Tag Archive for: personal injury attorney in Ft. Lauderdale FL

personal injury claim lawyer in Ft. Lauderdale FL

Different Types of Personal Injury Cases

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There are many different types of personal injury cases. Personal injury claims stem from either negligence or intentional acts. A qualified, experienced attorney can help guide you through the legal process and help assure you the best outcome for your case. If you have been injured through the negligence of another, you may be able to pursue one of the following types of personal injury cases:

Medical Malpractice

There are a number of issues to consider in a medical malpractice case. It is not enough simply that a mistake was made. Instead, a series of conditions must be met. First, there must be a doctor-patient relationship. Second, the treatment provided fell below the accepted medical standard of care. Third, the medical professional’s negligence caused the harm to the patient. And fourth, the patient suffered harm as a result of the negligence by the medical professional.

Vehicle Accidents

Vehicle accidents are a common source of personal injury cases. Both drivers and passengers may have a claim against an insurer if they have been injured in a car accident. Similarly, pedestrians are frequently entitled to compensation, with limited exceptions, if they are injured by a motor vehicle. Claims aren’t just limited to cars. Motorcyclists, and even bicyclists can both be injured in, and responsible for, vehicle accidents.

Workplace Accidents

Workplace accidents are not treated like other personal injury cases. Instead, they are covered by workers’ compensation and the rules of that system. Both injuries and death incurred on the job are compensable under workers’ compensation claims.

Defamation, Slander, and Libel

Defamation is a broad category that covers both libel and slander. It occurs when someone communicates something that is harmful to a person’s reputation or livelihood. Slander occurs when that defamation is spoken verbally. Libel occurs when that defamation is written or published. It is important to understand that defamation is a false statement of fact, not opinion.

It is also important to distinguish between public figures and private figures. In brief, private figures claiming defamation need only prove that the defamer acted negligently, while public figures claiming defamation must prove the defamer acted intentionally or recklessly.

Wrongful Death

If a person dies and it is the fault of another person or business entity, survivors may have a claim for wrongful death. Wrongful death claims compensate for any survivors’ loss. This can include lost wages, funeral expenses and lost companionship.

Wrongful death claims can involve a wide variety of fatal incidents from a car accident to complicated medical malpractice cases. People, businesses, and government agencies can all be found legally at fault for acting negligently or intentionally.

Harmful Drugs

When drug manufacturers market harmful drugs, they can be subject to government fines and lawsuits by consumers injured by those drugs.

Lawsuits against drug manufacturers frequently arise when those companies market drugs for unapproved uses.

Product Liability

Dangerous and defective product cause thousands of injuries a year in this country. Product liability law hold manufacturers and others responsible for dangerous or defective products and is different from other personal injury law. These laws may make recovery of damages easier for an injured person.

In general, all sellers in the distribution line of the defective product can be found liable for the consumer using the defective product. The distribution line may include the manufacturer of the product, the manufacturer of the products parts, the group that assembles the product, the products wholesaler, and the product’s retailer.

The law requires products meet the ordinary expectations of a consumer. When this expectation is not met and the consumer has an injury as a result, a product liability claim may be appropriate. The injured party need not be the purchaser of the product to make a product liability claim.

Dog Bites

According to a report by the Centers for Disease Control and Prevention (CDC), 4.5 million dog bites occur annually in the United States. Further, approximately one in five of those bites will become infected

Children and men are most at risk of being bitten by a dog. Over half of all dog bites occur in the home by dogs that are familiar to the victim of the bite.

Should you be injured by a dog bite, document as much about the bite as possible, including all medical treatment. This will assist your attorney in a future lawsuit and ensure that you receive a full financial recovery.

Slip and Fall

Business owners and employers have a responsibility to provide a safe premises to the public. Slip and fall accidents can occur in the workplace or in a public space, including businesses. Common causes of slip and fall accidents include slippery floors, improperly maintained sidewalks, construction site hazards and broken stairwells. Slip and falls can result in a wide variety of injuries from minor to fatalities.

If you are injured in a slip and fall accident, seek whatever medical attention you need immediately. Medical reports will help your case by keeping a record of your injuries.

If you are able, use your phone to take pictures of the scene of your injury. If you are unable, ask a friend to take the pictures or return to the scene later to take photos.

Assault and Battery

While most personal injury claims are the result of negligence, assault and battery claims are the result of an intentional act. Assault and battery cases often involve criminal charges, but a civil lawsuit can also be brought.

Assault occurs when the defendant’s action cause a person to reasonably believe they are in imminent danger of harm. A battery occurs when one person actually strikes another, directly or indirectly, causing harm or injury.

Assaults and battery frequently arise from the same event, but that is not necessarily always the case. It is possible, for example, for there to be an assault without a battery. Similarly, particularly if attacked from behind, a battery can occur without an assault.

