Name: Law Offices of Wolf & Pravato
Item: Law Offices of Wolf & Pravato
Rating: 5
Author: Sean Humphreys

How To Calculate Personal Injury Pain & Suffering Damages in FL

September 4, 2020 Aditya PERSONAL INJURY

Calculate Personal Injury Pain & Suffering Damages

When attempting to get a clearer picture of how damages for pain and suffering are calculated, victims should look at both their economic losses and non-economic losses. Economic losses include those with concrete prices, such as medical bills, while non-economic losses are more subjective, such as decreased quality of life.

First Call the Experienced Lawyer to Get your Pain & Suffering Damage Compensation

If a victim chooses to retain a personal injury attorney in Fort Myers to represent his or her case for the compensation they may be entitled to, their legal counsel can attempt to document every type of pain and suffering they have endured. Showing proof of these hardships may allow an appropriate value to be assigned to the case, from which a settlement can be negotiated.

A court can decide if any potential punitive damages are warranted, so these do not need to be factored into calculations for a victim’s pain and suffering.

What is the Definition of Pain and Suffering?

In legal terms, the definition of “pain and suffering” can entail everything from property damage to a loss of consortium, and they include considerations for the future such as long-term physical handicaps.

The damages that may be considered when dealing with pain and suffering following an accident include:

Lost wages
Medical costs
Property damage
Mental health impacts
Ongoing treatment

The Use of Multipliers by Attorneys

Aside from concrete numbers associated with a victim’s pain and suffering, such as the documented cost of medical expenses, most attorneys multiply the value of a victim’s injuries based on the severity of their loss. This type of pain and suffering calculator may take documented costs and multiply them by their true impact. Multiplication methods can vary among law firms.

For example, if a victim spends $50,000 in medical bills and their injuries were a three out of five in terms of overall severity, the total value of the case could jump to $150,000. Using this multiplier method does not mean the total amount calculated will be awarded in a court, but the new value may better reflect the true suffering faced by the victim.

Personal Injury Lawyers Helping Victims get Compensation They may be Entitled

The Fort Lauderdale personal injury lawyer team from the Law Offices of Wolf & Pravato understands that assigning an appropriate value to your personal injury case can be confusing and difficult, especially if you are still recovering from any physical injuries. If you choose to retain our firm’s services, we can work to document any tangible evidence of your pain and suffering, then use this to assign a value to your losses. This new value can show what the hardships resulting from your accident truly meant to you and your loved ones in a court of law.

Florida Statutes

Florida Statutes § 768.28 details a general $500,000 cap on losses one person may be entitled to, not including punitive damages. When it comes to the timeframe for personal injury claims, there is a four-year statute of limitations set by Florida Statutes § 95.11 for any actions founded on negligence.

Contact The Law Offices of Wolf & Pravato

To help you better understand your legal options following a personal injury accident, a member of the team from the Law Offices of Wolf & Pravato can offer you a free consultation. We can answer any questions you may have, and help you gather the evidence you may need to prove another party’s negligence based on the unique details of your case. Call us at (954) 633-8270 to get started.

What Kind Of Attorney Do You Need To Sue A Hospital In The USA?

July 31, 2020 Aditya PERSONAL INJURY, NEGLIGENCE

Kind Of Attorney Do You Need To Sue A Hospital

Hospital negligence in the treatment of patients has become a growing issue of concern for public health officials. Problems involving patient mistreatment, diagnosis errors, and long-term injuries sustained by patients during hospital care are leading many people to sue a hospital for pain and suffering, negligence, and other personal and financial damages. A Fort Lauderdale personal injury or criminal lawyer can help you with a hospital lawsuit settlement in such cases.

Issues With Healthcare Provision

There are many ways a patient can sustain a preventable injury or suffer long-term health issues because of hospital negligence. From a study conducted by Johns Hopkins University, medical error is now considered the third leading cause of death. For example, poor hiring practices or a lack of training can lead to issues where unqualified or underqualified healthcare workers deal with patients or handle health issues and illnesses that they do not have the skills, training, or required knowledge to manage.

Botched Medical Procedure

If a botched medical procedure, a diagnosis error, a testing error, or errors involving the administration of drugs lead to injuries that should not have occurred, you may be able to sue a hospital for pain and suffering. You may also be able to sue for any additional healthcare costs or treatment expenses you are forced to cover, including payments for medications, therapy, and rehabilitation. Any income you lose by being unable to work and incidental expenses, such as childcare or eldercare expenses, can also be included.

