If the negligence or recklessness of another person or company has caused your injury, you may have questions. How can I prove he was responsible for my injury? Can I recover compensation for my losses? What if I contributed to my injuries? A personal injury lawyer in Broward County at the Law Firm of Anidjar & Levine can answer any questions you might have and help you with every step of the process.
Give us a call today: 800-747-3733.
What types of cases do you handle?
At the Law Firm of Anidjar & Levine, we have helped Broward County victims and their families hold people and businesses accountable for all types of injuries resulting from:
- Motor vehicle accidents (cars, trucks, motorcycles, pedestrian, boat)
- Slip and falls
- Defective products
- Medical malpractice
- Nursing home abuse
- Swimming pool accidents
We are in your corner at every stage of your case.
The Law Firm of Anidjar & Levine and its team of investigators and medical and financial experts pursue your claim in its entirety. You can expect our help throughout the following stages of your case:
- Initial intake/investigation. Our team will interview you and any eyewitnesses, review documents, and file a claim on your behalf.
- Settlement negotiations. Once the other side has looked over your claim, it will likely offer a settlement. In most cases, this settlement is much too low. We will stand up for you and negotiate until the settlement covers the entirety of your losses.
- Lawsuit. If the other party refuses to cooperate or give you a reasonable settlement, we will file a lawsuit.
- Written discovery. We will formally request important information from the other party to give you the answers you have been looking for. We will also help you respond to any questions or requests directed at you.
- Depositions. We will prepare you to give testimony under oath and formally question the other party and witnesses as needed.
- Mediation. If ordered by the court, we will negotiate with the other party or insurance company during mediation.
- Trial: Though not every case goes through every stage, we are prepared to go the distance for you, including trial.
We can help you prove your case.
You cannot just accuse another party of negligence and recover the compensation you need. We need to prove it. To establish the other party is liable for your injuries, we will work to prove the following:
The first element of a personal injury claim is establishing that the person who hurt you owed you a legal duty of care. For example, all property owners owe visitors a duty to keep the property free from hazards. All drivers owe other road users a duty to drive safely.
If the other party has violated a statute, this can establish negligence per se. Negligence per se means that you can establish the first two elements of your claim (i.e., both duty and breach) at the same time.
A conviction by a court can sometimes prove the other party violated a statute. For example, if the other party in your accident case received a DUI conviction, we can use that to prove a breach of duty. The burden of proof is much higher in a criminal (or traffic) proceeding than it is in a civil case, however. Just because a third party did not convict the wrongdoer does not mean you should not pursue a civil claim.
Expert or “forensic” evidence may be necessary to establish a breach if the other side is denying responsibility. We have relationships with experts who can help us establish responsibility for your injuries.
Even if you have established duty and breach, there may be a question of whether the other side was solely responsible for the harm, or whether you contributed to (or could have minimized) the harm.
In Florida, being partially responsible does not prevent you from recovering for your injuries; however, you may need an expert to reconstruct the accident to determine what percentage of the fault and injuries to attribute to the other party.
Even if there is no dispute as to who is 100 percent responsible, the legal system requires that you prove “proximate cause.” What this means is that only those damages that occurred “but for” the other party’s wrongful act or omission are compensable.
For example, if you were injured in a slip and fall accident, we must prove that your injuries would not have occurred but for the broken handrail on the defendant’s property.
Once we have proven the other party was liable for your accident, we must prove that you sustained injuries in that accident. Some damages may seem obvious. If you have a broken leg, ambulance bill, a surgery, hospitalization, physical therapy, and physical therapy, tabulating your medical expenses may seem straightforward. Other damages, however, are not readily apparent.
Pain and suffering is a subjective and often disputed factor in personal injury cases. Pain does not affect the body alone: it affects the whole person, including emotions.
Not being able to carry out your normal daily activities or enjoy hobbies has a monetary value. If someone’s negligence deprived you of life’s meaningful moments, that person should compensate you.
You may have injuries that require further or permanent ongoing medical attention. Placing a value on these types of damages requires expert testimony.
If you have missed time from work, you may have also missed the benefits of employer-matched 401(k) contributions, or some other economic benefit. Determining the amount of potential contributions can be almost impossible without the help of a financial expert.
You will likely also need a financial expert if you are self-employed and need to prove loss of income.
As you can see, proving damages (as well as the other elements of your claim) requires the skill of a knowledgeable personal injury lawyer in Broward County. Our team of medical and financial experts can help you establish the total value of your claim.
Call us to schedule your FREE consultation.
As you can see, there can be much more to recovering compensation for your injuries than what meets the eye. At the Law Firm of Anidjar & Levine, there are no upfront fees and it will cost nothing for you to learn more about the strategy that we might take to get you a result. Call 800-747-3733 to get started today.