Contact Madalon Law

Whether you have been injured due to medical malpractice, a vehicle accident, a faulty product, a dog bite, harmful drugs, or slipped and fell, you may be entitled to compensation for your injuries. Similarly, if you have lost a loved one due to one of these categories of injury, you may be entitled to compensation. Contact the hard-working Florida personal injury attorneys at Madalon Law for a free consultation. There is no fee unless we recover on your behalf.

personal injury claim attorney in Ft. Lauderdale FL

Personal Injury in Florida Personal Injury Journal: What Is it and Why Should I Keep One?

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If you suffer any type of personal injury, it is vitally important that you maintain a personal injury journal. A personal injury journal is where you document your injuries on a daily basis. It can come in many forms, including a simple notebook or a day calendar. The key is that you keep it with you so you can record information at any time. Do not delay recording. This should be done in “real time,” even updating your journal multiple times a day.

What Type of Damages Can I Collect in the State of Florida as a Result of a Personal Injury?

In a personal injury case in the state of Florida, you may be able to collect for the following:

Pain and suffering. This is payment for physical pain caused by an injury.
Loss of consortium. This is payment for an injury that results in a loss of familial relations.
Property damage. This is payment for damage caused to any property as a result of an accident.
Medical treatment. This is payment for medical treatment that arises from the personal injury, including past present or future payments.
Emotional distress. This is payment for any emotional pain suffered as a result of the personal injury.
Lost wages. This is payment for any wages lost as a result of the personal injury.
Defamation. This is payment for any damages in a slander or libel lawsuit.

It is important to contact an attorney as soon as possible if you have sustained an injury. It is also critical that you document your injuries and the consequences of your injuries, so that a proper assessment of your damages can be performed.

What Should I Write in My Personal Injury Journal?

After you suffer a personal injury and start a personal injury journal, the first thing to include are the details of the injury. In short, what happened to you? Please provide as much and as many details as possible. Did you see the other party talking on his or her phone before the accident? Did they tell you they didn’t see you because the sun was in their eyes? The legal process can take a great deal of time in Florida and you may not be able to remember the details of your experiences during your time waiting for trial. If you can keep detailed notes about your injuries, you will help your attorney get the best results for you.

On a daily basis, track the level of your pain. Be as specific as possible including what area or body part is affected. Vague statements like “I feel miserable again today” are not very helpful. Also track days when you are not experiencing pain. In addition, record any difficulties in movement you experience. As time passes, you may find you have less to enter in your journal. Regardless, never go more than one week without recording an entry in your personal injury journal.

Privacy Concerns

Be advised that if your case goes to trial, your personal injury diary may be made available to the parties and the court. Keep your writing professional and courteous. Do not lash out in anger at the other parties involved. There may be times when part of or all of your journal may be considered privileged information. However, to be on the safe side, assume it will all be made available and public when you are writing in your personal injury journal. Writing about how you feel emotionally is best saved for your personal journal.

Keep a Record of Any Witnesses

Write down the names and contact information of any witnesses that saw the events that led to your injuries. Their testimony may be necessary and helpful if your case goes to trial. Also record contact information for any witnesses that could testify about your experiences after the injury, such as observers of your pain and suffering, loss of income and any other results of your injuries. This can include family members, friends, or coworkers.

Keep a Record of All People That Treat You

Like other witnesses, keep a record of the names and contact information of all treating physicians. Additionally, document the names and contact information of your physical therapists and physician’s assistants. It can be difficult to remember that information if your injuries require you to see multiple specialists, so add this information to your journal as soon as practical.

Keep a Record of Medical Treatments and Doctor Visits

Use your personal injury journal to record all medical treatments you receive. Also record all doctor visits. Keep track of the progression of your injuries. After each trip to a medical professional, record advice you receive from the professional. Further, record all medical bills and any related documentation.

Keep a Record of Your Emotions.

Some injuries and ongoing pain can affect a person’s emotions and feelings. It is important to keep an honest and open record on an ongoing basis. Try to avoid making extreme statements that can be easily contradicted. This includes statements such as, “I can never…” or “I always…”

Keep a Record of Any Loss of Earning Capacity, Income Loss or Other Wage Loss

Keep and make copies of income tax returns, W-2 forms, payroll stubs and any other income related documentation.

What Are the Next Steps to Take?

If you have I have sustained an injury and started a personal injury journal you may be wondering, “What should I do now?” An experienced, qualified personal injury attorney can help you get awarded all of the damages that you are entitled to. For an injury in Florida, please contact the experienced attorneys at the law offices of Madalon Law. We have offices throughout the state law Florida. We will speak with you about your case at no charge to you. We will also come to you if you are unable to come to one of our offices. If you hire our law firm, you will only be charged if we win. We look forward to hearing from you soon.