim. If the victim wants to take their case to trial, they will have to comply with the specified time for the type of injury and place where the injury happened. If the victim fails to do so, their case will be dismissed and they will not have any future chances to file a lawsuit for the same injury.

Filing the claim is the first step that the victim needs to take. Now, the victim does not have to settle their case right away. The best time to settle a case is when the victim has learned a number of damages that their injury caused like medical fees, loss of income, pain and suffering, or any other type of damages.


Contacting a Personal Injury Lawyer to Help with Filing a Claim

The best and easiest way to file a claim would be with the assistance of a personal injury lawyer.The lawyer will know exactly when their client should file to maximize the amount of compensation they will receive. A victim should never accept a settlement before understanding the full scope of the injuries they endured. The firm works with their clients to obtain the best outcome.

What Are the Top Five Mental Health Disorders That Are Misdiagnosed?

Many people might find it difficult to go seek help for a mental disorder that they may have. Obtaining a diagnosis is the first step in receiving treatment. Going to a physician’s office may be the first step, but not the last. Sometimes, mental disorders will be misdiagnosed for other similar conditions. Misdiagnosis occurs in almost every medical setting. There are no specific statistics about the number of mental disorders that go undiagnosed, but it happens.

Misdiagnosing a medical condition can make a person suffer a great harm. A mental disorder is something that needs to be taken care of immediately. Some mental disorders can create a person certain thoughts that may even lead to their death. The medical malpractice litigators know the disastrous effects that a misdiagnosis can have on a patient and are here to serve those in Orlando who suffered an injury as a result.


Mental Disorders Prone To Be Misdiagnosed

Some mental disorders are more prone to be misdiagnosed than others due to the similar symptoms that they have with other medical conditions. The following mental disorders tend to be mostly misdiagnosed:

  1. Bipolar Disorder

Bipolar is a disorder that brings highs and lows in a person’s mood. One second they may be happy and another second they may be mad. A study found that about 69% of patients are misdiagnosed with bipolar disorder. It took about five to seven years to properly diagnose these patients. Bipolar disorder tends to be misdiagnosed with Attention-deficit/hyperactivity disorder(ADHD) or Unipolar depression.

  1. Attention-deficit/hyperactivity disorder(ADHD)

Attention-deficit/hyperactivity disorder is a chronic condition that brings a person hyperactivity, difficulty in paying attention, and instances of impulsiveness. Studies found that many people are diagnosed with ADHD even though they do not have it. Children tend to be the ones who are misdiagnosed the most with ADHD because they are just going through a growth spurt and are acting immature. ADHD is often misdiagnosed with bipolar disorder, anxiety, obsessive-compulsive disorder, and depression.

  1. Anxiety

Anxiety is the most common disorder present in the United States. In fact, it impacts about 18% of Americans. Although it is the most common disorder, it can take a while to be properly diagnosed with anxiety. Anxiety brings a person feelings and emotions of fear or worry that interfere with their lives because they are so strong. Anxiety is often misdiagnosed with depression or it is not diagnosed at all.


  1. Borderline Personality Disorder(BPD)

Borderline Personality Disorder occurs when a person has problems in regulating their emotions. This lack of regulation leads to impulsive acts, instability, unstable mood swings, and relationships that are not stabled. It can cause a person to self-harm.  A borderline personality disorder is often misdiagnosed with unipolar depression, post-traumatic stress disorder, or bipolar disorder.


  1. Post-Traumatic Stress Disorder(PTSD)

According to the American Psychiatric Association, “Posttraumatic stress disorder (PTSD) is a psychiatric disorder that can occur in people who have experienced or witnessed a traumatic event such as a natural disaster, a serious accident, a terrorist act, war/combat, rape or other violent personal assault”. PTSD is often misdiagnosed for other mental disorders that have similar symptoms. It tends to be misdiagnosed with bipolar depression, anxiety, schizophrenia, and depression.


