PERSONAL INJURY LAWYER FORT LAUDERDALE FL
Someone searching for a top personal injury lawyer Fort Lauderdale FL has to offer might already know that it can be difficult to make a successful injury claim. While some accidents are open-and-shut cases that can be filed quickly, other incidents do not proceed quite so smoothly. For this reason, injured claimants may choose to contact a trusted personal injury lawyer Fort Lauderdale FL residents recommend.
At Needle & Ellenberg, P.A., it’s important to us that we provide excellent legal counsel to our clients, especially for the most difficult injury cases. When we provide you with a personal injury lawyer in Fort Lauderdale FL, our legal team will work hard to protect your rights. Although it’s wise to keep in mind that every case will be different, there are a few ways that an injured claimant may be able to help themselves before any legal processes even begin:
- Collect (and preserve) evidence. It’s essential to acknowledge that memories of an accident — especially traumatic accidents like car crashes — can become warped as time passes. Relying solely on your memory to recount the details of an accident can produce inaccurate details. A good way to collect evidence is to take pictures. If this is not possible, a personal injury lawyer Fort Lauderdale FL can suggest writing down notes immediately after the incident.
- Obtain medical evaluations after the accident. Another important detail in a successful injury claim is proof that the claimant was injured substantially enough to require medical attention. An initial diagnosis or examination may also be significant if an injury develops over a period of time. This documentation can provide essential evidence about the severity of the injury and the costs of treating it — two details that can have a big impact on an injury settlement. When you hire a personal injury lawyer Fort Lauderdale FL victims recommend, they will need copies of your medical paperwork to help them build your case.
- Find out which damages you may be able to claim. Direct costs of treating the injury are only the beginning for some injury settlements. Other types of damages may include compensation for lost wages, lost companionship, disability, and/or general pain and suffering. For assistance determining which damages you might be able to claim, it can be helpful to speak with an experienced personal injury lawyer in Fort Lauderdale FL about your case.
- Organize your documentation. For the effective presentation of your case, the Fort Lauderdale personal injury lawyer you choose will need to have access to your medical records, etc. If you provide them in an organized fashion, they can focus their time and effort on building your case. Avoid handwriting notes and instead, type them on a computer and print them out. Organize receipts by date, and paperclip rather than staple them together.
How a Personal Injury Lawyer Fort Lauderdale FL Turns to Can Help You
After an accident, when it becomes clear that your injury is serious enough to warrant filing a claim or a lawsuit, you may choose to hire a personal injury lawyer Fort Lauderdale FL offers. There are many reasons why most injury victims don’t pursue legal action on their own. Learn about Who is Liable in a Pedestrian Accident?
Here are some of the biggest benefits that a skilled personal injury lawyer brings to the table:
- They can provide highly respected medical experts as witnesses. When you hire a personal injury lawyer Fort Lauderdale FL victims turn to at Needle & Ellenberg, P.A., we may call on our network of medical experts as needed to support your case. This is especially important in personal injury cases when the success of a lawsuit or claim hinges on proving the validity and seriousness of your injury. Don’t take chances by representing yourself at trial.
- They understand personal injury law. Years of law school and real world experience matter a great deal in the courtroom. A personal injury lawyer Fort Lauderdale FL residents turn to can navigate the complex and often frustrating legal requirements on your behalf. This offers you the opportunity to focus on healing rather than pursuing your case. Having an attorney represent you also reduces the likelihood that your case is thrown out of court.
- They may negotiate a settlement that will provide you the opportunity to avoid a lengthy trial. Your case may end up in a courtroom regardless, but if it can be avoided, most personal injury victims prefer to receive a settlement. This is because trials can take a long time to resolve. And in the process, it can be frustrating and very stressful. In the end, after court costs, lawyers’ fees, and time taken off from work, a personal injury victim may receive more compensation from a settlement than from a jury award. A skilled personal injury attorney from Needle & Ellenberg, P.A. may negotiate a settlement that is fair. In most situations, the negotiation process is completed in a much faster time period than the average trial. After a review of your case, your attorney can provide an estimate of how long a trial may take.
