Personal injury accidents can happen in the blink of an eye and in the most unprecedented of times. These are events that can cause a great amount of long-term physical, mental, and financial trouble in your life. Especially in these ambiguous times, the aftermath of your accident will cause an immense amount of pressure to quickly resolve all of the consequential legal and medical issues.

These are consequences that will undoubtedly affect you even if the accident was not your fault. In these circumstances, you will need to be prepared to correctly tackle these issues. However, the truth is that you will not be able to do that by yourself. Quite the contrary, you will need the help of top personal injury lawyers in Florida.

Why may you ask? This is because experienced attorneys possess the necessary knowledge and capability that you do not hold to successfully handle the legal process of a personal injury accident.

Throughout this article, you will learn about the common types of personal injury accidents, their legal meanings, and exactly how a legal representative can help you. We urge you to join us because there is nothing more important than your peace of mind while you recover and attain your rightful compensation.

Legal Definition

Personal injury is also called tort law and it defines an instance in which a person’s body, mind, and emotions are deeply affected or compromised due to another party’s negligence or wrongful conduct. After the incident, the affected individual must proceed to file a claim based on their specific type of injury.

Legal Basis of Personal Injury Claims

The victim must understand that they have to prove the at-fault party’s negligence. It is a matter of gathering the necessary evidence in order to compile a credible, factual, and compelling argument. For example, the most important “duty” of a car driver is to uphold the laws of the state while behind the wheel, so that other drivers may be kept safe as well. 

Similarly, a shopkeeper’s primordial obligation is to keep their public area safe and up to code so that all customers and surrounding civilians manage to stay out of harm’s way. One can view this mechanism as a social contract, one of which must be kept to ensure a stable and safe environment in a community or place of business. However, if this legal mechanism is breached, negligence will undoubtedly come into play.

A victim must also prove causation at the time of the incident. Causation is thus defined as the necessity to show that the faulty party’s breach of responsibility not only forced your accident, but also resulted in an injury. Furthermore, the sustained injury must be one that could have easily been avoided if it weren’t for a simple act of recklessness or negligence.

Lastly, a victim of a personal injury accident must prove an instance of harm. To be proven the individual must show a record of tangible damages. These may include medical bills, loss of wages/income, as well as physical or mental pain and suffering. Be advised, however, that the law dictates that monetary compensation is the only form of reparation for these damages. 

Types of Injury Claims

Let’s go ahead and review several instances of personal injury claims. The following cases can range from:

• Product liability – These types of claims in Florida tend to be resolved differently than other injury claims. Product liability claims occur when an individual suffers an injury caused by a defective purchased product. Florida applies rigorous liability principles on product liability. In other words, it automatically establishes a duty on the manufacturer to ensure that their products uphold a general safety code for their consumers. Therefore, if the product ended up not being safe, the affected individual is entitled to pursue a lawsuit.

• Slip and falls – If you have suffered a slip & fall, chances are that you are currently suffering an immense amount of physical and emotional pain. However, the truth is that you will need to seek treatment for those injuries. However, if your accident was caused by someone else’s negligence in a breach of responsibility, you are entitled to pursue a lawsuit. Nonetheless, remember that harm, causation, and recklessness must be proven. 

• Dog Bite Cases– Some states generally assume two approaches when dealing with dog bites, or more severe instances of attacks. The former is usually referred to as “ the one bite rule”. In this case, the owner of the dog may not be found culpable for the first time that their dog bites someone. The latter approach is called “strict liability” meaning that the dog owner is liable for an attack even if it was the first time that the animal behaved in that manner. The State of Florida abides by strict liability just as long as the victim was lawfully on the property. 

• Medical malpractice – This is defined as an instance when a health care professional or institution, through a negligent act, causes an injury to a patient that further complicates their health. That mentioned instance negligence tends to the result of a possible error during diagnosis, treatment, or medical procedure. 

Hire A Lawyer 

The next step to take after analyzing your damages is proceeding to contact a competent attorney. The truth of the matter is that the only way that you will have a chance in attaining your owed compensation is by hiring a lawyer. By seeking legal representation, you will receive the following benefits: 

1. Your attorney will seek to assess your case in terms of how to best compile a strong argument for your situation.
2. Your lawyer will calculate the severity of your injuries alongside the possible negligent circumstances involved.
3. Compile a thorough investigation of the accident scene.
4. Gather and question any possible witnesses.
5. Request documentation of the party at fault.
6. In cases of medical malpractice, your attorney will seek the advice or opinion of other health experts to further strengthen the validity of your case.
7. Your attorney will help you review and fill out specific documents, photos, and videos pertaining to your specific case.
8. Represent you in a trial if need be, and act as your voice when dealing with the insurance companies. 

We now feel that you are definitely more educated on various topics relating to your personal injury accident. Furthermore, we are pleased to inform you that the best way to attain your rightful compensation is by contacting the Offices of Scott J. Senft. Scott and his team are a set of trained legal experts with countless years of experience in the field. They will handle your case with the utmost care, empathy, and effectiveness.