Similar damages can be sought in cases involving discrimination in hiring and issues pertaining to doctor-patient confidentiality. Breaches in trust, unfair hiring practices, patient injuries, doctor incompetence, and administrative errors are just some of the leading reasons behind the many hospital lawsuit settlements we see today.

Damages and Injuries

If a doctor or another healthcare professional injured you, you may be able to sue the hospital for pain and suffering. These are noneconomic or intangible costs. You can also sue for the following economic costs:

Lost income or lower-earning capacity
Medical care costs
Diagnostic test and surgery costs
Assistive device costs
Therapy and rehabilitation costs

Hospital lawsuit settlements are typically negotiated based on the extent of damages suffered by the victim and the duration for which he or she is expected to suffer those damages. A multiplier is often used to determine the value of your claim. This figure is multiplied by the total value of all care and treatment costs and other quantifiable losses to arrive at a number for your hospital lawsuit settlement.

Seeking Assistance

A Fort Myers personal injury lawyer may be able to assist you with cases involving hospital negligence. An attorney may also be able to help if you want to sue a hospital for pain and suffering. An attorney can help by:

Identifying the at-fault party responsible for your injuries and damages. This party may be a doctor, a nurse, a hospital administrator, or the hospital itself.
Quantifying the value of your losses and damages.
Putting together a claim with all the required documentation.
Obtaining the testimony of a medical professional or an injury assessment expert in support of your claim.
Ensuring that you meet all statutory and administrative deadlines.
Negotiating a settlement with the at-fault parties on your behalf.

Contact The Law Offices of Wolf & Pravato For More Help

Please call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case evaluation. Our empathetic and compassionate attorneys understand the challenges that the victims of hospital negligence face, and we take pride in handling sensitive cases and guiding our clients through this difficult time. We will help you understand what you need to know about filing a claim, obtain the evidence needed to prove your damages, and handle the insurance and legal paperwork on your behalf.

What Kinds Of Cases Do Personal Injury Lawyers Handle?

July 25, 2020 Aditya PERSONAL INJURY, PERSONAL INJURY COMMON QUESTIONS

Kinds Of Cases Do Personal Injury Lawyers Handle

Accidents happen all the time, but when someone’s negligence causes a loss of property or bodily injury to you, you may be able to seek compensation for those damages. Personal injury case examples include road and workplace accidents, slip and fall cases, nursing home and medical malpractice cases, construction worker accidents, and other cases involving harm as a result of the negligence or recklessness of another party.

Examples of Personal Injury Cases

Here are a few examples of cases handled by personal injury lawyers.

Vehicle Accidents

If poor truck maintenance, driver negligence, or driver inexperience led to a truck accident, a personal injury lawyer in Fort Lauderdale can fight on behalf of the injured parties to recover damages from the at-fault parties responsible for the accident. A Fort Myers car accident lawyer can also recover damages from negligent passenger car drivers, motorcyclists, and bicyclists. A lawyer can handle pedestrian injury cases as well, not to mention cases involving speeding, drinking and driving, and reckless driving.

Nursing Home and Slip and Fall Accidents

If a lack of nursing home staff training, a lack of workers, or walkway hazards cause a slip and fall accident in a nursing home, a personal injury attorney in Fort Myers can gather evidence to prove negligence on the part of a nursing home staff member, a nursing home administrator, or the nursing home itself. If slippery floors, missing signage, or service team negligence caused a workplace fall and a worker suffered personal injuries as a result, a business or premises owner can be held liable for the resultant damages.

Medical Malpractice

If a medical healthcare provider’s lack of training, distraction, or incompetence led to injuries or health complications, a doctor, a healthcare worker, or a hospital or health services organization may be held liable for the resultant damages. Diagnosis errors and administrative mistakes can also lead to bodily harm. An injury lawyer can help the victim seek compensation for the losses that he or she or his or her loved endured.

Personal Injury Cases Won

There are many examples of famous personal injury cases that our team has handled. Two relevant examples are:

Reckless Driving Accidents

Vehicle accidents are a leading cause of accidental death in the United States. One of our clients received a settlement of $3.85 million after a truck driver took a reckless turn on a busy highway, causing catastrophic damage and long-term personal injuries to our client.

Another client received a settlement of $1.5 million after a driver’s error pinned him between two vehicles. It led to the near amputation of one of his arms.

Product Liability Personal Injuries

In a landmark case, we reached a settlement estimated to be worth over $800 million in favor of our clients in a case against a Chinese drywall manufacturer. Our clients contended that they suffered bodily injuries because of the harmful and subpar quality of products produced by the defendant. Approximately 400 homes were affected by this, and the U.S. Eastern District Court found in favor of the plaintiff.

