Weston Personal Injury Lawyer- MLA

Martin, Lister & Alvarez, PLC is a Weston personal injury law firm specializing in wrongful death & medical malpractice, call us @ 1-866-418-6222.

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Weston Car Accident Lawyer How to Value a Totaled Car

If you have been in a car accident in Weston and your vehicle suffered severe damage, you may need the services of a Weston car accident lawyer like the professionals at Martin, Lister & Alvarez. For most people, their car represents a major investment and if an insurance company wants to “total your car” they may use tactics to give you less than you are due.

In most states, the law specifies how an insurance company has to calculate claims for totaled vehicles. In North Carolina for example, the cost of repairing the vehicle must exceed 75% of the retail value of your car before they declare it totaled. In Florida, the method of determining a “totaled” loss is determined by the terms of the policy. There are no specific laws about how a car is deemed totaled.

However, your replacement (or repair) claim check must be based on the price of two like-model cars for sale in your area (in the last 90 days). In addition, the blue book value and the estimated retail price from a minimum of two car dealers in your area has to be considered.

At the end of the day, it’s the adjuster who makes the call. Did he offer a fair deal? How would you know for certain if he did?

How to Value Your Car When it has Been Totaled in an Accident

Actually, there are a number of resources available to you that can offer reasonable estimates on what your car was worth before it was totaled. Kelly Blue Book (KBB.com) and Edmunds (Edmunds.com) can both provide values based on your local market. As detailed as these sites are, they may still not reflect the value of your car.

For example, if you recently bought a set of new tires, or a new radiator, or had an upgraded audio system installed, these are items that typically will not be reflected in a database, yours or the adjuster’s. Gather receipts for all these improvements and use them to negotiate a bigger check! In Florida, your replacement or repair check has to include the cost of sales tax as well.

Generally speaking, the insurance company has the upper hand. They know you need transportation and if you disagree with the amount they are willing to pay they can just drag the process out until you agree by necessity.

If you reach this point, you may want to engage a personal injury attorney who specializes in auto accidents to handle the negotiations for you. This is particularly true if you were injured in the accident. In the bigger scheme of things, auto claims are small potatoes for insurance companies and they do not want to have to use legal resources to settle a “totaled” claim.

There is another option as well and that’s having the car repaired and then filing a diminished value claim. An experienced Weston car accident lawyer can help you decide if that’s a right strategy for you.

If you have questions, please do not hesitate to contact the friendly staff at Martin, Lister & Alverez today.

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Weston Lawyer Explains How Wrongful Death Cases Work

The loss of a loved one is always devastating, but if you believe the death was caused by another you definitely want to seek out a qualified Weston wrongful death lawyer. The rules regarding wrongful death lawsuits in Florida are stacked in favor of the insurance companies (defendants). To be successful in a wrongful death lawsuit you will need Weston attorneys like Martin, Lister & Alvarez who know how to navigate the many gray areas of wrongful death law.

Think about it for a moment. Has there ever been a time in your life when you were more hurt, angry, afraid and uncertain than now? What you need right now is an emotional lifeline to ensure you and your family don't forfeit your rights under the law. Your first step should be to contact a law firm with proven experience in the wrongful death field and have them review your case. Having professionals plot out a plan of action will go a long way in bringing a sense of organization and normalcy back into your life.

Consider this:

Do     you have a case? On the surface     this sounds like a pretty cut a dried issue but often times it is not. In     Florida a wrongful death has to be one caused by a wrongful act,     negligence, default, or breach of contract or warranty. The next question     is whom do you sue and this can get complicated. Lastly there is a     question of your eligibility to sue based on your relationship with the     decedent.

Who     can sue? Essentially     there are two types of lawsuits that can be brought. The "personal     representative" of the estate can sue on behalf of the estate. If the     suit is successful the award is divided among the beneficiaries of the     estate. Immediate family, and that can be a tricky definition; can sue as     survivors if they were at least partially supported by the decedent. The     difference between the two types of lawsuits is significant. Survivors can     sue for more types of losses and typically result in much larger overall     awards.

How     much time has passed?     Yes there is a statute of limitations but the bigger issue is the ability     to investigate the case. The longer it takes before your Weston attorneys     start an investigation the more difficult it is to gather evidence.     Witnesses move or their memory becomes blurry, files get lost or take     longer to recover and of course the physical scene will have changed. The     sooner you take action the better.

Wrongful death is difficult to deal with but you can't delay addressing it without risking your rights. If you have questions, and we are sure you do, we encourage you to submit your case to Martin, Lister & Alvarez today.

