Delray Beach, FL - The Dickstein Law Firm

Whether your injuries resulted from a defective or dangerous product, a slip and fall accident, a vehicle accident, or medical malpractice, you are entitled to seek compensation.

The team at The Dickstein Law Firm works tirelessly to prepare solid cases while protecting our clients’ legal rights and interests across Florida. If you suffered injuries due to another party’s negligence, call us to schedule a free, no-obligation consultation with a Delray Beach personal injury lawyer: 1-888-352-4878.

What do I Need to Do to Hold the Other Party Accountable for My Injury?

We provide aggressive representation for our clients while guiding them through the complicated process of pursuing a personal injury claim. Florida law requires all personal injury cases to contain four elements. We not only ensure that your case establishes these requirements, but we also show you how we build your case to prove the following four elements:

Duty of Care

The defendant had a duty to act in a reasonable manner to avoid causing you harm. For example, doctors have a duty to treat each patient with an appropriate level of care. Similarly, drivers owe all road users a duty to drive carefully.

Proving this element is usually straightforward. For example, to prove your doctor owed you a duty of care, we must establish a doctor-patient relationship which we can do with a medical bill.

Negligence

The defendant behaved in a careless or reckless manner. We may use security camera video, eyewitness testimony, or other evidence to establish this element. For instance, we may use blood alcohol content (BAC) test results to show that a driver acted in a reckless manner by driving while legally intoxicated.

Causation

The defendant’s negligence caused your injuries. Continuing with our drunk driving example, we rely on documents showing that the defendant driving under the influence of alcohol caused an accident that resulted in your injuries.

Damages

You suffered damages because of the accident and your injuries. We use medical records, photos of your injuries, financial records, and other relevant evidence to show the physical and financial harm you experienced because of the accident. We also include evidence of pain and suffering you experienced.

Delray Beach Personal Injury Lawyer Near Me(888) 352-4878

Who Can Be Held Liable in a Personal Injury Accident?

You can hold any party accountable if you can prove their negligence caused or led to your damages. The actions that define negligence will change, depending on what the situation is. For example:

If a driver failed to stop at a stop sign or red light before striking your vehicle, they could be held liable for the results of their careless actions.
If a business did not fix bad lighting in its parking lot and you fell because you were unable to see where you were going, you could sue over this dangerous condition.
If a commercial truck driver hits your vehicle because they were distracted, you could sue them and/or the truck company employing them.
If a truck driver hit you because their vehicle’s brakes failed, you could hold the parts manufacturer or the truck maintenance company liable for the accident.

In all of these cases, negligence played a role. A personal injury lawyer can determine who acted negligently and what the costs are for this negligence.

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How Much Is My Personal Injury Case Worth?

We determine the value of your case by relying on documents (e.g., medical bills, W-2s, pay stubs, receipts, etc.) and the testimony. For example, we may take statements from health care providers, your spouse, and others who can speak to how your injuries affected your daily routine and ability to care for yourself.

We compile your medical expenses to show what you paid for medical supplies (wheelchairs or other assistive devices) and physical or occupational therapy. We also estimate what you expect to pay in the future for treatment and prescription drug costs. In addition, we factor in the loss of your current salary, wages, or other income that you may no longer earn because of your injuries.

Calculating Non-Economic Damages

What is more challenging is determining non-economic damages: the pain you feel and the suffering you endured from your injury. Pain and suffering is the most widely recognized among non-economic damages, but there are others, such as:

Mental anguish
Emotional distress
Loss of companionship
Loss of enjoyment of life
Disability, scarring, and disfigurement

There are no standard measures for calculating non-economic damages since pain and suffering differs from case to case. Nonetheless, personal injury cases typically use a:

Multiplier Method

This method determines the pain and suffering amount by multiplying the total medical expenses associated with an injury by a number between one and five (with one for minor injuries and five for the most serious injuries).

For example, if you suffered a broken leg that kept you out of work for a month and kept you from going on your family vacation, the insurer might multiply your economic damages by 1.5. If your total economic costs were $15,000, you would receive $22,500 in non-economic damages.