This is just one example of a large-scale personal injury case that we won, a case that has become one of many famous personal injury cases handled by our team.

We Are Just a Call Away

Our empathetic team of attorneys understands the trauma involved in personal injury cases, and we pride ourselves on providing personalized and compassionate care to all of our clients. Please contact the Law Offices of Wolf & Pravato at (954) 633-8270 for assistance with a personal injury case.

Is Personal Injury Lawsuit Filed Against Driver Or Insurance Company in Florida?

April 22, 2020 Aditya BLOG, PERSONAL INJURY, PERSONAL INJURY COMMON QUESTIONS

Personal Injury Lawsuit Filed Against Driver Or Insurance Company

When you sustain an injury in a car accident in Florida, you can seek compensation by filing a claim with your insurance company and possibly by filing a lawsuit against the driver directly.

Typically, a driver injured in a Florida personal injury case must first seek compensation from their own insurer using their plan’s personal injury protection (PIP) coverage.

If the extent of their damages exceeds their policy’s maximum PIP limit, or if serious injuries were sustained, they may be able to go after the responsible driver for the remainder of their losses in a personal injury lawsuit.

How Florida’s Being a No-Fault State Affects Your Personal Injury Case

Florida is a no-fault auto insurance state. This means that when a car accident occurs, each of the involved parties files a claim with their respective auto insurance companies. It does not matter who caused the accident. Your damages may be covered by your PIP insurance, which comes with your car insurance policy.

However, your PIP insurance places a limit on the number of medical expenses your insurance company will cover. It also does not allow you to pursue pain and suffering damages.

If the damages from your injuries exceed your PIP coverage, you may be able to file a personal injury lawsuit against the at-fault driver.

Florida’s Serious Injury Threshold

You may also be able to sue the other driver if the extent of your injuries meets Florida law’s serious injury threshold. This threshold includes:

Significant and permanent loss of an important bodily function
Permanent injury, other than disfigurement or scarring
Permanent and significant disfigurement or scarring
Death

You may be able to recover damages for pain and suffering if your case meets one of these thresholds.

Dealing With the Insurance Company

You can expect to receive a call from the insurance company shortly after you file your claim. They may want to talk about the accident and your injuries, and they might even ask you to give a recorded statement.

We recommend using caution when speaking to an insurance company after an accident, even your own. They may try to use your statements against you to reduce or deny you compensation.

You may want to consult with a personal injury lawyer before speaking with an insurance company. They may be able to offer you advice or communicate with an insurance company on your behalf when they represent you.

We Can Help You File Your Claim After Your Car Accident

The Law Offices of Wolf & Pravato understands how confusing Florida’s personal injury laws can be. At a time when you are trying to recover physically and emotionally from your accident, we are here to take the burden of seeking compensation off your shoulders.

We may be able to represent you in a personal injury case against your insurance company or the responsible party, where our Fort Myers personal injury attorneys can.

Answer your questions and provide legal advice
Determine who is liable for your injuries
Gather evidence of their liability
Gather evidence of the extent of your injuries, including evidence needed to demonstrate their serious nature, if applicable
Communicate with the insurance companies and other parties on your behalf
Negotiate for a fair settlement offer
Take the case to court if necessary

Call the Law Offices of Wolf & Pravato today for a free consultation and to learn of your legal options moving forward. Our Fort Lauderdale car accident lawyer may be able to represent your case on contingency-fee basis where we only collect legal fees if and when we win a settlement or award on your behalf.

When To Hire A Personal Injury Lawyer

April 21, 2020 Aditya BLOG, PERSONAL INJURY

Hire A Personal Injury Lawyer

You may be trying to decide how to recover compensation after an accident caused by someone else. While you can negotiate for a settlement or file a lawsuit in court on your own, there are significant benefits to hiring a personal lawyer.

The good news is, many personal injury lawyers offer a free consultation call so you can speak with them about your case and make an informed decision.

You should contact a Fort Lauderdale personal injury lawyer as soon as possible after your accident. They may want to get started on your case immediately. There are also legal deadlines or statutes of limitations, that may apply to your case, such as those under Florida Statute §95.11. If these expire before you act, you could lose your right to recover compensation in a personal injury lawsuit.

When You Can Hire a Personal Injury Attorney

Personal injury lawyers defend victims who have suffered injuries due to the negligent actions of another party. There are many types of incidents that fall under the umbrella of personal injury law. They include:

Car, motorcycle, bicycle, and pedestrian accidents
Slip, trip, and fall cases
Defective product injuries
Medical malpractice cases
Negligent conditions or construction
Negligent security
And more

If you were injured in one of these incidents, or in any other situation caused by someone else’s negligent behavior, you may have a personal injury case. A personal injury lawyer can discuss your accident and advise you on the next steps forward when you contact them.