  This post was originally published here:

http://www.lawmla.com/weston-wrongful-death-lawyer-cases/

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Fort Lauderdale Lawyer Explains the Grounds for Brain and Spinal Cord Injury Cases

Without question, brain and spinal cord injuries are some of the most devastating events that can affect an individual and his or her family. On average first year medical costs run $1,000,000 and subsequent years can cost upwards to $200,000. They are financial disasters and they wreak havoc emotionally.

If the cause of the injury can be attributed to a responsible party, you may be able to file a lawsuit to recover some or all of your injury related expenses and other costs.

The most common causes of brain and spinal cord injuries arise from:

·       Automobile accidents (over 30% of all spinal cord injuries)

·       Slip and falls

·       Unintentional blunt force trauma

·       Gunshot wounds

·       Assaults

·       Sports related accidents

If negligence can be demonstrated to be the cause of your injury, there is an excellent opportunity to sue for damages. Determining the existence of negligence is an area that the experienced lawyers at Martin, Lister & Alvarez can assist you with. A case review by the law firm can provide you with your best options for moving forward.

Types of Damages Involved in Spinal Cord Injury Claims

The experts at Martin, Lister & Alvarez have a proven track record of success with settlements and verdicts for their clients. Potential claims in brain/spinal cord cases include:

·       Medical Expenses. Damages for medical expenses are not limited to costs already paid but take into consideration of future costs for treatment, therapy and pharmaceutical costs.

·       Lost Wages. Like medical expenses, earnings you have lost are not limited to those before the lawsuit but for those earnings you will lose going forward because you are unable to perform your job. There are many ways to address this issue and an experiences attorney is crucial in an effective claim.

·       In-home Care and Renovations. Your home may have to undergo renovation to accommodate the physical limitations caused by the injury. In addition, it is not uncommon to need in-homecare as well as housekeeping services. These expenses can be claimed as damages.

·       Pain and Suffering. This is often confused as only physical pain. With these types of injuries there can be severe emotional pain in the form of depression, humiliation and anxiety. The "value" of this pain fluctuates greatly which is another reason to have an expert in the field representing you.

If you have a spinal cord or traumatic brain injury and you want to know the best way to proceed, feel free to sign up for our complimentary case evaluation. You'll find that our team of spinal cord injury lawyers is sympathetic and straight shooting. You are undoubtedly in a bad place right now and we want to help you get back on track with your life.

  This post originally appeared here: http://www.lawmla.com/fort_lauderdale_brain_spinal_cord_injury_lawyer/

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Naples Car Accident Lawyer Explains What To Do After an Accident

What To Do After a Car Accident? Naples Area Personal Injury Lawyer Explains

If you’re involved in a car accident in the Naples area where you or a passenger may have suffered an injury, there are a number of steps you should take as soon possible to be sure you don't forfeit your rights under the law. The clock is ticking on the time you have to receive compensation for your injuries. Florida is one of the few states in the country that has no fault insurance. That sounds good on paper but doesn't always work out that well if you’ve been injured. It often turns out to be a gift to the insurance companies.

In theory, with no fault insurance you don't seek damages from the liable party, instead your insurance pays for your property loss and medical expenses. The problem with Personal Injury Protection(PIP) as it is called is that it is limited to actual medical expense and lost wages. There is no provision for ongoing expenses or pain and suffering. Also, the maximum amount paid out is usually $10,000. The PIP will pay 80% of your medical expenses and 60% of any lost wages up to the limit of the policy. Half of Floridians have only $10,000, which is woefully inadequate if you’ve suffered a serious injury.

What To Do After a Car Accident

Car accidents in Naples that result in personal injury can typically be classified into two categories; those you walk away from and those you leave in an ambulance. Even if you’ve been in a minor accident, see your doctor anyway, particularly if you hit your head. Some serious injuries will not show symptoms right away.

The steps you take after an accident will affect your ability to collect on PIP or file a personal injury lawsuit. Here are some key steps to take:

Take pictures or video of the cars involved and the other drivers/passengers with your cell phone.

Gather the contact information from witnesses.

Always seek medical attention. Concussions may not be immediately obvious and traumatic brain injury (TBI) may not show up for a week or longer. Get medical attention so you don't miss out on the 14-day deadline.

Call 911 for medical assistance immediately after the accident.

Don't rely on the police report to be complete and/or entirely accurate.

If you are hurt consult with an experienced personal injury attorney right away and find out what steps are available to you.

