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You should definitely consult with a personal injury attorney to see if you have a case. Did you, by any chance, take pictures of the area where you fell? That would be helpful to the attorney’s evaluation.
Florida State Statute 95.11 deals with the statute of limitations for medical malpractice.
According to the law, an action for medical malpractice shall be commenced within 2 years from the time the incident in question occurred or within 2 years from the time the incident is discovered or should’ve been discovered with the exercise of due diligence. So, what does all of that mean? Suppose you had leg surgery on January 1, 2000, during which the surgeon negligently left a piece of medical equipment inside your leg.
According to the law, you could have certainly brought a medical malpractice action up until January 1, 2002. But let’s say you didn’t become aware of the negligence until April 1, 2000, when you felt a pain in your leg and went to the doctor, who told you what had happened. In such a case, you would still be able to bring a medical malpractice claim up until April 1, 2002 (two years from the time that you became aware of the negligence).
However, let’s say you felt a pain right after surgery and didn’t investigate it; then, in January of 2008, you finally had it checked out and realized what had happened. Because you didn’t perform due diligence by investigating the pain when you started feeling it, you would have lost your chance to bring an action for the January 1, 2000, incident.
Put simply, medical malpractice is negligence committed by medical professionals acting within the scope of their practice. In order for a medical professional to be liable for medical malpractice, there must have been:
(1) a duty owed to a patient by their doctor;
(2) a breach of that duty;
(3) resulting injury proximately caused by the breach of duty; and
(4) harm or damage sustained by the injury.
It is important to remember that an unanticipated, unsuccessful or unwanted result of a medical treatment does not by itself suggest medical malpractice has taken place.
The standard for medical malpractice revolves around the “reasonable” test of the law. In other words, in determining whether a doctor has committed malpractice, one must compare the doctor’s actions to how a “reasonably prudent doctor,” with the same specialized training and experience, would have acted. The distinction here is that one doctor’s actions are being compared to another comparable, “reasonable” doctor’s hypothetical actions. Yes, brain surgery is immensely complicated and difficult, but you are not comparing a brain surgeon’s actions to a layman’s; rather, you are considering how a reasonably prudent brain surgeon would have acted in similar circumstances when trying to figure out if malpractice has occurred.
While incidents of medical malpractice are wide-ranging and far too common, we have listed some examples of ways in which a doctor may have committed actionable medical malpractice.
This list is by no means comprehensive, and if you feel you have been the victim of medical malpractice, contact our medical malpractice attorneys immediately to set up a consultation.
When the matter is an issue of faulty product liability (as opposed to strict liability, in which other involved parties along the chain of commerce might be held liable), the manufacturer of a given product can be held liable for claims arising out of injuries sustained and caused by manufacturing defects. Companies have a responsibility to the consumers who purchase their products; before an item is sold and released into the general public, it should be properly tested and approved for use. When a company fails to ensure that the products it is selling are safe, and when said products cause injury to the consumer who purchases them, the manufacturing company can be held liable for the resulting damages.
Product liability law is the name for the area of law governing consumer products that cause injury or death. This field of law is designed to protect consumers from harmful or defective products. The fact is that thousands of preventable deaths (and many more thousands of preventable injuries) occur each year due to use of faulty products. When someone is injured while using a faulty product, the resulting injuries can mean significant pain, medical costs, job loss, and a variety of other social and personal losses (not to mention the possibility of death). When someone is injured or killed because a product they were using was manufactured in a faulty manner, they can bring a product liability action against and seek compensation for damages from the manufacturer.
Faulty products come in all shapes and sizes and in all types of utility. Some of the most common products that can cause injury due to faulty manufacturing include:
While driving under the influence (DUI) is a criminal offense, and while police and local prosecutors will certainly become involved if a DUI incident leads to an auto accident, you should certainly still retain a personal injury lawyer if you’ve been injured in a car accident caused by a drunk driver.
As our personal injury lawyers know, prosecutors (representing the government) will manage the criminal case against the drunken driver; their goals of landing a conviction and making sure that the drunk driver is punished appropriately are intended to protect society as a whole. While the criminal proceedings might involve a determination of what restitution is to be made to you, the victim in the incident, it isn’t designed for that purpose, which is why we have civil courts in which you can bring a civil claim (likely of negligence) against the drunk driver who caused the accident in which you were injured.
