Sunrise Personal Injury Lawyer Explains What To Do After an Accident

Sunrise Personal Injury Lawyer Explains What To Do After an Accident

If you have been involved in a car accident in Sunrise and suffered personal injury, the clock is ticking on the time you have left to receive compensation for your injuries.  Florida is one of the few states in the country that has "no fault insurance." In theory it sounds like a simple idea but in practice it is a gift to the insurance companies.

No fault insurance essentially says that your own insurance company will pay for your injuries despite who was at fault in the crash. In order to get your car registered in Florida you have to purchase an automobile policy with at least the minimum coverage for property damage liability (PDL) and Personal Injury Protection (PIP). The minimum coverage for PIP is $10,000. You could burn up $10,000 before you got out of the ER.

The PIP will pay 80% of your medical expenses and 60% of your lost wages (if any) up to the limit of the policy. It's easy to see that $10,000, which unfortunately is the amount that 50% of Floridians have, is woefully inadequate particularly if you suffer a serious injury.

What To Do After a Car Accident Involving Personal Injury

Car accidents in Sunrise that result in personal injury can typically be classified into two groups; those you walk away from and those you are driven (in an ambulance) away from. If you are involved in what you consider a minor accident, go see your doctor anyway, particularly if you bumped your head. Often serious injuries will not manifest serious symptoms right away.

Given that there is a time limit to notify your insurance of a PIP claim, you want to get a doctor's evaluation as soon after the accident as possible.

If you have been seriously injured with broken bones, paralysis, loss of use of an organ, major disfigurement or a permanent disability of any kind, then you need to see a car accident attorney. The law allows for an injured party to seek damages from the person or company that caused the accident if those injuries are severe.

Pursuing a claim against an insurance company can be a scary and confusing experience unless you have an expert personal injury lawyer watching your back. If that's where you find yourself now, or if you have any questions about your rights, contact the professionals at Martin, Lister & Alvarez, Sunrise's premier law firm, today.

Injured in a motorcycle accident in Ft. Lauderdale? Here’s What You Should Do

According to the University of South Florida, the median hospital cost for a motorcycle injury is nearly $57,000 and less than half of those cases are covered by commercial insurance. In fact the only reason that there were any cases covered by insurance is because the riders had health and hospitalization policies from work or from a private plan.

In Florida there is no requirement for motorcyclists to carry Personal Injury Protection. In fact there is no requirement to carry any kind of insurance on a vehicle with fewer than four wheels. Too many bikers think the PIP on their auto insurance will cover them while they are driving their motorcycle. It doesn't. You are on the hook for the costs and your only recourse is to get payment from the other party (assuming they were at least 51% at fault).

You are about to enter an uphill fight and you are going to need professional help to level the playing field.

What To Do If Injured in a Motorcycle Accident in Fort Lauderdale

The extent of injuries will determine what the motorcyclist can do immediately after the accident. If physically able you should:

• Don't provide details to anyone except the police.
• Get medical attention.
• Select a qualified Fort Lauderdale personal injury lawyer with a proven track record. Engaging an attorney as soon after the accident has two benefits. It takes you out of the process personally as your attorney will speak to the insurance company. It also lets the attorney to jump on the investigation while it is fresh and evidence is easier to collect.
• Call or have someone call 911 and request EMT and police. Do not "walk away" from this accident even if you don't feel hurt. Shock covers a lot of pain. You need an immediate exam.
• Get the name and insurance information from the other party.
• If your cell phone survived get pictures of the scene.
• Get cell phone numbers from witnesses.

If you or a loved one has been involved in a motorcycle/auto accident and you are struggling with what to do next, give us a call today at Martin, Lister & Alvarez for a free case review.

Injured in an accident in Ft. Lauderdale? Here’s what to do

Injured in an accident in Ft. Lauderdale? Here’s what to do

Based on the years of experience that I and my colleagues at Martin, Lister & Alvarez have dealing with clients who have, or think they have, the makings for a personal injury lawsuit there are a number of things that you can do immediately after the accident that can be very helpful for your attorney.

Like all states, Florida has its own set of laws that address a person's right to seek compensation when they are injured as the result of the negligence of another. However, in recent years those laws have tended to favor the defendant (read insurance company) over the plaintiff making successfully pursuing a case like a slip and fall more difficult.

However, if you know what to do immediately after an accident you can provide your personal injury lawyer the information that she or he can use to put together a solid argument.

