FAQs for Personal Injury Law in Boynton Beach, Delray Beach, and Nearby Communities
Disclaimer: These questions and answers are not intended to be legal advice and should not be construed as forming an attorney-client relationship, nor should they be construed as providing legal services or advice. They generally reflect some aspects of Florida law and not any other state law. No one is a client of our firm just by way of reading this website information nor should they act on the information received herein without consulting with an attorney.
A: In my opinion, yes. Hiring an experienced personal injury attorney is the only way to ensure you get FULL value for your claim. Don’t accept a settlement offer from an insurance company or adjuster without first consulting with a lawyer. You may be leaving money on the table or giving up rights you are entitled to..
A: After a car crash, you should consult an attorney to review your car insurance and the insurance of the other party. Generally, Florida law holds that the at-fault driver’s insurance should cover the damage done to other vehicles. However, the other driver may not have insurance, or their insurance may have been canceled due to non-payment. If that’s the case and you don’t have certain coverages on your policy, you may have to pay out of pocket for your car. For more information or help with your car repair process after an accident, call us today, so we can assist.
After a car accident, some of your medical bills will usually be covered initially by your own automobile insurance (if you have an active applicable Florida car insurance policy or are covered under one). These “no-fault” or Personal Injury Protection (PIP) benefits help cover some of your medical bills and are a mandatory coverage on your Florida auto policy.
However, many times, a person’s bills exceed these “no-fault” benefits, and those bills become your responsibility. If you would like to pursue the other driver’s insurance company to have your bills, lost wages, and pain and suffering damages covered in a settlement, call us today to discuss how to protect yourself.
You should always immediately report your incident to the store manager or security as soon as the accident happens. This will allow them to make a report, take photos, save the video of the incident, and preserve other evidence. However, you should not depend on the store to do so and most times, they will not share this information with you willingly. Thus,. you should take photos of the item, defect, or substance that caused you to fall as well as the scene, and get the names of any witnesses who saw you fall (including name and number).. After you report the incident, you should consult a personal injury lawyer if you’re injured to consult on how to file your claim and handle the case.
A: The facts surrounding your slip and fall affect whether the store is “at-fault” for the incident. Each case is extremely fact specific. Call or book 100% free consultation with us today to discuss your case and whether we can help.
A: Typically, one is required to inform their employer directly as soon as they know that an accident or injury has occurred at work. If possible, it is also thought to be best to promptly thereafter put it in writing (text, email, or letter) and send it to your supervisor. If you are injured at work, you should call an attorney immediately to discuss your rights and ensure you are protected in your workers’ compensation case or a personal injury case from such an incident.
A: Typically, if one were in the “course and scope” of their employment, one should be covered by workers’ compensation assuming their employer has coverage and they are considered an employee under the law. There are certain exceptions to this, and if you have questions regarding this, call us today to discuss whether or not you may qualify.
A: Construction site injuries lead to multiple different potential claims, and one should consult with an attorney immediately after an incident on the construction site. First, a claim against one’s direct employer for workers’ compensation benefits could be available. Next, one could also have a claim for workers’ compensation against what’s called a “statutory employer,” which is usually the general contractor who hired one’s employer.
If there is no workers’ compensation coverage available to someone who was injured, they may also have a personal injury claim against one or more of those entities. Finally, one could have a personal injury claim, even when there is workers’ compensation available, when a negligent party’s action raise to the level commensurate with an intentional tort. This area of law is fact specific, and one should consult an attorney with any questions on their construction work or construction site injury claim.
A: Typically, these claims are usually referred to as “phantom vehicle” claims. These are covered if one has elected certain types of coverage on their automobile policy and are unable to track down the hit-and-run driver. These claims need to be reported and investigated thoroughly by an experienced attorney like Dalton Injury Law.
A: One’s employer should be taking actions to place an injured worker on “light duty” or otherwise meet their medical restrictions given by a doctor. However, if they cannot meet their worker’s restrictions, then a workers’ compensation carrier may owe one lost wages, or indemnity. If you have been placed on restrictions by workers’ compensation and have questions, then give us a call today.
A: In most cases, if a person was hurt during the course and scope of their employment and are unable to work, they are entitled to lost wages. These situations are very fact specific, so call us today if you have questions on a work injury case.
A: If you were receiving short-term disability benefits through an employment-related insurance policy and they have now denied your attempt to collect long-term benefits or cut off your long-term benefits, you may have the right to appeal their decision. However, due to time limits surrounding that appeal, you should consult an attorney immediately upon receiving the denial to ensure you meet the requirements.
A: An apartment complex has a duty to keep its premises safe, including keeping the common areas, parking lots, and overall security in check. This can include employing security guards who conduct regular checks, adequate lighting, proper fencing, and potentially security measures to monitor who lives in the units, who is coming and going, and reacting to criminal activity on the premises. If your loved one has been killed at an apartment, call us today to discuss how we can hold someone accountable for your loss.
A: A negligent security claim is a cause of action for negligence against a property owner, manager, or business for failing to enact proper safety policies and procedures on their property which led to foreseeable crimes by a third party. Even though the third party was one of the causes of the crime, the owner, manager, or business was ultimately responsible for stopping crime from occurring and thus may be responsible for injuries and death on their property under Florida’s negligence laws.
In Florida, a dog’s owner is responsible for their dog and any injuries that dog it causes. If you have been bitten or attacked by another person’s dog, call us today for a risk-free consultation on your case.
A: Assuming you have homeowners insurance coverage, you can make a claim for a covered occurrence under the policy to have roof or water damages covered by your insurance company. However, some policies will not cover damage depending on the time, circumstances, causes of, and when the damage was reported or may have limits on how much they will pay for same. Thus, you should reach out to an experienced attorney to discuss your property damage claim today.
A: Uber and Lyft vehicles usually carry insurance that covers their passengers. However, that coverage changes based on the policy they carry. Additionally, the drivers of the ride-share vehicles carry their own insurance, which may cover the incident. Finally, your own car insurance may cover the incident. Therefore, given the multiple insurance policies at play, you should consult an attorney like Scott Dalton who is experienced in investigating insurance coverages to help cover your injuries.
A: If the area where you fell was negligently maintained, not properly built, not maintained to code, or otherwise became dangerous, you may have a claim against the property owner or manager. However, each case is very fact specific, thus, if you have been injured after tripping and falling on an even sidewalk or fallen down stairs you should contact us today for a 100% free consultation.
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