A Personal Injury Lawyer Can Manage All of Your Casework

When a Fort Myers personal injury attorney represents you, they take the legal work out of your hands so that you can concentrate on your recovery. These services may include:

Answering your questions, keeping you informed, and offering legal advice throughout the case
Managing all legal deadlines, paperwork, and communications for you
Determining who is liable for your injuries
Gathering evidence to prove that liability
Gathering evidence of the full extent of your damages
Hiring medical or vocational experts to testify in your defense, if needed
Negotiating with the insurance company for a settlement offer
Suing them in court if they are not willing to make you a fair offer

The evidence gathering and negotiation phases of a personal injury case are particularly important, as insurance companies may try to offer victims an initial lowball settlement offer. If the claimant rejects that offer and shows the insurance company evidence of a higher value case, the insurance company’s offer may increase because they know the evidence will stand up in court.

You May Not Need To Pay a Personal Injury Lawyer Up Front

As stated by the Federal Trade Commission on hiring a lawyer, many personal injury lawyers operate on a contingency-fee basis where they do not take up-front payments. In this arrangement, the lawyer’s payment comes as a percentage of your settlement offer or court awards if and when you win. This contingency takes the burden of investing funds into research and evidence gathering off of the victim.

Call the Law Offices of Wolf & Pravato Today

The Law Offices of Wolf & Pravato represents personal injury victims in South Florida. If you are considering hiring a lawyer in your personal injury case, we would love to hear from you.

Call us today for a free consultation at (954) 633-8270. We can answer your questions about representation and what type of outcome you can expect in your personal injury case. We want you to feel confident and informed when you choose to work with us.

The Law Offices of Wolf & Pravato works on a contingency-fee basis. If you hire our firm, we will defend your right to compensation.

Ten Tactics Insurance Companies Use To Deny Paying Personal Injury Victims

February 29, 2020 Aditya BLOG, PERSONAL INJURY

Tactics Insurance Companies Use To Deny Paying Personal Injury Victims

Insurance companies may advertise that they will be there for you financially when you get injured, but after a claim is filed, some insurers may offer less compensation than your entitled amount, or they may try to avoid paying you.

When dealing with insurance companies during a personal injury claim, it can help to familiarize yourself with 10 tactics insurers might use on you to reduce or deny your claim. A Fort Myers personal injury lawyer can help you navigate these barriers or even do so on your behalf due to the complex nature of the claims denial process.

The tactics include:

Offering a Quick Personal Injury Settlement

When an insurance company offers a quick settlement, it can entice you to accept less than you deserve. Personal injury victims can be stressed out about their injuries and medical fees, making them vulnerable to saying yes to an initial offer. Once you sign on the dotted line and accept the insurance company’s offer, it can be difficult to come back later and demand more money, even if you are entitled to it.

Twisting Your Statements

When you speak with an insurance agent after a car accident, they may be able to use your statements as evidence against your claim later. Remember that you do not need to speak with an insurance company until you are prepared to do so, and you can choose to have a West Palm Beach personal injury attorney speak to insurance companies on your behalf.

Disputing Your Personal Injury Injuries

Some insurance companies may try to dispute the severity of the claimant’s injuries, or even outright deny that the victim was hurt at all. Gathering evidence of your injuries can help defend your claim against allegations of deceit or fraud from your insurer.

Blaming a Pre-Existing Condition

The insurance company may try to deny that the incident in question caused your injury. One way to defend yourself from this tactic is to seek medical care immediately after your injury. The longer you wait for a doctor’s evaluation of your injuries, the weaker the cause-and-effect link to the accident appears from a legal perspective.

Making a Partial Offer

An insurance company might make you an offer for a portion of your injuries or losses when you are entitled to broader compensation. It is important to know the extent of your coverage and losses when evaluating an offer.

Using Convoluted Language

Some insurance policies use dense and complex language that can be confusing or intimidating for personal injury victims to interpret. A personal injury lawyer can help you fully interpret the terms of your policy and explain your legal rights to you.

Imposing Arbitrary Deadlines

An insurance company may attempt to deny your payment by claiming that you missed a filing deadline. They may also imply that you need to make a decision immediately when in reality you still have time to do so since the deadline has not been reached. A Fort Myers personal injury lawyer can help you manage the legal deadlines that pertain to your case so you do not feel rushed or pressured.

