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The Importance of Hiring a Car Accident Attorney in Miami, FL

Fri, 04 Jul 2025 20:57:32 GMT

Are you in need of a knowledgeable and experienced Car Accident Attorney in Miami, FL to help you navigate through legal challenges after a car accident? Facing the aftermath of a car accident can be overwhelming, but having the right legal support can make all the difference in securing a favorable outcome.At David Helfand Law Firm , we understand the complexities of car accident cases and are here to provide you with the guidance and representation you need to protect your rights and seek the compensation you deserve.

The Importance of Hiring a Car Accident Attorney in Miami, FL:

When you find yourself in a situation where you've been involved in a car accident in Miami, FL, seeking the help of a professional Car Accident Attorney can significantly impact the outcome of your case. A skilled attorney can offer valuable legal advice, handle negotiations with insurance companies, gather evidence to support your claim, and represent your interests in court if necessary.

Navigating Legal Procedures:

Navigating the legal procedures following a car accident can be complex and daunting, especially if you are dealing with injuries and emotional distress. A Car Accident Attorney in Miami, FL can assist you in understanding your legal rights, filing necessary paperwork, and ensuring that all deadlines are met to protect your claim.

Negotiating with Insurance Companies:

Insurance companies often try to minimize payouts to accident victims, making it crucial to have a knowledgeable attorney on your side. Your Car Accident Attorney in Miami, FL can handle communications with insurance companies, negotiate for a fair settlement, and ensure that you are not taken advantage of during the claims process.

Gathering Evidence:

To build a strong case for your car accident claim, evidence collection is essential. Your attorney can gather crucial evidence such as police reports, witness statements, medical records, and accident reconstruction reports to support your case and strengthen your position in negotiations or court proceedings.

Representation in Court:

In the event that your case goes to court, having a skilled Car Accident Attorney in Miami, FL by your side is invaluable. Your attorney will represent your interests in court, present your case effectively, and advocate on your behalf to secure the best possible outcome.

If you've been involved in a car accident in Miami, FL and are in need of legal assistance, do not hesitate to contact us at the David Helfand Law Firm. Our team of experienced attorneys is dedicated to providing personalized and effective legal representation to help you navigate the complexities of car accident cases and pursue the compensation you deserve. Let us handle the legal aspects of your case while you focus on your recovery and well-being.

When facing the aftermath of a car accident, having a reliable Car Accident Attorney in Miami, FL on your side can make a significant difference in the outcome of your case. Trust in the expertise and dedication of our legal team at David Helfand Law Firm to guide you through this challenging time and work tirelessly to protect your rights and interests.

Why Hire Motorcycle Accident Attorney Services in Miami, FL

Wed, 16 Apr 2025 19:39:46 GMT

Riding a motorcycle in Miami offers freedom and excitement, but accidents can happen in an instant. If you’ve been injured in a crash, hiring motorcycle accident attorney services in Miami, FL, is crucial to protecting your rights and securing fair compensation. At the Law Offices of David A. Helfand, P.A., we specialize in helping riders navigate complex legal challenges—so you can focus on recovery.

The Importance of a Motorcycle Accident Attorney in Miami, FL

Motorcycle accidents often result in severe injuries due to limited rider protection. Insurance companies may try to minimize payouts, leaving victims struggling with medical bills and lost wages. A skilled motorcycle accident attorney in Miami, FL, understands state laws, including Florida’s Personal Injury Protection (PIP) , and can build a strong case to maximize your settlement.

Key Reasons to Hire an Attorney

Proving Liability – Unlike car accidents, motorcycle crashes often involve bias. An attorney gathers evidence (police reports, witness statements, and accident reconstruction) to prove fault.
Handling Insurance Companies – Insurers may blame the rider or offer low settlements. Your lawyer negotiates aggressively for fair compensation.
Calculating Damages – Beyond medical bills, you may deserve payment for pain, suffering, and lost future earnings.
Navigating Legal Deadlines – Florida has strict statutes of limitations. Missing deadlines could forfeit your claim.

Why Choose the Law Offices of David A. Helfand, P.A.?

With years of experience in personal injury law, our firm fights for motorcycle accident victims across Miami. Whether your case involves a negligent driver or a defective bike part, we provide personalized attention and relentless advocacy.

What to Do After a Motorcycle Accident

Seek Medical Help – Even if injuries seem minor, get checked immediately.
Document the Scene – Take photos, collect witness info, and file a police report.
Avoid Admitting Fault – Let your motorcycle accident attorney in Miami, FL handle communications.
Contact Us Today – Early legal intervention strengthens your case.

Get the Compensation You Deserve With Motorcycle Accident Attorney Services in Miami, FL

Motorcycle accidents can be life-altering, but you don’t have to face the aftermath alone.

If you’ve been injured in a Miami motorcycle crash, trust the Law Offices of David A. Helfand, P.A., to fight for you. Contact us today for a free consultation—because justice shouldn’t wait.

What to Do After a Car Accident: A Guide from an Experienced Car Accident Attorney in Miami, FL

Wed, 05 Mar 2025 01:14:26 GMT

A Car Accident Just Happened—What Should You Do Next?

A car accident can be overwhelming, leaving you unsure of what steps to take. From ensuring safety at the scene to handling insurance claims, knowing what to do can protect your rights and strengthen your case if legal action is needed. This guide will walk you through the essential steps after an accident, offering expert insights from a seasoned car accident attorney in Miami, FL .

1. Ensure Safety and Seek Medical Attention

Your priority after an accident is safety. Check yourself and others for injuries, and if anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s important to seek medical attention, as some conditions, like whiplash, may not appear until later.

2. Move to a Safe Location

If the accident is minor and there are no serious injuries, move your vehicle to the side of the road to prevent further collisions. Turn on your hazard lights to alert other drivers. However, if the crash is severe, stay in place until authorities arrive.

3. Call Law Enforcement

In Florida, it is legally required to report an accident involving injuries, fatalities, or significant property damage. A police report provides an official record of the accident, which can be crucial when filing an insurance claim or seeking legal action.

4. Gather Evidence at the Scene

Collecting evidence can strengthen your case if you need to file a claim or pursue legal action. Take the following steps:

Photograph the scene , including vehicle damage, injuries, and road conditions.
Exchange information with the other driver, including name, contact details, insurance information, and license plate number.
Speak with witnesses and get their contact details in case their statements are needed later.

5. Notify Your Insurance Company

Report the accident to your insurance provider as soon as possible. Be honest about the details but avoid admitting fault or giving recorded statements without consulting a lawyer first. Insurers may use your words to minimize or deny your claim.

6. Consult a Car Accident Attorney in Miami, FL

If you’ve suffered injuries or significant property damage, speaking with a car accident attorney can help you understand your legal options. An attorney can negotiate with insurance companies, gather evidence, and fight for fair compensation for medical bills, lost wages, and pain and suffering.

At David A. Helfand, P.A., we provide experienced legal guidance for accident victims. Contact us today to discuss your case and learn how we can help you navigate the claims process .

7. Keep Records and Follow Up on Medical Treatment

Maintain copies of medical bills, repair estimates, police reports, and any correspondence with insurance companies. Follow your doctor’s treatment plan to document your injuries and recovery process, which can be essential evidence in your case.

Conclusion

Knowing what to do after a car accident can make a significant difference in protecting your rights and ensuring a fair resolution. From securing medical attention to consulting a car accident attorney in Miami, FL, each step plays a role in your recovery and legal claim. Have you ever faced challenges dealing with insurance companies after an accident?

Understanding Your Rights After a Car Accident in Miami, FL: How a Car Accident Attorney Can Help

Tue, 18 Feb 2025 20:22:19 GMT

Have you recently been involved in a car accident in sunny Miami, FL? Dealing with the aftermath of such an event can be overwhelming, especially if you're uncertain about your legal rights. The Law Offices of David A. Helfand, P.A. are here to serve as your dedicated legal resource during these challenging times.