What to do if You are Injured in an Accident

Let's start with the exception and that's injuries caused by an auto accident. Florida is one of a handful of states that has no-fault auto insurance. Basically this means that you have to file a claim with your own insurance carrier to recover your medical expenses and lost wages. Negligence doesn't play a role in these cases unless:

• You lose a bodily function
• You or a passenger is killed
• You are permanently disabled
• You suffer extreme scarring or disfigurement

When those conditions exist you can pursue a personal liability suit. Otherwise you have to make a claim with your insurance company and you have to seek medical attention within 14 days of the accident or you could be denied coverage.

The key here is to get checked by a medical provider immediately even if you feel ok. Protect what little benefit that you have under your PIP car insurance coverage.

For all injuries, including automobile accidents, you should try to follow these suggestions:

• If you are in a store, report the accident to a responsible supervisor. Do not admit any fault. Obtain the name and position of the person you reported the incident to.
• Obtain the cell numbers of any witnesses.
• If the accident occurred outside, make sure you record the time and the weather conditions.
• Get an immediate medical evaluation even if you feel fine.
• Use your cell phone to capture pictures of the scene including the cause of the accident (wet floor, loose railing, etc.) any signage present and location of any security camera that may have recorded the accident.

When clients provide us with these basics we can get a head start on evaluating the case and assigning resources in preparation of your claim.

Choosing a Ft. Lauderdale Medical Malpractice Attorney

Choosing a Ft. Lauderdale Medical Malpractice Attorney

There is certainly no shortage of attorneys in Fort Lauderdale but medical malpractice is a specialty that not many attorneys specialize in. Compared to other fields of personal injury like premises or product liability, medical malpractice suits are complicated, expensive to pursue, time consuming and risky. Finding a qualified lawyer to handle your case may be more difficult than you might expect.

For starters the lawyers who handle medical malpractice either represent injured parties or the persons/organizations being sued but not both. Finding one that you are comfortable with will be easier if you take advantage of the following tips.

Finding a Qualified Medical Malpractice Attorney in Fort Lauderdale

1. Malpractice lawsuits are very expensive and very time consuming. You want assurances that the law firm has the financial resources to pursue your case effectively.
2.  The hard part comes next. Because medical malpractice cases are risky, and because lawyers specializing in this field are often swamped with cases, they tend to turn down many cases. You want to find a firm that will give your circumstances a fair case evaluation.
3. If you are having trouble finding a lawyer to take your case it may be because of the way you are presenting it. Consider gathering your medical records and having them reviewed by a nurse.
4. If you have a good relationship with an attorney working in another field you can start your search by asking him or her for a referral. However, just because your attorney is great at tax law doesn't mean he knows the medical malpractice community.
5. Do a search on the Internet and then check the biographies of the lawyers specializing in medical malpractice. Are they, or their firm, members of the American Association of Trial Lawyers or the Florida Association of Trial Lawyers? Do they provide blogs or FAQs regarding medical malpractice?
6. If you can narrow your choices to two or three attorneys check the state bar association website to make certain the lawyer is in good standing.

If you have additional questions regarding medical malpractice feel free to contact us. If you have a potential case, please contact us now.

Wrongful death Lawsuit : Fort Lauderdale : Elements

Wrongful Death Lawsuit in Fort Lauderdale 

A wrongful death lawsuit is something nobody in Fort Lauderdale wants to experience but life happens and wrongful deaths, accidental or intentional, happen far too frequently. If you have lost a loved one and you believe the death was caused by someone's negligence then you may be in a position to file a wrongful death lawsuit.

In Florida wrongful death is defined as any death caused by “wrongful act, negligence, default, or breach of contract or warranty.” Basically this is saying that you can sue the person or organization that intentionally caused the death, accidently caused it through negligence, had a duty to keep the person safe but breached that duty or a product/service caused the death.

It sounds straight forward so one would think that if you have evidence suing for wrongful death should be fairly simple.

But it isn't.

If a UPS truck crosses the centerline and causes a head on crash in which your spouse is grievously injured but doesn't die on the scene, UPS may not be responsible. They will argue that the paramedics, hospital, surgeon or anesthesiologist did not render proper care and that's what caused your spouse's death.

It can get bitter and nasty.

If you are considering a wrongful death suit you want an experienced attorney that can counter the claims of the insurance company. If you have questions on this topic, please do not hesitate to contact us Martin, Lister & Alvarez.  Read more.

Medical Malpractice Lawsuit : Fort Lauderdale : Anesthesiologist

Medical Malpractice in Fort Lauderdale – Know Your Anesthesiologist 

When a resident of Fort Lauderdale files a medical malpractice lawsuit involving a botched surgical procedure, the anesthesiologist is often named as well as the leading surgeon. Most people will thoroughly research the surgeon who is going to perform the operation but almost nobody researches the anesthesiologist.