Delaying the Process

An insurance company may delay processing your claim or responding to it. Afterward, the insurer may immediately offer to pay you a settlement. This settlement offer may not cover your losses and may be considerably less than you expected. A Fort Myers personal injury attorney can help you understand this tactic so that you do not fall victim to it.

Blaming You

The insurance company may try to blame you for your injuries, which is a tactic that helps absolve them from the claim. This tactic makes it so that your insurer is no longer obligated to pay you an award or compensation. Evidence from the accident, such as photos or witness testimony, can defend your claim.

Claiming Your Losses Are Not Covered

An insurance company might claim that your losses are not covered under your policy when in fact they are. A law firm can read your policy and contest an insurance company that is using this tactic.

Call us for a Free Personal Injury Case Evaluation

If you are the victim of a personal injury case, the Law Offices of Wolf & Pravato may be able to help you fight for the compensation you deserve. Do not hesitate to have a Fort Myers personal injury lawyer help you. Before talking to the insurance company, talk to us. For a free, no-obligation case evaluation, call (954) 633-8270.

We also help the victims of personal injury in the following cities:

How Much Does A Personal Injury Lawyer Cost?

February 27, 2020 Aditya BLOG, PERSONAL INJURY

Personal Injury Lawyer Cost

One of the most significant barriers that dissuade accident injury victims from seeking legal representation is cost. However, you may be surprised to learn that many personal injury lawyers can provide negotiation and litigation services without an upfront cost to you under a contingency-fee arrangement.

Are Personal Injury Lawyers Worth it?

This written arrangement is made between the Fort Myers personal injury lawyer and the client at the onset of representation. Rather than requesting fees upfront, the lawyer may take a portion of what the client recovers as payment for their services. This amount is a fixed percentage that may be subject to change depending on how the case evolves. Depending on the details of your contingency-fee agreement, the personal injury attorney may not get paid until you win your case. However, this may not account for court filing fees or expenses paid to expert witnesses.

When you consult a legal professional they will help you understand the value of your case, while demonstrating their terms and conditions concerning a contingency-fee agreement.

Understand Your Lawyer’s Conditions Before Signing a Contract

Pursuing a personal injury accident claim can be expensive. The contingency-fee arrangement ensures that you do not have to assume this financial responsibility unless your Florida or West Palm Beach personal injury attorney wins your case. It is important to fully understand your lawyer’s conditions for working with you before you agree to any contract. Some clients find contingency-fee agreements to be advantageous to their interests, as this puts the law firm’s reputation on the line when pursuing your case.

However, all details regarding payment and conditions must be put in writing and signed by the client and lawyer.

Personal Injury Law Firms Seldomly Ask for Hourly Fees or Retainers

Although it is rare, a personal injury lawyer may request that you pay their legal fees upfront. This method is older than the newer, more flexible arrangements found in modern legal services. Most potential clients shy away from this method of payment since hundreds of hours can be put into proving a legal claim.

Yet, you may have a case that some legal professionals might find too challenging to overcome depending upon its evidence and details. If you are having difficulty hiring a personal lawyer to take on the special instances of your case, you may have limited options when finding representation.

Clients Have Rights When Working With a Lawyer

The Florida Bar’s Rules of Professional Conduct protects clients from being unfairly exploited by their legal team. Lawyers take on a duty of care when agreeing to take on a case. The rules regulating the Florida Bar notes that lawyers are responsible for helping their clients understand their legal rights and obligations. At the same time, the lawyers must seek results that are fair, but beneficial to their client’s interests. The American Bar Association asserts that if a lawyer is found to violate the Rules of Professional Conduct, they may face being suspended from practicing law or disbarred altogether.

The Law Offices of Wolf & Pravato Is on Your Side

You have the right to file a personal injury claim after someone else’s negligence results in your financial losses.

When you work with the Law Offices of Wolf & Pravato, we devote our time to helping you understand your legal rights and options. We work on a contingency-fee-basis, which, as mentioned earlier, means that we do not get paid until we win your case. Contact our team today for your free case evaluation by calling (954) 633-8270.

We also help the victims of personal injury in the following cities:

Florida Car Accident: When a Recorded Statement is Requested by an Insurance Adjuster

December 17, 2019 Aditya BLOG, AUTO ACCIDENT, PERSONAL INJURY

Florida Car Accident

If you live in Fort Lauderdale and get into a car accident injury, you face many unfortunate repercussions: injuries, medical bills, damages to your vehicle, lost wages from work, and more. To recoup these expensive costs, you may consider filing an insurance claim against the negligent driver. When this happens, most insurance companies will request a recorded statement. An insurance adjuster will then use the statement to process your claim for compensation.