An experienced car accident attorney can be the crucial advocate you need to ensure that your rights are protected and that you receive the compensation you deserve. Don’t leave your future to chance—call now at 305-810-6590 to schedule a consultation with David Helfand and ensure your rights are protected after a car accident.

Knowing Your Rights

Understanding your rights after a car accident is essential for protecting your well-being and financial future. In Florida, these rights include the ability to seek compensation for medical expenses, lost wages, and even emotional distress. Unfortunately, many accident victims are unaware of the full spectrum of their entitlements, which can lead to inadequate settlements and unresolved injuries.

Common Misconceptions

There are several common misconceptions about what you are entitled to after a car accident. For example, many people believe that insurance will automatically cover all their medical and repair expenses. However, insurance companies often try to minimize payouts, and the initial settlement they offer typically doesn’t reflect the true cost of an accident. That’s why having a knowledgeable car accident attorney like David A. Helfand by your side can make a significant difference.

The Role of a Car Accident Attorney

Navigating the legal intricacies following a car accident can be complex. A car accident attorney is responsible for investigating the scene, gathering evidence, and negotiating with insurance companies on your behalf. David A. Helfand, P.A. possesses the expertise to meticulously handle your case and maximize the compensation you receive.

How David A. Helfand, P.A. Can Help

David A. Helfand understands the unique challenges accident victims face in Miami, FL. With years of experience in the industry, David knows how to build a compelling case. His hands-on approach includes personal consultations, evidence collection, expert testimonies, and aggressive negotiation with insurance companies.

David A. Helfand, P.A. ensures that you are fully prepared for any legal proceedings that may arise. He diligently works to secure fair medical care, money damages, lost wages, and property damage reimbursement. By choosing David as your car accident attorney, you are making a proactive step towards protecting your rights and securing a favorable outcome.

Schedule Your Consultation Today

Stop wondering about your legal rights and take action now. Contact us today to schedule a consultation with David Helfand. By consulting with an experienced car accident attorney, you can ensure your rights are protected and pave the way for a better, more secure future. For more details, check out our FAQ section .

Can You Contest a Life Insurance Claim Denial?

Tue, 18 Feb 2025 20:12:39 GMT

Life insurance is an important tool for many Americans who need to protect and care for loved ones after their passing. But while a life insurance contract seems like a guaranty of payment for beneficiaries, the insurance company still has the ability to deny the claim.

What may cause the insurance carrier to deny your claim? What can you do about it? And who can help you get the payout your family deserves? Discover what every beneficiary should know.

Why Are Life Insurance Claims Denied?

Most life insurance claims are paid out in a timely manner without too much stress on the part of survivors. However, a few basic categories of circumstances exist that may result in denial.

The first — and the most straightforward — is when the policy owner didn't pay the premiums. Beneficiaries may find documentation of a life insurance policy but not be familiar with their loved one's finances and whether or not they were paying on time.

A second reason for some denials is that the policy owner misrepresented something of significant impact on their application. For instance, the carrier might claim that the person hid a preexisting condition, failed to disclose a drunk driving conviction, or lied about immigration status. The claim would be that the misrepresentation made it impossible for the carrier to accurately judge their risk.

Every insurance policy lays out details about what deaths are covered and which are excluded. The carrier will generally consult these specifics to determine if the death was due to a covered cause. Some policies, such as accidental death policies, take a very limited view on what is a covered cause of death.

For most policies, the list of exclusions is more detailed and specific. Some common exclusions, though, include suicide, death during the commission of a crime, or death while doing some extreme sport like skydiving. Each policy varies, though, so not even the policy owner may have fully understood these exclusions.

Can You Reverse a Denial?

If the insurance company notified you that they denied a claim, what can you do about it? The good news is that beneficiaries (including the estate) can generally appeal or contest the denial if they have legitimate grounds. This process usually begins by appealing directly to the insurance company, but it may end up requiring further legal action if necessary.

What are legitimate grounds for contesting? In some way, you should be able to show that an error occurred in the denial. If your relative really did pay their premiums and you can show canceled checks, the carrier made an error. If the insurer claims that the death happened due to suicide but the official cause of death was inconclusive, you might argue that this doesn't qualify for the exclusion.

Do You Need Help Fighting a Denial?

Technically, beneficiaries can usually contest a denial on their own. And this may be appropriate in some limited situations. For instance, if the insurer denied based on the owner's failure to pay premiums, beneficiaries might present the company with proof of payment from bank records. The matter may be relatively simple to resolve.

However, most insurance claim denials are more complex than this. The insurance carrier may state that the policyholder materially misrepresented a preexisting condition such as heart problems. However, if your loved one wasn't aware of their own heart issues, they may not have misrepresented their health. In this case, proving that they didn't hide a condition or act intentionally may be very difficult.

Similarly, arguing legal or medical details involved in some deaths can be challenging. A tree trimmer who had a heart attack that was not covered by an accidental death policy might have actually been killed by the fall from the tree (a covered death). But most beneficiaries don't have the training and skill to successfully build and present their case in such unique cases.

Where Should You Start?

If you receive a denial of claim notice, don't write off the policy as a lost cause without further investigation. Many denial notices don't offer details about the reason for the denial, so you may need to do further research to determine the specific cause. Armed with this knowledge, can you build a case for an error or incorrect judgment by the insurer? Because most people have little legal experience, they may not know the answer.

As soon as you receive a denial, your best resource is an experienced insurance claim attorney in your state. The Law Offices of David A. Helfand, P.A. , can help. For nearly three decades, our legal team has assisted Florida residents with all their insurance claim needs. No matter what you've done or not yet done in response to the denial, call today to learn more about how to contest your denial and improve your chances of success.

Hit by an Uninsured Driver? | Law Offices of David A. Helfand

Tue, 18 Feb 2025 20:12:39 GMT

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Tue, 18 Feb 2025 20:12:39 GMT

Workers’ Comp FAQ | Law Offices of David Helfand, P.A.

Tue, 18 Feb 2025 20:12:39 GMT

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Insurance Company Tricks | The Law Offices of David A. Helfand

Tue, 18 Feb 2025 20:12:39 GMT

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Alligator Attacks | Law Offices of David A. Helfand, P.A.

Tue, 18 Feb 2025 20:12:39 GMT

Alligator attacks can lead to devastating injuries and possible death for victims of the predator. As these animals are found extensively throughout the state of Florida, an alligator attack can come out of nowhere.

Often times, a wildlife attack from an animal like an alligator may seem like an unfortunate event with no one to blame. Unlike a dog attack where an owner may face liability, alligators are wild creatures who live off the land. While you may feel like you're out of luck, you could find some situations where someone is held liable for the attack.

Follow this guide to learn more about liability and personal injury cases associated with alligator attacks.

Illegal Exotic Pets

Exotic pets may seem enticing to own and care for, but many states outlaw the private ownership of those pets because of the dangers they present. If a person already breaks the law for having an alligator as a pet, then they could be held liable for any injuries the alligator causes.

During an investigation, a lawyer may seek out social media posts, pictures of the property, and witness statements to corroborate that someone was actually keeping an alligator as a pet. Without a license, the ownership of an alligator is outlawed in Florida. If a person takes an alligator from the wild, then it is illegal to keep the animal as a pet.

If official police charges are placed on a person for keeping the pet, then those charges and the evidence found can significantly help your case. Keeping the alligator as a pet created natural dangers on their property. Even if you knew they kept the alligator as a pet, the owners did not create an environment safe enough to prevent an attack, which put visitors in danger.

Alligator Attractions

In Florida, you can visit a wide range of alligator attractions. These attractions include all kinds of alligator exhibits. The attractions often include plenty of signs that showcase the dangers associated with alligators on the premises. If visitors do not follow the rules, then the business will not be held liable for any damages.

