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Personal Injury FAQ

Answers from a Fort Lauderdale Personal Injury Lawyer

Whether you or your loved one has been injured in a car accident, a slip and fall accident on another's property, at work or in any other type of accident, you need to know the facts about your rights and how you can recover your damages. By answering the most frequently asked questions we receive from clients just beginning to explore their legal options, we hope to provide the local injured residents of Fort Lauderdale and the surrounding communities with the information they can use to protect their rights to fair compensation and begin the personal injury claim process.
  • What is a personal injury claim?
    Personal injury, as a legal concept, is used to describe any type of damage that a victim suffers as the result of another's negligence, carelessness or wrongful act. These damages may be in the form of physical and/or emotional injuries, which can also result in financial damages. Personal injury claims are essentially civil lawsuits filed against the party responsible for causing harm to a victim. When successful, responsible parties can be held liable for compensating victims.
  • What is liability?

    Liability is a legal terms that describes a legal and financial obligation. Once a person or party has been found liable for a victim's injuries, they will be required to compensate that victim for the damages they suffered.

  • How long will it take to resolve my case?
    The duration of cases will always depend on a number of unique circumstances. A large factor that can influence the length of your case is whether or not an insurance company will contest the claim. Generally, however, car accident and slip and fall claims can be resolved in roughly six to eighteen months. More technical cases, such as medical malpractice or product liability claims, may take as long as two to three years. Our legal team is motivated to move your case as rapidly as possible so that you can recover the compensation you require.
  • Will I have to go to court?
    If the insurance company agrees to pay what we have deemed your case is worth, then you do not have to go to court. If the insurance company refuses to pay the acceptable amount, then we will proceed in court. Unlike some other personal injury lawyers who may try to settle your claims quickly and avoid trial, we will go the distance to win your case. Our experienced Fort Lauderdale personal injury attorneys can help you determine the potential merits of your claim and can help see to it that you are duly compensated for your injuries and losses.
  • Do I need a lawyer?
    While there are no legal requirements that you obtain a lawyer during these legal proceedings, having legal guidance can make the difference between recovering maximum compensation and receiving unfair or no compensation for your damages. Rife with technical legal information and prone to complications and aggressive contestation from defendants, claims are complex legal matters that require sharp and experienced legal minds. When you are depending on the compensation at stake with these claims, it is best to have an attorney by your side.

CAR ACCIDENTS FAQ

Q & A With A Fort Lauderdale Car Accident Attorney

If you or a loved one has been injured in a car accident or any other type of motor vehicle accident, you need to know your rights as an injured victim. In order to equip local victims and their families with the information they need to begin the personal injury claim process, our legal team has compile the following frequently asked question we receive from clients involved in car accidents.

At Rosenberg & Rosenberg, P.A., our Fort Lauderdale personal injury lawyers focus on educating the injured victims we serve and ensuring that they are kept well informed throughout the entirety of their case.

If you have any additional questions, or if you wish to discuss your case, do not hesitate to contact our firm.

  • WHAT SHOULD I DO IF I AM INVOLVED IN AN AUTO ACCIDENT?
    As soon as possible after the accident, take notes about who, what, when, and where your accident occurred. If there were any witnesses, you will want to obtain names and phone numbers. Retain a copy of the police report and record all information about the other driver (license plate number, insurance information, contact information, etc.). You should also keep track of all medical providers that you visited for treatment of the injuries you sustained.
  • HOW SOON MUST I FILE MY CLAIM?
    In Florida, you usually have four years to file your personal injury action. Even within Florida, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and the time that the injury is discovered. You must be certain that you know the time limit that applies to your situation, also known as the statute of limitations, or you risk jeopardizing your right to compensation.
  • WHO IS RESPONSIBLE FOR MY DAMAGES?
    The liable party in a car accident will be determined when the underlying cause has been established. For example, another driver can be held liable when it can be proven that they were at fault for causing your accident and injury. Other responsible parties may include businesses that over-served alcohol to a driver, automobile manufacturers that produced defective auto parts, construction companies or government organizations responsible for roadway defects, and others.
  • HOW WILL I BE COMPENSATED?
    Although awards will vary from case to case, injured victims can generally recover compensation for any physical, emotional and/or financial damages they suffered as the result of an accident and their injury. This includes pain and suffering, loss of quality or enjoyment of life, medical expenses, and lost work wages, among others. In cases that involve gross acts of negligence, courts may also award victims punitive damages as a way of further punishing wrongdoers.
  • CAN I BE FOUND LIABLE IF MY CAR IS REAR-ENDED IN A CRASH?
    In Florida, each driver has a responsibility to maintain safe control of their vehicle at all times when they are driving. If you are involved in a rear-end collision in Florida, the rear-end accident is usually that driver's fault, although circumstances may vary. Common sense dictates that vehicle damage proves how the to rear-end accident happened. This can become somewhat confusing when there are multiple rear-end collisions such as three, four, or five car pileups.
  • WILL I HAVE TO GO TO COURT BECAUSE OF THIS CAR ACCIDENT?
    Not necessarily. This is the biggest misconception in Florida personal injury cases. Many people think that you need to sue someone to get a settlement in a car accident, motorcycle accident, truck accident, or tractor-trailer accident case. In many cases, we are able to get a settlement without filing an actual lawsuit. A pre-trial settlement avoids the costs and delays of a trial and may result in greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to go to trial.