It’s important to be careful when speaking with the insurance adjuster. Their job is to keep more money in the insurance company’s pocket, not look out for your best interests. The best thing you can do when filing an insurance claim for a car accident is to seek legal counsel.

What the Insurance Adjuster Wants

With a recorded statement, an adjuster is looking for 2 things: documentation of the extent of your injuries and admission of partial or full fault on your part. Essentially, the insurance adjuster is looking for reasons to reduce the amount of compensation you will be awarded in your claim. Regarding your injuries, they’re likely looking to catch you early before you know their full extent. This will keep them for having to pay more for them.

Insurance adjusters also want to prove your fault in the accident. If they catch you say things like “I’m sorry,” “my mistake,” or any other gleaning that you in some way contributed to the accident, it may show you hold accountability in the car accident, thereby lowering the amount you can be awarded, if any at all.

Before giving a recorded statement to an insurance adjuster, it’s important to seek legal counsel, research your policy, and prepare what you will say ahead of time. This can keep you from doing something that could affect the compensation you receive. Contact Fort Myers car accident lawyer for more help.

Be Prepared

Don’t agree to give a statement right away. Schedule a time in the future that allows you enough time to adequately prepare. Try to make an appointment after the adjuster’s lunch break, that way they won’t be in a rush to get it over with.

Follow these tips when preparing your statement:

Gather details and documentation – have the location, names of any passengers, witness contacts, policy information, vehicle descriptions, police report numbers, and any medical contacts on hand and ready before you begin your statement.
Know your policy – Know what you are entitled to under your policy and be aware of how fault and injury severity factor into your claim.
Request a transcript of the statement – This will give you some reference to your conversation when talking to your adjuster at a later time, or when working with your lawyer.
Prepare for possible questions – Have answers ready for expected questions. They will likely ask you to recount the accident, to describe the surroundings, and to note any stoplights or signs involved. Have responses ready, so you don’t accidentally say something that could hurt your claim.
Be ready to decline questions or say “I don’t know.” – If the insurance adjuster asks you a question that you feel isn’t pertinent to the claim, you don’t have an answer, or it could hurt your claim; you can always decline to answer or say “I don’t know.”
Consult an attorney – Discussing your statement beforehand with an experienced attorney is the best way to ensure your claim’s success. Contact our attorneys at the law offices of Wolf & Pravato.

When delivering your statement, don’t volunteer any extraneous information. Simply answer the questions asked and no more. Also, unless you are complete, 100% sure of something, use the terms “about,” “approximately,” or “as best I can recall” to protect yourself.

It’s important to be prepared before delivering an accident statement to an insurance adjuster about your car accident claim. It could make a notable difference in your settlement amount.

When It’s Time to Contact a Car Accident Attorney

If you or a loved one were involved or injured in Fort Lauderdale from a recent car accident, an accident claim may cover damages, medical bills, and other costs you have incurred. Call 954-522-5800 or 954-633-8270 today to speak with a Fort Lauderdale car accident attorney at the law offices of Wolf & Pravato today.

We also help the victims of a car accident in the following cities:

What is a Tort Claim?

November 10, 2019 Eric Rosado BLOG, PERSONAL INJURY

What is Tort Claim?

According to the legal definition given by Cornell Law School, a tort claim outlines an act that causes injury or harm to another party, amounting to a civil wrong that allows the courts to assign liability. Specifically, an injury, in this case, can mean any imposition on another person’s legal rights. Further, the legal understanding of harm in a tort claim is meant to describe a victim’s overall losses.

Tort Definition

In short, a tort claim is any act that can harm a person’s wellbeing, thereby infringing on their rights and making the offender liable for their pain and suffering. When found legally responsible, the liable party may have to pay out damages related to any emotional, monetary, or physical losses the victim has suffered, as well as various other applicable damages.

Tort Is A Civil Claim

A tort is a civil claim where a claimant has suffered damages due to the actions of the person who committed the act. In this type of claim, the person who committed the act can be held legally liable. The losses incurred by the claimant may be financial, physical injuries, emotional distress, invasion of privacy, and others. Basically, a tort claim is an act committed by one person that causes harm to another.

A Fort Lauderdale personal injury lawyer can help you file a tort claim to recover compensation for any harm you suffered.

Circumstances That May Warrant a Tort Claim

Numerous personal injury and invasion of privacy offenses may result in a tort claim, including instances of assault and trespassing. However, tort claims branch out from the basic tenets of traditional personal injury law, because they include more abstract wrongdoings like fraud, emotional abuse, and defamation of character.

Different Types of tort Claims

Accordingly, there are many different types of tort claims that encompass a variety of misdeeds, ranging from traditional acts of negligence to property crimes and beyond. Tort claims are interesting in that they can also be filed against the United States government in an attempt to recover unrightful losses.

