Weston Car Accident Lawyer How to Value a Totaled Car

If you have been in a car accident in Weston and your vehicle suffered severe damage, you may need the services of a Weston car accident lawyer like the professionals at Martin, Lister & Alvarez. For most people, their car represents a major investment and if an insurance company wants to “total your car” they may use tactics to give you less than you are due.

In most states, the law specifies how an insurance company has to calculate claims for totaled vehicles. In North Carolina for example, the cost of repairing the vehicle must exceed 75% of the retail value of your car before they declare it totaled. In Florida, the method of determining a “totaled” loss is determined by the terms of the policy. There are no specific laws about how a car is deemed totaled.

However, your replacement (or repair) claim check must be based on the price of two like-model cars for sale in your area (in the last 90 days). In addition, the blue book value and the estimated retail price from a minimum of two car dealers in your area has to be considered.

At the end of the day, it’s the adjuster who makes the call. Did he offer a fair deal? How would you know for certain if he did?

How to Value Your Car When it has Been Totaled in an Accident

Actually, there are a number of resources available to you that can offer reasonable estimates on what your car was worth before it was totaled. Kelly Blue Book (KBB.com) and Edmunds (Edmunds.com) can both provide values based on your local market. As detailed as these sites are, they may still not reflect the value of your car.

For example, if you recently bought a set of new tires, or a new radiator, or had an upgraded audio system installed, these are items that typically will not be reflected in a database, yours or the adjuster’s. Gather receipts for all these improvements and use them to negotiate a bigger check! In Florida, your replacement or repair check has to include the cost of sales tax as well.

Generally speaking, the insurance company has the upper hand. They know you need transportation and if you disagree with the amount they are willing to pay they can just drag the process out until you agree by necessity.

If you reach this point, you may want to engage a personal injury attorney who specializes in auto accidents to handle the negotiations for you. This is particularly true if you were injured in the accident. In the bigger scheme of things, auto claims are small potatoes for insurance companies and they do not want to have to use legal resources to settle a “totaled” claim.

There is another option as well and that’s having the car repaired and then filing a diminished value claim. An experienced Weston car accident lawyer can help you decide if that’s a right strategy for you.

If you have questions, please do not hesitate to contact the friendly staff at Martin, Lister & Alverez today.

Weston Lawyer Explains How Wrongful Death Cases Work

Weston Lawyer Explains How Wrongful Death Cases Work

The loss of a loved one is always devastating, but if you believe the death was caused by another you definitely want to seek out a qualified Weston wrongful death lawyer. The rules regarding wrongful death lawsuits in Florida are stacked in favor of the insurance companies (defendants). To be successful in a wrongful death lawsuit you will need Weston attorneys like Martin, Lister & Alvarez who know how to navigate the many gray areas of wrongful death law.

Think about it for a moment. Has there ever been a time in your life when you were more hurt, angry, afraid and uncertain than now? What you need right now is an emotional lifeline to ensure you and your family don't forfeit your rights under the law. Your first step should be to contact a law firm with proven experience in the wrongful death field and have them review your case. Having professionals plot out a plan of action will go a long way in bringing a sense of organization and normalcy back into your life.

Consider this:

• Do you have a case? On the surface this sounds like a pretty cut a dried issue but often times it is not. In Florida a wrongful death has to be one caused by a wrongful act, negligence, default, or breach of contract or warranty. The next question is whom do you sue and this can get complicated. Lastly there is a question of your eligibility to sue based on your relationship with the decedent.
• Who can sue? Essentially there are two types of lawsuits that can be brought. The "personal representative" of the estate can sue on behalf of the estate. If the suit is successful the award is divided among the beneficiaries of the estate. Immediate family, and that can be a tricky definition; can sue as survivors if they were at least partially supported by the decedent. The difference between the two types of lawsuits is significant. Survivors can sue for more types of losses and typically result in much larger overall awards.
• How much time has passed? Yes there is a statute of limitations but the bigger issue is the ability to investigate the case. The longer it takes before your Weston attorneys start an investigation the more difficult it is to gather evidence. Witnesses move or their memory becomes blurry, files get lost or take longer to recover and of course the physical scene will have changed. The sooner you take action the better.