Making a claim against an insurance company can be a difficult, stressful and confusing experience. You need an expert personal injury lawyer that has your back. If you have any questions about your rights, contact the professionals at Martin, Lister & Alvarez today, the Naples's area premier personal injury law firm, for a free case evaluation.

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Davie Medical Malpractice Lawyer Explains When You Have a Case

Davie Medical Malpractice Lawyer Explains How to Know When You Have a Case?

If you think you have been the victim of medical malpractice and you are looking for malpractice lawyer in Davie you'll want to take a few moments to review the comments of Tamatha S. Alvarez, a leading medical malpractice attorney in Broward County.

First, medical malpractice is a serious problem in our American health delivery system. Shockingly, according to the American Medical Association medical malpractice is a leading cause of death behind heart disease and cancer.

Medical malpractice is real, it can be very expensive to prove, and above all else… it is confusing and the rules are in a seemingly constant state of flux.

First Things First – Do You Have a Medical Malpractice Case

It's important to remember that just being dissatisfied with the end result of a procedure or therapy doesn't constitute malpractice. If that facelift doesn't make you look 10 years younger in your opinion or that weight loss therapy has not dropped the pounds you expected does not mean you have a malpractice claim.

In order to press a malpractice suit you have to prove that you have actual injuries or damages and that they were caused as the result of a medical professional who  failed to competently perform his or her duties based upon a professional standard of care. That "care" includes making errors while treating a patient as well as failing to take proper medical action.

Now that you have determined that you have an injury or damages as a result of medical malpractice, you get an opportunity to face the many challenges that plaintiffs and their malpractice lawyers face.

For example, did the malpractice occur over 2 years ago but you are just discovering it today? If it did it may be too late to sue. The statute of limitation for most liability cases is 4 years but in Florida it is 2 for malpractice cases.

Who to sue and for how much is also a decision that has to be made as the state has different liability caps for different entities (doctor, clinic, hospital etc.). The state also imposes limits on what a plaintiff's attorney can recover from a settlement or verdict. There are no limits on what a defendant's attorney can charge their client for a defense.

The Florida judicial system is stacked against the plaintiff in a medical malpractice case making your selection of malpractice attorney exceptionally important.

If you want an experienced, sympathetic firm to give you an honest assessment of your Davie medical malpractice lawsuit, submit the details to us at Martin, Lister & Alvarez for a complimentary case evaluation. Get the guidance you need, submit your case today.

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When You Have a Case Naples Top Wrongful Death Lawyer Explains

How to Know When You Have a Case Naples Top Wrongful Death Lawyer Explains

Losing a loved one is always painful but if your loss was caused by the negligence of others your stress level soars and you need to seek out an experienced Naples wrongful death attorney. The wrongful death law in Florida can be tricky and you are going to want a Naples attorney who has proven experience in not only wrongful death laws but probate law as well.

In Florida the definition of wrongful death is one caused by “wrongful act, negligence, default, or breach of contract or warranty.” In short, if there is a death from other than natural causes there may be grounds for a wrongful death lawsuit.

There are three elements that must be present to pursue a wrongful death lawsuit:

We have already mentioned there has to be a wrongful act, negligence, default, or breach of contract or warranty

The conduct upon which the lawsuit is based must have caused the death of the decedent. This is where it can get murky if the deceased doesn't die immediately after the event. If a motorist hits a cyclist and breaks the cyclist's hip, and then 4 weeks later the cyclist's new hip gives way and he strikes his head and dies, who do you sue; the doctor or the motorist who caused the replacement of the hip?

The conduct that is the basis of the lawsuit would have entitled the person injured to file a lawsuit and recover damages if they had not died.

If You Have a Case Can You Sue?

The first thing you need to establish is if you have a case at all. We know that it sounds pretty simple but there have been so many different judicial rulings that establish precedents that there is no way someone not a lawyer to make a reasonable determination. You need to consult a Naples lawyer like Martin, Lister & Alvarez to sort out the facts and develop a strategy to go forward.

In Florida there are two classes that can file a wrongful death lawsuit. The first is a suit filed on behalf of the deceased's estate by its personal representative and if successful is divided among the beneficiaries of the estate. However, these lawsuits limit what can be sued for and typically have a much lower financial award than the second class of plaintiff.

The personal representative can also sue on behalf of the survivors, survivors being defined as spouses, parents of a minor child, the decedent's children and other blood relatives who were at least partially dependent on the decedent. The types of damages allowed in a survivor's lawsuit can result in higher awards.