The anesthesiologist is a key player in any surgery. He or she is responsible for not only the mixture of chemicals but monitoring fluids, breathing, airway management and responding to anesthesia emergencies. In other words, this health provider is responsible for keeping you alive while you are under.

A mistake made by an anesthesiologist can result in brain damage, heart attack, stroke or even death. If you are considering a surgical procedure we encourage you to investigate his or her reputation as thoroughly as you will the surgeon. It might come as a major surprise that your anesthesiologist isn't even an MD!

When Health Care Providers Care More About Their Bottom Line Than You

Some, not all, hospitals have cut costs by having nurse anesthesiologists handling the function with a qualified MD anesthesiologist "supervising" multiple nurses in different operating rooms simultaneously.

The American Medical Association estimates that an astounding 225,000 people die from medical malpractice each year. Mistakes made in anesthesia are the fourth leading cause of those deaths. 

Florida's malpractice laws are complicated and the sooner you engage a malpractice lawyer the better. At Martin, Lister & Alvarez we specialize in malpractice lawsuits and have the demonstrated experience and success to assure our clients of a vigorous effort to obtain a fair and just settlement or judgment for the injuries they have suffered.

If you feel you are the victim of malpractice, send us the details on your case and we will be happy to review them and offer our opinion on what your next step should be. Read more. 

Medical Malpractice Lawyer : Ft. Lauderdale : Cosmetic Surgery

Medical Malpractice in Fort Lauderdale – Cosmetic Surgery on the Cheap

Cosmetic surgery is becoming a more frequent cause of Ft. Lauderdale medical malpractice lawsuits thanks to changes in how medical professionals have decided to deliver the service. Generally cosmetic surgery is elective. That is to say the surgery is not required for health reasons but rather to satisfy the patient's desire to look better. Just because it is elective however, does not relieve the health provider from providing “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

In other words, just because it's a nose job and not a bypass a doctor still has to follow the “prevailing professional standard of care.”

Dangerous Shortcuts You Need to Avoid

You trust your doctor and assume he believes in the "do no harm" portion of his oath. So when he suggests that a procedure that requires general anesthesia be done in his office rather than in a hospital you assume it is safe to do so.

Often times it is not.

Cosmetic surgery has become a very competitive field of medicine. Unfortunately, some physicians are more focused on reducing costs that providing adequate care. For example:

General anesthesia always comes with risks. Putting a patient under in a doctor's office may save the cost a hospital would charge but if something goes wrong it will be a hospital that is best equipped to handle the issue.

If you find yourself as a victim from this cost cutting you have a right to sue the health care provider for malpractice. In Florida it is a complicated process and you will most definitely want a law firm with extensive experience in the field and a demonstrated success.

In Ft. Lauderdale Martin, Lister & Alvarez is a leading malpractice law office. Please feel free to submit your case for review and we will give you our opinion on what your next move should be.  Read more. 

Traumatic Brain Injury : TBI : No-fault Insurance : Fort Lauderdale

Important Information for Fort Lauderdale No-Fault Insurance TBI Victims

March is national Traumatic Brain Injury (TBI) month and as a leading Fort Lauderdale personal injury law firm we thought it was appropriate to share some of the problems that Floridians with TBI face.

The NIH estimates that there are 1.7 million traumatic brain injuries in the country each year having an economic cost of $56 billion. The bulk of these injuries are mild and temporary in nature (many concussions) but others can lead to permanent disabilities, coma or death.

While there have been significant advances in MRI tests, none of them are fast enough for Florida's new restrictions on collecting Personal Injury Protection from a victim's no-fault automobile insurance.

Recent Changes in Florida No-Fault Law Hurt TBI victims

Florida is one of a few states that have no-fault insurance. The idea behind this coverage is that a person collects directly from their own insurance company for injuries sustained in an auto accident regardless whose fault it is. Each person has to carry at least $10,000 in PIP coverage.

It's a great deal for insurance companies because it eliminates hundreds of expensive lawsuits each year. It's not such a great deal for the party who is injured as a result of somebody's negligence.

There is a provision that allows pressing a personal injury lawsuit to recover pain and suffering, future lost wages and medical expenses in cases where permanent injury can be proved. It's that "proving" part that can be a challenge in TBI cases and Florida has just made it even more difficult.

Today the law requires (and this is for anyone injured in a car accident) to seek medical attention within 14 days of the accident. TBI victims symptoms may not show up for days or even weeks after the event. Often victims will think that dizziness or weakness is natural after an accident and will disappear with time only to discover it isn't natural and can lead to a debilitating condition.