Contact a Local Personal Injury Lawyer Fort Lauderdale FL Residents Depend On
If you’ve been seriously injured in an accident, it might be wise to speak with a local Fort Lauderdale personal injury lawyer about filing a claim or a lawsuit. When an accident results in a severe injury, it can be very costly and time-consuming for the injured victim. Obtaining financial damages through a settlement can be very helpful for the victim (and for his/her family, too) to get through the healing process.
At Needle & Ellenberg, P.A., we provide exemplary legal counsel to clients who have sustained injuries. We are happy to set up case evaluations with each prospective client — free of charge — in order to determine how a settlement may be attained. For more information about our firm, or to set up your own case evaluation with a personal injury lawyer Fort Lauderdale FL trusts, contact us today.
FAQs – Personal Injury Law
A personal injury can mean hospitalization, a heap of medical bills, personal property repair costs and much more. Not to mention, you’ll be left with too many questions and not enough answers. While this can be an extremely traumatizing event for you and your loved ones, it’s important not to lose hope. Your first step to getting your life back on track is contacting a Fort Lauderdale, Florida personal injury lawyer to set up a consultation to discuss your case. Once the team at Needle & Ellenberg, P.A. understands the details of your situation, we will be able to help advise you of your options and provide support moving forward.
How do I know I have a personal injury case?
It can be confusing to sift through legal jargon to determine if you have a legitimate case. Thankfully, you don’t have to keep digging. Findlaw defines a “personal injury case” as a “legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.”
In other words, if your injury was caused by someone else’s failure to uphold a legal duty of care, then you may have a case. For example, the person injured by a driver who caused an accident because they were texting while driving would be able to file a personal injury claim. With that said, there are exceptions to every rule. Speaking with a Fort Lauderdale, FL personal injury lawyer will help to bring clarity to your situation.
Should I visit my own doctor after my accident?
Absolutely, you should always seek your own independent medical examiner after your accident. While it’s important to have the medical responders to check you out on-scene, it’s crucial to follow up with your own medical professional. You should be sure to keep all documentation related to your medical visits, such as bills and receipts. After you seek any medical care that is urgently necessary, please follow up with a Fort Lauderdale, FL personal injury lawyer as soon as you can. As time progresses, your legal options may become more limited.
What are some common personal injuries? Typical personal injuries can include, but are not limited to:
- Auto accidents
- Motorcycle accidents
- Work-related accidents
- Trucking accidents
- Brain injuries
- Medical malpractice
- Wrongful death
- Product liability
- Birth injury
If your injury doesn’t fall into one of these categories, don’t worry – you could still have a case. It’s important to reach out to a reputable Fort Lauderdale, FL personal injury lawyer as soon as possible after your case. They will be able to determine if you have a case and help you file your claim.
FAQ: What is a Contingency Fee?
This is how some law firms take payment! This means your lawyer won’t receive a cent of money unless they win your case, and that’s how this type of payment earned the nickname “no fee unless you win”. This is paid as a percentage of your monetary recovery, whether that’s a settlement or a court award.
This should help alleviate any worries you have about being able to afford a lawyer. A contingency fee means you only pay if you win, and it’s out of money that you just recovered as a settlement. Many personal injury attorneys do not charge retainer fees, and can even advance costs to ensure you can receive your claim.
Contingency fee percentages vary, but it’s safe to say the number we most often see charged is 33% of the recovery. Your lawyer will most likely have you write an “employment agreement” up with them, and sign it—in that agreement, the contingency plan will be laid out.
NEGLIGENCE PERSONAL INJURY LAWYER
WHAT TYPES OF INSURANCE ARE IMPORTANT IN A PERSONAL INJURY CASE?
The types of insurance coverage that may be available in a personal injury claim can vary depending on what type of claim being pursued. Nevertheless, having insurance versus no insurance can have a major impact on the case, it’s complexity, and the potential outcomes.
For a consultation with a negligence personal injury lawyer, call Okun, Oddo & Babat, P.C. now. In the meantime, the following information will provide a brief overview.
In general, both auto accidents and premise liability claims have the same, or similar, rules for establishing liability. However, the case factors can be very different; therefore, significantly changing the outcome of the claim.