Per Diem Method

This method bases non-economic damages on a formula for “daily suffering.” For instance, personal injury victims monitor their pain each day and the tasks they cannot do because of their injury. Insurers determine a compensation cost for each day (usually your wages for the day) and multiply that by the number of days since the injury. For instance, if you earn $700 a week (or $100 a day) and have been suffering from your injury for 20 days, your non-economic damages would total $2,000.

This example illustrates the calculation method but by no means includes all the evidence we use to support pain and suffering and other non-economic damages to build a strong personal injury case—and recover more money for you.

Ultimately, the value of your case depends on how the accident and your injuries affect you physically, financially, and emotionally. As we work on your case, our attorneys also make sure that you receive the medical treatment and support you need while recovering from your injuries.

Working with The Dickstein Law Firm provides great benefit when it comes to using various methods and documentation to determine the highest value of your case.

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Seeking Wrongful Death Damages in a Delray Beach Injury Case

Unfortunately, some personal injury cases can result in losing a loved one. If you and your family are in this situation, we are truly sorry for your loss and extend our deepest condolences. Pursuing legal action against the liable party for your loved one’s death may be possible. We can review what happened and explain any legal options you have to hold them accountable.

Under Florida law, only certain surviving family members can file a wrongful death action. We can explain these laws to you as well as any damages you could recover, such as:

Your loved one’s medical expenses before and up to their death
Funeral, burial, and cremation costs
Loss of income and financial contributions to the household
Loss of companionship, guidance

Our Delray Beach personal injury lawyer is here to help you navigate this process, which can be complex and hard to follow, especially when grieving and trying to take care of family and personal matters. We will answer your questions and concerns during a free consultation.

What If the Defendant Blames Me for My Injury?

We anticipate defendants’ allegations of personal injury victims contributing to their own injuries. In these cases, we vigorously respond to the claim while continuing to hold defendants accountable for their negligent actions.

Florida’s comparative fault statute (Florida Statutes § 768.81) allows you to recover compensation even if you contributed to your own injury. However, the amount of your economic and non-economic damages will decrease based on your percentage of fault.

That is, if your damages total $100,000 and you were 10 percent at fault, you will collect only 90 percent of your damages ($90,000). We challenge a defendant’s comparative fault claim so that you collect just compensation for all your damages.

Will I Have to Go to Trial?

In most cases, no. We often aim to settle out of court, as it allows you to obtain money quicker. We begin by negotiating for a fair and equitable settlement with the defendants or their representatives. However, if we cannot reach a resolution, we can file a lawsuit to pressure the insurance company to offer you a fair settlement. If the insurer still refuses to offer you the settlement you deserve, we are prepared to fight for your right to compensation in court.

Personal Injury Cases Have Strict Filing Deadlines in Florida

If we must move ahead on legal action in court, we have limited time to do so. Florida Statutes § 95.11(3)(a) gives injury victims four years from the accident date to sue for damages. Surviving family members who are eligible to seek damages for a loved one’s wrongful death have two years from the decedent’s death date to file, per Florida Statutes § 95.11(4)(d).

There may be exceptions that make the case timeline longer or shorter, but generally, you can lose your chance to hold the liable party accountable if you don’t take legal action by these state-mandated deadlines.

When you hire our firm, we will review your accident and let you know which deadlines apply. We also will file your injury case on time, giving you one less thing to worry about.

What Types of Injury Cases Do You Handle in Delray Beach?

The Dickstein Law Firm built its reputation for success and customer service by helping victims injured due to another party’s negligence. Our attorneys have handled a variety of cases that resulted in personal injury victims receiving the compensation to which they are entitled under Florida law. These cases include:

Vehicle accidents
Slip and falls (and other types of premises liability cases)
Defective and dangerous products
Medical malpractice
Nursing home abuse and neglect
Workers’ compensation

Schedule a FREE Consultation with a Delray Beach Personal Injury Lawyer Today

The team at The Dickstein Law Firm stands ready to take on insurance companies and large corporations so that our clients receive just compensation for their injuries. We do all of this with no upfront costs. Our team can start on your case without payment, and we do not charge you any attorney’s fees unless we recover financial compensation for you.

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