The State of Florida, just like many other states, has laws that deal with comparative and contributory forms of negligence. Regardless of whether or not you might have acted negligently and thereby contributed to a given car accident, if there was another negligent driver involved (particularly if such a driver was drunk at the time of the accident), you can still file a legal claim seeking compensation. Your negligence in the incident, if it is proven in court by the defendant, is important in that it will reduce, proportionately, the amount of money you are able to recover in compensation.
Again, to be clear, Florida law holds that a claimant’s contributory negligence does not bar his or her ability to recover economic damages.
Yes. Bars, restaurants, etc., have a duty (both legal and ethical) to stop serving alcohol to people who are unfit to consume alcohol, including minors and alcoholics. Florida state law holds that a person who willfully and unlawfully sells or gives alcohol to a minor, or who knowingly serves alcohol to someone habitually addicted to alcohol, may be liable for any injury or damage caused by or resulting from the intoxication of the individual.
For example, let’s say John D., a known alcoholic, is served whiskey at a bar, then proceeds to leave the bar, get into his car, and get into a car accident, injuring somebody. The injured individual would have a legal claim against John D., but also against the bartender who knowingly, and unlawfully, served him.
Unfortunately, boating accidents cause more than bruised bows and sterns. In Florida, the most common types of injuries to result from boating accidents have included (in order of frequency): lacerations, contusions, broken bones, head injuries, back injuries, sprains/strains, internal injuries, etc. As our personal injury lawyers know, in recent years, Florida has even seen spinal injuries, instances of shock and amputations result from boating accidents. When these horrible injuries result from preventable, avoidable mistakes made by inexperienced or negligent boat operators, victims of these accidents can exercise their legal right to seek compensation for their damages.
Immediately after a cruise ship accident, help will likely be offered to you by cruise ship operators. If no help appears available, make ship officers aware of the emergency. If you sustained an injury on a cruise ship, the first thing you need to do is read the fine print on your cruise ship ticket, which contains your rights, duties and obligations. The passenger ticket will include information about how and where you can file a legal claim. Sometimes, cruise ship accident cases may only be brought in the state in which the cruise ship company is based (frequently Florida), regardless of where the cruise originated or visited.
Dealing with a non-cruise ship boating accident is similar to dealing with an auto accident (except for, of course, the boating accident likely took place on the water). After making sure that all injured parties are properly tended to, you should collect contact, license and insurance information from all boat operators involves. Additionally, as our personal injury lawyers at Aronberg & Aronberg know, you should be sure to collect contact information from all witnesses (everyone who was on the boat with you or on any other boats involved in the accident). Once authorities shave been contacted, make sure to request information from the officers such that you will be able to access the police report once it has been generated. As soon as it is safe to do so, contact a personal injury lawyer, such as one of ours at Aronberg & Aronberg, by contacting us.
Most boating accidents aren’t caused by sensational storms or giant, unforeseen icebergs. In recent years, the most common causes of boating accidents in Florida have included (in order of frequency): operator inexperience, lack of proper look-out, operator inattention, excessive speed, machinery failure, careless/reckless behavior and hull failure, followed by hazardous waters, alcohol use, and a number of other factors. As you can see, the four primary causes of boating accidents are results of avoidable human errors. If you have been injured in a boating accident caused by the wrongdoing of another, you have a right to recover damages for your injuries.
If you are still treating for your injury it may be premature to settle your claim. You do have to be careful though to file a workers compensation claim timely. If you don’t, you may lose some legal rights to compensation.
If your lawyer withdraws from the case, he is not entitled to a fee. If you fire your lawyer, he may be entitled to his fees and costs. His fee may be calculated based on the contingency (if he obtained a settlement offer for you prior to being fired OR based on the amount of hours he worked on the case.
Yes, in Florida both the driver and the owner of a vehicle involved in a crash are liable for the other person’s injuries.
Hire a personal injury lawyer in your area to present your claim to the restaurant’s insurance company. Try to settle the claim first and then, if case does not settle, file a lawsuit.