For example, if a person decides to enter an alligator pen or access an area deemed for employees only, then the person will likely be at fault for any injuries. However, there could be instances where the attraction owners get held liable for injuries. For example, if the property is not properly cared for and kept up, then an injury could occur.

Other situations could include if the walls or gates used to hold the alligators in fall apart or don’t work properly. An injured person may hold a business liable for negligence. Some attractions may allow guests to get close to alligators and enjoy a variety of encounters. Mechanical failures or poor operation by employees may lead to injuries as well.

In a personal injury case, a lawyer will look over all of the factors to help determine the best way to move forward with a possible case.

Premises Liability

Some homeowners may not keep alligators as pets, but they could find the creatures roaming on their property. Alligators may seek out small lagoons or ponds on an owner's property. As you spend time on the property, you may find yourself the victim of an alligator attack. In this case, you could potentially sue the owners with a premises liability lawsuit.

The lawsuit would entail that the property owners knew of the alligator presence on the property, but did not do enough to warn guests of a possible alligator attack. In many cases, a simple warning sign is enough to warn guests of the dangers. Without the signs or posted warnings, a lawyer could help you seek compensation in an injury case.

For example, a homeowner may rent out the house to guests. If the guests are unaware of the alligator presence on the property, then you may seek a personal injury case. A warning at the home or through the listing could have been enough to sufficiently warn anyone not familiar with the property.

National Parks & Natural Habitats

Some of the more common places people come across alligators is in national parks and natural habitats. When these areas are open to the public, the park owners must convey the dangers that guests could face when they enter the parks. Roadways, trails, and water areas could all present areas with possible alligator encounters.

Proper signage at any entry point in a national park will often legally cover those areas and could be harder to bring to court. If signs have fallen, disappeared, faded, or are not properly updated, then you may have a personal injury case. These cases are generally harder to move forward with, but a consultation with a personal injury lawyer can help guide you.

For a consultation, reach out to us at the Law Offices of David A. Helfand, P.A. Along with animal injuries, we cover a wide range of personal injury cases and can analyze your situation and go over all of your available options.

Worker’s Compensation: 5 Post-Injury Costs That Can Quickly Add Up

Tue, 18 Feb 2025 20:12:39 GMT

Getting injured on the job comes with some major life changes. While you heal from your injury, you will go through a major loss of weekly income, but other new financial changes can come as well. The worker's compensation you receive should cover your typical income along with any other costs you must incur along the way.

Learn about the some of the costs you could expect as you heal. Some of the costs and change may only apply temporarily while others will last for longer periods of time. As you break down these costs, learn how a worker's comp attorney can help you get the financial help you deserve for such a painful injury.

1. Physical Therapy

The hospital costs you have to pay after an injury can quickly add up, but those are not the only medical bills you will face. As you heal through physical injuries, many doctors will likely recommend physical therapy. A physical therapy treatment could include weeks of stretching, equipment use, and guided help.

These costs may add up, but the treatments are essential to your healing journey. Due to the injury at work, you would expect your worker's compensation to cover the costs. A lawyer will likely collect any charges you have along with a recommended schedule from a physical therapist for any future treatment options.

Ensuring proper compensation for treatments will help with your own out-of-pocket expenses and help you heal the way your body should naturally heal.

2. Emotional Therapy

Physical therapy isn't the only type of therapy you may need treatment for. As you heal from your injury, you may seek the help of a professional therapist. An injury can come with a lot of psychological factors. You may feel depressed with the lack of work or the sudden lifestyle changes, or anxious after the accident.

You may seek out therapy for the trauma you went through during the injury. A therapist can help you cope and come with different solutions to help you through the transition period. The therapy costs can exceed any health savings, and directly relate to your injury at work. A lawyer will seek compensation for these costs and help determine and ideal figure for your injuries.

3. Adaptive Work Equipment

As you plan a return to work either at the job you had or a whole new career, you may need some adaptive equipment to help you with your physical injuries and changes. For example, in an office job, you may need adaptive computer equipment like a special mouse or keyboard. Injuries to your legs, spine, or neck may lead to the need for a specialized chair or desk.

If you commute to work or drive as part of a job, then you may need to purchase equipment to help you get to work. Adaptive equipment could help you access pedals or to sit more comfortably in the vehicle. This equipment is not cheap and may change based on your healing process.

4. Adaptive Home Equipment

Along with changes in the way you work, you may need to purchase equipment for your home. Limitations in movement could lead to the need for adaptive equipment in the bathroom like a shower seat. You may need to purchase adjustable equipment for your bedroom like a mattress that automatically moves up and down.

You may need special chairs or seats that help you sit comfortably and with the least amount of pain. These home equipment costs can tax any health savings, especially if you need items in every room. You may also incur charges from a contractor who installs new items like handrails.

Keep track of these extra charges along with planned purchases and official cost estimates. A lawyer can use all of these examples as they build your case.

5. Clothing & Accessories

After a work injury, what you wear is probably the last thing on your mind. However, a work injury can really impact your current wardrobe. For example, if physical limitations impact the way you dress, then you may seek out new clothes that are easier to put on and can fit more comfortably.

An injury could even impact your body weight. If you gain or lose weight, then you will need to purchase new wardrobe items. The purchases of a whole new wardrobe could add up and you may need even more items as your weight fluctuates through the healing process.

The change in your wardrobe may also include the shoes that you wear. For example, if you have a back injury, then you may struggle to tie your shoes and opt for the purchase of slip-on shoes instead. If you have already purchased items, then you could gather receipts and give to the lawyer as you build the case.

For more information on worker's compensation, contact us at David Helfand PA . We have settled many cases in the past and have years of experience dealing with Florida worker's compensation laws.

Frequently Asked Questions About Personal Injury Lawsuits

Tue, 18 Feb 2025 20:12:39 GMT

A personal injury can prove devastating in all sorts of ways, from staggering medical expenses and lost wages to the pain and anguish you and your family may suffer from such an event. While insurance may provide some relief, you might find that you can only get the compensation you need through a personal injury lawsuit.

The world of personal injury lawsuits can lead to much confusion, with legal complexities and requirements that can easily lead to costly mistakes. The more clearly you understand the basics, the more effectively you and your attorney can pursue your case. Check out these frequently asked questions on the subject.

What Counts as a Personal Injury?

Many unfortunate accidents fail to qualify as personal injuries under the law, while many civil lawsuits have nothing to do with personal injuries. The legal world defines a personal injury as an event that causes physical, emotional, or reputation damage to an individual, with another party liable for said damage.

The party responsible for your injury need not have inflicted the damage intentionally or maliciously. A person whose negligence or inaction somehow led to your injury may also hold at least some liability for your injury.

Personal injuries can take a variety of forms. Common examples include slip and fall injuries, vehicular accident injuries, dog bites, defamation of character, workplace injuries, product-related injuries, and medical malpractice. In cases such as assault and battery, the offender may face both criminal charges and a civil lawsuit.

What Kinds of Damages Can Personal Injuries Involve?

The damages claimed in personal injury cases fall into three primary types. Two of these, economic and non-economic damages, both involve direct compensation to the injured party. On rare occasions, the court may award the third type, punitive damages, in cases where extraordinary recklessness led to the injury.

Economic damages can help compensate you for the expenses you incurred from your injury. They can pay for past, present, and future medical bills, equipment, and therapy. They can also make up for lost wages you've suffered, or will suffer, as the result of debilitating injury.

Non-economic damages can help compensate for other kinds of harm that the personal injury has done to you. Examples include damage to your reputation, mental anguish, and physical pain. If your personal injury has harmed your spousal relations, you may also pursue damages known as loss of consortium.

Why Might You Consider Filing a Lawsuit?

You might assume that you can achieve the compensation you seek simply by filing an insurance claim. However, this strategy may not yield the results you'd hoped for. Insurance policies typically come with significant limits and restrictions, meaning your policy might cover only a small percentage of your financial needs.