Serving Misdiagnosed Patients in Orlando

A mental disorder that is misdiagnosed can have serious repercussions for a person. Many mental disorder can cause a person to self-harm and if it is not treated in time, a person can die. A mental disorder like any other medical condition should be diagnosed properly and in a timely manner. This is an issue that the lawyers at Percy Martinez Law Firm vigorously fight for.






Important Witnesses That May Be Needed in Personal Injury Cases

Important Witnesses That May Be Needed in Personal Injury Cases

Most people who seek a personal injury claim do not know the aspects that are going to be associated with their case. There are a variety of things that need to be performed and gathered to be able to help a victim’s case in proving negligence in a wrongful death or personal injury.

The success of a claim can depend on these following elements:

  • Proof: that the victim has shown how they sustained their injuries from the specific accident
  • Damages: that the victim endured as a result of their injuries
  • Evidence: that the victim has gathered for their case
  • Liability: who was to blame for the accident?
  • Witnesses: Was there anyone present during the time of the accident that can backup the plaintiffs claim? This is a crucial element because it can serve as a means of supporting the victims claim with their testimonies.

What Types of Witnesses Exists in A Personal Injury Claim?

In a personal injury claim, there are two types of witnesses that are used. The most obvious one is the person who was there at the time the accident took place. These witnesses are usually known as “incident witnesses” because they saw the incident first-hand. A testimony from these witnesses needs to be gathered in a timely manner because as the days pass, a person can forget the chain of events that led to the accident and they would lose credibility as a witness. The victim should make sure that all information about the witness is obtained. Witnesses who are family members or friends are known as “lay witnesses”. These witnesses can be crucial for a victim’s personal injury case.

Another witness that is used to build a solid case is known an “expert witness”. Who is an expert witness? These witnesses are imperative, especially when a case goes to trial because they are the only ones capable of explaining hard concepts to the jurors who wouldn’t otherwise understand on their own. The pro to having an expert witness is that there are certain issues that can be presented to the jury that could not be present if there were no expert witness. They are experts in the certain topic that is being brought forth to the jury. For example, if a person suffers a medical malpractice, the victim’s attorney would most likely higher an expert witness(medical expert) who focuses on the medical malpractice that was performed. Their testimonies would be valid because that is their expertise and area of study.

Miami Lawyers At Percy Martinez Law Firm

Despite which personal injury claim a victim is pursuing, having witnesses is always beneficial for a plaintiff’s case. A Miami Personal Injury Lawyer from Percy Martinez Law Firm knows exactly which witnesses would be beneficial for their client’s case. They examine each one thoroughly to see who would an asset to the case. The lawyers also hire the appropriate expert witness for the injury that was endured. Their number is (305) 529-0001 and are available 24/7.


Steps to Take If You’ve Been Convicted of a DUI

After a Happy Hour that turned into a couple of hours, you grabbed your keys, said goodbye to your co-workers, and walked to your car. Feeling “buzzed” you decided to take the route home you know well. Halfway home you saw flashing lights behind you and were pulled over by a cop. He said you didn’t make a full stop at the stop sign; you have no recollection.

He asked you if you have been drinking, you tell the truth, “a few,” and he asked you to get out of the car. You passed the Field Sobriety Test but failed the Breathalyzer. You are now facing a DUI conviction.

No one plans on getting a DUI, but it can even happen to the people who just “have a few” after work with some friends. Without a doubt, drinking and driving is a serious offense that can lead to accidents and put lives at risk; it can also be life-changing for those who are convicted.

It’s important to remember that a DUI conviction varies and depends on the circumstances and the state in which you live. Here are some general steps to take if you’ve been convicted of a DUI:

Legal Advice

Whether it’s your first DUI or a subsequent offense, seeking legal advice is always a good idea. Unless you have a strong legal background and thoroughly understand your state’s laws concerning DUIs, find an attorney you like and can trust. If you’re on the fence about hiring one, most attorneys offer a free consultation.

If you do decide to hire an attorney, he or she will help you understand all the details of your case and explain all possible consequences. Remember, you are innocent until proven guilty, but it depends if you go to court and how you plea.

