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Injured at the Hands of a Healthcare Professional? What Now?

There are certain things in our society, in life, that are known or accepted truths. For example, there is no way to convince you out of knowing that the sun will rise tomorrow, that apples fall from trees, and professors work on college campuses. These truths, concepts, and phenomena are so predictable that they become part of our intuition. Do you need food? Go to the grocery store. Are you injured and seeking immediate medical attention? Call 911. Do you have a minor injury, cold, flu, etc.? Go to your doctor. 

But what happens when one of these accepted phenomena deviates from the norm? Seeking help from a healthcare professional and walking out with a new or worsened injury is a distressing experience.

Before the 1960s, medical malpractice cases within the U.S were rare. Since then, however, claims have increased drastically. These significant increases are expected given the simultaneous growth in science and technology, motivated by subsequent increases in diseases, accidents, etc. Fortunately, there are specialized medical malpractice attorneys in Florida that have dedicated themselves to helping those who have suffered at the hands of a medical professional.

What is a Medical Malpractice?

Simply stated, medical malpractice occurs when a patient is harmed by his/her doctor or a medical professional. There are different types of medical malpractices which include but are not limited to: (1) failure to diagnose, (2) improper treatment, and (3) neglecting to inform the patient of the risks of a procedure, thus, not receiving proper consent from the patient. Although laws regarding medical malpractices vary between jurisdictions, the satisfaction of these four principle elements are legally required to file a medical malpractice claim: 

  • Legal responsibility. When a person seeks help from a medical professional and is accepted as a patient, a legal relationship is established between the two in which a medical professional has assumed responsibility for his or her patient’s well-being. This bind acts as an agreement between doctor and patient.
  • Beach of the established relationship. Once this doctor-patient relationship is legally established through seeking treatment, the healthcare professional has a legal responsibility to fulfill his/her duty to the patient, and adequately provide the care offered. Failure to provide this care, typically caused by negligence in diagnosis or treatment, is considered a breach of the legally established relationship. Demonstrating this breach is imperative for the filing of a medical malpractice claim. 
  • Casual Relationship. Once the breach of the relationship is confirmed, one must provide evidence that clearly defines the casual relationship between the doctor’s negligence and the patient’s injury or complaint. Providing evidence for this casual relationship may be difficult for more subtle damages. For instance, if a surgeon performs surgery on the wrong arm, there is a direct link between the surgeon’s negligence and the patient’s injury. Thus, more subtle cases will require sufficient evidence to demonstrate that the patient’s current injuries have been caused by the medical practitioner.
  • Capacity for Compensation. Although a wide array of events can motivate a person to file a medical malpractice claim, filling this claim requires there to be an obvious way in which these damages can be compensated for. With the help of the medical malpractice attorneys Tampa, identifying the various forms of compensation will save you time and optimize your earnings to ensure that you feel justice has been served. 

Why You Need a Medical Malpractice Attorney in Florida

Satisfying these four primary factors of a medical malpractice claim sounds simple enough; nonetheless, medical malpractice cases can be quite complicated and significant to take on as the victim. Medical malpractice attorneys Orlando intend to reduce the victims’ worry by alleviating the task load and maximizing compensation.

Florida malpractice law requires all involved parties to be notified of the potential claim 90 days before filing a lawsuit. The liable parties are expected to investigate the reported issue during this time. Often, persons involved may propose a settlement within these 90 days. Suppose you have been harmed in a Miami hospital emergency room because of a medical error. In that case, it is advised that you contact the Miami medical malpractice lawyer immediately to inform the liable parties to follow the Florida malpractice law properly. 

Another reason you need a Florida medical malpractice attorney is to ensure that your medical malpractice case is valid and strong enough to win if taken to a jury trial. To validate your case, a Florida medical malpractice lawyer will put you in contact with a medical expert in compliance with the expert criteria detailed by Florida medical malpractice law. A medical expert will also greatly benefit if the case is taken to trial, requiring expert witnesses who know your case well enough to inform the jury adequately. Winning the case or receiving an adequate settlement may heavily depend on having a Florida medical malpractice or personal injury attorney and health care expert. 

Finally, a medical malpractice attorney in Florida will ensure that justice is served and you are compensated for the sustained damage. By Florida law, the victim of a medical malpractice claim is outright entitled to receive compensation for any economic impairment caused by the negligence of a medical professional. 