Even if your policy does promise adequate coverage, you might receive no compensation from the insurer at all. Insurance companies can dispute a claim on the grounds that they don't find it legitimate. If you can't get satisfaction from your insurer, a lawsuit may serve as your only logical way forward.

How Do You Pursue a Personal Injury Lawsuit?

If you plan on going ahead with a personal injury lawsuit, follow the correct procedures. For instance, Florida law imposes a statute of limitations of two years on all personal injury cases filed on or after March 24th, 2023 . If your injury occurred before this date, you have four years from the injury date to meet the deadline.

If you want to win your case, you must show that it meets the basic requirements of a personal injury lawsuit. You must show that the other party held a duty of care regarding your safety and that this party's actions violated that duty. You must also show that this violation caused your injury and that the injury led to damages.

Your attorney can help you assemble as much evidence as possible to support your case. Examples of such evidence can include medical bills and exams, police reports, statements from eyewitnesses, and testimony from expert witnesses who can verify your inability to work or the need for expensive ongoing care.

How Do Florida Courts Handle Personal Injury Liability?

Some states insist that if you hold even a tiny degree of responsibility for the event that caused your personal injury, you cannot receive any compensation. By contrast, Florida adheres to a less clear-cut rule known as modified comparative negligence.

In modified comparative negligence, the court makes a judgment on what percentage of responsibility each party holds for the injury. This can reduce your compensation even if you win your case. For instance, if the court found you 50 percent responsible for the incident, you would get only one-half of the amount you sought.

If you believe you should file a personal injury lawsuit to receive proper compensation for your losses, consult the legal team at the Law Offices of David A. Helfand, P.A. Our experts can examine the circumstances, determine whether you have a case, and then present that case to a Florida court. Contact us today to request a free initial consultation.

Considerations in a Slip & Fall Incident | David Helfand PA

Tue, 18 Feb 2025 20:12:39 GMT

If you suffer from a slip and fall incident at a public location, the initial injury will become a major focus of your case. While a lawyer will use video footage and witness statements to highlight the injuries, the impact can go well beyond the initial injuries.

Learn what elements to focus on and bring into your case when you meet with a personal injury lawyer. Each element will help you build a stronger case and expand beyond just the initial injury. Building up your evidence can make a difference on the outcome and total settlement amount for your case.

1. Personal Statement

At some point during your injury, any footage that was on-camera will end. You will get moved out of frame, get carried on an ambulance, or receive medical treatment. The whole journey from your initial slip and fall can make a difference on the case. For example, you may have to spend extended time in the ER to have scans completed.

You may need to get a cast put on broken bones. In some severe cases, you may need surgery for problems like spinal injuries or broken bones that impact other organs. All of these elements can become a part of your personal statement. The personal statement will detail everything you went through due to the slip and fall.

With your personal statement, you have the opportunity to personally highlight the pain you went through as you were treated for the injury and had to go through the healing process. These details include a lot more than hospital records would show and can really break down the finite details of the process.

2. Immediate Life Adjustments

A slip and fall injury could create the need for some immediate life adjustments. For example, you may have to take time off work. The amount of time you take off may be extended based on the injury. For example, if you broke your leg, then you may not be able to function in a job where you're on your feet all day.

The amount of time you miss from work will have a direct impact on your personal injury case and a lawyer will factor this into your case. You may have some immediate changes in your home as well. If you have a multi-level home, then injuries to your back, legs, or neck could create problems when you walk up the stairs.

You may need to limit the areas you travel around your home and change some of your habits right away. In some cases, you may need to stay at a rehab center until you gain a little mobility. These direct changes will have costs and impacts on your everyday life. A personal injury attorney will account for all of these elements.

3. Treatment Options

For a slip and fall injury, you may need treatment beyond the initial medical response. In many cases, the treatment can involve both physical and emotional needs. Physical treatments may include physical therapy that helps you heal, rebuild muscles, and ensure your body comes back to form.

Physical therapy session costs can add up and a personal injury attorney can help you recoup these costs along with any future physical therapy costs you may need. You may also seek treatment for emotional trauma. A therapist can help guide you through the emotional pain you have from the initial trauma or the stress you've gone through while healing.

Emotional trauma can become a big element within your case and you may need the help for a therapist to help you process and get through the whole ordeal.

4. Quality of Life

While the initial injury incident could last for less than a minute, the impact could have a long-standing effect on your quality of life. Your quality of life could change in so many ways after an initial injury. For example, everyday impacts could include the way you prepare meals and cook food. A back injury could prevent you from standing in a kitchen.

The inability to drive may impact your ability to visit friends, go shopping, or get out. Your quality of life could drastically change based on any plans you already had. For example, you may need to cancel or postpone an upcoming vacation due to the injury. If the injury occurred around the holidays, then you may need to cancel holiday travel plans or plans with family.

All of these minor and major changes could have a big impact on your quality of life. A personal injury attorney will showcase how your quality of life changed since the injury and how the impacts all directly relate to the injury.

If you been injured in a slip and call accident, do not hesitate to call us at David Helfand PA . We can schedule a free consultation to go over your injury, the next steps for your case, and answer any questions you have.

Drive-Thru Personal Injury Cases | David A. Helfand, P.A.

Tue, 18 Feb 2025 20:12:39 GMT

Going through a drive-thru at a fast-food restaurant is supposed to offer convenience and quick service. The last thing you expect at a fast food restaurant is to suffer a personal injury. Unfortunately, these injuries may occur, and you could suffer because of them.

At a fast food restaurant, you may suffer from personal injuries in a wide assortment of ways. Learn about some of the more common injuries at fast food restaurants and ways a lawyer might represent your case.

1. Drive-Thru Lane Crashes

Drive-thru lanes are supposed to be simple paths to follow, but car accidents can still occur. Even at low speeds, you could suffer from serious injuries if you get hit in a drive-thru. Another car that rear-ends you could cause a whiplash effect that turns into a painful neck injury. The sudden jolt of your vehicle could cause chest injuries due to the seat belt.

Newer fast food restaurants have implemented multi-lane drive-thru designs to try and limit traffic while speeding up orders. The merging between those two lanes could end up creating different accidents where your vehicle gets hit by the side.

Even in low-speed crashes, you still have the potential for a personal injury case. Chances are, if the crash occurred in the drive-thru, then the fast food restaurant will likely have video evidence as well. The video evidence can showcase exactly what happened.

2. Hot Food & Spills

When you get handed food from a fast food window, the last thing you expect is to deal with possible burns. Unfortunately, accidents may occur through this process and result in injuries to your body. For example, a fast food worker may accidentally drop a hot drink into your vehicle.

The hot beverage could cause burns on multiple parts of your body. An infamous case occurred at McDonald's years ago involving a similar situation. These lawsuits are not frivolous as burns can cause long-lasting damage and the need for multiple treatments.

Spilled food could also cause a chain reaction that results in more injuries. For example, if a worker accidentally spills food into your vehicle, then you may jolt the car forward or let go of the brake and suddenly crash into something. The compounded impact could cause multiple injuries that all stem from the original incident.

A lawyer will look into all the details of a case to determine the cause and help you seek compensation for your injuries and harm.

3. Pedestrian Incidents

Even if you choose not to use the drive-thru, you could suffer from injuries when you cross the drive-thru area to enter a fast-food restaurant. Despite the inclusion of crosswalks and signs at many fast-food restaurants, accidents can still occur. You may get hit by a car exiting the fast food lane at the same time you're crossing.

With a pedestrian crosswalk area, you have the right of way in a drive-thru, and cars are supposed to let you go by first. If you are hit, then a lawyer can prove that the driver is at fault and help you seek a settlement for your injuries.

Pedestrian incidents can also occur near fast food crosswalks due to slip and fall injuries. Without the proper upkeep of a fast food lane, a person walking might encounter spilled food, spilled drinks, or other potential slip hazards. These elements may not seem like a lot, but they can cause injuries and create unsafe walking areas for fast-food customers.