In many cases, there is no insurance available because the liable party was uninsured. Or, the opposition can prove beyond a preponderance that the plaintiff, or person who filed the claim, is actually 100% liable. Similarly, work injury claims can be complex and limited. Furthermore, they tend to be vigorously defended by the employers’ insurance company. Without a negligence personal injury lawyer, it is possible to be denied anything, or be offered an amount that is much less than you need to recover. The point is that the type of insurance available in a claim can impact your case.
What Types of Insurance Might Be Included in a Case?
When pursuing compensation, a personal injury lawyer in Fort Lauderdale, FL will likely review the insurance policies that are related to the defendant. Some of the most common policies that might be included in a case are as follows:
If your injury involved a vehicle, an auto insurance policy will likely be involved. There are two types of auto insurance: first-party insurance, or no-fault insurance, and third party insurance. First-party insurance relates to the person who purchased the policy. The insurance company is the second party, and the third party is the one that was negligent. If you are living in a no-fault insurance state, you will file a claim against your own insurance policy. You may need a lawyer to help you with this. Knowing what coverage is available, and the amount you are covered for will be beneficial. If you are in a fault state, you may be able to file a claim against the at-fault persons’ insurance coverage. Again, you will need their insurance details before you can recover compensation.
Underinsured and Uninsured Coverage
It is very important to have Underinsured or Uninsured Motorist coverage. This coverage will help to cover any gaps in benefits, or when you were involved in an accident that was caused by a person who did not have insurance. If you were in an underinsured or uninsured accident, you can call a Fort Lauderdale, FL personal injury lawyer for help.
The majority of businesses are required to carry liability insurance. This coverage will typically cover any premise liability accident such as negligent security injuries or slip and falls. These claims can be challenging, particularly if the owner of the property is disputing the claim. Another complication might arise when liability is not clear. Having a personal injury lawyer in Fort Lauderdale, FL to assist you is recommended.
Homeowners insurance covers many things, including fires, flooding, catastrophes, as well as injuries to guests who’ve been invited onto the premises. For example, if you were a guest who tripped and fell in another person’s home, their homeowners’ insurance would likely cover your injuries.
Workers’ Compensation Insurance
Every state has their own rules about work injuries and compensation. Generally, employers with more than 5 employees are required to carry workers’ compensation coverage. In the event you are injured or ill, and it is related to your job, workers’ comp benefits may be available. You can hire a lawyer to help you obtain maximum benefits. This is especially true if your injuries or illness is serious.
There are a number of other insurances that might cover your accident. These include medical malpractice insurance, maritime insurance, and more. In general, if negligence caused you harm, and you plan on pursuing compensation, consulting a personal injury lawyer in Fort Lauderdale, FL will benefit you. Call Needle & Ellenberg, P.A., today.
Elements of Negligence
Understanding the types of negligence and what makes something negligence can help you to understand if you have a case. In a personal injury claim the first step is to prove the other person was negligent, and to do that you must establish that the other person had a duty of care in the situation that caused the injury. The plaintiff (the injured person) must then show that the defendant failed to meet their duty to protect them (the injured person) and how that conduct was “breached”.
After establishing a “breach” you must show that you suffered real injuries that were caused by the breach in care.
For the plaintiff, they’re trying to show that the breach of care required actions that the defendant did not take actions (or did but those actions were not to the level they needed to be to prevent accidents). But how do you define reasonable care?
“Duty of care” is the legal term that references the responsibility one person has to avoid causing harm to the other. So if you are in a car, you are responsible for knowing how to operate your vehicle with care at all times, taking into consideration traffic conditions, weather, visibility and more. There are state legislatures enacted that have vehicle codes to identify a driver’s legal obligation to the other drivers on the road, as well as pedestrians. So if you violate a law, you will have breached your duty of care and put others at risk, this is especially true if the breach of the law causes an accident that harms others.
Some other examples are:
Slip and fall cases, the owner is obligated to keep the premises free from known hazards and must act within a reasonable amount of time to discover and remedy said dangers. Especially if their a public business. This could mean that it’s snowing, you know it is snowing, but you don’t shovel your sidewalk or salt it and someone falls. You are then responsible because you did not take precautions that were reasonable.
In medical malpractice cases, a doctor or another professional with a medical degree must provide treatment that’s up to standard with national standards, and the standard of the hospital they work at.