Before considering the following information, it should be noted that Florida is one of the few states that has a “more likely than not” standard of causation. This implies that if a lawsuit is to be presented in a jury trial, it is the lawyer’s duty to demonstrate that the patient’s injuries have probably been caused by the physician’s negligence. This “more likely than not”, or higher probability standard of causation, gives the plaintiff a favorable position. Unlike the “beyond a reasonable doubt” standard of causation, “more likely than not” only requires there to be over a 51% chance that the patient’s injuries have been caused by a physician’s negligence. If this likely hood is supported by evidence gathered by your medical malpractice lawyer, the jury will vote for the compensation of the patient’s damages.

As stated in Florida Statutes §766.118, economic damages include any financial impairment that has resulted from the medical malpractice that has caused the patient’s injuries. Thus, past, present, and future losses (e.g., medical bills, insurance, etc.) are eligible for legal compensation, including 80% of income loss and earning capacity. These conditions apply to the Wrongful Death Act as well. 

However, economic impairment is not the only reparable and/or compensated damage: according to the Florida medical malpractice law, the victim is also entitled to compensation for non-economic damages. These additional forms of compensation include physical or psychological distress such as inconvenience, impairment, reduction in overall quality of life, physical impairment or disfigurement, etc. Contacting a law firm for those needing to recover damages from a wrongful death due to a practitioner’s negligence, is of benefit considering that the compensatory cap for the lawsuit is raised. 

Contact Us Today!

If you suspect you may have been a victim of medical malpractice, immediately contact us at 561-376-8073. We guarantee to provide the necessary legal advice, justice, and compensation you deserve with the help of our Florida medical malpractice lawyer.

Meet Your Car Accident Attorney In Florida, He Is Waiting For Your Call!

The United States is one of the countries where most car accidents occur because of its large avenues and although this has its advantages, it also has its dangers and disadvantages. 

It is enough to set foot outside our home and we are exposed to all kinds of accidents and even more if we live in Florida; there are several causes for which car accidents occur, according to statistics, distractions such as electronics devices occupy the third place in the causes of pedestrian fatalities.

That is why our lawyers are specialized in these types of cases, in Scott’s offices we care not only for the good of our clients but we strive to ensure that your case is treated and valued in an optimal way. 

Our successful cases show that hiring a Car Accident Attorney In Florida gives you benefits which you will not receive when you rely on the insurance companies, because they work in a way that the client receives very little compensation and in some cases no compensation at all, the only thing they are able to offer the client are medical bills that in many cases they will not cover.

What Can A Car Accident Attorney In Florida Do For You?

First of all, you need to know that we have 23 years of experience, our law firm has the best lawyers specializing in all types of personal injuries, but in this article, we want to focus on our expertise in car accident claims.

Whenever we are involved in a car accident case, many questions come to our minds; was I at fault, will my insurance company help me, what if I am injured but I don’t know yet… keep reading and you will know what a Miami car accident lawyer can do for your case.

    • Our most important task is to protect the rights of our clients at all costs, a car crash means not only material damage and damage to our health, but also emotional damage, the latter is often neglected and the insurance companies and the person causing the accident take advantage of your situation and come to override your rights, imposing their terms so that you as a victim can not fight for your case.

So we have worked with the ideal of making sure that our clients’ rights are enforced and respected, as this gives the case more weight and makes it a successful outcome.

    • We have a clear vision of how insurance companies work, they are trained to give fast and favorable solutions, but sadly they are not in favor of the victim, in other words, they will give you a solution but this will be the one that best suits the company, in monetary terms, clearly an insurance company will not want to pay all the medical expenses or give you all the money you have paid for your insurance because it would not be a profitable business for them.

So we take care of dealing with these entities by gathering all the documents, proofs or evidence so that we can build a successful case.

  • Taking into account these two major tasks that we as experts perform as if it were a relative of ours, we do everything possible to get a fair compensation, we know that when you suffer an accident, there are many losses: material, time, lost wages, health and in the worst case we can even lose a loved one. Knowing this, our priority will always be to get you fair and timely compensation.

But the idea of hiring a third party to help us with our case immediately makes us think: will I have the money to pay a lawyer? How can I deal with this whole situation if I have no legal knowledge? Am I really injured?

The following is an explanation about the benefits you will have if you seek professional help.

Advantages of Hiring Our Car Accident Attorneys.

Hiring a Tampa car accident lawyer assures you immediate guarantees, we can offer you our services that translate into advantages for you.