As detailed by Cornell Law School, examples of tort claims can include:

Product liability.
Battery and assault.
Inducement of contract.
Public and private nuisances.
Various types of negligence, including Negligence Per Se and Res Ipsa Loquitur Negligence.
False imprisonment.

What are the Types of Torts?

There are several different kinds of torts.

Intentional Torts

Intentional torts can include fraud, misrepresentation, slander, libel, false imprisonment, assault and battery, and Florida wrongful death claims. They are actions that were deliberately taken. A tort may result in a civil suit where the defendant can be found liable and ordered to pay monetary damages to the plaintiff.

Negligent Torts

Negligent tort is a failure to act the same way a reasonable person would act to whom they owe a duty of care. Negligent torts are not intentional or deliberate. There must also be an injury that is the result of the breach of that duty.

Examples of negligent torts are motor vehicle accidents, dog bites, medical malpractice cases, slip and falls, and wrongful death cases. For example, a doctor does not double-check their chart and operates on the wrong part of your body.

Strict Liability Torts

Strict liability refers to cases where one party has liability for an injury, regardless of whether they acted negligently or not. Defective products, dog bites, or animal attacks, and extremely dangerous activities can be examples of strict liability torts. As an example, a defective product injures a customer. Because strict liability laws hold the manufacturer responsible in most cases, the customer does not need to prove the manufacturer acted negligently to recover compensation. Our Fort Myers personal injury lawyer can help you to recover the compensation that you deserve.

Specific Areas of Tort Law

Torts cover a range of economic, private, and social implications, depending on which tort law the claim falls within. For example, some torts may deal with business contracts, while others may deal with a neighbor leaving excessive amounts of garbage in their yard.

In general, the types of tort law include:

Nuisance Torts.

This includes actions such as playing loud music, polluting the neighborhood creek, and not cleaning up garbage.

Strict Liability Torts.

These encompass claims like product liability and dog bite cases, ultimately stating that a negligent party does not need to know they are putting people at risk in order to be liable for ensuing injuries.

Intentional Torts.

These include physical attacks like assault, but also cover fraud, trespassing, and intentional emotional distress.

Negligence Torts.

This type of tort is the basis of traditional personal injury law, including motor vehicle accidents, medical malpractice, and slip and fall cases.

Economic Torts.

These mostly center on business dealings, including negligent misrepresentation, interfering with trade, and inducement of breach of contract claims.

See Some Examples of Tort Cases

Car Accident

If a driver hits you and runs when having a stop sign.

Slip and Fall

If you fall in a private or public place because of someone’s negligence.

Brain Injury

If you caused a brain injury in the construction zone or other because of the negligence of others.

Bicycle Accident

If someone opens a ca door and suddenly you hit by it.

Dog Bite

If the dog bits you because of dog owner negligence behavior.

A tort claim can also be brought against the United States federal government or any branch of the government, including the U.S. Department of Veterans Affairs (VA), for money damages due to property loss, injury, or death.

Tort Cases Characteristics Decided in 1996 by Trial in State and Federal Courts

	Percentage of Cases Won by Plaintiff	Median Award (Dollars)	$250,000 or More	$1 Million or More
All Tort Cases
State	48.2	31,000	16.9	5.8
Federal	45.8	139,000	38.1	14.6
Automobile Accidents
State	57.5	18,000	8.7	3.4
Federal	59.7	100,000	37.4	11.6
Medical Malpractice
State	23.4	286,000	51.0	20.2
Federal	39.8	252,000	54.3	22.9
Asbestos
State	55.6	309,000	50.6	12.1
Federal	40.0	465,000	50.0	0
Product Liability Other Than Asbestos
State	37.1	177,000	41.2	16.3
Federal	26.6	368,500	62.0	24.0

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Call the Law Offices of Wolf & Pravato Helping Clients Navigate the Personal Injury Process

Here at the Law Offices of Wolf & Pravato, we have represented clients in numerous tort claim cases. However, these civil actions do not last indefinitely. If you have been injured and wish to seek damages, it is important that you take legal action within the four-year statute of limitations dictated by Florida State Legislature Statute § 95.11.

In cases of medical malpractice related to nursing home abuse, Florida State Legislature Statute § 400.0236 dictates a two-year statute of limitations. Other unique tort claims have their own statutes under Florida law.

Speaking with a personal injury lawyer may help you better understand the types of legal factors at play if you choose to move forward with your claim. To get started with a free consultation and case review today, contact a team member at the Law Offices of Wolf & Pravato at (954) 633-8270.