4. Poor Weather Care

Poor weather could have a big impact on the flow of a drive-thru restaurant. Without properly managed areas, you could run into issues as you try to navigate your way around a drive-thru. For example, poor drainage systems could lead to flooding issues in the drive-thru. Your vehicle may hydroplane or slide through high waters.

Without proper gutter drainage systems, heavy rains and water from a roof could splash down onto your windshield and make it hard to see ahead of you. An incident like this could easily lead to a fender bender as you hit someone else's car or their vehicle hits yours.

A personal injury attorney can help break down the different weather elements and how they impact your case and help shine a light on some of the parties who are at fault for your injuries. Along with footage from a fast food restaurant, eyewitnesses can help provide evidence that supports your case and your injury claims.

If you've suffered any type of injury at a fast food restaurant, then contact us at David A. Helfand, P.A . We have years of experience dealing with personal injury claims and can help build your case. Schedule a consultation with us and take the first step in moving your case forward. We are here to help you get the compensation you deserve.

Workers' Compensation Amount | David A. Helfand, P.A.

Fri, 30 Aug 2024 18:11:30 GMT

Workers' compensation serves as a crucial safety net for employees who experience job-related injuries or illnesses. While the intention of these benefits is to provide financial support and cover medical expenses, various factors can significantly influence the amount of compensation a worker may receive. Understanding these factors can empower both employers and employees, facilitating better communication and expectation management.

Nature and Severity of the Injury

One of the primary factors impacting the amount of workers’ compensation is the nature and severity of the injury itself. If an injury results in long-term disability or requires extensive medical treatment, the compensation amount tends to be higher. Severe injuries, such as spinal cord injuries or amputations, not only lead to significant medical costs but may also translate to a loss of earning capacity, therefore driving compensation amounts up. Additionally, psychological injuries, such as PTSD, can also qualify for compensation and affect the overall amount awarded.

Duration of Time Off Work

The length of time an employee is unable to work directly correlates with the compensation amount they may be entitled to. Workers' compensation generally covers lost wages for the duration of the employee's recovery. For instance, if an employee is out of work for a few weeks due to a minor injury, their compensation will be lower compared to a situation where the employee is unable to return for several months or longer. States have specific guidelines on how lost wages are calculated, often factoring in the employee's average weekly earnings prior to the injury.

State Regulations and Guidelines

Given the significant variations in workers' compensation laws across states, the jurisdiction of employment is pivotal in deciding the compensation awarded to an individual. Each state has its distinct regulations outlining compensation requirements and benefit calculation methods. It is crucial for employers to have a profound understanding of their state's laws to guarantee compliance and fair compensation for injured employees. Furthermore, some states impose benefit caps that can restrict the total compensation amount.

Previous Compensation Claims

A worker’s history of previous compensation claims can also influence the amount awarded in a new claim. If an employee has a record of multiple claims, insurers may scrutinize the current claim more closely, potentially leading to reduced benefits. Additionally, employers may be concerned about high claim frequencies, which could result in higher insurance premiums. Therefore, understanding the implications of prior claims is crucial for both employees and employers when navigating the workers' compensation process.

Evidence and Documentation

The strength and quality of the evidence provided to support a claim can considerably affect the outcomes. Comprehensive documentation, such as medical records, witness statements, and accident reports, can validate the claim and ensure that a fair compensation amount is reached. On the other hand, lacking proper documentation or having inconsistencies in the narrative can lead to disputes and potentially lower compensation amounts. Engaging a healthcare professional to provide insights into the injury and its impact on the employee’s work can also be beneficial.

Employer Response and Attitude

How an employer responds to an injury, both during the critical moments immediately following the incident and throughout the compensation process, can shape the overall experience for the affected employee. A supportive and transparent approach can encourage employees to pursue their claims without fear of retaliation, while a dismissive or hostile response may lead to a contentious situation. Building a positive relationship between employer and employee can foster a more straightforward compensation process and may even lead to higher compensation amounts based on the goodwill established.

In summary, various dynamics come into play when determining the amount of workers' compensation entitled to an injured employee. Understanding the nature of the injury, the duration of time away from work, state regulations, previous claims history, the quality of evidence provided, and the employer’s approach are all influential factors. By being informed about these elements, both employees and employers can navigate the workers' compensation landscape with greater clarity and effectiveness. If you need help with your workers' compensation claim, contact an associate at David A. Helfand, P.A. for more information.

Plane Injuries | The Law Offices Of David. A Helfand, P.A.

Thu, 01 Aug 2024 15:37:48 GMT

Turbulence during flights can be a jarring and frightening experience. While most passengers endure slight disturbances with little more than discomfort, there are instances where turbulence can result in significant personal injuries. If you’ve experienced turbulence-related injuries on an airplane, it’s crucial to understand the steps you should take to protect your health and your legal rights.

Understanding Turbulence and Its Impact

Turbulence is a common phenomenon in air travel, caused by various factors such as atmospheric pressure, jet streams, and weather conditions like thunderstorms. Although pilots receive training to manage turbulence and minimize its impact on passengers, severe turbulence can occur unexpectedly and cause injuries ranging from minor bumps and bruises to more serious conditions like fractures or concussions.

Immediate Actions to Take Post-Injury

The first and foremost action after experiencing an injury due to turbulence is to seek medical attention. Even if your injuries seem minor, it is essential to be evaluated by a healthcare professional to rule out any hidden or delayed complications. Notify the flight attendants immediately, as they can provide initial assistance and document the incident. This documentation will be critical if you decide to pursue a legal claim later on.

Documenting the Incident

Proper documentation is a vital step in the process. Ensure you report the injury to the airline crew and request that they record it in the flight report. Capture details about the incident, including the time and location you were on the aircraft, and note down the names and contact information of any fellow passengers who witnessed the event. Photographs of your injuries and the scene can also serve as invaluable evidence.

Seeking Medical Attention

Upon landing, it’s imperative to visit a medical professional, even if you have already received initial care on the plane. An official medical report ensures your health is prioritized and provides a documented timeline of your injuries related to the turbulence event. Keep all medical records and receipts, as they will be crucial if you decide to pursue compensation.

Understanding Your Legal Rights

Passengers have the right to a safe flight experience. When airlines fail to provide adequate warnings or do not take necessary precautions to minimize the effects of turbulence, they may be considered negligent. Consider enlisting the help of a personal injury attorney when pursuing legal action. They can help you assess whether the airline’s actions or inactions contributed to your injuries and advise you on the possibility of pursuing a claim for compensation.

Compensation for Turbulence-Related Injuries

If you are deemed eligible for compensation, it could cover a range of damages such as medical expenses, lost wages, pain and suffering, and even emotional distress caused by the experience. The compensation process can be intricate, as it involves negotiating with the airline and possibly dealing with their insurance providers. Having a skilled personal injury attorney can significantly enhance your chances of receiving a fair settlement.

Long-Term Considerations

Some injuries, like head trauma or spinal injuries, may have long-lasting effects, impacting your professional and personal life. Continuous medical treatment, rehabilitation, and time away from work can add to your stress and financial burden. Your attorney can help ensure that all potential future costs are considered when seeking compensation, aiming to relieve the long-term impact on your life.

Experiencing turbulence-related injuries can be daunting, but understanding and taking the appropriate steps can significantly aid in your recovery and legal journey. Immediate medical attention, thorough documentation, and consulting with a personal injury attorney are essential measures to protect your well-being and legal rights. By being well-informed and proactive, you can navigate the aftermath of in-flight injuries with confidence and ensure that you receive the support and compensation you deserve. If you've been injured on an airplane, contact us at The Law Offices Of David. A Helfand, P.A. to learn more about your legal options.

Bus Personal Injuries | Law Offices of David A. Helfand P.A.

