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After being involved in an accident, most people have quite a few questions about their legal rights and the options available to them for pursuing the compensation they may need to recover from their injuries. The experienced legal team at The Law Firm knows how disorienting this experience can be and, as such, has put together a collection of frequently asked questions, along with their answers, in order to give injury victims in the assistance they need.
If you cannot find the answer to the question you need, or if you would prefer to speak with a member of our knowledgeable legal staff about your case, contact our offices today by calling .
Who is eligible to receive wrongful death benefits?
When an individual is killed as a result of the negligence or recklessness of someone else, their surviving family members may be entitled to pursue wrongful death benefits. Under California law, the children and spouse of an individual who is wrongfully killed by someone else are always entitled to pursue a wrongful death claim. Additionally, there are a considerable number of particular circumstances in which others may be entitled to seek compensation for wrongful death.
If you would like to learn more about eligibility for wrongful death lawsuits, our attorneys at The Law Firm can answer your questions. Call us at to discuss your situation and get the information you need.
If I was the victim of a dog bite, can I pursue compensation?
Dog bites can be serious injuries for those who suffer these types of attacks, and as a result, several legal provisions have been created to ensure that victims of dog bites are able to seek compensation for their damages from the pet’s owner. Under California law, dog owners are strictly liable for the damages caused by their pets in all circumstances except when the injury victim was trespassing on private property or the dog was involved in the performance of police or military work.
When you’ve been bitten by a dog due to an owner’s negligence, contact the lawyers of The Law Firm at today. We can help you understand your legal options and possibly begin taking legal action.
My motorcycle accident was caused by a road defect. Can I still seek compensation?
Yes. State and local municipalities have the responsibility to ensure that their roadways are safe for public use, and when significant defects are allowed to persist and threaten the health or safety of motorists, including motorcycle riders, the agencies responsible for maintaining the roads may be held financially accountable for the costs that the motorist may have incurred as a result of their injuries.
If a roadway defect caused you to be involved in an auto accident, truck accident, motorcycle accident, or other type of accident, speak with a lawyer at The Law Firm by calling . We may be able to help you obtain much-needed compensation.
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5 FAQ’s Before You Hire a Personal Injury Accident Attorney for the Trial of Your Lawsuit Claim or Case:
- Is there a charge to consult about taking my case?
- How does the attorney get paid?
- Where will my case be filed and why?
- How many cases like mine have you tried to verdict and won?; and,
- What is my case worth and why?
- There is NEVER a charge by me, or my office to consult about your situation. We get paid only if and when there is an offer to settle that YOU decide is acceptable. After all. It IS YOUR case;
- Cases are taken on a contingency fee – meaning on a percentage of the case. The percentage depends on the difficulty and expense of your case. You don’t have to worry about getting a monthly statement;
- The choice of the county of your case can sometimes make a huge difference. There are usually many choices and your attorney should be able to articulate these with you. The experience of your attorney in your type case in that county IS a big factor in the insurance company’s decision to settle – and for how much.
- No attorney can guarantee results or outcomes in advance of any case, facts change. Witnesses may change their story, but every case should have a goal in mind and an ongoing estimation that you and your attorney can agree upon-and- if unmet- your case will be ready to go to trial. You want a specialist in personal injury and civil trial law to advise you and try your lawsuit. The insurance company makes their decisions based on this- shouldn’t you?
Frequently Asked Legal Questions for Attorneys
When do you need to hire a car accident lawyer?
Immediately after you have been in a traffic accident that was not your fault and you were injured and need medical treatment for those injuries.
How do I hire a car accident lawyer?
By calling our Firm for a free consultation. If we determine that you have a case against another motorist and decide to represent you in the case, you will need to fill out a retainer agreement.
Why hire a car accident lawyer? Won’t the insurance company just pay me?
A car accident lawyer will represent you and has your best interests. The insurance company for the at-fault motorist or the corporation who employs the motorist who struck you will try to keep the settlement as low as possible. Car accident lawyers know the law and Law Firm has been handling personal injury lawsuits for close to 30 years. Our law firm knows what factors determine how much money a case can settle for and when it may be necessary to pursue our client’s best interests by filing a lawsuit in court.
What fees does a car accident lawyer get paid?
There is no cost to a client if there is no settlement. If there is a settlement, a car accident lawyer’s fees will be factored into that settlement.
I don’t have medical insurance. How can I get medical treatment and who pays for it?
You do not need to have medical insurance to obtain medical treatment for your injuries.
Do I have to travel to the car accident lawyer’s office?
No. Our car accident lawyers do not require that you travel to our office. Our experienced legal team can conduct an interview with you on the telephone to determine if you have a case against another person. Our representatives can also make an appointment to meet you wherever necessary to fill out paperwork such as retainer agreements.
Does a car accident lawyer handle property damage claims? Will the lawyer receive a fee for this?
Car accident lawyers do not take a percentage of your reimbursement for property damages, but our legal representatives can help you if necessary facilitate the claim with the insurance company. Typically the insurance company would work with you directly on this type of claim.
What type of cases does our Firm handle?
Law Firm handles every type of traffic accident claim including motorcycle accidents, car accidents, truck accidents, train accidents, airplane accidents, slip and fall, trip and fall, nursing home abuse, dog bite claims, premises liability, wrongful death, catastrophic injuries.
How are most car accident claims settled? Will I have to go to court?
Most car accident claims are settled out of court between the two parties. Few cases are litigated in court and those that are usually involve large sums of money. Litigation is expensive and most courts prefer that parties settle out of court. Typically the insurance company will make an offer first and our law firm will determine whether it is a reasonable offer and if not, we will make a counteroffer.