Wrongful death is difficult to deal with but you can't delay addressing it without risking your rights. If you have questions, and we are sure you do, we encourage you to submit your case to Martin, Lister & Alvarez today.

This post was originally published here: http://www.lawmla.com/weston-wrongful-death-lawyer-cases/

Naples Car Accident Lawyer Explains What To Do After an Accident

What To Do After a Car Accident? Naples Area Personal Injury Lawyer Explains

If you’re involved in a car accident in the Naples area where you or a passenger may have suffered an injury, there are a number of steps you should take as soon possible to be sure you don't forfeit your rights under the law. The clock is ticking on the time you have to receive compensation for your injuries. Florida is one of the few states in the country that has no fault insurance. That sounds good on paper but doesn't always work out that well if you’ve been injured. It often turns out to be a gift to the insurance companies.

In theory, with no fault insurance you don't seek damages from the liable party, instead your insurance pays for your property loss and medical expenses. The problem with Personal Injury Protection(PIP) as it is called is that it is limited to actual medical expense and lost wages. There is no provision for ongoing expenses or pain and suffering. Also, the maximum amount paid out is usually $10,000. The PIP will pay 80% of your medical expenses and 60% of any lost wages up to the limit of the policy. Half of Floridians have only $10,000, which is woefully inadequate if you’ve suffered a serious injury.

What To Do After a Car Accident

Car accidents in Naples that result in personal injury can typically be classified into two categories; those you walk away from and those you leave in an ambulance. Even if you’ve been in a minor accident, see your doctor anyway, particularly if you hit your head. Some serious injuries will not show symptoms right away.

The steps you take after an accident will affect your ability to collect on PIP or file a personal injury lawsuit. Here are some key steps to take:

• Take pictures or video of the cars involved and the other drivers/passengers with your cell phone.
• Gather the contact information from witnesses.
• Always seek medical attention. Concussions may not be immediately obvious and traumatic brain injury (TBI) may not show up for a week or longer. Get medical attention so you don't miss out on the 14-day deadline.
• Call 911 for medical assistance immediately after the accident.
• Don't rely on the police report to be complete and/or entirely accurate.
• If you are hurt consult with an experienced personal injury attorney right away and find out what steps are available to you.

Making a claim against an insurance company can be a difficult, stressful and confusing experience. You need an expert personal injury lawyer that has your back. If you have any questions about your rights, contact the professionals at Martin, Lister & Alvarez today, the Naples's area premier personal injury law firm, for a free case evaluation.

Davie Medical Malpractice Lawyer Explains When You Have a Case

Davie Medical Malpractice Lawyer Explains How to Know When You Have a Case?

If you think you have been the victim of medical malpractice and you are looking for malpractice lawyer in Davie you'll want to take a few moments to review the comments of Tamatha S. Alvarez, a leading medical malpractice attorney in Broward County.

First, medical malpractice is a serious problem in our American health delivery system. Shockingly, according to the American Medical Association medical malpractice is a leading cause of death behind heart disease and cancer.

Medical malpractice is real, it can be very expensive to prove, and above all else… it is confusing and the rules are in a seemingly constant state of flux.

First Things First – Do You Have a Medical Malpractice Case

It's important to remember that just being dissatisfied with the end result of a procedure or therapy doesn't constitute malpractice. If that facelift doesn't make you look 10 years younger in your opinion or that weight loss therapy has not dropped the pounds you expected does not mean you have a malpractice claim.

In order to press a malpractice suit you have to prove that you have actual injuries or damages and that they were caused as the result of a medical professional who  failed to competently perform his or her duties based upon a professional standard of care. That "care" includes making errors while treating a patient as well as failing to take proper medical action.

Now that you have determined that you have an injury or damages as a result of medical malpractice, you get an opportunity to face the many challenges that plaintiffs and their malpractice lawyers face.

For example, did the malpractice occur over 2 years ago but you are just discovering it today? If it did it may be too late to sue. The statute of limitation for most liability cases is 4 years but in Florida it is 2 for malpractice cases.