Fri, 19 Jul 2024 18:11:23 GMT

Bus accidents, while less common compared to other vehicular incidents, can result in significant personal injuries that affect victims physically, emotionally, and financially. Understanding the scope of these injuries, their causes, and the legal recourses available is crucial for those affected. This blog post aims to shed light on the different aspects of personal injuries arising from bus accidents and offers guidance for victims seeking justice and compensation.

Common Causes of Bus Accidents

Several factors contribute to bus accidents. Driver error is a predominant cause, which can include distractions, fatigue, or impaired driving due to substances. Additionally, mechanical failures, such as brake or engine issues, can lead to catastrophic results. Weather conditions also play a significant role; slippery roads or poor visibility can increase the risk of accidents. In some cases, inadequate driver training or negligent maintenance practices by the bus company can be to blame.

Types of Personal Injuries

The types of injuries suffered in bus accidents can vary widely, from minor cuts and bruises to severe, life-altering conditions. These injuries can include broken bones, traumatic brain injuries, spinal cord damage, and internal injuries, often requiring extensive medical treatment and rehabilitation. The impact of such injuries can be both physically and emotionally challenging, affecting not just the victims but their families as well. Some common injuries include:

Whiplash and Other Neck Injuries: Sudden stops or collisions can result in whiplash, which causes neck pain and limited mobility.
Spinal Cord Injuries: These back injuries can lead to partial or complete paralysis, significantly impacting a victim's quality of life.
Broken Bones and Fractures: The force of an impact can lead to broken bones, and force the injured to endure prolonged recovery periods.
Head Injuries and Traumatic Brain Injuries (TBI): Head and brain injuries are particularly serious, potentially resulting in cognitive impairments and other long-term effects.
Cuts and Lacerations: Shattered glass or metal can cause deep cuts on the victim's body that may require stitches or surgery.
Internal Injuries: Damage to internal organs can be life-threatening to the victim and may necessitate extensive medical intervention.

Immediate Steps After a Bus Accident

Victims of bus accidents should take certain steps immediately following the incident to protect their health and legal rights. First and foremost, seek medical attention, even if injuries appear minor; some symptoms may not manifest immediately. It's also crucial to document the scene, gather witness contacts, and report the accident to law enforcement and the bus company. Retaining a personal injury attorney experienced in bus accident cases can provide invaluable assistance in navigating the legal system and pursuing a claim.

Legal Recourse for Victims

Victims of bus accidents have the right to seek compensation for their injuries through legal channels. This typically involves filing a personal injury claim against the bus company, the driver, or other involved parties. These claims can cover medical expenses, lost wages, pain and suffering, and other related costs. In some cases, multiple parties may be liable, complicating the legal process. Hence, the presence of a seasoned attorney is vital. They can assist in collecting evidence, engaging in negotiations with insurance firms, and advocating for the victim in legal proceedings when needed.

Personal injuries resulting from bus accidents can be devastating, but victims are not without options. Understanding the causes of these accidents, recognizing the types of injuries that can occur, and knowing the immediate steps and legal recourse available can significantly aid in recovery and ensure justice is served. If you or a loved one has suffered from a bus accident, consulting with a legal professional experienced in personal injury law can provide the guidance and support needed to navigate this challenging situation.

If you've been hurt in a bus accident and need legal assistance, contact our team at the Law Offices of David A. Helfand P.A. for help.

Bicycle Injury | Law Offices Of David. A Helfand, P.A.

Wed, 05 Jun 2024 21:27:26 GMT

Cycling is an increasingly popular mode of transportation and recreation. However, the rise in bicycle use has also led to an uptick in bicycle-related accidents. When a bicycle injury occurs, navigating the legal landscape can be daunting. This is where the expertise of a personal injury lawyer becomes invaluable.

Understanding the Complexity of Bicycle Injury Cases

Bicycle injury lawsuits present unique challenges, often more intricate than other personal injury claims. These cases might entail various involved parties such as drivers, pedestrians, fellow cyclists, and even governmental bodies accountable for road upkeep. A legal professional specialized in bicycle accidents comprehends these intricacies and adeptly navigates the nuances of such cases.

Expertise in Personal Injury Law

Personal injury lawyers possess extensive knowledge of local, state, and federal laws that apply to bicycle accidents. They understand the nuances of traffic laws, liability issues, and the specific regulations that pertain to cyclists. This expertise ensures that all relevant legal angles are considered when building a case.

Thorough Investigation and Evidence Collection

Building a robust personal injury case requires a thorough investigation. Personal injury lawyers have the resources and experience to gather critical evidence, such as police reports, witness statements, and medical records. They may also work with accident reconstruction experts to determine the cause of the accident and establish liability. This comprehensive approach strengthens the case and enhances the chances of a favorable outcome.

Accurate Valuation of Claims

Determining the value of a bicycle injury claim involves assessing various factors, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs. Personal injury lawyers have the expertise to calculate these damages accurately. They ensure that all aspects of the injury and its impact on the victim's life are considered, which helps in pursuing fair compensation.

Navigating the Legal Process

The legal process for a personal injury claim can be overwhelming, especially for someone recovering from an injury. Personal injury lawyers handle all aspects of the legal proceedings, allowing the injured party to focus on recovery.

Handling Insurance Companies

Dealing with insurance companies can be challenging. Insurers often aim to minimize payouts and may employ tactics to devalue or deny claims. Personal injury lawyers have experience negotiating with insurance companies and understand their strategies. They advocate on behalf of their clients to ensure that the insurance company offers a fair settlement.

Litigation Support

While many personal injury cases are settled out of court, some may proceed to litigation. Personal injury lawyers are prepared to take the case to trial if necessary. They provide robust representation in court, presenting evidence, examining witnesses, and making compelling arguments to support the claim. This level of advocacy is crucial for achieving a favorable verdict.

Reducing Stress and Providing Peace of Mind

The aftermath of a bicycle accident can be stressful and emotionally draining. Hiring a personal injury lawyer alleviates some of this burden. Clients can rest assured that their legal matters are in capable hands, allowing them to concentrate on their physical and emotional recovery.

Ensuring Fair Compensation

One of the primary benefits of hiring a personal injury lawyer is the pursuit of fair compensation. Personal injury lawyers are dedicated to ensuring that their clients receive the compensation they deserve for their injuries and losses.

Maximizing Compensation

Personal injury lawyers strive to maximize the compensation their clients receive. They assess all potential damages, including immediate and future medical expenses, lost income, and non-economic damages, such as pain and suffering. By presenting a comprehensive claim, they increase the likelihood of securing a settlement that fully addresses the client's needs.

No Upfront Costs

Numerous personal injury attorneys work on a contingency fee basis, ensuring payment only upon winning the case. This approach grants individuals access to legal advocacy without the immediate financial strain of upfront fees. Moreover, it incentivizes attorneys to pursue optimal results for their clients tirelessly.

Hiring a personal injury lawyer for a bicycle injury case offers numerous benefits. As legal professionals, we bring expertise, thorough investigation skills, and a commitment to securing fair compensation.

If you have been injured in a bicycle accident, contact our office today. We will navigate the complexities of the legal process, handle negotiations with insurance companies, and provide strong representation in court if necessary. By reducing stress and ensuring that all aspects of the injury are addressed, personal injury lawyers play a crucial role in helping victims of bicycle accidents recover and move forward with their lives.

Workers' Comp Factors | Law Offices of David A. Helfand P.A.

Wed, 24 Apr 2024 23:24:30 GMT

When you're hurt on the job, the last thing you need is a battle to receive fair compensation. However, understanding how the system calculates your injury's worth is a crucial step for anyone dealing with a workers' compensation claim. In the complex landscape of workplace injury law, there are five distinct factors that carry considerable weight on your claim's ultimate value. These variables can often mean the difference between a satisfactory recovery and a long, drawn-out negotiation process. This post will dissect these determinants of your workers' comp and shed light on how they can impact your financial and physical recovery.