  • Something you should know is that our lawyers will work for you and serve you, we work with you as if you were our family member, even if you speak another language such as Spanish, French, Creole or Portuguese, all in order to make you feel as safe and comfortable as possible.
  • Once we have this link, we must evaluate your case, review all the evidence and documents you have and at the same time we work on looking for more evidence to give more weight to the situation.
  • Between these documents we will make sure that you receive high quality medical care, from a minor pain in an arm to brain injuries, everything is important not only to make sure your health is in good condition, but it also helps us to build a good case.
  • The next thing is that with all the effort invested in structuring a case that will be successful we will be able to give a monetary value to your case, this means that we add up from the smallest damage to the largest, thus creating a larger and larger number for you.
  • We work on a contingency fee basis, i.e. you do not have to take any money out of your pocket, only if the case is successful, the money comes from the compensation we have been able to get from the insurance.

If You Need Help With Your Case Call Us!

Thank you for reading this article, now that you know what we can offer you in Florida, you can count on the best Orlando car accident lawyer. We will strive to make your case completely successful, we are people who serve people and we know all the needs we have.

Call us anytime, we are available 24/7!

We Will Help You Receive The Flight Accident Compensation You Deserve

When you are on a flight, the last thing you would like to happen is for something to go wrong. Unfortunately, accidents do happen, and when they do, the passengers aboard are often entitled to accident compensation. If you have been involved in a flight accident, it is important to understand your rights and what steps you need to take in order to receive the compensation you deserve.

Claiming compensation can be a complex process, which is why it is important to have the best personal injury lawyer on your side. This article will discuss everything you need to know about flight accident compensation. Please continue reading to learn more.

What Constitutes A Flight Accident?

In order to be eligible for compensation, you must have been involved in what is considered a “flight accident”. A flight accident refers to an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

  • A person is fatally or seriously injured; or
  • the aircraft sustains damage or structural failure, which adversely affects the safety of the aircraft.

In order to be eligible for compensation, it must be proven that the accident was due to an error on the part of the air carrier or its employees. Unfortunately, many accidents are caused by weather conditions or other factors beyond the control of the airline, and in these cases, passengers are not eligible for compensation.

Here are some examples of in-flight accidents that are eligible for compensation:

  • Injuries brought on by a seat that is defective.
  • Head injury as a result of a spill from an unlocked overhead locker.
  • Injuries brought on by rowdy, uncontrolled passengers.
  • Injuries brought on by a food or beverage trolley colliding with someone.

What Types Of Compensation Can You Receive?

The type and amount of compensation you are entitled to will depend on the severity of your injuries and the damages you have suffered. In some cases, passengers who have been injured in a flight accident may be able to receive both economic and non-economic damages from their personal injury claims.

Economic damages refer to any financial losses you have suffered as a result of the accident. This can include things like medical bills, lost wages, and property damage. Non-economic damages are more difficult to quantify and are often awarded for things like pain and suffering, emotional distress, and loss of companionship.

In order to receive compensation, you will need to file a flight accident claim with the airline. It is important to note that you only have a limited amount of time to do this, so it is important to act quickly. You will also need to provide evidence to support your claim, so be sure to keep any relevant documentation, such as medical records and receipts.

Once you have filed your claim, the airline will investigate the accident and determine whether or not they are liable. If they are found to be liable, they will then offer you a settlement. It is important to note that you are not required to accept their first offer, and you may be able to negotiate for a higher amount. If you are unable to reach an agreement, you can take your case to court.

An experienced accident attorney can help guide you through the air accident claim process and ensure that you receive the compensation you deserve.

Contact Our Flight Accident Attorneys!

If you or a loved one have been involved in a flight accident, you may be entitled to compensation. At The Law Offices of Scott J. Senft, we can help you navigate the complex legal process and ensure that you receive the full amount of damages to which you are entitled. Contact us today at 561-376-8073.

Accident Victims Deserve Compensation & We’re Here to Help

We’d like to welcome you to this article on the topic of personal injury accidents in South Florida. Suppose you have been the victim of somebody else’s negligence. In that case, the truth of the matter is that you deserve to be compensated for it.

However, actually attaining this form of reparation is not an easy task. In fact, to do it properly, you can not embark on a legal journey on your own. Instead, you will need to hire the assistance of a Dania Beach accident attorney. This is because these professionals have experience dealing with tort law (personal injury) and the complexities of its application in an actual case.

So, today at the Law Offices of Scott J. Senft, we’d like to take the time to convince you today in understanding that your best option as a victim is to reclaim what is yours: your rights and fair compensation. Let’s go ahead and get started!

What Is The Most Prevalent Injury Accident in Florida?

A car accident injury accident in South Florida is perhaps the most common one in our state. That is why the help of a car crash attorney in Dania Beach will help you be aware of the legal implications of it. Negligence within these claims falls on the following core themes:

 

  • Speeding above the posted limits,
  • Drunk driving or with other hallucinogens,
  • Emotional driving,
  • Distracted driving with music or texting.

How Can My Dania Beach Accident Lawyer Assist Me?