Who to sue and for how much is also a decision that has to be made as the state has different liability caps for different entities (doctor, clinic, hospital etc.). The state also imposes limits on what a plaintiff's attorney can recover from a settlement or verdict. There are no limits on what a defendant's attorney can charge their client for a defense.

The Florida judicial system is stacked against the plaintiff in a medical malpractice case making your selection of malpractice attorney exceptionally important.

If you want an experienced, sympathetic firm to give you an honest assessment of your Davie medical malpractice lawsuit, submit the details to us at Martin, Lister & Alvarez for a complimentary case evaluation. Get the guidance you need, submit your case today.

When You Have a Case Naples Top Wrongful Death Lawyer Explains

How to Know When You Have a Case Naples Top Wrongful Death Lawyer Explains 

Losing a loved one is always painful but if your loss was caused by the negligence of others your stress level soars and you need to seek out an experienced Naples wrongful death attorney. The wrongful death law in Florida can be tricky and you are going to want a Naples attorney who has proven experience in not only wrongful death laws but probate law as well.

In Florida the definition of wrongful death is one caused by “wrongful act, negligence, default, or breach of contract or warranty.” In short, if there is a death from other than natural causes there may be grounds for a wrongful death lawsuit.

There are three elements that must be present to pursue a wrongful death lawsuit:

1. We have already mentioned there has to be a wrongful act, negligence, default, or breach of contract or warranty
2. The conduct upon which the lawsuit is based must have caused the death of the decedent. This is where it can get murky if the deceased doesn't die immediately after the event. If a motorist hits a cyclist and breaks the cyclist's hip, and then 4 weeks later the cyclist's new hip gives way and he strikes his head and dies, who do you sue; the doctor or the motorist who caused the replacement of the hip?
3. The conduct that is the basis of the lawsuit would have entitled the person injured to file a lawsuit and recover damages if they had not died.

If You Have a Case Can You Sue?

The first thing you need to establish is if you have a case at all. We know that it sounds pretty simple but there have been so many different judicial rulings that establish precedents that there is no way someone not a lawyer to make a reasonable determination. You need to consult a Naples lawyer like Martin, Lister & Alvarez to sort out the facts and develop a strategy to go forward.

In Florida there are two classes that can file a wrongful death lawsuit. The first is a suit filed on behalf of the deceased's estate by its personal representative and if successful is divided among the beneficiaries of the estate. However, these lawsuits limit what can be sued for and typically have a much lower financial award than the second class of plaintiff.

The personal representative can also sue on behalf of the survivors, survivors being defined as spouses, parents of a minor child, the decedent's children and other blood relatives who were at least partially dependent on the decedent. The types of damages allowed in a survivor's lawsuit can result in higher awards.

It's complicated. If you need some direction or clarification feel free to submit your case to our legal team for a complimentary case review today.

Sunrise Lawyer Answers 5 FAQs About Wrongful Death Cases

Sunrise Lawyer Answers 5 FAQs About Wrongful Death Cases

If you have lost a loved one due to the negligence of others you will undoubtedly want to consult with a Sunrise wrongful death lawyer to determine what your rights are. In reviewing Sunrise attorneys make sure you select a firm that specializes in wrongful death. Thanks to the Florida medical community and the Florida insurance lobby, the state's law regarding wrongful death strongly favors insurance companies rather than the persons injured. You'll want an expert who knows how to navigate the gray areas and who can pursue a fair and just settlement or verdict.

To demonstrate how murky this law can be we are providing 5 quick frequently asked questions.

Q: Who can file a wrongful death lawsuit in Sunrise?

A: Generally speaking there are two categories of claimants, a suit filed by the "personal representative" of the decedent representing the estate and a suit filed by the personal representative on behalf of the "survivors" of the decedent. The second category allows for higher financial awards than the first.

Q: Who can be claimed as a "survivor" of the decedent?

A: "Survivors" may also be beneficiaries of the estate but as a survivor they are entitled to recover different types of damages, which financially can amount significantly more than a beneficiary is allowed. Survivors include the decedent's spouse, children (minors under 25 are eligible for larger damages than adult children), parents of the decedent, and blood relatives providing they are at least partially dependent on the deceased for support.