WORKERS' COMPENSATION FAQ

Being injured on the job introduces a whole host of new, unique and complex legal issues. Although cases will always vary on a unique and personal basis, there are some general things injured workers should understand when learning about their legal rights and exploring their options for workers' compensation.

Our Fort Lauderdale workers' comp lawyers have answered the following frequently asked questions to provide local injured works with the information they need.

  • WHAT EXACTLY IS WORKERS' COMPENSATION?
    Workers' compensation is no-fault insurance coverage that most employers in the state of Florida are required to have. It provides benefits – including medical care and wage supplementation – to employees who experience injuries or illnesses while on the job.
  • DOES MY INJURY / ILLNESS QUALIFY FOR WORKERS' COMPENSATION?
    Workers' comp benefits are available to employees who experience work-related injuries or illnesses. This means that your injury or illness must result from job-related duties. This may include traumatic physical injuries, repetitive trauma, and occupational diseases, among other injuries caused by various types of workplace accidents.
  • HOW LONG DO I HAVE AFTER AN ACCIDENT TO REPORT IT TO MY EMPLOYER?
    You have 30 days to report your accident or injury to your employer.
  • HOW LONG DOES MY EMPLOYER HAVE TO REPORT THE INJURY TO THEIR INSURANCE COMPANY?
    Employers must report within seven days of learning about a worker's injury.
  • HOW MUCH OF MY MEDICAL BILLS WILL BE PAID BY WORKERS' COMPENSATION BENEFITS?
    Workers' comp benefits cover a number of medical expenses, including but not limited to emergency room care, hospital stays, medical procedures, treatment, rehabilitation, and others. Generally, all treatment deemed necessary and ordered by a medical professional can be covered. Medical providers will submit authorized medical bills to your employer's insurance company for payment.
  • DO I GET TO CHOOSE MY DOCTOR?
    Florida law was changed in 1997 to require all employers to provide all medically necessary treatment through managed care arrangements. Workers must see authorized treating physicians to treat their injuries; however, injured workers are allowed a one-time change in their authorized treating physician and are also allowed to obtain a second opinion by a doctor practicing the same specialty as the authorized treating physician. They are also allowed one independent medical examination by a qualified treating physician if unsatisfied with the care provided by the authorized treating physician.
  • WILL I BE ABLE TO RECOVER LOST WAGES CAUSED BY MY INJURY?

    Under Florida law, workers' comp benefits are not paid for the first seven days of disability. If you lose time because your disability extends beyond 21 days, however, you may be paid for the first 7 days by the insurance company. In most cases, your bi-weekly benefit payments will be 66.6 percent of your average weekly wage.

    Your average weekly wage is calculated using wages earned 13 weeks prior to your injury, excluding the week in which you were injured. If you worked less than 75 percent of the 13-week-period, a similar employee in the same employment who has worked 75 percent of the 13-week-period or your full-time weekly wage will be used. You should receive the first check within 21 days after reporting your injury to your employer.

