What Does a Personal Injury Lawyer Do?

September 17, 2019 Kim Jones

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

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 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 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 can be lengthy and ultimately expensive. You and your attorney may also want to avoid a trial for the 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. 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.

We also help victims of personal injury in following cities:

 

Kim JonesWhat Does a Personal Injury Lawyer Do?
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Traumatic Brain Injury Rehabilitation

September 11, 2019 Kim Jones ,

Traumatic brain injuries

Traumatic brain injuries (TBIs) can result in physical and psychological damage that can remain with you for the rest of your life. Signs or symptoms may appear immediately after a traumatic event, while others may appear days or weeks later. The effects of a TBI can be far-reaching. If you or someone you love has suffered a TBI, rehabilitation may be the only way to regain physical and cognitive abilities. The costs of rehab can quickly grow. A Florida TBI lawyer can help you determine if you might be eligible to recoup those costs.

Types of Rehabilitation

You may no longer be able to work and provide for yourself and your family. You may not be able to complete simple household tasks such as washing clothes and vacuuming. You may need a caregiver to help you with your daily activities.

Brain injuries can affect almost everything in your life, and the type of rehabilitation that is best for you depends upon what areas of your life have been impacted and what unique challenges you may be facing. Some specialized treatments that may help you regain what you have lost are:

  • Cognitive therapy
  • Speech and language therapy
  • Physical therapy
  • Occupational therapy
  • Vocational rehabilitation

Your healthcare provider can connect you with the appropriate caregivers for your symptoms and help you to recover more fully.

Recoverable Damages in a Traumatic Brain Injury Claim

Rehabilitation is often expensive. Fortunately, you may not need to cover the costs on your own. In a TBI claim, you can typically pursue the recovery of damages for:

  • Costs of medical treatment
  • Rehabilitation
  • Diminished earning capacity
  • Disability

Your personal injury attorney can help you calculate your losses, which includes not only the costs you have already incurred but also the expenses you are likely to have in the future stemming from your injury. TBI victims often require long-term care and rehabilitation, and it is important for your brain injury lawyer to pursue damages that cover these expenses.

Proving a Traumatic Brain Injury Claim

TBI lawsuits are usually based on the theory of negligence, which means that the party being sued is legally responsible for your injury because they acted in a careless fashion.

To prove your case, a TBI lawyer will need to demonstrate the following:

  • The at-fault party owed you a duty.
  • They breached that duty.
  • The breach caused your injury.
  • You suffered damages.

They will use evidence like medical records, accident reports, and testimony from medical expert witnesses to help substantiate your claims and build a strong case on your behalf.

Get Help From a Traumatic Brain Injury Lawyer Today

If you have suffered a traumatic brain injury, contact a personal injury law firm in Florida the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case evaluation with a TBI lawyer. You deserve justice and compensation, and we can help you evaluate your recoverable damages.

Kim JonesTraumatic Brain Injury Rehabilitation
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What is a Tort Claim?

September 10, 2019 Kim Jones

Tort 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 Florida personal injury lawyer can help you file a tort claim to recover compensation for any harm you suffered.

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 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

A 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.

Types of Tort Law

To prevail in a tort case, the claimant must prove that they suffered injuries and they were due to some action on the defendant’s part. In many cases, the claimant needs to prove negligence to recover compensation.

There are several different types of tort law, including:

  • Intentional torts
  • Property torts
  • Negligence
  • Nuisance torts
  • Liability torts
  • Economic torts

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.

Call the Law Offices of Wolf & Pravato Today

If you have been injured due to another person’s action or failure to act, whether intentional or as a result of their negligence, call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case consultation.

Kim JonesWhat is a Tort Claim?
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What to Do If You Hit Your Head

September 8, 2019 Kim Jones ,

Head Injury

It can be very confusing to figure out what to do if you hit your head and have suffered injuries in an accident or mishap. As soon as you are able, you should get medical attention. Head injuries can be severe—even life-threatening. You could have bleeding in the brain without realizing it until it is too late.

If someone else’s carelessness caused you to get hurt, you can work with a lawyer to go after financial damages. Talk with a traumatic brain injury lawyer Florida as soon as possible to avoid the pitfalls that could hurt the settlement value of your injury claim.