There a many factors involved that need further discussion to determine the value of your case. You really should consult with a personal injury attorney to discuss. You can always call a personal injury attorney and get a free consultation about your case.
You might be thinking, “what’s the rush?” As our personal injury lawyers know, the law maintains that after a certain amount of time, you can no longer pursue a claim for a personal injury. The statute of limitations in Florida holds that, for negligence cases, you must file a legal claim within four years following the date of the incident, meaning we need to get started on your case well before that deadline. Ideally, you should meet with and retain an experienced personal injury lawyer at Aronberg & Aronberg as soon as possible after your accident so that we can get to work right away.
Because your primary responsibility is focusing on your recovery, our personal injury lawyers want you to know that our attorneys will be “running the show,” so to speak; we will handle all of the details and submissions, leaving you to focus on getting back on your feet.
Did your lawyer not communicate to you about filing a lawsuit within 2 years of the malpractice? He/she should have within that time frame. You could potentially have a legal malpractice claim against your lawyer.
Your employer cannot get your medical records without your permission.
Yes you can pursue a negligence case against the artist. The value of your case depends on how long your injury lasts and how it effects your life. You should go to a plastic surgeon for follow up care. Also try to find out if the artist has insurance.
On the scene of the accident, collect information. Write down the name, address, driver’s license number (and state), license plate number (and state) and insurance information for the other driver(s). Also, be sure to collect the names, addresses and telephone numbers of any and all witnesses to the accident.
In addition to taking down information for the involved driver(s) and any witnesses, take down notes about the scene and location of the accident. Document the cross streets, the posted speed limit, the weather during the accident, any street lighting (or lack thereof), traffic lights or stop signs (or lack thereof), etc. All of this can prove helpful in establishing whether negligence was involved in the accident.
Make sure to request, from the police officer investigating the scene of the accident, a copy of the officer’s business card along with the “incident number,” so you or your attorney can obtain a copy of the police report.
Finally, jot down notes about how the accident took place, including the direction in which the vehicles were travelling, what the cars were doing at the time of the collision, etc. Photographing the vehicles involved in the crash, and documenting the damage, is always a good idea.
Aside from exchanging insurance and contact information with the other driver(s), and speaking to them in the course of any absolutely necessary discussion, do not make statements to anybody at the scene of the accident except for the police. What you tell police officers at the scene of the accident can come back to bite you if and when you seek compensation for any damages you might have incurred as a result of the accident.
Do not admit fault. Whether or not you honestly believed the accident was your fault, do not admit fault to the other driver(s) or to the police officer. You do not have all of the facts yet, and prematurely claiming responsibility could prove harmful. Unbeknownst to you, the other driver might have been speeding or texting, etc., a traffic light might have been malfunctioning, etc. Any number of factors, which you are unaware of immediately after an accident, could have contributed to the accident.
Do not claim to be free from injury. Your back might feel fine at the scene of the accident, but it may start to cause you serious pain in a week. Some injuries do not appear until days, weeks or even months after the accident. Saying you are “fine” can complicate your ability to seek compensation for your injuries later.
Immediately after you’ve been involved in a car accident, survey the damage. If there has any damage to property or injury to any individual(s) as a result of the crash, make sure you stay at the scene of the accident. If you are unsure as to whether there has been injury or damage, be safe and wait at the scene. If somebody has been injured, and you are qualified to provide first aid care, do so; if you are not so qualified, do not attempt to care for the injured. Also, be sure to never move an injured individual’s body, as doing so may exacerbate any injuries.
Once you’ve surveyed the scene, contact the police (or have someone else contact the police) to report the accident. When they are contacted, the police should be told how many people are injured (if there are injuries). While you wait for the police, make sure that the emergency lights are flashing on the involved vehicles and, if possible, that the vehicles are moved out of travel lanes. (This is for your safety as well as the safety of other drivers.)
As soon as it is feasible to do so, contact a personal injury lawyer, such as one of ours at Aronberg & Aronberg, by calling (561) 266-9191.
It depends on many factors such as what type of assets you have, are you head of your household, do you own a house and is it homesteaded, and do you own a second house. It is also possible to garnish your wages if you are employed. You really should speak to an attorney who handles asset protection.
