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 compensation. The team at the Law Firm of Anidjar & Levine works tirelessly in preparing solid cases while protecting our clients’ legal rights and interests. If you suffered injuries due to another party’s negligence, call us to schedule a free, no-obligation consultation with a personal injury lawyer in Delray Beach: 800-747-3733.
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, 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. 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.
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 test results to show that a driver acted in a reckless manner by driving while legally intoxicated.
The defendant’s negligence caused your injuries. Continuing with our drunk driving example, we rely on documents showing the defendant driving under the influence of alcohol caused an accident which resulted in your injuries.
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.
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 of 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), physical or occupational therapy, and what you may expect to pay in the future for treatment and prescription drug costs. We also factor in the loss of your current salary, wages, or other income that you may no longer earn because of your injuries.
What is more challenging is determining noneconomic damages or the pain you feel and the suffering you endured from your injury. There are no standard measures for calculating noneconomic damages since pain and suffering differs from case to case. Nonetheless, personal injury cases typically use a:
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 noneconomic damages.
Per diem method
This method bases noneconomic 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 noneconomic 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 noneconomic damages to build a strong personal injury case — and recover more money for you.
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 Law Firm of Anidjar & Levine provides great benefit when it comes to using various methods and documentation to determine the highest value of your case.
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 allows you to recover compensation even if you contributed to you own injury. However, the amount of your economic and noneconomic 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 aim to settle out of court as it allows you to obtain money quicker. We begin by negotiating 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.
What types of injury cases do you handle in Delray Beach?
The Law Firm of Anidjar & Levine 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
- Defective and dangerous products
- Medical malpractice
- Nursing home abuse and neglect
Schedule a FREE consultation with a Delray Beach personal injury lawyer today.
The Law Firm of Anidjar & Levine stands ready to take on insurance companies and large corporations so that our clients receive just compensation for their injuries. And we do all of this with no upfront costs. Contact us today at 800-747-3733 to schedule your free case evaluation.