Symptoms of a Head Injury in an Adult

The Mayo Clinic urges you to call 911 or your local emergency number if you have any of these signs after hitting your head, as they can indicate severe head trauma:

  • Significant bleeding from your head or face
  • Blood or other fluid coming from your nose or ears
  • Severe headache
  • You stop breathing, have a seizure, or lose consciousness
  • The pupils of your eyes are different sizes
  • You are confused or have slurred speech
  • You lose your balance, are weak, or cannot use one of your arms or legs
  • You have discoloration under your eyes or behind your ears

Even if you do not have any of these head injury symptoms at first, you should get medical attention immediately after a strong blow to the head.

Symptoms of a Head Injury in a Child

According to the Mayo Clinic, children can have any of the adult symptoms or these signs:

  • Repeated vomiting
  • Refusing to eat
  • Persistent crying
  • A bulge on the head (usually with infants)

Whenever a child sustains a significant impact to the head, you should take the child for a head trauma evaluation at once. Contact a lawyer for child brain injury and lawsuit information.

Treatments for Traumatic Brain Injury 

The treatment for a traumatic brain injury (TBI) can leave you sidelined for weeks or months. For example:

  • If you have a blood clot from the blow to the head, a surgeon might have to perform surgery to remove the clot. Untreated blood clots outside or within the brain can put pressure on the brain and damage brain tissue. A clot could cause a stroke.
  • If your skull fractured, the surgeon might have to remove pieces of the skull that broke off or secure pieces of your skull closed with wire.
  • You might need surgery to stop bleeding in the brain.
  • With severe swelling in the brain or accumulation of cerebral spinal fluid, the surgeon might have to surgically implant a drain or create a window in your skull to prevent damage to brain tissue.

Long-term impacts of TBI can include cognitive impairment, chronic severe headaches, mood and personality changes, weakness, paralysis, and the loss of speech, sight, or hearing.

Getting Legal Help After a Head Injury

If someone’s carelessness caused or contributed to the accident in which you sustained a head injury, a lawyer can help you go after the full value of your personal injury claim. You can focus on getting better and leave the legal matters to us. We can deal directly with the insurance company so that you do not have to. We offer attentive and caring service and treat clients like family.

Call the Personal injury Lawyer Florida at Law Offices of Wolf & Pravato at (954) 633-8270 to get started. The initial consultation is free, and there is no obligation. We want to help guide you through the legal process of what to do if you hit your head.

Kim JonesWhat to Do If You Hit Your Head
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How Long Do I Have to Report a Car Accident to Insurance?

September 5, 2019 Kim Jones , ,

Report a Car Accident Insurance

You need to notify your car insurance company about a car accident right away, but do not give any statements. Speak with a lawyer first for help in filing your claim and dealing with adjusters.

How Much Time You Have

Every insurance company has different deadlines for notifying them about a car accident, so we cannot say that you must inform your carrier within a specified number of hours or days. You should check your car insurance policy to see if it states a deadline.

Do not wait until the deadline. All you need is a cell phone and your insurance card to call the insurer as soon as possible and protect your claim.

Prompt Notification

Some car policies require “prompt” notification of claims, but they usually do not define what they mean by prompt. Many car insurance policies contain an absolute deadline of 30 days. However, do not be tricked into thinking that the insurer will consider notification within 30 days as prompt. Some insurers have tried to get out of paying valid claims because the insured motorist notified the company two days after an incident instead of the same day.

When Prompt Notification Is Impossible

Sometimes a person cannot notify the insurer promptly or even within 30 days. Let’s say that someone suffers devastating injuries like severe head trauma, is in a coma, or, for some other reason, it is medically impossible for that person to contact his insurer. A close relative or friend might step in and inform the injured person’s insurance company. If there is no one else to handle the notification, a lawyer handling the injury claim can send notice to the insurer.