Go to Court

If you have a court hearing, don’t skip out. Some people, facing a conviction, miss their court date and face more trouble later on. It’s not worth the extra legal issues. Whether you’re pleading guilty or not, go to court.

Consider Alternate Punishments

If you have clearly violated your state’s drunk driving laws and have been convicted of a DUI, your best option is to face the consequences. An attorney will help you determine whether or not you truly violated the law. As a first time offender, you are likely to be given a hefty fine, a suspension of your license, and maybe even jail time.

Depending on the details of your conviction, your judge may offer, recommend, or enforce alternativepunishments for your DUI conviction. In some cases, he or she may offer these as a substitute or “credit” towards jail time or fines.

Be Cooperative

We’ve all seen the courtroom dramas where the defendant acts out and is charged with “contempt of court.” It makes for good tv, but it will never be in your favor if you fail to cooperate. Believe it or not, a bad attitude won’t help you out when you’re facing a DUI conviction.

The best step to take, once you’ve been convicted of a DUI, is to never put yourself in the situation to get a subsequent DUI.



Dangerous Truck Driving Contributors

Whether you’re driving to work, taking the kids to school, or running a few errands; chances are you’re commuting on a busy highway to reach your destination. Motorists put themselves behind the wheel each day and must watch out for any potential risks. As motorists, we strive to put safe driving habits into practice to ensure that we’re doing our part. Keeping the volume at a safe level, avoiding texting and driving, and following the speed limits are great practices; however how much can be done when you experience and accident with an 18-wheeler truck.

Big rigs carrying thousands of pounds of freight increases the chances of a dangerous accident. When considering the significant weight, load being carried by these vehicles that can exceed 80,000 pounds versus the weight of a standard car, you can easily understand why an accident can be far more fatal than that of one with two standard sized cars.

When dealing with big rigs, there is always a reason as to why there was an accident. Look at a few options as to what those factors might be:


Although we strive to watch our speed as a safety precaution, it’s important to realize that these commercial freight trucks are often rushing against the clock. The transportation industry has become a dangerous one as drivers are pressured to have freight transported, docked, and unloaded in a timely manner. Although this is important, the stress of ensuring that they’re transporting the equipment by the deadline can deadly.

To accommodate for their time, truck drivers may pick up the speed to reach their destination by the deadline. Although unforeseen traffic is an obstacle, they’re instructed to meet their goals and deadlines. One late shipment can throw off the entire delivery date. Speed is a major contribution in highway trucking accidents.

Reckless Driving

Another significant factor in trucking accidents is reckless driving. Due to the high stress and demanding pressure, truck drivers are forced to make quick decisions in order to get the cargo to its destination. In striving to meet their goals of a delivery being on time, they may not make the best decision, putting others at risk.

Reckless acts while operating a truck, full of cargo, can be a recipe for disaster. If you’re on the road and experiencing reckless behavior by any driver, especially ones pulling thousands of pounds of cargo, be sure to call in to report the driver. This could save your life and the lives of others.


Another strain on drivers is their fatigue. Due to the high demand of the business, many drivers are forced to be away from their homes for extended periods of time and with long hauls comes reduced time from behind the wheel.

When the pressure is on and the amount of sleep is low, there is significant increase of risk factors that fall into place. As the driver spends more time behind the wheel they become a high-level risk to themselves and other drivers. This can be in the form of drowsiness and careless decision making.


When operating big rigs, there is a required level of maintenance that should take place. The transportation industry is required by law to meet regulations by ensuring that equipment is performing and maintenance is kept.

Whether is an air leak in the tires, brakes, lights, or engine; these vehicles are required to have the issue fixed and a major way to ensure safety is routine maintenance. Faulty equipment can be a deadly mix on a major highway.

There are many contributors to highways accidents; however, when sharing the road with big rigs, these are major factors that can be prevented. If you notice any of these major contributors, have someone in your vehicle call it in, or remember the company name to have it reported. Doing your part can save lives and prevent a major trucking accident.



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