So, let’s arrive at the substance of the topic, what really matters. In these challenging circumstances, a motor accident lawyer in Dania Beach will have the ability to pinpoint precisely how the above-mentioned negligent actions can apply to your injury claim so that your monetary settlement.

More importantly, with substantial expertise on your side, your interests will be protected from start to finish. Things like pain and suffering or loss of income will thus receive a numerical value. This is very important because these two are tied to other variables like medical costs or emotional trauma. In other words, the more substance within your initial claim, the bigger your final settlement will be.

Furthermore, let’s go ahead and review other essential services that will protect your rights and secure your assets.

  • Dania beach’s car accident attorney will compile an extensive investigation that details your losses. Within it, our injury attorneys at the Law Offices of Scott J. Senft will gather all of the necessary evidence to reflect the facts of the car collision and your side of the story.
  • Based on contingency fees, we work firmly with this premise. This means we will not charge our clients a single cent if we do not win their cases. Furthermore, please be aware the fee will not even come out of your pocket. That’s right, the money will derive as a percentage from the settlement that you receive from the at-fault party’s insurance company.
  • Lastly, our accident attorneys will ensure that you file your claim on time. Many accident victims who choose to embark on their legal venture on their own fail to file their claim on time within Florida’s statute of limitations and other mandates per the time. In Florida specifically, their accident victims have a total of two years to file their claim. Our expert Dania Beach personal injury attorney will ensure your claim stays on track.

The Solution Is In Your Hands!

We hope that you now understand that you do not have to venture into a legal claim on your own. As a car collision accident victim, your rights have to be accounted for, and at the Law Offices of Scott J. Senft, we will make sure that this happens.

For us, the most critical task at hand is to deliver fair and just compensation that you are entitled to. With our help, you will solely focus on recuperating from your injuries. At the Law Offices of Scott J. Senft, we have ample experience with all personal injury cases, including the most traumatic ones. So, get in contact with us at 954.516.2592!

A Dania Beach Accident Lawyer Is The Key To Success

Due to the high frequency of accidents, auto accidents account for most personal injury cases in the state of Florida. Being involved in a car accident is an overwhelming experience that comes unexpectedly and at the most undesired moments. The aftermath of the collision can be just as confusing and frustrating. So what do you do after a car accident? 

Understanding what to do after an accident can positively influence the outcome of a lawsuit and help you safeguard your legal rights. A Dania Beach accident lawyer will guide you through the actions to take after a car personal injury accident. Please continue reading for steps to take following a car accident to strengthen your claim and protect your legal rights.

What Should You Do After A Car Accident in Florida?

  • Ensure That Your Fellow Passengers Are Safe: If you can, get out of the car and check on everyone involved in the accident. Make sure that everyone is okay and does not need immediate medical attention. If anyone is injured, seek medical attention right away. Examine the accident scene for any risk factors that could result in more harm, such as electric sparks or leaking gasoline.
  • Report The Accident: Most jurisdictions mandate you to file a report if you are involved in an automobile accident that results in property damage exceeding a particular amount or in injuries. Call the police as soon after the accident as possible so that they can document what happened while it is still fresh in your mind. The police record can help you prove your case and receive the compensation you deserve.
  • Get The Other Driver’s Information: Be sure to get the other driver’s name, address, phone number, and insurance information. It is also a good idea to take pictures of the other driver’s license plate and their vehicle.
  • Talk To Witnesses: If there are any witnesses to the accident, try to get their name and contact information. The police will likely talk to them, but it is always helpful to have your own witness information.
  • Write a Description of the Accident: It is helpful to write out a description of the accident as soon as possible while it is still fresh in your mind. This will help you remember what happened and be used as evidence later on. Include information such as the time, date, location of the accident, weather conditions, the direction each car was traveling, what happened leading up to the accident, and anything else you can think of.
  • Contact Your Insurance Company: You will need to contact your own insurance company as soon as possible after the accident. Be sure to have all of your documentation ready, such as your police report and insurance information. Talk to a motor accident attorney in Dania Beach before signing any documents.
  • Consult With a Dania Beach Accident Attorney: You should always consult with a car crash lawyer in Dania Beach after being involved in a car accident. An attorney can help you navigate the complicated legal process and ensure that you take all the necessary steps to protect your rights.

Reach Out To A Car Accident Lawyer In Dania Beach Today!

If you have been injured in a car accident, it is essential to consult with a Dania Beach personal injury lawyer as soon as possible. The law offices of Scott J. Senft are here to help you through this difficult time and fight for the compensation that you deserve. Contact us today at 561-376-8073.