  • WHAT IF I HAVE NOTIFIED MY EMPLOYER OF MY INJURY BUT AM HAVING PROBLEMS RECEIVING BENEFITS?
    Working with an experienced attorney from our firm can ensure that your workers' compensation claim proceeds as swiftly and smoothly as possible. Our legal team is prepared to evaluate your case and determine the most appropriate course of actions to best meet your needs and maximize recovery.
  • DO I NEED A LAWYER?
    You are not legally required to have representation when filing a workers' compensation claim, but having an experienced lawyer by your side can increase your chances of receiving the benefits you need as quickly as possible. Our attorneys work closely with clients, educate them about their rights, and walk them through the claim or appeal process step by step. When you depend on these benefits to support yourself and your family during tough times, there is no substitute for a knowledgeable lawyer who will advocate on your behalf.

SLIP AND FALL FAQ

Understanding Premises Liability Cases

Slip and fall accidents pose unique legal complications and troubling times for injured victims and their loved ones. Whether these accidents occurred at a business, on the job or on the private property of another, you need have a solid understanding of your rights and how you can protect and effectively assert them. At Rosenberg & Rosenberg, P.A., our Fort Lauderdale personal injury attorneys understand that victims and families may not know how to begin their legal journey, and we go above and beyond in our efforts to be of service from the moment you reach out to our firm. The following answers to commonly asked questions about slip and fall accident.

  • WHO IS RESPONSIBLE FOR YOUR SLIP AND FALL ACCIDENT?

    Thousands of people are injured each year as the result of slip and fall accidents. While it is inevitable that these accidents and injuries can be caused by genuine mistakes and misfortune, there are times when the negligence or carelessness of another is the direct cause.

    Determining if you have a viable claim will be hinged on determining if another party can be held responsible for your accident and injury. As premises liability law obligates premises owners to ensure that their property or business is safe for guests and free from preventable harm, they can be held liable for their failures to meet this duty.

    By acting negligently or breaching their duty to address reasonable dangers they knew of, or should have known about, premises owners can be held legally and financially responsible for a victim's damages. This holds true for large corporations or businesses that are ultimately responsible for the conduct of their employees. As situations and case may vary, it is advised that you have an attorney evaluate your case to determine if another can be held at fault for your slip and fall accident.

  • HOW IS A PROPERTY OR BUSINESS OWNER'S LIABILITY DETERMINED?

    Premises owners can be held liable - or financially responsible for a victim's damages - when it can be shown that the owner or their employee:

    The third situation, in which a premises owner should have known about potential dangers, is common in slip and fall claims. Legally, this must be proven using "common sense" or the care a reasonable personal may have demonstrated when addressing a potential hazard. The court will determine whether the owner or occupier of the property was careful by deciding if the steps take to keep the property safe were reasonable.

    • Caused a dangerous condition and failed to address or correct it
    • Knew about a dangerous condition and did nothing to address it
    • Should have known about a dangerous condition
  • WHAT IS REASONABLE CARE?

    When looking at a property owner's "reasonableness" in a premises liability case, the owner's efforts to maintain a safe and clean environment on a consistent basis will be examined. When determining this, there may be various questions that seek to be answered, including the following:

    Of course it ultimately depends on the situation and the events leading up to the slip and fall, but answers to questions like these may help prove whether or not the property owner used reasonable care.

    • In instances where the slip or fall happened on part of the ground where it was wet, loose, torn, broken or damaged in some other way, had the harmful obstacle been in place for long enough for the owner to know it existed?
    • Is there a regular maintenance schedule that the property owner sticks to, in order to keep proper care of the grounds?
    • Was there a legitimate reason behind why an object was in or on the floor, if that is what caused the accident?
    • If there was a good reason behind an object being an obstacle, but that reason is outdated and no longer applicable, could the item have been covered up, taken away or made safer in some way?
    • Was there perhaps another location that the item could have been located, placed or stored that would have been safer?
    • Would it have been better if a sign or barrier was created to prevent people from injuring themselves?
    • Was the cause of the accident broken or poor lighting?
  • HOW DO I KNOW IF I HAVE A POTENTIAL SLIP AND FALL CLAIM?
    Cases will always vary on a unique basis and the potential merits of your claim can be affected by a number of circumstances. In the most basic terms, however, you must have been an invitee or licensee. Essentially this means that you were a guest, visitor, worker or other invitee who was lawfully permitted to be on the premises where your accident took place. Beyond this, the extent of a premises liability owner must outweigh your own fault in causing the accident. These may be difficult matters to dissect, especially when victims are recovering from injuries. As such, our legal team is here to evaluate your case and provide you with the information and assistance you need.

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