How to Deal With Your Insurance Company After a Car Accident

You should deal with your insurer as little as possible. Call right away after the accident and provide brief notice of the crash, then contact a car accident lawyer Florida. Let the lawyer handle things from that point. Keep these three things in mind:

  • Do not give a recorded statement. Many claims adjusters ask injured people to give recorded statements. The adjuster might say that the statement is your opportunity to tell your side of the story, but the reality is that the insurer can twist your words to try to pay you less money.
  • Let your lawyer deal directly with the insurer to protect you from the tactics of some adjusters. An adjuster’s job is to pay you as little money as possible for your injuries. Your lawyer can go after the full value of your money damages.
  • You can focus on getting better while we take care of your legal matters. When you are recuperating from injuries, you should not have to stress over your accident claim. We can deal directly with the insurers so that you do not have to.

Our state limits the amount of time you have to file a lawsuit for your injuries. Do not miss the deadline. Contact us today to get started.

Getting Legal Help After a Car Accident

If you got hurt in a car accident because of someone else’s carelessness, you might have a claim for money damages. Personal injury attorney in Florida at The Law Offices of Wolf & Pravato can help you go after the compensation you deserve.

Call us today at (954) 633-8270 for a free consultation. There is no obligation.

 

Kim JonesHow Long Do I Have to Report a Car Accident to Insurance?
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Who Is Eligible to File an Uber Accident Lawsuit?

September 2, 2019 Kim Jones ,

File an Uber Accident Lawsuit

You are eligible to file an Uber accident lawsuit if you sustained bodily injury and/or property damage as a(n):

  • Uber passenger
  • Uber driver
  • Another motorist
  • Pedestrian
  • Cyclist or moped operator

In some cases, there may be more than one liable party. A Florida Uber accident lawyer can help you by explaining your legal options.

How Liability With an Uber Driver Works

Ride-share companies like Uber and Lyft must carry liability insurance in case passengers, pedestrians, drivers, cyclists, or another party is injured during certain stages of the ride-share process.

Uber has a $1 million liability insurance policy that is activated when the Uber driver is on the app and carrying passengers.

If you were injured in an Uber accident and the Uber driver is on the app but does not have any passengers, you could be entitled to coverage from Uber and/or the driver’s personal auto insurance. If you were involved in an accident with an Uber driver who is neither on the app nor carrying passengers, only the driver’s personal insurance would apply.

Why You Should Contact an Uber Accident Lawyer

Uber accidents can result in extensive injuries, including broken bones, internal bleeding, and traumatic brain injury. Depending on your injuries, you might be faced with medical bills and expenses that you may not be able to pay.

An Uber accident lawyer will find out who is responsible and seek compensation for your injuries and expenses.

You may be entitled to compensation that may include:

  • Emergency room and ambulance
  • Hospitalization
  • Other medical expenses
  • Lifecare costs
  • Lost pay
  • Temporary or permanent disability
  • Disfigurement
  • Pain and suffering

How an Uber Lawyer Protects Your Rights

An Uber accident lawyer in Fort Lauderdale can seek recovery first from an insurance claim and then through a lawsuit if necessary. Under Florida statutes, you have four years to file a personal injury lawsuit.

Most people do not have the training or experience to fully exercise their legal rights. An Uber accident lawyer will build a persuasive case with:

  • Police reports
  • Witness statements
  • Review of the Uber driver’s safety, training, and driving records
  • Evaluation of your injuries and damages for a correct valuation of your losses
  • Photos, videos, and other evidence from the accident

If you were injured in an Uber accident, you are likely eligible to seek recovery from the liable party before the statute of limitations under FL § 95.11 runs out. A member of our team is happy to meet with you at the hospital, your home, or our office.

A Florida personal injury lawyer from the Law Offices of Wolf & Pravato will fight for the compensation you deserve. Please call (954) 633-8270 for a free consultation.

Kim JonesWho Is Eligible to File an Uber Accident Lawsuit?
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What to Do if You Were Injured in a Car Accident That Wasn’t Your Fault

August 30, 2019 Kim Jones , , , ,

If you Injured in a Car Accident

Your first action after any car accident regardless of fault is to get medical care. If you were severely injured, you were likely taken to the closest emergency room. Otherwise, please see your doctor or other healthcare provider as soon as possible. In our experience as Florida auto accident lawyers, sometimes the shock and confusion after a car accident can mask a serious health condition.