It's complicated. If you need some direction or clarification feel free to submit your case to our legal team for a complimentary case review today.

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Sunrise Lawyer Answers 5 FAQs About Wrongful Death Cases

Sunrise Lawyer Answers 5 FAQs About Wrongful Death Cases

If you have lost a loved one due to the negligence of others you will undoubtedly want to consult with a Sunrise wrongful death lawyer to determine what your rights are. In reviewing Sunrise attorneys make sure you select a firm that specializes in wrongful death. Thanks to the Florida medical community and the Florida insurance lobby, the state's law regarding wrongful death strongly favors insurance companies rather than the persons injured. You'll want an expert who knows how to navigate the gray areas and who can pursue a fair and just settlement or verdict.

To demonstrate how murky this law can be we are providing 5 quick frequently asked questions.

Q: Who can file a wrongful death lawsuit in Sunrise?

A: Generally speaking there are two categories of claimants, a suit filed by the "personal representative" of the decedent representing the estate and a suit filed by the personal representative on behalf of the "survivors" of the decedent. The second category allows for higher financial awards than the first.

Q: Who can be claimed as a "survivor" of the decedent?

A: "Survivors" may also be beneficiaries of the estate but as a survivor they are entitled to recover different types of damages, which financially can amount significantly more than a beneficiary is allowed. Survivors include the decedent's spouse, children (minors under 25 are eligible for larger damages than adult children), parents of the decedent, and blood relatives providing they are at least partially dependent on the deceased for support.

Q: What limitations are there on the decedent's children right to damages?

A: All children are eligible to receive damages but some children are eligible to receive more than others. If the decedent has a spouse children over the age of 25 may not be able to sue for "lost parental companionship, instruction and guidance, as well as mental pain and suffering" which typically result in larger awards. However, if there is no spouse the adult children are free to pursue damages unless the death was caused by medical negligence. In other words medical malpractice is excluded.

Q: What damages can parents pursue?

A: Parents may not recover for pain and suffering if the deceased child was over the age of 25 when he died, unless there were no other survivors and the death was not caused by medical negligence. In other words if the child was married or had children the parents are excluded. For minor children the parents can sue for the value of lost support and services, future support and services, medical and funeral expenses and mental pain and suffering.

Q: Are there other rules regarding survivors?

A: The short answer is yes, there are a ton of other conditions that apply to legal relationships. This would include common law marriages, children born out of wedlock, step-children and step parents, biological fathers and much more. It's complicated.

Confused? If you are and you have a wrongful death case we encourage you to contact the Sunrise wrongful death attorneys with a proven record of success today. Submit your details for a case review or give us a call.

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Pembroke Pines Medical Malpractice Lawyer Answers 5 FAQs

5 Medical Malpractice FAQS Answered By Pembroke Pines Top Lawyer 

If you believe that you have been injured as a result of a health care professional's negligence and you are considering filing a medical malpractice lawsuit, you most definitely will want to consult with an experienced and qualified lawyer in Pembroke Pines. Medical malpractice is a specialty practice that requires an attorney to possess a significant amount of medical knowledge and stay current on the latest rulings. Not every personal injury law firm in Pembroke Pines is qualified to handle medical malpractice cases.

So now we know you need a specialist to represent you. The next question is do you have a case?

In Florida that means:

A physician or other medical professional made an error while treating you

You were harmed by that error

That seems pretty simple but it isn't. Because policy limits on malpractice insurance tend to be high, insurance companies will throw everything they have at getting the suit dismissed before they attack the merits of the case. You can expect a medical malpractice lawsuit to take a long time to resolve.

Top 5 FAQs We Receive About Medical Malpractice

Pursuing a medical malpractice case can be confusing. We thought it would be helpful to provide the answers to the most common questions on medical malpractice that we get from our clients:

Q: Can you sue someone other than a doctor for malpractice?

A: Absolutely. Anyone or any entity that provides health care is exposed to a medical malpractice suit. This would include anesthesiologists, nurses, physical therapists, radiologists, hospitals, clinics and others.

Q: What is medical negligence?

 A: If you are injured as a result of an act or omission like a misdiagnosis or the wrong treatment, then you have to prove that error was the result of a breach of generally accepted method used by medical professionals under similar circumstances. This is where expert witnesses and the results of recent decisions become exceptionally important.

Q:  Do Malpractice Cases Usually Go To Court?

A: Malpractice cases rarely settle. They are big ticket exposures for insurance companies and they will spare no expense to drag out the process. If a case is particularly strong the insurance company may settle rather than risk a jury verdict, otherwise they will drive up expenses for the plaintiff and take the case to trial.