Q: What limitations are there on the decedent's children right to damages?

A: All children are eligible to receive damages but some children are eligible to receive more than others. If the decedent has a spouse children over the age of 25 may not be able to sue for "lost parental companionship, instruction and guidance, as well as mental pain and suffering" which typically result in larger awards. However, if there is no spouse the adult children are free to pursue damages unless the death was caused by medical negligence. In other words medical malpractice is excluded.

Q: What damages can parents pursue?

A: Parents may not recover for pain and suffering if the deceased child was over the age of 25 when he died, unless there were no other survivors and the death was not caused by medical negligence. In other words if the child was married or had children the parents are excluded. For minor children the parents can sue for the value of lost support and services, future support and services, medical and funeral expenses and mental pain and suffering.

Q: Are there other rules regarding survivors?

A: The short answer is yes, there are a ton of other conditions that apply to legal relationships. This would include common law marriages, children born out of wedlock, step-children and step parents, biological fathers and much more. It's complicated.

Confused? If you are and you have a wrongful death case we encourage you to contact the Sunrise wrongful death attorneys with a proven record of success today. Submit your details for a case review or give us a call.

Pembroke Pines Medical Malpractice Lawyer Answers 5 FAQs

5 Medical Malpractice FAQS Answered By Pembroke Pines Top Lawyer

If you believe that you have been injured as a result of a health care professional's negligence and you are considering filing a medical malpractice lawsuit, you most definitely will want to consult with an experienced and qualified lawyer in Pembroke Pines. Medical malpractice is a specialty practice that requires an attorney to possess a significant amount of medical knowledge and stay current on the latest rulings. Not every personal injury law firm in Pembroke Pines is qualified to handle medical malpractice cases.

So now we know you need a specialist to represent you. The next question is do you have a case?

In Florida that means:

• A physician or other medical professional made an error while treating you
• You were harmed by that error

That seems pretty simple but it isn't. Because policy limits on malpractice insurance tend to be high, insurance companies will throw everything they have at getting the suit dismissed before they attack the merits of the case. You can expect a medical malpractice lawsuit to take a long time to resolve.

Top 5 FAQs We Receive About Medical Malpractice

Pursuing a medical malpractice case can be confusing. We thought it would be helpful to provide the answers to the most common questions on medical malpractice that we get from our clients:

Q: Can you sue someone other than a doctor for malpractice?

A: Absolutely. Anyone or any entity that provides health care is exposed to a medical malpractice suit. This would include anesthesiologists, nurses, physical therapists, radiologists, hospitals, clinics and others.

Q: What is medical negligence?

 A: If you are injured as a result of an act or omission like a misdiagnosis or the wrong treatment, then you have to prove that error was the result of a breach of generally accepted method used by medical professionals under similar circumstances. This is where expert witnesses and the results of recent decisions become exceptionally important.

Q:  Do Malpractice Cases Usually Go To Court?

A: Malpractice cases rarely settle. They are big ticket exposures for insurance companies and they will spare no expense to drag out the process. If a case is particularly strong the insurance company may settle rather than risk a jury verdict, otherwise they will drive up expenses for the plaintiff and take the case to trial.

Q: Is There an Average Amount that Malpractice Suits Settle For?

A: The short answer is no. Cases are based on the severity of the injury and the strength of the case. While Martin, Lister & Alvarez will take a case to the mat we do not force clients to go to court. If they want to take a settlement offer that we believe is under a fair amount we will advise against it but obviously the decision belongs to the client.

Q: How much does it cost to pursue a medical malpractice case?

A: Most attorneys, including us, will take the case on contingency meaning the client pays nothing until the case is settled or a favorable verdict is rendered. Malpractice lawsuits are significantly more expensive to pursue than other types of personal injury cases. That's why attorneys will carefully review the case before agreeing to representation.

We hope this FAQ helps you. If you believe you have a case we invite you to submit our case review form today. We will be back to you promptly!