Personal Injury

Personal Injury - Determining Who is at Fault

The key to any personal injury case is to determine who is at fault. In a motor vehicle accident, the party at fault is usually the driver who has caused the accident. However, in some cases, the car manufacturer may be at fault for producing a car that has defects.

Most premises liability cases are brought against the owner of the premises. The reason for this is that the owner is responsible for their workers and therefore is held liable for slip and fall accidents, negligence on the part of staff members and/or management, and other related issues.

It should be noted, however, that many accidents are not the sole fault of any one party. In some cases, the person filing the suit is also partly responsible for the accident. This can be true in the case of school accidents, pool accidents, dog bites, slip and fall accidents, motor vehicle accidents and even negligence cases. A case can be brought to court even if the plaintiff is partly responsible for the incident in question; however, the compensation gained from such a case will be reduced.

Filing a Case

The first step in filing a case is to talk with a Fort Lauderdale personal injury lawyer. Personal injury lawyers usually offer free initial consultations.

Personal injury lawyers operate on a no-win = no fee basis. This means that if the case is not won, then the plaintiff does not have to pay legal fees. 

Once a person has found a good lawyer, then the lawyer will gather evidence related to the case. In the case of a motor vehicle accident, the lawyer will get copies of the police report, investigates the driver who caused the accident, ask witnesses for their statements, etc. In a premises liability or negligence case, the lawyer will ask for medical bills and research to see if other negligence cases have been brought against the business in question in the past.

Compensation

Most people want to know how much compensation they can expect to win from a case. However, it is impossible to predict just how much a person can win because it depends on many different factors.

Some dog bites, most slip and fall accidents, and pool accidents do not cause permanent disability. The compensation in such cases is relatively minimal.

People who win hundreds of thousands or even millions of dollars have usually been permanently injured. Cases of this nature usually involve medical malpractice, a motor vehicle accident, or a motorcycle accident. Some school accidents, pool accidents, and business negligence incidents may also cause permanent disability. In cases of this nature, a person can sue not only to cover medical bills but also to cover lost earnings and the cost of having to get training in another line of work.

Besides winning compensation, a person filing a suit against an individual or company can also prevent others from suffering accidents or injuries due to personal or professional negligence. Doctors convicted of medical malpractice usually have their medical licenses revoked. Negligence and premises liability cases may result in the guilty party having to put in place extra safety measures to further prevent accidents. Those guilty of causing a motorcycle accident or motor vehicle accident may have their license revoked.

Filing a lawsuit enables a person to claim rightful compensation. A person who has been harmed due to a motorcycle accident, medical malpractice, negligence, or some other incident should file a case right away. David M. Brandwein will help that person gather evidence, present the case in court and enable them to get justice.

Being involved in an auto accident is a frightening experience that can drastically change your life within seconds.  An auto accident can cause debilitating physical injuries, emotional trauma, and costly property damage.  A serious car accident injury that prevents you from returning to your job (or that limits the number of hours you can work) can be financially devastating. Even an accident that occurs at a low speed, or that does not result in much damage to your car, can cause physical injuries.

Protect Your Rights

If you’ve been involved in a car accident, it’s important to take steps to protect your legal rights, before it’s too late. If you’ve recently been hurt in an auto accident, Law Offices David M. Brandwein, P. A. can help you by:

• Investigating your accident to compile evidence
• Negotiating on your behalf with the other driver’s insurance company or helping you file for uninsured motorist benefits under your own insurance policy
• Filing and pursuing a lawsuit on your behalf

The Law Offices David M. Brandwein, P.A. can help you find peace of mind after your accident so that you can move forward with your life. Call today to set up a consultation.

How do I know if I really have a case?

When a healthcare provider is negligent of his or her duties, medical malpractice occurs. Negligence is defined as a violation by the provider in terms of not meeting the standard level of care for his or her patients. Proving negligence is the key to essentially having a case, and it involves a streamline of events:

1. A doctor-patient relationship was in existence.
2. The doctor was negligent.
3. The doctor’s negligence resulted in an injury.
4. The injury resulted in damages.

The types of damages sustained from a negligent injury can include medical bills, physical pain and suffering, and even mental despair among others.

There are also various types of medical malpractice that can be an indicator of whether you have a case or not. You may be able to file a lawsuit if your healthcare provider:

• Failed to diagnose you
• Administered improper treatment
• Didn’t warn you of risks associated with a procedure or treatment

How do I know if I really have a case?

When a healthcare provider is negligent of his or her duties, medical malpractice occurs. Negligence is defined as a violation by the provider in terms of not meeting the standard level of care for his or her patients. Proving negligence is the key to essentially having a case, and it involves a streamline of events:

1. A doctor-patient relationship was in existence.
2. The doctor was negligent.
3. The doctor’s negligence resulted in an injury.
4. The injury resulted in damages.

The types of damages sustained from a negligent injury can include medical bills, physical pain and suffering, and even mental despair among others.

There are also various types of medical malpractice that can be an indicator of whether you have a case or not. You may be able to file a lawsuit if your healthcare provider:

• Failed to diagnose you
• Administered improper treatment
• Didn’t warn you of risks associated with a procedure or treatment