Scott knows firsthand the stress and ambiguity that any sort of personal injury accident can inflict on a person. For that reason, he and his team form part of the top personal injury attorneys in Florida that will fight to protect your rights and grant you the compensation you deserve!

The facts are straightforward, you have arrived here for a simple reason. We know that you are in dire need of concrete answers on the legalities regarding Motor vehicle accidents. Even if you haven’t suffered one, thankfully speaking, it is important to know your way around the details. On the other hand, if you have already suffered an accident of this magnitude, this article is meant for you as well.

The truth of the matter is that motor vehicle accidents can change your life in the blink of an eye. In today’s society, our rapid form of living and our need to make ends meet can cause us to think that these incidents may never happen to us. Without sounding pessimistic, this is the wrong way to approach the situation. We have met with many clients who had thought in that manner and unfortunately because of someone else’s negligence, they are now undergoing severe consequences.

For these reasons, we will inform you of two specific MVA’s: trucking and motorcycle personal injury accidents. Both of these arise with specific legalities that make it extremely difficult to deal with in the aftermath of the accident. As a victim, you are undeniably entitled to an owed set of compensation for your injuries.

However, to attain what is rightfully yours, you will need the help of a motor vehicle accident lawyer in South Florida. With their help, you will be able to successfully navigate through your legal process. We thus urge you to join us throughout this detailed account so that you may learn about the legal standards of these MVA’s and how an attorney can assist you with them.

Motorcycle Accident Legalities

Recent statistics show that the State of Florida leads the nation in motorcycle accidents. On what basis you may ask? Experts back this notion with the argument that many individuals see a motorcycle as a solution to beat the traffic, especially in Florida’s jam-packed avenues and highways.

Another factor that contributes to motorcycle-related deaths is that people are simply not practicing safety protocols when operating the vehicle. The Florida Highway Patrol reports that only one in seven motorcycle drivers actually wear their helmets. This of course, drastically increases the chances of fatalities when accidents occur.

In terms of legal obligations, it is also reported that one out of five drivers in the state does not have proper motorcycle insurance. Therefore, we would like to remind all of our motorcycle drivers that it is important to follow all the mandated safety protocols.

Physical Vulnerabilities: Despite the above-mentioned statistics, there is an enormous truth behind these accidents and that is the factor of motorcycle driver’s vulnerability on the road. Anybody can make mistakes, but the reality is that motorcycle accidents always tend to occur because of someone else’s negligence. Unfortunately, car drivers and other pedestrians fail to uphold a sense of responsibility while being on the road and fail to respect specific traffic laws that are meant to safeguard the lives of motorcycle drivers. 

It is important to keep in mind that these are people who are more at risk in comparison to someone who is driving a car or other enclosed type of vehicle. For that reason, fatalities at the accident scene greatly increase because of the severity of the driver’s wounds. Let’s go ahead and review some of the injuries that motorcycle drivers often endure that aren’t fatal.

• Brain and head trauma,
• Spinal injuries, 
• Fractures of the limbs, 
• Cuts and open wounds, 
• Permanent immobility.

Negligence From the Party At Fault: Now, if your accident was caused by someone else, the incident is automatically categorized as negligence. However, the next step will have to be to prove liability. In order to do this, a competent attorney can help you prove the followings instances – 

• There was a “breach” of owed responsibility from the other party at the time of the accident. 

• The party at fault knowingly disregarded upholding the mandated traffic laws.

• The culprit was under the influence of alcohol or other substances at the time of the crash. 

• The following instances resulted in the impact of the crash, ultimately causing the victim’s injuries.

Legal Counsel: By having a personal injury lawyer at your service, you will gain a significant advantage against the at-fault party. Your attorney will seek to give value to all of your damages. As the value grows, so will the monetary figure of your compensation. 

Now, let’s review the types of damages from a motorcycle accident that qualify as an owed set of compensation –

Financial damages include: 

• Medical expenses due to injuries, 
• Loss of income due to inability to work, 
• Property damage, 
• Prolonged expenses of medical treatment for recovery, 
• Out of pocket costs.

Non-financial damages include: 

• Pain and suffering, 
• Mental torment, 
• Deterioration of personal relationships influenced by the injuries,
• Emotional distress, 
• Inability to enjoy life’s simple pleasures.

These are the unfortunate consequences of your accident that will be used by your lawyer to provide you with the settlement that you deserve. However, keep in mind that is only the lawyer who will be able to achieve that objective because of the vast experience they have in dealing with cases similar to yours. You can focus on your recovery as the attorney does the hard work for you. 

Your attorney will protect you from the “no-fault system” that is established in Florida. This law mandates that motorists are supposed to turn in their own vehicle insurance to receive the coverage they are entitled to.

While applicable to any MVA’s, it truly jeopardizes motorcycle drivers. This is because the same standards of car accident injuries are given to motorcycle accident injuries. It fails to protect motorists because of the injuries of an impact while being on a motorcycle will not be the same type of damage while riding inside a car. 

Having said that, if there is a substantial and valid proof, your attorney will make the case that your injuries are permanent or at least “long-standing.” By doing so, you will receive more benefits and the amount of your settlement will reflect the severity of your damages. Under Floridian statutes, your attorney can prove long-standing injuries under section 627.737(2). 