Don't Hesitate To Get Checked Out

Even if you think your head wasn't "hit" in the accident you could have suffered damage. Don't take a chance, get checked out.

If there is a possibility of a brain injury and you want advice on how to protect your rights, call us at Martin, Lister & Alvarez and we'll review your case. Read more:

Inadequate Security : Negligent Security : Premises Liability : Fort Lauderdale

How Inadequate Security Affects Your Premises Liability Suit

The good news is that violent crime is trending downward in Fort Lauderdale and Broward County, but there are still hundreds of victims whose injuries could have been prevented had adequate security been in place. Florida law requires that property owners have a legal duty to protect persons, legally on their property, from foreseeable criminal attacks. If they don't they can become the defendant in a premises liability lawsuit.

It's a pretty straight forward concept. If you are a property owner and you invite people to visit, then you have a duty to protect those guests from a number of hazards one of which is assault. Inadequate security or negligent security applies when a property owner does not take adequate steps to protect guests from threats that he or she can foresee or should have foreseen.

What is Inadequate Security?

What those "steps" should be and how "adequate" they are is often determined in settlement negotiations or in court. There is no standard amount of security that applies for every type of business. Adequate security for a grocery store located in a neighborhood with a low crime rate, no history of incidents, and regular business hours may require less security than a grocery store located in a high crime area that is open 24 hours per day.

That said, every business has to take the safety of their guests seriously regardless of where they are located or what their history with crime is.

If you are a victim of assault, robbery, battery or rape while on private property and you decide to pursue a premises liability lawsuit, you want to be certain to engage an attorney that has the experience and investigative resources to best represent you.

If you have further questions regarding inadequate security, feel free to contact us at Martin, Lister and Alvarez. Read more:

Personal Injury Lawyer: Fort Lauderdale : Personal Injury Law Firm : Lawsuit

Understanding What to Do in a Personal Injury Lawsuit

Everybody has a general idea of what the term "personal injury" refers to. You can't turn on the TV without see a Fort Lauderdale personal injury lawyer proclaiming he or she will "fight for you" but rarely will those ads describe just what you should do.

The Sooner You Engage a Proven and Experienced Personal Injury Attorney the Better

There are two types of injuries; those that are obvious at the time of the event and that need treatment and those that don't manifest themselves for days (concussions, blood clots etc.). Our advice is to err on the safe side and get checked out medically even if you believe you haven't been seriously hurt.

We also advise that you get as much documentation at the time of the accident as possible. Cell phone photos, names of witnesses may all prove invaluable to your case. Report the incident to the appropriate authorities or the representative of the property involved (premises liability).

Contact a personal liability law firm immediately for a case review.

If you are injured you will want to recover damages for medical costs, time off work, ongoing and future medical treatment and anxiety, your best bet to achieve this is to consult an experienced personal injury law firm like Martin, Lister & Alvarez, PLC. They can evaluate your case and advise you of the best course to take and give you an idea of what your case might be worth.

Personal injury cases can become very complicated. Work with a law firm that specializes in personal injury to level the judicial field. Read more:

Slip and fall lawyer Fort Lauderdale: Personal Injury : Premises Liability : Compensation

Time is Against you in a Slip and Fall Lawsuit in Fort Lauderdale

If you are involved in a slip and fall incident you may find yourself looking for a Fort Lauderdale lawyer who specializes in slip and fall accidents. Obviously not all falls require the services of a personal injury law firm but if you suffer injuries, and you may not discover that until days after the incident, an experienced premises liability attorney may become a necessity.

Prior to 2010 a premises liability lawsuit actually favored the plaintiff in that the burden of proof fell on the property owner to prove conditions on his premises did not cause an injury. However, in 2010 the Florida legislation changed the law shifting the burden of proof to the plaintiff (injured party). That significantly changed the way slip and fall attorneys had to pursue these cases.

Time is of the Essence

If you are hurt as a result of the fall with a limb broken your first concern is to get immediate medical attention. However, in many slip and fall accidents, symptoms may not show up for days after the event particularly if you hit your head.

We recommend you take a cell phone picture of what caused the fall and report it to a responsible representative of the property owner. Get that person's name and contact information but do not sign any release form.

If you are diagnosed with an injury that is the time you want to engage a proven personal liability law firm like Martin, Lister & Alvarez. Once you are represented the calls from the insurance company and their lawyers stop. Your attorney initiates an investigation and deals with the defendant's lawyer.

Your job is to get healed, your attorney's job is to represent your best interests and push for equitable compensation.