Q: Is There an Average Amount that Malpractice Suits Settle For?

A: The short answer is no. Cases are based on the severity of the injury and the strength of the case. While Martin, Lister & Alvarez will take a case to the mat we do not force clients to go to court. If they want to take a settlement offer that we believe is under a fair amount we will advise against it but obviously the decision belongs to the client.

Q: How much does it cost to pursue a medical malpractice case?

A: Most attorneys, including us, will take the case on contingency meaning the client pays nothing until the case is settled or a favorable verdict is rendered. Malpractice lawsuits are significantly more expensive to pursue than other types of personal injury cases. That's why attorneys will carefully review the case before agreeing to representation.

We hope this FAQ helps you. If you believe you have a case we invite you to submit our case review form today. We will be back to you promptly!

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Do I Have a Medical Malpractice Case? Plantation Lawyer Explains

Planation Lawyer Explains How to Know if You Have a Medical Malpractice Case?

Most people believe that a medical malpractice lawsuit stems from a physician making an error while treating you but there's a lot more to it. The important factors are demonstrating that:

A physician or other medical professional made an error while treating you

You were harmed by that error

What Exactly is Medical Malpractice?

Medical malpractice is when a medical professional does something or neglects to do something that results in injury or physical harm to the patient. Their failure to act or "omission" is referred to as "medical negligence."

What is Medical Negligence?

The mistake or omission can occur at any point while you’re under a medical professionals care. It may involve a mistake in diagnosis, or improper treatment. To prove negligence you’ll need to establish what the generally accepted method used by medical professionals is under similar circumstances. The standard can take into account things like the patient's age, their medical condition and where they live. If you can prove your physician "breached" the standard of care, you can begin to make your case for medical malpractice.

What constitutes injury or damage?

Once you've established your physician has made a mistake in diagnosis or treatment you’ll then have to prove that you’ve been injured or harmed. Examples of harm can include things like; removing the wrong organ, brain damage or even death. With out showing you’ve been harmed, there's no case.

You then have to tie the negligence to the injury to establish "causation." This is often the most difficult and costly part of any medical malpractice case. You'll generally need at least one expert witness, usually another doctor. The expert witness can help to make the case that the standard of care was breached and that negligence caused your injury.

Verdicts, Settlements & Legal Fees

Medical malpractice cases can be costly and you will need to be prepared for the defense to fight back. But don’t be dissuaded, medical malpractice cases are usually done on a contingency basis where your attorney only gets paid if you win or settle. If you win  your case you may be rewarded "damages" for medical bills, lost wages as well as pain and suffering.

If you have questions or would like a complimentary case review, please contact Martin, Lister & Alvarez at 1-954-659-9322

This blog was originally posted here: http://www.lawmla.com/blog/

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Wrongful Death Lawsuits in Plantation FL | Attorney

What You Need to Know About Wrongful Death Lawsuits—Planation Lawyer Explains

If you suffered the loss of a loved one as the result of the negligence of another, you and your loved one's estate will want to engage the services of a Plantation wrongful death lawyer. Death is never easy on survivors but it becomes even more difficult if it is the result of somebody else's actions.

If you are fortunate enough to be the beneficiary of the decedent's life insurance policy, then your short-term concerns may be satisfied and the thought of a wrongful death lawsuit is probably low on your list of priorities. However, if the death was caused by a clear case of negligence then you will most likely be contacted by the liable party's insurance company and that quite frankly, is when you will need an experienced wrongful death attorney the most.

Always keep in mind that the goal of the insurance company is not to arrive at a fair and just settlement but rather to settle for as little as possible. Insurance companies will attempt to take advantage of your emotional state. You can avoid the pressure applied by the insurance company by having a Plantation wrongful death lawyer represent you and look after your best interests.

When Can You Sue for Wrongful Death in Florida?

Florida law says that when a person's death "is caused by the wrongful act, negligence, default, or breach of contract" of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida's courts, seeking a legal remedy for that death and the losses stemming from it.

The lawsuit will be filed by the estate's personal representative on behalf of the estate and any surviving family members.

While there may be a criminal case brought by the state to determine criminal negligence, a wrongful death lawsuit is strictly about awarding monetary damages and is a separate suit. Damages are divided between those that surviving family members can receive and those that can be awarded to the estate:

Family Members

The value of support and services the deceased person had provided to the surviving family member. This can include services such as childcare, housekeeping etc.