After a doctor has examined you, please follow all recommendations for any follow-up treatment, including appointments, prescription medicine, and therapy. Now it is time to call another professional who can help you: an auto accident lawyer Fort Lauderdale.

Florida’s Tricky “No-Fault” Insurance Laws 

Florida is one of a handful of states that has a “no-fault” liability for auto accidents. This is confusing as it implies that you cannot seek recovery from a negligent driver. You can. Our car accident lawyers in Fort Myers, for example, have recovered compensation for clients from negligent drivers throughout Florida. However, Florida’s unique requirements make it challenging for most people to seek compensation.

Compensation From Your Personal Injury Protection Insurance 

Your first source of compensation for car accident injuries is your own personal injury protection insurance, referred to as “PIP.” Your PIP will cover the first $10,000 in medical bills for each injured person in one accident. In addition, the Florida Financial Responsibility Law has other insurance requirements. If you are a Florida resident and own a vehicle with at least four wheels, you are compelled to carry:

  • $10,000 personal injury protection limit per person, per accident
  • $10,000 property damage liability per accident
  • $20,000 bodily injury liability per accident

Your personal injury protection also covers, to policy limits:

  • Your child or children
  • Members of your household
  • Passengers who do not own a vehicle and are not required to carry PIP

A car Accident Lawyer Helps You Get the Benefits You Deserve

You might think that getting compensation from your own personal auto insurance policy is as simple as filing a claim and including copies of your medical bills and other expenses.

Unfortunately, some insurance carriers make it difficult to recover compensation for their own policyholders. Insurance companies make money by collecting premiums, and they lose money by paying claims. In our experience, insurance companies will try to deny, delay, or downplay legitimate claims.

Understanding Your Personal Insurance Coverage

Many people faithfully pay their auto insurance premiums without fully understanding their benefits. You would expect that your policy would cover medical bills, but your policy might also reimburse you for towing and rental cars.

Insurance policies are complex and have many legal references. A car accident lawyer can explain your policy coverage and make sure that you receive all the benefits you deserve.

When You Could Pursue Compensation From the Other Driver

The $10,000 minimum PIP from your insurance coverage will not be adequate if you are severely injured in a car accident. Florida has a significant injury threshold if your medical bills exceed the $10,000 limit.

You could be entitled to additional compensation beyond your personal injury protection if you suffered the following:

  • Significant, permanent scarring or disfigurement
  • Significant, permanent loss of a bodily function
  • Permanent injury

The definition of these significant and permanent injuries can be broadly defined. That is why you should contact an auto accident lawyer who can prove that you are entitled to added compensation.

Examples of car accident injuries that are likely to exceed your PIP limits include:

How a Car Accident Lawyer Recovers Additional Compensation

It is important that you have a car accident lawyer explain your legal rights if you exhaust the first $10,000 for medical bills. In these situations, a lawyer will assess your injuries, damages, and expected health prognosis. A lawyer who handles car accidents understands that both current and future damages must be calculated. If you are left disabled and unable to work because of a careless driver, it is only fair that you and your family are compensated.

Pursuing Compensation From the Other Driver

A car accident lawyer can investigate the other driver’s liability and seek recovery on your behalf. Liability is determined by a few factors:

  • The other driver (the defendant) owed you (the plaintiff) a duty of care to drive safely and take reasonable actions to prevent the collision.
  • The defendant breached this duty of care in some way, such as speeding or driving while intoxicated.
  • Your injuries were caused by this negligence.
  • You now have damages in the form of medical bills, car repairs, and other losses.

When There Are Multiple Liable Parties

In some accidents, there might be more than one liable party. For example, if you were injured by a commercial truck driver, the trucking company may also be held accountable. The same is true if your car was hit by a chartered bus. Whether the person or party is directly or vicariously responsible, you are entitled to seek compensation for your injuries and damages.

Car Accident Compensation

You may be entitled to economic and noneconomic damages such as:

  • Ambulance and emergency room services
  • Doctor’s visits, hospital stays, and other medical expenses
  • Lost pay
  • Lifecare costs
  • Disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish

Call Our Firm Today at (954) 633-8270.

