Personal injury law involves injury which is caused accidentally or by another’s failure to use reasonable care and/or judgment. A successful plaintiff in a personal injury suit may recover damages for medical and nursing care expenses (past and future), property damage, lost wages, lost future earnings capacity, bodily injury, scarring and disfigurement, pain and suffering, mental anguish, emotional distress, loss of the capacity for the enjoyment of life, loss of consortium or companionship, and in some cases costs and attorney fees.
Types of personal injury lawsuits brought include injury or death cases arising from: Vehicle accidents such as automobile accidents, ATV accidents, bike accidents, boat and airplane accidents, bus accidents, crosswalk accidents, cruise ship accidents, drunk driving accidents, hit and run accidents, jet ski accidents, motorcycle accidents, pedestrian/car collisions, train accidents trucking accidents and uninsured/underinsured motorist claims; Premise liability such as amusement park injuries, assaults on a business property, construction site accidents, dog bite and pet attacks, dram shop liability, drowning accidents, elevator and escalator accidents, fire and explosions accidents, food poisoning, inadequate security, slip and falls, swimming pool accidents and OSHA violations; Funeral home negligence; Insurance coverage and bad faith claims; Medical malpractice, such as diagnostic errors (failure to diagnose), hospital negligence, surgical errors, wrongful birth and medication errors; Nursing home abuse; Product liability such as defective child products and toys, defective medical devices, dangerous drugs, rollover accidents, defective vehicles, seat belt and airbag failures; Sexual abuse and intentional torts; Toxic and mass torts and Wrongful death.
The types of injuries compensable include catastrophic injuries, severe and disabling injuries, amputations, blindness, brain injury, broken bones and fractures, burns, chemical burns, head injuries, hip and pelvis injuries, knee injury, lacerations, neck and back injuries, orthopedic and neurological injuries, paralysis, paraplegia, quadriplegia, psychological injuries, PTSD (post traumatic stress disorder), RSD (reflex sympathetic dystrophy) rotator cuff tears, scarring and disfigurement, spinal cord injury, TMJ – Temporomandibular joint syndrome, emotional distress, injury to children and death.
Three elements must be present for one to get compensation for damages suffered by the negligence of another: liability, damages, and a source of payment. The first element is proof of wrongdoing on the part of the defendant. The second element requires that one prove all damages caused by the negligent party. Only damages caused directly by the negligent actions are compensable. The third element requires that the one sued have sufficient means by which to pay the judgment or settlement in the case. This is usually accomplished through insurance.
Even though the majority of all personal injury cases are resolved prior to trial, this end is only achieved after much preparation and research. All cases should be prepared as if they are going to trial. The attorney must be a litigator to enhance the settlement value.
Personal injury has become increasingly complicated. No two cases are exactly alike. Each case has to be thoroughly analyzed, both legally and factually. The client has to be informed of the progress of his or her case. The adjuster and opposing counsel must be dealt with in a friendly, professional manner all the while letting him or her know we have researched the facts, the law, and the value of the case. We can help simplify the process and give you the peace of mind you deserve every step of the way by: providing personalized service, responding to all your questions promptly, and in a language you can understand, helping you to understand the facts and the law, and processing your case in an efficient and timely manner.
Del Amo Law is dedicated to providing quality, professional, efficient and affordable legal services. We understand your problems and speak your language. Our staff is fully bilingual. If you or someone you know in the greater South Florida area needs the assistance of an experienced lawyer, contact our office anytime, day or night, at 305-443-7005, or complete the contact form provided on this web site to schedule your free initial consultation.
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