You may be here because you have recently been the victim of a personal injury accident. These are events that create trauma for those who suffer due to someone else’s negligence or lack of responsibility. The reason we mention that is because the majority of these incidents are caused by another individual’s poor decision-making. Whether your injuries are due to pedestrian accidents, medical malpractice, or other accidents, the truth is that you are entitled to a rightful compensation. 

Please know that the only way that you can attain a fair settlement is to work with a competent Dania Beach accident attorney. By doing so, you will have advantages that will lessen the financial, physical, and emotional burden throughout the process. For that reason, we urge you to join us throughout this detailed account. You shall learn about the necessary steps to take after being injured, and why it is necessary to work with a law firm serving in Dania Beach

Types of Cases

Pedestrian accidents

According to the National Highway Traffic Safety Association (NHTSA), about 5,000 pedestrians die a year due to motor vehicle accidents. Since 2012, about 50,000 American pedestrians suffer severe injuries perpetuated by cars, motorcycles, or trucks per year. However, there are other hazards such as sidewalk defects, and poor road maintenance, which can trigger severe injuries.

When it comes to regular pedestrian – motor vehicle accidents, the person at fault is always the individual who is behind the wheel. This becomes a deciding factor, especially when the pedestrian respected all of the road rules at the time of the accident. By that we mean that the pedestrian was abiding the following guidelines:

  • Walk on the sidewalk,
  • Cross at the crosswalk during a red light,
  • Carefully stop and look both ways before crossing the street, 
  • Wear bright clothing when walking in evening hours or early in the morning, 
  • Watch for vehicles turning out of driveways when you are walking near private homes. 

Proving Fault

If the pedestrian acts accordingly but they still end up injured by a vehicle, the driver automatically becomes the prime responsible party. More specifically, the driver broke an oath of responsibility to those on the road by not following driving regulations. According to the CDC, the following causes lead to fatal crashes and pedestrian injuries:

  • Reckless driving,
  • Speeding,
  • Driving under the influence of alcohol or any other dangerous substance,
  • Failing to accurately turn when signaling which can confuse pedestrians and thus cause a preventable accident, 
  • Failure to drive safely in dangerous driving conditions impacted by the weather.

The above-mentioned conditions will have to be proven in order to build a strong personal injury case.

Medical malpractice:

This one is defined as a medical professional’s failure to perform a medical procedure or prescribe a specific treatment correctly. In this case, these professionals violate a standard of medical care and “duty of care to their patients”. Failing to uphold the mandated standard of care is a severe offense. This is because all medical professionals take an oath to uphold a general code of ethics.

Types of claims within malpractice:

  • Misdiagnosis or delay of diagnosing a medical condition, 
  • Medication prescription errors,
  • Surgical mistakes,
  • Use of defective medical equipment resulting in illness, infection, or injury,
  • Labor and delivery errors.

Proving fault through negligence:

It’s pretty straightforward in the sense that the medical decision made by the healthcare professional must result in injuries to the patient. Therefore, medical negligence officially becomes malpractice when it results in new injuries that worsen an already present medical complication.

Seeking Legal Help

Let’s go ahead and review how a competent attorney can help you navigate throughout your legal processes.

  • When dealing with pedestrian personal injuries a competent attorney will help you use your Personal Injury Protection insurance claim (PIP), if you have one. This will help you save time and stress so that you can receive compensation as soon as possible. If you don’t have a PIP, legal representation will be ever more necessary because you will have to pursue a formal lawsuit. If so, an attorney will be the only person with the necessary experience to guide you through your legal battle.
  • An attorney will help you prepare a compelling case for both types of accidents. In terms of pedestrian injuries, they will conduct a thorough investigation of the causes leading to the accident. Meaning that they will gather the necessary evidence that portrays your injuries, proves the driver’s negligence, and will find any witness accounts that can corroborate.
  • When it comes to medical malpractice, your attorney may use their connections with other medical professionals to attain their expert opinions. This will prove that the offending medical professional failed to perform the specific procedure properly compared to other professionals. The lawyer will ask for declarations of eyewitnesses, including nurses and other professionals, that were present at the time of the procedure. More evidence includes medical bills, prescribed treatment, and physical injuries.
  • Your attorney will have the necessary capability to negotiate with the insurance companies if necessary. On both types of claims, the responsible party’s representatives will do everything possible to undermine your claims. That is why you will need an attorney to do the talking for you.
  • No fees until you win is a crucial advantage throughout your venture in seeking compensation. In personal injury law, you will not be charged for legal fees throughout your case. Instead, any fees will be applicable only if you win your case and receive a proper settlement. This will allow you to be stress-free while you focus on your recovery. 
  • Your attorney will add value to your claim by getting medical proof of your injuries. This is why it is important that you seek medical attention; so that it is written on a paper by medical professionals. From that proof, your attorney will then monetize your damages. These include pain and suffering, medical bills, recovery treatment, and loss of income due to inability.

We are confident that with the information provided, you shall seek legal advice for your personal injury case. And we are pleased to say that Scott J. Senft is the best Dania Beach accident attorney to handle your case.

Scott and his team will fight tirelessly to protect your rights, and ensure that you receive the best compensation possible. Scott understands your pain and suffering and will do everything possible to always uphold your interests. Stop waiting and call him now for a free consultation!

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