The Law Offices of Wolf & Pravato have helped many car accident victims. You should know that Florida has a statute of limitations on personal injury lawsuits. You have four years from the date of the accident to file a personal injury lawsuit. Please call our personal injury lawyer in Florida today for a free consultation at (954) 633-8270.

 

Kim JonesWhat to Do if You Were Injured in a Car Accident That Wasn’t Your Fault
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Personal Injury Calculator

August 24, 2019 Kim Jones

Calculate Personal Injury Compensation

If you are injured because of another person or party’s negligence, you may seek compensation for your damages. There are certain factors that influence the exact amount of damages you could recover, including:

  • Severity and extent of your injuries
  • Treatment and prognosis
  • Proof of liability against the defendant
  • Comparative negligence
  • Negotiations for a settlement
  • Judge’s ruling in a verdict

Calculating damages in a personal injury case is complex. It is recommended that you consult a Fort Lauderdale personal injury attorney to make sure that your rights are fully protected, including your right to file a personal injury claim or personal injury lawsuit for recoverable damages.

There Are Two Main Types of Recoverable Damages

A Fort Myers personal injury lawyer may file an insurance claim or a personal injury lawsuit on your behalf to pursue recovery for damages such as:

  • Medical expenses
  • Car rental
  • Lost pay
  • Pain and suffering
  • Loss of consortium and companionship

You may notice that some of these damages are easily calculated because they are a fixed amount, such as a bill for a doctor’s visit. Other damages are less tangible, such as pain and suffering. It is simple to add up medical bills and other expenses, but how do you calculate the financial loss of a loved one or the mental anguish after a terrible car accident?

Fortunately, a personal injury lawyer has a deep understanding of liability laws and will make a careful evaluation to get you the compensation that you deserve. These include both specific and general damages.

  • Specific damages are tangible expenses such as medical bills, car repairs, or lost wages. Specific damages are supported by receipts, canceled checks, or pay stubs.
  • General damages are more difficult to evaluate because they are not within a fixed time schedule or event. For example, pain and suffering is considered a general damage that may last weeks, months, or a lifetime.

Proving Liability Is Vital to Recovering Damages in a Personal Injury Case

A personal injury case occurs when a plaintiff (the injured party) files a claim or lawsuit against the defendant (the party who allegedly caused the injury). The defendant can be a person, company, or government agency.

In a personal injury case, the plaintiff’s lawyer will claim that the defendant acted in a way that caused harm, whether intentionally or irresponsibly.

Personal injury cases stem from any situation in which the defendant’s negligence caused harm to the plaintiff:

The plaintiff may suffer both physical and emotional injuries, as well as property damage.

How a Personal Injury Lawyer Shows Liability

Personal injuries cannot be calculated until a lawyer has built a persuasive case for compensation. A personal injury lawyer will show that:

  • The defendant owed the plaintiff a duty of care to avoid the accident if possible;
  • The defendant breached this duty of care for some reason;
  • This breach directly caused injury to the plaintiff;
  • The plaintiff has damages from these injuries in the form of medical bills, pain and suffering, and other losses.

Your lawyer must show that it is more likely than not that the defendant is responsible for your injuries and therefore your damages.

How Comparative Negligence Affects Potential Financial Recovery

Many states have comparative negligence laws for personal injury cases. Depending on the specific statute, plaintiffs may seek compensation even if they played a minor role in the accident.

However, the total amount of compensation may be reduced according to the percentage of fault assigned to the plaintiff. Some states only allow you to seek compensation if you are less than 50 percent responsible. Other states have different qualifying structures. A personal injury lawyer in your state is familiar with these laws and can advise you accordingly.

Example of Comparative Negligence Impact on Compensation

If you live in a state that has a 51 percent threshold, you may seek compensation for your injuries and damages if you were less than 50 percent responsible. Your financial recovery would be reduced according to the percentage fault assigned to you by the insurance adjuster or the court.

For example, if your injuries and damages totaled $100,000 and your role in the accident was estimated to be 20 percent, your total compensation is reduced to $80,000. States with comparative negligence statutes believe that this is the best way to balance responsibility for an incident in which both parties contributed to the outcome.

