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10 Mistakes That Could Ruin Your Personal Injury Case

March 2, 2015

by South Florida Injury Law Firm Personal Injury Claims

When you’ve just suffered injury in a traumatic auto accident, it’s understandable that you feel a little shaken, panicked, and perhaps even a bit disoriented. But how you conduct yourself after an accident is a huge determining factor in your ability to file a successful personal injury claim. Below, we’ve listed some of the most common mistakes injured parties make that can result in claims being denied or significantly reduced in value.

Failing to call the police. When another driver causes an accident, he or she may try to convince you not to call the police. However, a police accident report is vital to your personal injury case, since it’s one of the clearest ways to demonstrate that you were not at fault. Without it, the other driver may try to manipulate the truth when speaking to their insurance company in an attempt to appear not at fault. Even in Florida, which is a no-fault state, this can be important for an injury claim.

Failing to seek medical attention. Medical documentation is very important to your injury claim. It’s essential to seek medical treatment after an auto accident as soon as possible—even if you feel your injuries were minor. Oftentimes, car accident injuries don’t fully materialize for days or even weeks after the accident. If you wait too long to see a doctor, insurance companies may argue that you couldn’t have been hurt that seriously, and therefore don’t deserve compensation, or that your injuries were sustained in another way.

Failing to be honest with your doctor. While visiting a doctor after your injury, make sure to answer his or her questions as honestly as possible. Don’t try to conceal any previous injuries or illnesses, which can both impact the quality of care you receive and harm your legal case. If you supply doctors with false or partial information, you give insurance companies grounds to have their opinions invalidated in court.

Missing doctor’s appointments. Your medical records can be accessed by both insurers and juries. Your records will contain information about any missed appointments, and this information can be used as evidence of your lack of commitment to recovery or the minor nature of your injuries.

Neglecting to take prescribed medications. Much like missing appointments, neglecting to take prescribed medications or follow your doctor’s advice can demonstrate a lack of commitment to recovery, and severely harm your claim.

Ending medical treatment prematurely. If you stop your medical treatment too early, insurance companies may argue that you must be completely recovered from the accident. Similarly, if there are large periods of times between your treatments, insurers may argue that you could have recovered from your initial injury and may now be seeking treatment for an unrelated injury. It’s a good idea to continue treatment until you are confident in your full recovery, or a doctor advises you to do so.

Posting sensitive information online. Insurance companies are likely to search the internet for information that can invalidate your claim. If you use Facebook, Twitter, or other social media sites, refrain from posting details or photos of your injuries or the accident online in status updates, comments, or blog entries. Remove previous posts that could limit your claim, such as a post on an old injury.

Losing important documents and information. To help your case, it’s highly advisable to keep track of medical treatments, doctor’s orders, and work restrictions. If possible, take photographs of your visible injuries—including scars and bruises—and the damage to your vehicle at the scene of the accident. This information will be invaluable when evaluating your case with your lawyer.

Giving in to insurance companies. To dissuade you from getting an attorney, insurance company representatives may contact you to try and reach a settlement. Without an experienced and aggressive attorney helping you, insurers know they will be able to get away with paying you a substantially smaller settlement. Always remember that insurance companies are first and foremost a business, and their main goal is to secure maximum profit for their company by paying you as little as possible. Never give a statement or sign a document with an insurance company before speaking with a lawyer.

Waiting too long to contact a lawyer. Under Florida law, you only are allowed a brief window of time to file a personal injury claim. That’s why it’s of the utmost importance to consult with an experienced Florida auto accident attorney as soon as possible. Your attorney can help you evaluate the true value of your claim, and keep insurers from bullying you out of the compensation you deserve. With your attorney’s assistance, you can fight for your right to compensation for medical bills, lost wages, and overall pain and suffering.

Is the Personal Injury Stigma Stopping You from Fighting?

February 2, 2015

by South Florida Injury Law Firm Personal Injury Lawyer

Does seeing a personal injury ad on TV make you suspicious? Maybe the face of a lawyer on a billboard makes you cringe. If you’re hesitant to trust personal injury attorneys, it’s okay—you’re not the only one. Unfortunately, personal injury law is often one of the most stigmatized areas of legal practice, and personal injury attorneys are sometimes considered conniving thieves who only have their own best interests in mind.

But as anyone who has been injured in a personal injury case can attest, personal injury is a legitimate and very serious area of law that requires finesse and capability, and personal injury lawyers—as hard as it might be to believe—really do have the public’s best interest at heart.

What is Personal Injury Law?

Personal injury law refers to the legal disputes that arise after somebody suffers an injury as a result of someone else’s misconduct. Personal injury cases are some of the more common cases that people see or hear about, but this is simply because there are so many opportunities for individuals to be injured at the hands of others. Some injuries that may be eligible for personal injury lawsuits include those that result from:

The specific damages that qualify as “personal injuries” are just as numerous. In fact, personal injury damages can include such a wide array of grievances that it’s almost impossible to list them all. Some of the more common injuries include:

Brain injuries
Broken bones
Paralysis
Disfigurement
Illnesses

It is important to understand that the prevalence of personal injury cases in no way detracts from their severity. Personal injury cases are serious and require the utmost respect and professionalism when dealing with them.

The Secret Lives of Personal Injury Lawyers

Sure, there is a lot of negative propaganda out there about personal injury layers. But the fact is that lawyers like myself and others do a lot of good that the public does not always see.