How much money can I recover for my injuries?
In most cases, clients recover the amount of money spent on their medical treatment, plus lost wages, and sometimes pain and suffering. Typically, injured plaintiff receives care from a medical provider and the cost of that treatment determines how much their award will be. However, many times an injured person’s medical bills are reduced because that person is covered by their own private insurance.
- EXPERIENCE:Your attorney MUST have RESULTS in your kind of case and in your county of your lawsuit;
- KNOWLEDGE: Your attorney MUST have the know how of the law and the result changing facts of your case;
- INTEGRITY: Your attorney MUST have the integrity so that you, the Judge, and the jury -and the insurance company- can TRUST your attorney. A clean record with the State Bar, and A/V rating with Martindale-Hubbell, and great references;
- RESOURCES: Your attorney MUST have the money, staff, and ability to develop your case with experts in the fields that involve your case, whether engineers, doctors, specialists, architects, accident re-constructionists, and many others.
- PERSISTENCE/CREATIVITY: Your attorney MUST have the ability to find the many parts of the law that WILL work for you and your case and keep fighting for you as long as practicable -on appeal- after adversity;
What is Vicarious Liability?
The term Vicarious Liability is a legal concept that refers to one party being accountable for the actions of another when damage or injury occur. This is despite the fact that there was no active involvement in the incident by the liable party. Both individual persons as well as entities can be charged with vicarious liability. These include:
- Contractors
- Parents
- Employers
- Corporations
- Manufacturers
Vicarious Liability Scenario Examples
In today’s culture there are a number of different scenarios implicating a party in a vicarious liability lawsuit such as:
Contractors can be charged with vicarious liability if their subcontractors do not fully complete a job or are found guilty in contract violations.
Under certain circumstances, parents can be charged with vicarious liability if their child’s actions cause damage, harm or injury to a person or property.
Employers can be party to a vicarious liability lawsuit as well. There can be a variety of circumstances such as sexual harassment, discrimination and workers compensation suits.
Manufacturers of certain items of technology may be liable in a vicarious liability suit.
Contact a Palm Beach County Vicarious Liability Attorney
The premise behind vicarious liability lawsuits is to ensure proper parties are held responsible when harm or damage occurs. A skilled and experienced lawyer who is familiar with the convoluted nature of these cases can help guide you through the legal process if you have been injured. We offer free consultations.
Did your accidental injury make a pre-existing injury worse? An insurance claims adjuster may use the fact of your previous injury to seek to refuse or reduce the compensation that you receive. How will you handle the expenses and losses associated with your car accident, construction site accident or ice and snow-related fall? You may need the following to be made financially whole after any type of accidental injury:
- Medical bills paid
- Lost wages replaced
- Associated medical needs covered, such as physical therapy
- Related expenses
This will be the case whether or not you had a pre-existing injury. The Law Offices of stands ready to fight on your behalf if worsened conditions of a pre-existing injury are a result of a new injury caused by any new accident or incident:
- Motor vehicle accident
- Domestic violence
- Medical malpractice
- Accident on dangerous premises
- Sexual assault
- Dangerous or defective product
- Construction accident
Contact a Back Injury Attorney
Are there any special aspects of your accidental injury in West Palm Beach? Aggravated injury? Lawyer can advise you after you have suffered exacerbation of pre-existing injuries. Attorney consultations are free at our Law Office. For example, in the case of a long-standing but now worsened back injury, attorney can evaluate your case for compensation after a new injury. Contact our South Florida law office by calling or or by completing our online form.
What is toxic tort?
A toxic tort case is a lawsuit in which you are seeking compensation for injuries caused by toxic exposure. Typically this is exposure to a hazardous chemical, but it can be a substance such as mold and other types of toxic exposure, as well. Toxic exposure can cause long term illnesses, permanent bodily harm, and even death.
Toxic Exposure Injuries
The type of injuries caused by toxic exposure will depend on the type of exposure you have suffered. Common injuries caused by toxic exposure include:
- Brain injuries
- Cancers
- Leukemia
- Respiratory illness
- Neurological damage
- Learning disabilities
- Birth defects
- Organ damage
Proving Toxic Tort
We will work with the medical specialists and experts with special knowledge about the toxic substance your were exposed to, in order to prove your case. These cases can be elusive, and pinning down the responsible parties can be very difficult and may require extensive investigation because the exposure may have occurred years or decades before your illness surfaced.
Types of Toxic Exposure
It would be impossible to list all the types of toxic exposure here, but some common examples include:
- Lead-based paint, often found in children’s toys – brain injury, learning disabilities, neurological damage, and death
- Asbestos – asbestosis, mesothelioma, and other cancers
- Toxic waste – leukemia, cancers, many other illnesses
- Benzene – leukemia, cancer, anemia, birth defects
- Dry cleaning chemicals – brain injury, organ damage
- Pharmaceuticals – multiple injuries including birth defects
- Teflon – cancer, birth defects, liver damage, learning disabilities
- PCB’s – cancer, liver damage
Children at Greatest Risk
Anyone can incur serious harm from toxic exposure, but children are hit especially hard. Because they are small and their bodies are still developing, they are more susceptible to harm from toxic substances. Because many types of toxic exposure can cause learning disabilities and can affect development, children suffer more from their injuries throughout their lives.
We believe that every case is important, and no case is too small. If you or a loved one has been injured or killed by toxic exposure, please call or email us today to schedule your free consultation.
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