How Personal Injuries Are Calculated

After a lawyer shows liability, it is time to calculate damages and send them to the insurance company or the court. Please keep in mind that there are usually a few rounds of negotiation between the plaintiff’s lawyer and the lawyer for the defendant. Likewise, a judge or jury may award more or less than the amount your lawyer seeks in a trial.

General damages are multiplied on a scale of 1.5 and 5 according to their severity, and an amount is assigned. The following kinds of damage often are a major factor in personal injury claims:

  • Pain and suffering refers to constant pain that decreases or deprives the plaintiff from their earlier quality of life.
  • Mental anguish refers to the emotional distress that goes with many personal injury claims, including depression, anxiety, fear, insomnia, and other emotional trauma.
  • Loss of consortium or companionship applies to how the personal injury affected the plaintiff’s relationships with their spouses, children, and other family members.

We Are Here to Answer Your Questions

Calculating personal injuries is best left to a Florida personal injury lawyer who can accurately assess your situation. Please call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free consultation.

Kim JonesPersonal Injury Calculator
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Do I Need a Personal Injury Lawyer for My Accident?

August 21, 2019 Kim Jones ,

Need a Personal Injury Lawyer for Accident

We strongly recommend that you seek legal counsel from a personal injury lawyer after an accident. Florida’s “no-fault” insurance laws are complex. You do not want to jeopardize potential compensation for damages if you qualify. You also should not have to deal with insurance companies while you are recuperating from the accident.

Our firm offers free case evaluations and works on a contingency fee basis only. You pay attorney fees only if we successfully recover compensation for you.

How a Personal Injury Lawyer Helps You 

Under Florida law, the first $10,000 in medical bills and other expenses is covered by your personal auto insurance policy. If you are severely injured or lost a family member in the accident, you may qualify for additional compensation. This can be challenging if there are multiple parties who may be liable.

A personal injury lawyer will help you get the compensation you deserve:

  • Complete a thorough evaluation of your injuries and expenses.
  • Compile a correct valuation of your damages.
  • Negotiate with the defendant’s insurance adjuster or lawyer.
  • Examine the evidence, including witness statements, police reports, and other essential information that shows liability.
  • Take your case to court if necessary.

Insurance Companies Can Make Life Difficult for You

In our experience, many insurance companies try to deny or delay legitimate claims, even if you are the policyholder. This adds to your stress after a car accident, and this why we suggest that you let a personal injury lawyer deal with the insurance adjuster.

Some of the tactics that an insurance company might use include:

  • Share your statement with the other driver’s insurance carrier, which could jeopardize your claim if you seek additional compensation.
  • Become aggressive or ask leading questions to get you to say something rash that might work against you.
  • Persuade you to sign a medical release to deny your claim if you have a pre-existing condition.
  • Look for inconsistencies in your statement that could be from taking pain medication or simply feeling unwell.

We Help You Get Compensation While You Recuperate

A Fort Lauderdale personal injury lawyer from our firm is familiar with how insurance companies work. We are on your side and will aggressively pursue the compensation you deserve.

The safest way to preserve and protect your legal rights after an accident is to consult with a Florida personal injury lawyer. The Law Offices of Wolf & Pravato are ready to help you with your claim and pursue recovery on your behalf. You deserve to have a trusted, legal advocate on your side so you can rest and feel better. Please call (954) 633-8270 for a free consultation.

Kim JonesDo I Need a Personal Injury Lawyer for My Accident?
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What Is Personal Injury Law?

July 24, 2019 Kim Jones ,

Personal injury law allows you to file a legal claim or lawsuit against another party if you can establish that the party is responsible for an accident that resulted in your injury. The law allows you to recover damages (economic or noneconomic losses) that you incurred as a result of the accident.

Negligence, Careless Actions, and Intentional Injury

Negligence, careless action, or intent to harm can all be grounds for filing a personal injury claim or lawsuit. 

Negligence

Negligence is a failure to either provide reasonable care or act carefully in a given situation to avoid an accident. The at-fault party knew what the standard of care was, but did not meet it. As a result, an accident occurred.

Careless or Reckless Behavior

Recklessness is not the same as negligence. When someone acts recklessly, they understand the risks of their careless behavior, but intentionally engage in the behavior regardless of the risks. Consequently, their behavior caused an accident that led to your injuries. 