The Severity of Your Injury

At the core of any workers' comp claim is the severity of the injury itself. The more severe the injury, the higher the likelihood of a significant compensation award. This is typically determined by the extent of the medical treatment you require and how this injury affects your ability to work. Medical documentation will be crucial here, as it will directly link the severity of your injury to the type and duration of treatment needed.

Lost Wages and Income Benefits

When your injury leaves you unable to work, you'll likely qualify for a portion of your lost wages through workers' compensation. Lost wage benefits typically amount to two-thirds of your regular salary but can also depend on your state's laws and your specific circumstances. However, recovering lost wages is not always straightforward. Insurance companies may contest the duration of your work incapacity, emphasizing their return-to-work programs or offering light-duty assignments. While returning to work can be a positive step in your recovery, it's essential to consult with a legal professional to ensure you're not forfeiting the benefits you're entitled to.

Permanent Impairment and Disability Ratings

For injuries that result in permanent impairment, you may be eligible for disability benefits. Disability ratings are significant contributors to your claim value and are determined by the extent of your permanent injury. These ratings, assigned by medical professionals, are crucial in ascertaining the compensation you receive. A high disability rating represents a severe impairment and can mean an award that supports you for life. Conversely, a lower rating may indicate a partial impairment, reflecting a lower compensation amount.

Medical Evidence and Your Doctor's Opinion

The weight of your case largely rests on the foundation of medical evidence and your doctor's opinion. This evidence acts as the bridge between your injury and its financial remedy. If you have a clear diagnosis, prompt treatment, and consistent medical records that trace the progress of your injury, your claim is on better ground. Additionally, the opinion of the physician plays a significant role. If the treating doctor is supportive of your claim, it's beneficial. Insurance companies can be less likely to challenge medical opinions. However, seek a second medical opinion if you're in doubt or if the company-appointed physician's assessment seems biased.

The Nature of Your Employment

Certain jobs carry inherent risks and potentially higher compensation values. For example, injuries in manual labor industries or high-risk environments may lead to larger awards than those in a low-risk office setting. Furthermore, temporary or contracted jobs might complicate the workers' compensation process. The status of these roles can sometimes mean less generous benefits or eligibility criteria that are harder to meet. The legal classification of your work and industry standards for compensation play an important part in determining the benefits you should be pursuing.

Navigating the complexities of workers' compensation needs a strategic approach. By understanding and managing these five key factors, you can significantly enhance your claim. Being diligent, staying informed, and, where necessary, enlisting the aid of qualified legal counsel can be the difference between an equitable resolution and a situation that leaves you with unaddressed needs. Remember, the more you know, the better positioned you are to secure your financial and health recovery. If you need help getting more for your workers' comp, contact our associates at the Law Offices of David A. Helfand P.A. today!

Wrongful Death | Law Offices of David A. Helfand, P.A.

Tue, 09 Apr 2024 23:28:41 GMT

Losing a loved one is never easy, especially when their passing was due to the negligence or wrongdoing of another party. In these difficult situations, it is important to seek justice for your loved one through a wrongful death case. However, preparing a wrongful death case can be an overwhelming and complex process. Today's blog will provide you with seven essential tips for preparing a wrongful death case for your loved one.

Gather Evidence

The first step in preparing a wrongful death case is to gather as much evidence as possible to support your claims. This can include medical records, accident reports, witness statements, and any other documentation related to the incident. It is important to gather this evidence as soon as possible to ensure that it is preserved and not lost or destroyed.

Consult an Experienced Attorney

Navigating through a wrongful death case can be a challenging and daunting task, which is why it is crucial to consult an experienced attorney who specializes in wrongful death cases. An attorney can provide you with guidance, support, and legal advice throughout the entire process, helping you to build a strong case and maximize your chances of success.

Determine Damages

In a wrongful death case, you may be entitled to various types of damages, including funeral expenses, medical bills, lost income, and pain and suffering. It is important to determine the full extent of the damages that you are entitled to in order to ensure that you receive fair compensation for your loss.

Keep Detailed Records

Throughout the process of preparing a wrongful death case, it is important to keep detailed records of all communications, expenses, and events related to the case. This can include keeping track of all medical bills, funeral expenses, and other costs incurred as a result of your loved one’s passing.

Prepare for Litigation

In some cases, pursuing a wrongful death case may involve going to trial and litigating the matter in court. Court litigation for a wrongful death case involves presenting your evidence and legal arguments before a judge or jury to determine liability and compensation. It is important to be prepared for the possibility of litigation and to work closely with your attorney to develop a strong legal strategy. This may involve gathering additional evidence, preparing witnesses, and participating in the discovery process.

Stay Patient and Persistent

Preparing a wrongful death case can be a lengthy and stressful process, but it is important to stay patient and persistent throughout the journey. It is normal to experience setbacks and challenges along the way, but with the help of an experienced attorney and a strong support system, you can navigate through the process with confidence and determination. Remember that seeking justice for your loved one is worth the effort and perseverance.

Take Care of Yourself

Dealing with a wrongful death case can be emotionally draining, and it is important to take care of yourself throughout the process. Seek support from friends and family, consider counseling or therapy if needed, and make time for self-care activities. By taking care of yourself, you can better navigate the legal process and ensure that you are in a strong position to fight for justice for your loved one.

Preparing a wrongful death case for your loved one is a difficult and emotional journey, but with the right guidance and support, you can navigate through the process successfully. By following these seven essential tips and working closely with an experienced attorney, you can build a strong case and seek justice for your loved one. Remember to stay patient, persistent, and proactive throughout the process, and you will be on your way to achieving a favorable outcome in your wrongful death case. Reach out to our team at the Law Offices of David A. Helfand, P.A. if you need help filing a wrongful death case.

Boating Accidents | David A. Helfand, P.A.

Fri, 08 Mar 2024 21:51:02 GMT

Boating accidents can be a terrifying experience, leaving you overwhelmed and uncertain of what steps to take next. Whether you were involved in a collision on the water or someone was injured on your boat, it's important to know what to do in the aftermath of a boat accident. In this blog post, we will outline the steps to take after a boat accident, discuss when it may be time to call a lawyer, and what to expect during the legal process.

Ensure Everyone's Safety:

The first and foremost priority following a boat accident is to ensure the safety and well-being of all passengers involved. Begin by carefully checking for any injuries and providing necessary first aid promptly. In the event of any severe injuries, it is crucial to contact emergency services without delay. If possible, relocate the boat to a secure location and exercise caution when navigating through the aftermath of the incident.

Common Injuries in Boat Accidents:

Accidents on the water can result in a variety of injuries, ranging from minor to severe. Some of the most common injuries include:

Lacerations or Contusions: Caused by sudden impact with the boat or objects on the water, these superficial wounds are frequent and can range in severity.
Broken Bones or Fractures: The force from a collision can lead to fractures, particularly of the ribs, arms, and legs.
Head Injuries: Concussions or more serious traumatic brain injuries can occur if passengers hit their heads during an accident or if they are thrown overboard.
Drowning or Near-Drowning Incidents: Especially in cases where individuals are not wearing life jackets, drowning is a critical risk associated with boat accidents.
Spinal Injuries: High-impact collisions can lead to spinal trauma, which could result in temporary or permanent paralysis.

Understanding these risks reinforces the importance of safety measures and emergency preparedness when boating.

Exchange Information:

Just like in a car accident, it's crucial to exchange information with the other party involved in the boat accident to ensure proper documentation and resolution. This information should include names, contact details, insurance information, and boat registration numbers. Additionally, capturing photos of the damage and the accident scene can provide valuable evidence for insurance claims and any legal actions that may follow. Having these details meticulously recorded can streamline the claims process and protect your interests in the aftermath of a boating mishap.