If you think you have a slip and fall lawsuit contact our office today for a free case review. Read More:

Car Accident Fort Lauderdale : Car Accident Attorney : No-Fault

How No-fault Insurance Works With Car Accidents in Fort Lauderdale

A car accident in Fort Lauderdale is at a minimum an inconvenience and could potentially be a life changing event if you are seriously injured. The automobile accident attorney firm of Martin, Lister & Alvarez want to share with you what your options may be if involved in a Fort Lauderdale car accident.

Florida is a no-fault insurance state which operates differently than the way insurance in most states does. If you are in an accident that only involves property damage then the at fault driver's insurance can be tapped to pay for the repairs to your vehicle much the same way that "at-fault" insurance works.

However, when it comes to injuries sustained in car accidents it's an entirely different story. In Florida car accident injuries are paid by your own insurance policy regardless of who was responsible.

Every motorist is required to carry $10,000 in Personal Injury Protection coverage. It is this coverage that pays 80% of your medical expenses and lost wages up to the policy limit.

While this law definitely simplifies the process it also denies injured parties from collecting pain and suffering and other non-measurable losses. In general, no fault is a good deal for the insurance companies and not so great for consumers.

When You Need a Fort Lauderdale Car Accident Attorney

There is an exception to the rule of no-fault that allows you to sue the responsible party for personal injury. If you have sustained an injury that causes a permanent disability, permanent scarring or disfigurement or loss of a bodily function you can file a lawsuit to recover damages.

This is when you need a Fort Lauderdale car accident law firm like the experts at Martin, Lister & Alvarez.

If you need more information on this topic give us a call and we will be happy to share our opinion. Read More:

Product Liability Lawyer : Fort Lauderdale : Lawsuit

Fort Lauderdale Product Liability Lawyer Explains What's Needed to File a Product Liability Lawsuit

At Martin, Lister & Alvarez we have been representing clients in Fort Lauderdale on product liability cases for years. This is a special area of interest for us and we have successfully tried cases both in state and federal courts ensuring that manufacturers live up to their responsibility to provide safe products to the public.

Product liability can be tricky to prove so if you think you have a case make sure you engage a law firm that has the experience and the proven track record of success. That said, there are some basics you need to know before you contact an attorney.

Product Liability Lawsuit versus FTC Complaint

In order to file a product liability lawsuit you have to prove that the product is unsafe and that the product caused an injury. Caused an injury is the key phrase here. Nearly and almost don't count. If there is no real injury there cannot be a lawsuit. A consumer can complain to the manufacturer, file a complaint with the FTC or, probably more effective, share their story on review sites.

But let's assume that a product did cause an injury, what causes are available to sue with?

This is where it gets tricky and you need the advice of a product liability attorney. There are four causes. The question becomes which to use in your lawsuit.

·         Strict liability—The manufacturer must prove that their product did not cause harm.

·         Breach of warranty—when the product did not perform or last as long as the manufacturer's written warranty

·         Negligence during development – This one requires significant technology resources to pursue.

·         Breach of duty to warn— there are very specific warning standards established in the U.S. but we live in a global market and imported parts or finished goods may not offer sufficient warning of a potential danger.

If you feel you have a case, contact a professional firm with the relevant experience to determine what your next step should be. Read more

Malpractice Lawyer : Fort Lauderdale : Malpractice

Malpractice Law in Fort Lauderdale – Your Lawyer Needs to be a Specialist

Florida malpractice law is complex and if you think you suffered a loss because of a heath provider's negligence you will need a Fort Lauderdale malpractice lawyer with extensive experience if you want a chance at a successful lawsuit.

There are several challenges to overcome in pursuing a medical malpractice suit. The first is time. Unlike other negligence lawsuits which have a statute of limitations of 4 years, malpractice suits have to be filed within 2 years of the incident.

The medical community and insurance industry managed to get an amendment passed to the Florida constitution that limits the fee that an attorney can charge a plaintiff in a malpractice lawsuit. It doesn't limit the fee charged by attorneys representing the insurance company or medical practitioner. The idea was to make large malpractice suits so unattractive to attorneys that they couldn't afford to take a case.

It Doesn't get any Easier Once You Get to Court

In order to win a malpractice suit you have to prove that your injury or damages was the result of a medical professional who fails 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.

The standard of care is determined by the accepted standard of care for the medical community. That can become a can of worms because the community standards are open to opinion and interpretation. This is where you need an experienced malpractice lawyer who is up to date on the latest decisions and also has a network of medical professionals who can offer expert opinions.

If you have any questions regarding a potential malpractice lawsuit contact us at Martin, Lister & Alvarez for a free case review. Read more.