Intentional Conduct

The at-fault party intended to harm you and succeeded. When the other person intends to harm you, they may also be subject to criminal charges in addition to civil charges depending on the nature of the case. 

Different Types of Personal Injury Cases

There is a wide range of scenarios that can occur to cause a personal injury. Some of the most common personal injury cases include:

Vehicle Accidents

Vehicle accidents can include either personal vehicles or commercial vehicles. They may involve multiple vehicles, 18-wheelers, buses, pedestrians, electric scooters, or bicycles. The at-fault party may be intoxicated, driving carelessly, distracted, or negligent. 

Slip and Fall

If a property owner fails to provide a safe environment, a customer or guest could slip and fall on the property. Slip and fall accidents generally occur due to uneven floors, poor lighting, no railing in sidewalks & steps, or a lack of barrier & signage in a hazardous area. 

Medical Malpractice

A medical professional's negligence or careless actions may lead to an incorrect diagnosis, surgical error, or mistake in prescribing the wrong medication. Medical malpractice can happen in an emergency room, dentist’s office, or during the birth of a child. 

Negligent Security

In a negligent security case, the victim suffered from a vicious attack that may have been prevented if the facility owner or administrator had provided adequate security. Attacks often occur in hotels, apartments, restaurants, and businesses. 

Traumatic Brain Injury

A traumatic brain injury (TBI) can happen as a result of a severe cranial impact. Injuries are most common in sports and on construction sites. However, they can also occur in slip and fall cases, vehicle accidents, or pedestrian accidents.

Understanding Fault and Liability in a Personal Injury Case

People often use the terms “fault” and “liability” interchangeably. However, in a personal injury case, a personal injury lawyer may assign fault and liability to different parties for different reasons. 

Establishing Fault

The party that caused the accident is also responsible for your injuries. Therefore, your attorney will attempt to establish that the party is at fault based on evidence such as:

  • Photos or videos of the accident
  • Medical information including reports, receipts, or bills
  • Eyewitness accounts
  • Testimony from expert witnesses
  • Clues from the scene of the accident
  • Accident reports (police reports, property owner, etc.)

Establishing Liability

In a personal injury case, the party liable for your damages is typically an insurance company that provides some type of coverage for the at-fault party. Insurance protection could include auto insurance, liability insurance, or workers’ compensation. 

When you file a claim against the insurance company, an insurance adjuster will require proof that the at-fault party is at fault for the accident and that the accident is what led to your injuries. The insurance company may also request the total monetary amount of your damages. 

What You Can Claim as Personal Losses

When you file a personal injury claim, you may be eligible to account for two types of damages: economic and noneconomic.

1. Economic Damages

Economic damages are monetary expenses or losses that you incurred as a result of the accident. They may include:

  • Medical expenses
  • Lost wages
  • In-house services
  • Out-of-pocket 
  • Disability or disfigurement

2. Noneconomic Damages

Noneconomic damages are more difficult to estimate because they are less concrete than economic damages. They may include pain and suffering, emotional distress, loss of companionship, or a significant decline in the overall quality of your life.

The Difference Between a Personal Injury Claim and a Lawsuit

When pursuing compensation for damages, you may file a claim directly against the party or their insurance company. With the help of your attorney, you may negotiate a fair settlement with the other party and recover your losses. 

However, the insurance company may deny your claim or offer you an unfair settlement that is too low to cover your medical expenses or lost wages. If the insurer refuses to settle, then you may have the option of filing a lawsuit against the insurance company. 

In a lawsuit, a judge or jury will determine who is liable for your damages and how much your case is worth. Your lawyer can take on your case, guide you through litigation, and represent you in court. 

A Personal Injury Lawyer Can Help You with Your Case

If you are the victim of a personal injury accident and someone else is to blame, then contact the Law Offices of Wolf & Pravato. We offer comprehensive legal services for personal injury cases.

To find out more about our services, call us today at 954-633-8270 for a free case review. We can answer your questions, discuss your case, and help you explore your legal options. 

Kim JonesWhat Is Personal Injury Law?
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