We also help the victims of personal injury in other cities:

What Does a Personal Injury Lawyer Do?

November 1, 2019 Aditya BLOG, PERSONAL INJURY

Personal Injury Law

If you are injured due to the negligence of another, a personal injury attorney in Florida can help you determine who or what is responsible for your injuries and assist you in receiving compensation for your injuries.

How a Personal Injury Lawyer Can Help Your Case

Fort Myers Personal injury lawyers will meet with you to review the facts of your case. They will gather the paperwork and other evidence from the accident such as photographs, videos, witness contact information, insurance company information, medical reports, police reports, and other communication between you and the parties involved in your case.

Your lawyer can also help you:

Build a case to determine who is liable for your injuries
Handle the paperwork
Submit court-related documentation by their deadlines
Manage communications on your behalf with the insurance company
Negotiate with the insurance company to receive compensation
Represent you in court if your case proceeds to trial

Your Personal Injury Lawyer Can Help With Creditors

If you have problems with creditors due to the expenses associated with recuperating from a serious injury, and your financial obligations seem overwhelming, your lawyer can speak with your creditors to verify the accident and, if properly arranged between the parties, agree to protect your creditor’s claim from the money for the settlement.

Your Lawyer Can Help Negotiate a Fair Personal Injury Settlement

Many personal injury cases are settled before a case goes to court. The insurance company does not want to go to trial because of the time and money it costs to try a case that can be lengthy and ultimately expensive. You and your attorney may also want to avoid a trial for similar reasons. Your attorney will negotiate with the insurance company to help get you the compensation you need without the added time and expense necessary to bring your case to trial.

Your Lawyer Can Advise You on How You Can Help Your Case

Your attorney will tell you what you can do, and not do, to help your case move through the legal system more smoothly. You can help your attorney by:

Sending your attorney all the documents related to your case
Notifying your lawyer when your doctor has released you from further medical treatment, and you can return to work
Notifying your lawyer immediately if there is a change in your address or phone number

Your attorney will also advise you to:

Not sign any document relevant to your case without speaking to the attorney first
Not change medical providers without speaking to your attorney first
Not discuss your case with anyone
Not post anything about your case on social media

In these and other ways, a Fort Lauderdale personal injury lawyer helps to make the legal process easier for victims, so they can focus more of their attention on their recovery.

Recoverable Damages for Your Personal Injury Claim

When seeking recoverable damages for the injuries you suffered, you may be able to receive personal injury claim compensation for:

Current and future medical expenses
Transportation to and from medical treatment
Current and future lost wages
Hiring household assistance if you are not able to perform your regular duties
Pain and suffering

If a close relative passed away as a result of the accident, your lawyer may also be able to file a wrongful death claim on your behalf to pursue additional compensation for funeral and burial costs, loss of consortium, and related damages. A personal injury lawyer can help you navigate the legal process during these difficult moments, so you can spend more time with your family.

How Personal Injury Lawyers Are Paid

Personal injury attorneys in Miami generally take cases on a contingency fee basis. This means that the lawyer is paid when you receive a settlement in your case or a judgment in your favor. You do not usually have to pay anything to an attorney at the beginning of your case. The attorney’s fees will usually be a percentage of the recovered damages. Our Lawyers who work on a contingency fee basis do not get paid until you do.

Types of Cases Handled by Personal Injury Lawyers

Personal injury lawyers handle several types of personal injury claims, including:

Car accidents, including vehicle rollovers, single-car accidents, chain-reaction accidents, rear-end collisions, side-impact collisions, head-on collisions, and bus, truck, and ridesharing accidents
Construction site accidents, including crane and scaffolding accidents; hoist accidents; gas leaks, fires, and explosions; forklift accidents; electrocutions; struck-by and caught-between accidents; and dangerous exposure to chemicals or toxins
Dog bites and dog attacks
Medical malpractice, including misdiagnoses, medication mistakes, anesthesia mistakes, and surgery errors
Slip and fall accidents, including weather-related accidents, cluttered aisles in stores, elevator accidents, and inadequate lighting
Premises liability cases
Wrongful death cases

These are not the only personal injuries for which you can claim compensation. If you or a loved one was injured through the negligence of another, a personal injury law firm Fort Myers can help you build a case for compensation.

Get Help from a Personal Injury Lawyer Today

If you or a loved one has been injured due to the negligence of someone else, you have options. Contact our attorney at the Law Offices of Wolf & Pravato at (954) 633-8270. The statute of limitations, or deadline for filing your case, is four years from the date you were injured, so don’t wait to get started. Call us for your no-cost case review today.