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!

 

Do I Have a Medical Malpractice Case? Plantation Lawyer Explains

Planation Lawyer Explains How to Know if You Have a Medical Malpractice Case?

Most people believe that a medical malpractice lawsuit stems from a physician making an error while treating you but there's a lot more to it. The important factors are demonstrating that:

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

What Exactly is Medical Malpractice?

Medical malpractice is when a medical professional does something or neglects to do something that results in injury or physical harm to the patient. Their failure to act or "omission" is referred to as "medical negligence."

What is Medical Negligence?

The mistake or omission can occur at any point while you’re under a medical professionals care. It may involve a mistake in diagnosis, or improper treatment. To prove negligence you’ll need to establish what the generally accepted method used by medical professionals is under similar circumstances. The standard can take into account things like the patient's age, their medical condition and where they live. If you can prove your physician "breached" the standard of care, you can begin to make your case for medical malpractice.

What constitutes injury or damage?

Once you've established your physician has made a mistake in diagnosis or treatment you’ll then have to prove that you’ve been injured or harmed. Examples of harm can include things like; removing the wrong organ, brain damage or even death. With out showing you’ve been harmed, there's no case.

You then have to tie the negligence to the injury to establish "causation." This is often the most difficult and costly part of any medical malpractice case. You'll generally need at least one expert witness, usually another doctor. The expert witness can help to make the case that the standard of care was breached and that negligence caused your injury.

Verdicts, Settlements & Legal Fees

Medical malpractice cases can be costly and you will need to be prepared for the defense to fight back. But don’t be dissuaded, medical malpractice cases are usually done on a contingency basis where your attorney only gets paid if you win or settle. If you win  your case you may be rewarded "damages" for medical bills, lost wages as well as pain and suffering.

If you have questions or would like a complimentary case review, please contact Martin, Lister & Alvarez at 1-954-659-9322

This blog was originally posted here: http://www.lawmla.com/blog/

Wrongful Death Lawsuits in Plantation FL | Attorney

What You Need to Know About Wrongful Death Lawsuits—Planation Lawyer Explains

If you suffered the loss of a loved one as the result of the negligence of another, you and your loved one's estate will want to engage the services of a Plantation wrongful death lawyer. Death is never easy on survivors but it becomes even more difficult if it is the result of somebody else's actions.

If you are fortunate enough to be the beneficiary of the decedent's life insurance policy, then your short-term concerns may be satisfied and the thought of a wrongful death lawsuit is probably low on your list of priorities. However, if the death was caused by a clear case of negligence then you will most likely be contacted by the liable party's insurance company and that quite frankly, is when you will need an experienced wrongful death attorney the most.

Always keep in mind that the goal of the insurance company is not to arrive at a fair and just settlement but rather to settle for as little as possible. Insurance companies will attempt to take advantage of your emotional state. You can avoid the pressure applied by the insurance company by having a Plantation wrongful death lawyer represent you and look after your best interests.

When Can You Sue for Wrongful Death in Florida?

Florida law says that when a person's death "is caused by the wrongful act, negligence, default, or breach of contract" of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida's courts, seeking a legal remedy for that death and the losses stemming from it.

The lawsuit will be filed by the estate's personal representative on behalf of the estate and any surviving family members.

While there may be a criminal case brought by the state to determine criminal negligence, a wrongful death lawsuit is strictly about awarding monetary damages and is a separate suit. Damages are divided between those that surviving family members can receive and those that can be awarded to the estate:

Family Members

• The value of support and services the deceased person had provided to the surviving family member. This can include services such as childcare, housekeeping etc.
• Loss of companionship, guidance, and protection provided by the deceased person
• Mental and emotional pain and suffering if the decedent was a child
• Medical and/or funeral expenses any surviving family member has paid for the deceased

Estate Damages

• Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived
• Lost "prospective net accumulations" of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived
• Medical and funeral expenses that were paid by the estate directly.

You can understand why insurance companies do not want to litigate wrongful death claims. The fear of jury awards is a powerful motivation to try to get the suit dismissed on the basis that the plaintiff couldn’t prove a wrongful act, negligence, default, or breach of contract. Constructing compelling arguments that prove these elements is where the wrongful death attorney earns her or his fee.

If you live in Plantation, don't go through this experience alone. If you have questions or would like a complimentary case review, please contact us at Martin, Lister & Alvarez.

Automobile Accident Attorney in Fort Lauderdale Tips

Automobile Accident Attorneys in Fort Lauderdale— Choosing the Right One for Your Case

If you have been injured in a car accident in Fort Lauderdale odds are you will be searching for automobile accidents attorneys to help you out with Florida's no fault insurance.

No fault insurance, where your own insurance company pays for your medical expense and lost wages, was supposed to speed up claims and lower auto premiums. No fault prevents you from suing the negligent party in court which of course significantly reduces the insurance companies' legal expenses and exposure to jury verdicts.

This savings in expense was supposed to be passed on to the consumer however; according to insure.com Florida has the 5^th highest average auto insurance premium in the country. As it turns out, no fault insurance is a windfall for the insurance companies while denying the consumer from fair compensation from the liable party like they would be entitled to in any other type of liability claim.

Why You May Need a Fort Lauderdale Automobile Accident Attorney

Your Florida no fault policy comes with Personal Injury Protection coverage. This coverage is supposed to pay 80% of your actual medical costs and 60% of your actual lost wages up to the limit of the policy. The minimum that you can purchase is $10,000, which you could burn up before you leave the emergency room. Obviously you need coverage that is appropriate for your risk and your agent will be happy to assist you in determining what that is. But…

What happens when you've got adequate PIP and you are in an accident and the insurance company denies some of your medical costs as not necessary? If a significant portion of your income is based on commissions, don't be surprised if the insurance company only wants to pay 60% of your base wage.

This is when you want to talk to a Fort Lauderdale attorney who understands and has the experience in negotiating with insurance companies.

When You Absolutely Need a Fort Lauderdale Automobile Accident Attorney

There are exceptions to the no fault rules if you have suffered:

• Permanent disability
• Significant scarring or disfigurement
• Loss of use of a body organ (kidney, digestive tract etc.)
• Suffered death

These are life-changing events and the law allows you to pursue the negligent party in court. That's when you absolutely need to have a Fort Lauderdale attorney representing you.

When you select an automobile accident attorney make certain that this specialty is part of their practice and that they can demonstrate a successful history of obtaining fair and just settlements and verdicts.

If you find yourself in this position contact us at Martin, Lister & Alvarez for a complimentary case review. Time is of the essence in these cases so don't delay. Contact us today!