How An Accident Attorney Can Help With Defective Product Injury Case?

Suffering injuries due to a defective product can be one of the most horrendous situations in our lifetime. If a defective product has caused your bodily damage, this article is for you! These types of accidents occur when a product malfunctions and fails to meet the consumer’s expectations. 

Defective products can cause several types of injuries. They can cause abrasions, burns, and fractures. As a result, depending on the severity of your injuries, you may be required to miss workdays while you recover. As you can see, defective product cases lead to significant burdens that will undoubtedly decrease your quality of life. 

We are here to tell you that someone must be held liable for your damages. There are different types of defective product liability. For this reason, manufacturers, distributors, suppliers, and retailers could be responsible for all of your damages.

Manufacturers and distributors have a duty of care in making sure that their products are safe to use and that they are sold in perfect condition. However, if any of these parties breached their duty of care, they will be held responsible for your injuries and must compensate you. 

In addition, you must know that these parties may not make it easy for you when seeking compensation. It’s important to hire a personal injury lawyer for your defective product injury case in Florida to help you deal with those undermining schemes.

These trained professionals can help you get compensated and bring many other benefits. Throughout our article, we will discuss the legal standard of these claims in Florida, different types of product liability, and the advantages of hiring an accident attorney. 

The Basics of Defective Product Liability

Product liability refers to a manufacturer, distributor, retailer, or seller being held liable for placing a defective product into the hands of a consumer. In other words, culpability may be attributed to the sellers of the product that are in the distribution chain.Equal to any other personal injury case, defective product liability claims are ruled by state laws. These cases are brought under the theories of negligence, strict liability, or breach of warranty.

 

  • Strict Product Liability: This refers to a situation where a victim has the right to bring a lawsuit based on a grave injury caused by a defective product. In a strict product liability action, victims are not required to prove that the manufacturers or sellers were negligent. In other words, the accident victim can sue those responsible within the distribution chain.
  • Breach of Warranty: In Florida, the victim must be in privity of contract with the seller of the product if they are seeking compensation for breach of warranty.

What Are The Principle Defective Product Liability Laws in Florida?

  • Statute of Limitations: This is a mandate that sets the maximum amount of time that victims have to file their lawsuit. In Florida, personal injury accident victims must file their claim within four years of the accident. 
  • Comparative Negligence Rule: This law determines the contribution of each party to you can recover damages even if you were partially at fault. Nevertheless, your award will be reduced according to your percentage of fault. Ultimately, this percentage is decided after conducting an extensive investigation of the facts

What Are Varieties of Defective Product Liability?

 These claims often fall into three categories. So, let’s take a closer look at them 

 

  • Defectively Manufactured Products: A defectively manufactured product is flawed at the time of its creation. If there was an error when it was created, it could easily become a hazard to anybody who uses it. Some examples of defective products include:
  1. A swing set with a cracked chain,
  2. A cell phone with a short circuit, 
  3. A chair with a faulty leg piece. 
  • Defectively Designed Products: In this category, a product’s original design is inherently hazardous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process. On the contrary, they are filed when the designer fails to envision the product in a safe manner. This also means that it is inherently dangerous, regardless if the designers state that their specifications were safe. Some examples include:
  1. A sunscreen that fails to protect people from ultraviolet rays. 
  2. A line of electric blankets that ends up shocking consumers when turned on high.
  • Failure to Provide Adequate Warnings or Instructions: These claims involve a product that can pose a health risk. However, it becomes even more dangerous because the manufacturer fails to provide a warning sign or adequate instructions. The following are examples of these claims:
  1. A cough syrup that is missing its warning label stating possible side effects.
  2. A corrosive paint-removing chemical that is sold without proper instructions for safe handling and usage.

What Are Some Important Steps to Take After Being Injured by a Defective Product?

We understand that suffering an injury from a defective product is extremely overwhelming. However, you must try to remain calm and seek immediate medical attention. Your personal doctor will write a report, which will be valuable evidence for your claim.

In addition, if you suffered a work injury, make sure you report the accident to your supervisor and seek medical attention as well. It is recommended not to provide insurance companies a written or verbal statement of the incident without having spoken to an injury attorney beforehand. 

Additionally, it is vital to compile the necessary evidence. If you are able to, take photographs of your injuries and the defective product that caused your bodily damage. Furthermore, annotate the brand name of the product that injured you, as well as the date and time of the accident.

If someone witnessed the incident, kindly ask for their contact information. Information like cell phone numbers and email addresses are important assets for your case down the road.

Furthermore, we suggest that you don’t post anything concerning your accident on social media. Insurance firms and the other party may take advantage of your anguish by using these statements against you.

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