Furthermore, other advantages of hiring legal expertise include the following:

• No fees until you win: While your attorney takes care of your case, you will not have to worry about paying a cent for their services only if you win it. This will give you the peace of mind and tranquility that you deserve after suffering damages and losses. 

• Conduct a thorough investigation: Your attorney will gather key evidence, assess your damages, question witnesses, and handle the insurance companies for you. All of this evidence will undoubtedly increase your chances of getting a fair settlement. 

• Assist you in signing paperwork and court representation.

We hope that this has been a useful article that has provided you with the steps to take after your motorcycle injury accident. Remember, the only way to get what you are entitled to is by hiring a lawyer. That is why we are proud to present you with the legal services of Scott J. Senft the Lawyer. Scott and his legal team are a set of trained professionals who have mastered the best possible outcome for your own specific case. 

He will make sure that your rights are protected every step of the way, while working to promote a successful case. Furthermore, we speak English, Spanish, Portuguese and Creole because we are a community-driven firm. We understand the needs of the population that we serve. So what are you waiting for? We are truly eager to handle your case so call us now!

Car-related accidents can happen at any given moment, leaving you with physical and financial repercussions. You are most likely here because you have been the victim of a car accident injury. There are several factors that can alter or cause these incidents, though oftentimes, the individual who suffers the worst damages is never the one at fault. 

Statistically speaking, in the United States, there are about six million car accidents a year. Within those accidents, three million suffer mild to severe injuries, while 90 people a year, unfortunately, die from their accidents. Also, 2 million people have to deal with lifeline sustained injuries after their accident. While these figures are pretty worrisome, we are pleased to inform you that if you have been the victim of a car accident-related injury, you do not have to go through your process alone. 

Quite the contrary, we advise that due to forthcoming medical bills and insurance claims that will be involved, that you be legally advised at all times. Stay tuned for a detailed account of the types of car accidents, the legal consequences, and why legal representation is a viable solution. 

Causes of Accidents 

Alcohol consumption is a leading factor in producing car accidents worldwide. Not only can they result in severe injuries, but also in tragic deaths. In the United States, about 40% of car accidents are tied to alcohol abuse behind the wheel. Victims of this type of negligence are forced to endure both emotional and physical trauma, as a result of poor decision making. Oftentimes, the inebriated individual ends up without a single scratch, while the victims’ lives are completely turned upside down with pain and suffering. 

When you act as a careful driver and are simply trying to get from point A to point B, an irresponsible individual who speeds right past you is an accident waiting to happen. Speeding causes 30% of all automobile-related accidents. It is an unfortunate practice that entails a lack of empathy and compassion for other fellow drivers. A person who speeds above the legal limit puts everybody else’s lives at instant risk. The issue at hand with speeding incidents is that the person at fault will try to leave the scene since they are already going at an outrageous speed. The task to acquire the compensation you deserve, alongside dealing with the insurance companies will become much tougher. You cannot act alone when filing your legal claim if this occurs.

Similar to speeding, reckless driving also causes great distress when driving on the road. It accounts for 33% percent of car accidents in the country. Things like texting and driving, falling asleep on the wheel, or emotional driving can lead to terrible consequences. Depending on these circumstances, your claim may be easier or more difficult to prove. Do not under any circumstances believe that you will have the ability to resolve the legal implications of your accident by yourself. 

Legal Expertise

Under these circumstances, an attorney will protect your rights by protecting you from the other insurance companies’ legal representation. They will bombard you with irrelevant information and threats that seek to overwhelm you so that your claim settlement can be less than it is supposed to. They will speak for you and deduce only the relevant information in your case. The less stress you have, the more time you have to focus on recuperating from any injuries. 

A lawyer will strengthen your claim by utilizing their vast resources within the legal field. When analyzing your case, they will manage to create their own investigation based on the facts that occurred in the accident scene. Your attorney will compile evidence and gather key witnesses to strengthen the narrative of your damages. By doing so, you will receive the compensation you deserve. 

Determining the value of your claim is a task that only a competent attorney can prove for you. It is highly unlikely that you will be able to receive an accurate settlement without your attorney completing the necessary steps: 

• Determining the current Florida statute of limitations.
• Case law procedures. 
• Handling conversations with the insurance company. 
• Calculating the monetary value for your damages, as well as non-economic consequences from your accident. 

Legal representation at trial is an event that might occur if your claim goes to court. You cannot afford to enter a hearing without legal representation. If that’s the case, there is a very slim chance that you will win your settlement. Do not let this happen to you, a lost settlement will be more costly than anything else.  

We trust that after reading this article, you will opt to make the right decision that will guarantee the full protection of your rights. By hiring a car accident injury attorney your damages will not be in vain. We are pleased to inform you that the Office of Scott J. Senft The Lawyer, has experienced trained professionals who will valiantly fight for your rights. They will make sure that you receive the compensation you deserve due to someone else’s negligence in a car accident. With two locations in South Florida, one in Dania Beach and Boca Raton, they are eagerly waiting for your call. Don’t wait another minute. Contact Scott J. Senft as soon as possible!