As BizJournals recently pointed out, it was a personal injury lawsuit that is credited with exposing the ignition switch issue that resulted in the major GM automobile recall in 2014. Had it not been for that one personal injury case that was held following the death of a victim, the issue might not have been brought to light at all and many more deaths may have resulted.

In fact, personal injury lawyers are often to thank for major recalls like this, and we contribute to consumer safety in a number of other ways as well.

Providing a system of checks and balances for major (and not-so-major) corporations.
Giving companies an extra incentive to move forward with product improvements such as better-quality safety belts and airbags in cars and the placement of warning labels on potentially dangerous products.

It would be nice if businesses did these things out of the kindness of their hearts, but it’s just not true. Most of the time, these changes only come about following successful legal proceedings in which lawyers fight tirelessly to defend their clients.

In cases like these, when personal injury lawyers are going up against huge corporations with mammoth legal teams on their sides, they need to fight vigorously and often to the point of exhaustion. However, the lawyers’ determination and belief in their clients’ claims push them forward. Personal injury lawyers put it all on the line not only so that their own clients receive the compensation and recognition that they deserve, but also so that major corporations must make necessary changes to make their products safer for everybody. Without these lawyers’ resolve, major corporations may never be held accountable.

Don’t Hold Yourself Back

Do not let other people’s negative portrayals of personal injury lawyers stop you from getting the defense that you deserve. The truth is that personal injury lawyers are here to protect you and will do everything it takes to make sure that your voice is heard and your suffering does not go unnoticed.

By failing to equip yourself with a smart attorney, you are allowing a negligent individual (or company) to evade responsibility for something that they should not be allowed to get away with. Responsible persons should be held accountable for their mistakes, especially if those mistakes cost you your or your family your peace of mind.

If you’ve been injured as a result of someone else’s negligence, defend yourself. Don’t let negative media portrayal of personal injury lawyers prevent you from fighting for what you deserve. Contact a knowledgeable personal injury lawyer today.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Watch Out for Holiday Dangers at Stores

December 22, 2014

by South Florida Injury Law Firm Personal Injury Lawyer

Anyone who has gone to the mall on a Friday evening knows how dreadful and even downright threating the crowds can be—groups of teenagers everywhere, 20-somethings plowing through the crowds to grab the latest fashions for the weekend, parents shopping for whatever relatives have birthdays or parties coming up.

But now that holiday season is in full swing, running the mall gauntlet is riskier than ever. At this time of year, it’s important for consumers and storeowners alike to remember that stores are responsible for the safety of their shoppers—if accidents happen on company property, the storeowner or manager could be held accountable.

Problems to Look Out For

During the holidays, the decorative lengths that some stores will go to for the sake of festivity can sometimes be outright hazardous. Because of this, shoppers should be on their guard even more than usual, and should look out for potentially dangerous situations. Some of these situations include:

Crowds. Of course, there are always crowds in malls and stores. Around the holidays, though, the crowds are bigger, stronger, and more excitable than at any other time of the year. With so many people crammed into such small spaces, it can be easy for consumers to become disoriented and wind up injured. In addition to being hazardous in and of themselves, crowds can be distracting and can divert peoples’ attention away from other potential hazards in the store.

Potential for slips and falls. Around the holidays, the risks of slip and fall accidents seem to be everywhere. Decorations that some stores place on their floors (e.g., confetti or fake snow) can make floors more slippery and therefore more dangerous. Furthermore, winter weather can sometimes lead to slippery patches on steps or in doorways, which can be extremely risky.

Oversized displays. Certain stores seize the opportunity presented by the holiday season to go above-and-beyond with decorations like giant Christmas trees, oversized menorahs, or enormous “Happy Holidays!” signs spanning entire ceilings. Often, these decorations can be delightful for shoppers and store employees alike—they can be beautiful, fun, and fill shoppers with holiday spirit. But as nice as they are, they can be dangerous as well. If decorations are improperly rigged or positioned incorrectly, they can cause injury to shoppers.

Given all the potential hazards that surround shoppers during the holiday season, it’s important for customers to always be aware of their surroundings and remain on their guard.

What If You’re Injured in a Store?

“Duty of care” laws state that retail stores are required to take all possible measures (within reason) to ensure that their customers are kept safe. In the unfortunate event that you sustain injuries in a store, this means that storeowners or managers can be held accountable.

If you are injured in a retail store and decide to take legal action against the storeowner, the first step will be to prove negligence. To do so, you must prove that the following elements were in place:

Your injuries were caused by dangerous conditions in the store
The store was aware, or should have been aware, of these conditions
The store acted negligently in addressing these dangerous conditions
Your injuries were not your own fault
Your injuries were caused as a direct result of the store’s dangerous conditions
Your injuries are legitimate

Because of the complexities of going to legal battle with stores, store owners, or corporations, it’s always best to consult with a qualified lawyer before taking any action.

Of course, it is best to try to avoid these dangerous situations entirely. While perusing stores this holiday season, remember to use caution. Wear shoes that are easy to walk in, be careful when navigating through the crowds, be on the lookout for potentially unsafe areas that might be slippery, and stay away from decorations that look dangerous, like overly large signs or displays that could fall.

Sometimes, though, no matter how careful you are, accidents can find you—even during the holidays and even at major retail stores where things are supposed to be safe and welcoming. Remember that all retailers are responsible for the safety of their shoppers.

If you sustain an injury as a result of a storeowner’s negligence, don’t just assume that the business will do the right thing and pay for your medical expenses while taking steps to ensure something like this doesn’t happen again. Make sure that others are protected and you get the justice you deserve by contacting a qualified legal professional at The South Florida Injury Law Firm as soon as possible.