Loss of companionship, guidance, and protection provided by the deceased person

Mental and emotional pain and suffering if the decedent was a child

Medical and/or funeral expenses any surviving family member has paid for the deceased

Estate Damages

Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived

Lost "prospective net accumulations" of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived

Medical and funeral expenses that were paid by the estate directly.

You can understand why insurance companies do not want to litigate wrongful death claims. The fear of jury awards is a powerful motivation to try to get the suit dismissed on the basis that the plaintiff couldn’t prove a wrongful act, negligence, default, or breach of contract. Constructing compelling arguments that prove these elements is where the wrongful death attorney earns her or his fee.

If you live in Plantation, don't go through this experience alone. If you have questions or would like a complimentary case review, please contact us at Martin, Lister & Alvarez.

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Automobile Accident Attorney in Fort Lauderdale Tips

Automobile Accident Attorneys in Fort Lauderdale— Choosing the Right One for Your Case

If you have been injured in a car accident in Fort Lauderdale odds are you will be searching for automobile accidents attorneys to help you out with Florida's no fault insurance.

No fault insurance, where your own insurance company pays for your medical expense and lost wages, was supposed to speed up claims and lower auto premiums. No fault prevents you from suing the negligent party in court which of course significantly reduces the insurance companies' legal expenses and exposure to jury verdicts.

This savings in expense was supposed to be passed on to the consumer however; according to insure.com Florida has the 5th highest average auto insurance premium in the country. As it turns out, no fault insurance is a windfall for the insurance companies while denying the consumer from fair compensation from the liable party like they would be entitled to in any other type of liability claim.

Why You May Need a Fort Lauderdale Automobile Accident Attorney

Your Florida no fault policy comes with Personal Injury Protection coverage. This coverage is supposed to pay 80% of your actual medical costs and 60% of your actual lost wages up to the limit of the policy. The minimum that you can purchase is $10,000, which you could burn up before you leave the emergency room. Obviously you need coverage that is appropriate for your risk and your agent will be happy to assist you in determining what that is. But…

What happens when you've got adequate PIP and you are in an accident and the insurance company denies some of your medical costs as not necessary? If a significant portion of your income is based on commissions, don't be surprised if the insurance company only wants to pay 60% of your base wage.

This is when you want to talk to a Fort Lauderdale attorney who understands and has the experience in negotiating with insurance companies.

When You Absolutely Need a Fort Lauderdale Automobile Accident Attorney

There are exceptions to the no fault rules if you have suffered:

Permanent disability

Significant scarring or disfigurement

Loss of use of a body organ (kidney, digestive tract etc.)

Suffered death

These are life-changing events and the law allows you to pursue the negligent party in court. That's when you absolutely need to have a Fort Lauderdale attorney representing you.

When you select an automobile accident attorney make certain that this specialty is part of their practice and that they can demonstrate a successful history of obtaining fair and just settlements and verdicts.

If you find yourself in this position contact us at Martin, Lister & Alvarez for a complimentary case review. Time is of the essence in these cases so don't delay. Contact us today!

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Sunrise Personal Injury Lawyer Explains What To Do After an Accident

Sunrise Personal Injury Lawyer Explains What To Do After an Accident

If you have been involved in a car accident in Sunrise and suffered personal injury, the clock is ticking on the time you have left to receive compensation for your injuries.  Florida is one of the few states in the country that has "no fault insurance." In theory it sounds like a simple idea but in practice it is a gift to the insurance companies.

No fault insurance essentially says that your own insurance company will pay for your injuries despite who was at fault in the crash. In order to get your car registered in Florida you have to purchase an automobile policy with at least the minimum coverage for property damage liability (PDL) and Personal Injury Protection (PIP). The minimum coverage for PIP is $10,000. You could burn up $10,000 before you got out of the ER.

The PIP will pay 80% of your medical expenses and 60% of your lost wages (if any) up to the limit of the policy. It's easy to see that $10,000, which unfortunately is the amount that 50% of Floridians have, is woefully inadequate particularly if you suffer a serious injury.

What To Do After a Car Accident Involving Personal Injury

Car accidents in Sunrise that result in personal injury can typically be classified into two groups; those you walk away from and those you are driven (in an ambulance) away from. If you are involved in what you consider a minor accident, go see your doctor anyway, particularly if you bumped your head. Often serious injuries will not manifest serious symptoms right away.

Given that there is a time limit to notify your insurance of a PIP claim, you want to get a doctor's evaluation as soon after the accident as possible.