In the law, a common answer to most complicated questions is: “it depends.” Although the vast majority of our cases never go to trial, there is no way for us to know from the get-go whether or not your case will need to go to trial, as that largely depends on whether the opposing side is acting in good faith and is willing to compromise. If our personal injury lawyers come to believe that the only way to obtain the compensation you deserve is by actually taking a case to trial, doing so might be a necessity. Should you need to testify in court, you will be briefed and well prepared by our experienced team of trial attorneys at Aronberg & Aronberg.
If you have established that you do indeed have a legitimate personal injury case, retaining the services of a competent, experienced and professional personal injury lawyer, such as one of ours at Aronberg & Aronberg, is crucial to success. Representing yourself in a personal injury case is very risky; insurance companies and their attorneys know just how to coerce you into accepting far less than you deserve in exchange for agreeing to sign a release.
Our personal injury lawyers at Aronberg & Aronberg focus all of our efforts on helping individuals recover damages after they have been wronged. Almost all of our cases involve people who have sustained injuries due to the negligent or reckless actions of others. At our family-operated law firm, we have combined decades of experience in personal injury law, having represented people injured in auto accidents, slip and falls, medical malpractice cases, hit & runs, nursing home neglect incidents, etc.
We know you have many options when it comes to personal injury law firms, especially in the South Florida region. Nevertheless, we are confident that our unique qualities make us the most well equipped to handle your personal injury case. Since we first opened our doors as a family-operated law firm in 1999, we have purposefully remained small.
While other lawyers have viewed firm expansion as the key measure of success, we have remained focused on client satisfaction and personal care. To us, you’re not a client number in a computer – you’re a person who we are dedicating to providing with special attention and expert legal representation. Our team of trained attorneys and experienced paralegals at Aronberg & Aronberg are incredibly accessible; we will be guiding you through the entire process.
If personal attention, competent legal representation, and a history of success are qualities you’re looking for in a law firm, look no further.
At the Law Offices of Aronberg & Aronberg, we charge our clients $0 upfront. That’s right – it will cost you nothing to retain our legal services and, should we fail to recover money for you, regardless of how hard and how long we work on your case, you still won’t owe us a dime. If we do recover money for you, as would have been agreed-upon previously, our law firm will take as payment an industry-standard percentage of the total amount of money recovered for you.
Without analyzing the specifics facts of your case, there is no way to tell how much money you might be able to recover in damages from your specific case. That said, we can tell you that our personal injury lawyers at Aronberg & Aronberg passionately represent our clients and seek to recover substantial compensation for them in order to cover medical bills, rehabilitation costs, pain and suffering, loss of enjoyment of life and lost wages (and, in the event of a wrongful death, funeral costs and loss of companionship).
Because each case is unique, there is no way for us to know how long your personal injury case might take. Some cases take mere weeks to be resolved, while others take months and some take years. Everything depends on the complexities of the case, the amount of money at stake, and whether or not the opposing party is willing to be reasonable. While we strive to resolve every case as quickly as possible, our personal injury lawyers at Aronberg & Aronberg know that rushing things is not the best legal approach.
The legal term “personal injury” falls within the scope of tort law and it refers to an injury to an individual’s body or mind as opposed to their property or possessions. Personal injury cases result from incidents of negligence, in which someone has, through their negligent and/or reckless actions, caused another to suffer an injury.
In a personal injury case, the injured individual (the plaintiff) will seek to recover damages in the form of financial compensation from the individual (the defendant), who caused the injury. It is important to remember that whether your injuries were caused by the acts of a single individual acting alone or by a company or agency, acting through an employee/agent, you still may have a personal injury case.
To know whether or not you have a legitimate personal injury case, contact one of our personal injury lawyers at the Law Offices of Aronberg & Aronberg to schedule a free consultation by calling 561.266.9191.
By calling our law firm at 561.266.9191, you can schedule a free consultation at no cost or obligation to you. If it is convenient for you, we welcome you to come to our central office in Delray Beach, Florida, right off I-95 on the corner of Atlantic Avenue and Congress Avenue. If you are unable to come to our offices, one of our lawyers or paralegals at Aronberg & Aronberg will come to you – at your home or in the hospital, or anywhere else you might need to see us.