If you have been seriously injured with broken bones, paralysis, loss of use of an organ, major disfigurement or a permanent disability of any kind, then you need to see a car accident attorney. The law allows for an injured party to seek damages from the person or company that caused the accident if those injuries are severe.

Pursuing a claim against an insurance company can be a scary and confusing experience unless you have an expert personal injury lawyer watching your back. If that's where you find yourself now, or if you have any questions about your rights, contact the professionals at Martin, Lister & Alvarez, Sunrise's premier law firm, today.

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Injured in a motorcycle accident in Ft. Lauderdale? Here’s What You Should Do

According to the University of South Florida, the median hospital cost for a motorcycle injury is nearly $57,000 and less than half of those cases are covered by commercial insurance. In fact the only reason that there were any cases covered by insurance is because the riders had health and hospitalization policies from work or from a private plan.

In Florida there is no requirement for motorcyclists to carry Personal Injury Protection. In fact there is no requirement to carry any kind of insurance on a vehicle with fewer than four wheels. Too many bikers think the PIP on their auto insurance will cover them while they are driving their motorcycle. It doesn't. You are on the hook for the costs and your only recourse is to get payment from the other party (assuming they were at least 51% at fault).

You are about to enter an uphill fight and you are going to need professional help to level the playing field.

What To Do If Injured in a Motorcycle Accident in Fort Lauderdale

The extent of injuries will determine what the motorcyclist can do immediately after the accident. If physically able you should:

Don't provide details to anyone except the police.

Get medical attention.

Select a qualified Fort Lauderdale personal injury lawyer with a proven track record. Engaging an attorney as soon after the accident has two benefits. It takes you out of the process personally as your attorney will speak to the insurance company. It also lets the attorney to jump on the investigation while it is fresh and evidence is easier to collect.

Call or have someone call 911 and request EMT and police. Do not "walk away" from this accident even if you don't feel hurt. Shock covers a lot of pain. You need an immediate exam.

Get the name and insurance information from the other party.

If your cell phone survived get pictures of the scene.

Get cell phone numbers from witnesses.

If you or a loved one has been involved in a motorcycle/auto accident and you are struggling with what to do next, give us a call today at Martin, Lister & Alvarez for a free case review.

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Injured in an accident in Ft. Lauderdale? Here’s what to do

Injured in an accident in Ft. Lauderdale? Here’s what to do

Based on the years of experience that I and my colleagues at Martin, Lister & Alvarez have dealing with clients who have, or think they have, the makings for a personal injury lawsuit there are a number of things that you can do immediately after the accident that can be very helpful for your attorney.

Like all states, Florida has its own set of laws that address a person's right to seek compensation when they are injured as the result of the negligence of another. However, in recent years those laws have tended to favor the defendant (read insurance company) over the plaintiff making successfully pursuing a case like a slip and fall more difficult.

However, if you know what to do immediately after an accident you can provide your personal injury lawyer the information that she or he can use to put together a solid argument.

What to do if You are Injured in an Accident

Let's start with the exception and that's injuries caused by an auto accident. Florida is one of a handful of states that has no-fault auto insurance. Basically this means that you have to file a claim with your own insurance carrier to recover your medical expenses and lost wages. Negligence doesn't play a role in these cases unless:

You lose a bodily function

You or a passenger is killed

You are permanently disabled

You suffer extreme scarring or disfigurement

When those conditions exist you can pursue a personal liability suit. Otherwise you have to make a claim with your insurance company and you have to seek medical attention within 14 days of the accident or you could be denied coverage.

The key here is to get checked by a medical provider immediately even if you feel ok. Protect what little benefit that you have under your PIP car insurance coverage.

For all injuries, including automobile accidents, you should try to follow these suggestions:

If you are in a store, report the accident to a responsible supervisor. Do not admit any fault. Obtain the name and position of the person you reported the incident to.

Obtain the cell numbers of any witnesses.

If the accident occurred outside, make sure you record the time and the weather conditions.

Get an immediate medical evaluation even if you feel fine.

Use your cell phone to capture pictures of the scene including the cause of the accident (wet floor, loose railing, etc.) any signage present and location of any security camera that may have recorded the accident.

When clients provide us with these basics we can get a head start on evaluating the case and assigning resources in preparation of your claim.

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Choosing a Ft. Lauderdale Medical Malpractice Attorney

Choosing a Ft. Lauderdale Medical Malpractice Attorney

There is certainly no shortage of attorneys in Fort Lauderdale but medical malpractice is a specialty that not many attorneys specialize in. Compared to other fields of personal injury like premises or product liability, medical malpractice suits are complicated, expensive to pursue, time consuming and risky. Finding a qualified lawyer to handle your case may be more difficult than you might expect.

For starters the lawyers who handle medical malpractice either represent injured parties or the persons/organizations being sued but not both. Finding one that you are comfortable with will be easier if you take advantage of the following tips.

Finding a Qualified Medical Malpractice Attorney in Fort Lauderdale

Malpractice lawsuits are very expensive and very time consuming. You want assurances that the law firm has the financial resources to pursue your case effectively.

The hard part comes next. Because medical malpractice cases are risky, and because lawyers specializing in this field are often swamped with cases, they tend to turn down many cases. You want to find a firm that will give your circumstances a fair case evaluation.

If you are having trouble finding a lawyer to take your case it may be because of the way you are presenting it. Consider gathering your medical records and having them reviewed by a nurse.

If you have a good relationship with an attorney working in another field you can start your search by asking him or her for a referral. However, just because your attorney is great at tax law doesn't mean he knows the medical malpractice community.

Do a search on the Internet and then check the biographies of the lawyers specializing in medical malpractice. Are they, or their firm, members of the American Association of Trial Lawyers or the Florida Association of Trial Lawyers? Do they provide blogs or FAQs regarding medical malpractice?

If you can narrow your choices to two or three attorneys check the state bar association website to make certain the lawyer is in good standing.

If you have additional questions regarding medical malpractice feel free to contact us. If you have a potential case, please contact us now.

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Wrongful death Lawsuit : Fort Lauderdale : Elements

Wrongful Death Lawsuit in Fort Lauderdale

A wrongful death lawsuit is something nobody in Fort Lauderdale wants to experience but life happens and wrongful deaths, accidental or intentional, happen far too frequently. If you have lost a loved one and you believe the death was caused by someone's negligence then you may be in a position to file a wrongful death lawsuit.

In Florida wrongful death is defined as any death caused by “wrongful act, negligence, default, or breach of contract or warranty.” Basically this is saying that you can sue the person or organization that intentionally caused the death, accidently caused it through negligence, had a duty to keep the person safe but breached that duty or a product/service caused the death.

It sounds straight forward so one would think that if you have evidence suing for wrongful death should be fairly simple.

But it isn't.

If a UPS truck crosses the centerline and causes a head on crash in which your spouse is grievously injured but doesn't die on the scene, UPS may not be responsible. They will argue that the paramedics, hospital, surgeon or anesthesiologist did not render proper care and that's what caused your spouse's death.

It can get bitter and nasty.

If you are considering a wrongful death suit you want an experienced attorney that can counter the claims of the insurance company. If you have questions on this topic, please do not hesitate to contact us Martin, Lister & Alvarez.  Read more.

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Medical Malpractice Lawsuit : Fort Lauderdale : Anesthesiologist

Medical Malpractice in Fort Lauderdale – Know Your Anesthesiologist

When a resident of Fort Lauderdale files a medical malpractice lawsuit involving a botched surgical procedure, the anesthesiologist is often named as well as the leading surgeon. Most people will thoroughly research the surgeon who is going to perform the operation but almost nobody researches the anesthesiologist.

The anesthesiologist is a key player in any surgery. He or she is responsible for not only the mixture of chemicals but monitoring fluids, breathing, airway management and responding to anesthesia emergencies. In other words, this health provider is responsible for keeping you alive while you are under.

A mistake made by an anesthesiologist can result in brain damage, heart attack, stroke or even death. If you are considering a surgical procedure we encourage you to investigate his or her reputation as thoroughly as you will the surgeon. It might come as a major surprise that your anesthesiologist isn't even an MD!

When Health Care Providers Care More About Their Bottom Line Than You

Some, not all, hospitals have cut costs by having nurse anesthesiologists handling the function with a qualified MD anesthesiologist "supervising" multiple nurses in different operating rooms simultaneously.

The American Medical Association estimates that an astounding 225,000 people die from medical malpractice each year. Mistakes made in anesthesia are the fourth leading cause of those deaths.  

Florida's malpractice laws are complicated and the sooner you engage a malpractice lawyer the better. At Martin, Lister & Alvarez we specialize in malpractice lawsuits and have the demonstrated experience and success to assure our clients of a vigorous effort to obtain a fair and just settlement or judgment for the injuries they have suffered.

If you feel you are the victim of malpractice, send us the details on your case and we will be happy to review them and offer our opinion on what your next step should be. Read more.