Report the Accident:

Depending on the severity of the accident, you may need to report it to the authorities. In some states, it is required to report a boating accident if there is a certain amount of property damage or if someone is injured. It's always best to err on the side of caution and report the accident to the appropriate authorities. They will be able to document the incident, gather necessary information about the parties involved, assess the scene, and provide guidance on the next steps to ensure proper handling of the situation and compliance with legal requirements.

When to Call a Lawyer:

If you or a passenger were involved in a boat accident and suffered injuries, or if there was considerable damage to property, it might be the right moment to seek legal advice. An experienced attorney can guide you through the intricate legal procedures, handle negotiations with insurance firms, and advocate for your rights in court if required. They can also assist in identifying responsibility and pursuing reimbursement for medical costs, lost income, and emotional distress. Don't hesitate to reach out for legal support during such challenging times.

In the aftermath of a boat accident, it's crucial to stay calm, prioritize safety, and take proactive steps to protect your rights. By following the steps outlined in this blog post, knowing when to call a lawyer, and understanding what to expect during the legal process, you can navigate the complexities of a boat accident with confidence and peace of mind. If you've been injured in a boating accident, contact our office today.

Airplane Accidents & Personal Injury | David Helfand PA

Fri, 09 Feb 2024 00:30:57 GMT

Airplane accidents are not as common as other types of accidents, but when they do happen, they can be catastrophic. They often result in devastating injuries and fatalities. If you or a loved one has been involved in an airplane accident, knowing what to do next can be overwhelming and confusing.

Personal injury cases involving airplane accidents are unique in many ways. There are several factors involved that make these cases different from any other accidents. In this blog post, we will explore these factors and provide you with some useful information to help you understand what makes these cases unique.

Jurisdictional Issues

One of the primary issues that arise in personal injury cases involving airplane accidents is jurisdiction. Airplane accidents are often international in nature, meaning that they can occur in one country, but involve passengers and crew members from different countries. This makes it difficult to determine which laws and regulations should apply to the case.

First, the location of the accident is a crucial factor. If the accident occurred within the territorial boundaries of a country, that country's laws usually apply. However, if the accident happened over international waters, international conventions, like the Montreal Convention or the Warsaw Convention, may come into play depending on the countries involved.

Second, the domicile or residence of the injured parties and the pilot can also influence jurisdiction. For instance, a U.S. citizen involved in an accident overseas might be able to bring a lawsuit in the U.S., particularly if the airline is U.S.-based or does significant business in the country.

Complex Technical Evidence

Another factor that makes airplane accidents unique is the complex technical evidence involved. Investigating an airplane accident requires specialized knowledge and expertise. It involves analyzing data from a black box, reviewing air traffic control records, and examining the aircraft wreckage. All of this information can be overwhelming for the average person to understand. As a result, it is important to hire an experienced attorney who has the resources and knowledge to handle these types of cases.

In addition to your lawyer, you may also need the help of expert witnesses. One predominant figure is an airplane design and operation expert. They have comprehensive knowledge about how an airplane is built and how it operates. This allows them to identify whether a design flaw or operational error contributed to the accident.

In addition, a meteorologist may also be an invaluable witness. Weather conditions play a substantial role in aviation safety. A meteorologist can assess whether adverse weather was a factor in the accident and if the flight should have been grounded due to the conditions.

Finally, a human factors expert could also be beneficial. They study how people interact with technology and can offer insights about whether human error or a failure in the interaction between the crew and the aircraft's systems could have led to the incident.

Multiple Parties Involved

Airplane accidents often involve multiple parties, including the airline, the aircraft manufacturer, maintenance personnel, and air traffic control. It can be challenging to determine who is responsible for the accident and to what extent. This can make it difficult to determine how much compensation you are entitled to.

The airline might be held responsible if they failed to train their pilots, follow safety regulations, or perform necessary maintenance on the aircraft. If poor decisions or actions by the flight crew led to the accident, the airline could be held liable since employees' actions are generally imputed to their employers.

Additionally, air traffic controllers could potentially be implicated if it's shown that errors in their directions or a failure to correctly interpret the flight situation contributed to the accident.

On the other hand, the aircraft's manufacturer may be found at fault if a design or manufacturing defect in the aircraft or one of its components contributed to the accident, and in some cases, the company responsible for maintaining the aircraft could also be held liable if improper maintenance practices played a role in the incident.

Insurance Coverage

Airplanes are expensive machines and are typically insured for significant amounts. However, insurance companies' coverage regulations are not always simple, and the presence of multiple insurance providers can create further complications. Many of the critical issues that arise in airplane accidents, such as insurance coverage and liability assessment, need the expertise of experienced aviation lawyers.

Time Factor

Despite the complexities of airplane accident cases, claimants need to file lawsuits within a reasonable period. There is a statute of limitations for personal injury claims, and it varies from one jurisdiction to another. In some cases, the limitation period could be as little as a year, requiring immediate research and careful evaluation of the circumstances of the accidents.

Emotional Trauma

Airplane accidents can cause not only physical injuries but also emotional trauma. Survivors may experience post-traumatic stress disorder, anxiety, and depression. These injuries can be just as debilitating as physical injuries.

Personal injury cases involving airplane accidents are complex and require specialized knowledge and experience. If you or a loved one has been involved in an airplane accident, it is important to hire an attorney who has experience with these types of cases. With the right attorney, you can rest assured that your rights and interests are protected, and you can focus on your recovery. Contact David Helfand PA to start building your case today.

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No-Fault Insurance and Civil Lawsuits | David Helfand PA

Wed, 09 Aug 2023 17:08:26 GMT

When you are injured in a car accident, you need financial assistance to get medical care and restore your damaged property. In Florida, as in many other states, getting that compensation often involves two different components: insurance and lawsuits. How do these two processes work together in Florida? And how do they work independently? Read on to learn what every accident victim needs to know.

How Does Florida's No-Fault Insurance Work?

Florida's auto insurance system includes a requirement that a person's insurance pays for their own medical bills for their injuries regardless of fault. Called no-fault insurance, this is designed to ensure that injuries are treated quickly and easily without spending time determining fault. However, the minimum required coverage is low, so many victims' bills and repairs exceed their coverage fairly quickly.

No-fault, or PIP insurance, covers a percentage of what is known as economic damages. These include medical bills and lost wages. It generally does not cover non-economic damages, such as pain and suffering or loss of enjoyment in life due to your injuries.

Does No-Fault Insurance Pay Everything?

Under the no-fault insurance system, you generally begin by dealing with your own insurance. You likely have to pay a portion of your expenses out of pocket, though. To get these covered — even if your total bills haven't hit your policy maximum — you may sue the driver who was at fault.

In addition, as mentioned, your insurance policy probably does not cover non-economic damages. To get payment for these, you also need to sue the at-fault driver. This, however, is made more complex by limitations within the insurance system. In Florida, you may only sue for these if you have such problems as a significant injury, permanent loss of function, significant scarring, disfigurement, or a victim has died.

How Do You Sue the Other Driver?

Once you move beyond the no-fault insurance system, you enter the world of civil lawsuits for personal injury. The good news is that there is much more potential to get compensation for intangible difficulties and harm you have suffered — and will continue to suffer.

The bad news is that civil litigation is more difficult and time-consuming. You will start a case in court, then spend time exchanging evidence with the other side. The judge will set some rules for what can be admitted as evidence. Then, both sides appear in court.

You, the plaintiff, will present your case to the jury first. Then, the defendant presents theirs. You both then get a chance to rebut things that came up during the trial.

During the pre-trial process and throughout the trial, though, you have the chance to negotiate a settlement. Many cases are resolved through settlement. It saves both sides time, money, and the possibility of losing their case.

What If You Contributed to the Accident?

A civil lawsuit is aimed at making the at-fault party pay for the victim's losses. However, some accidents have more than one at-fault party. What if you were one of them?

Consider an accident in which you were driving over the speed limit, another driver ran a red light, and the third driver wasn't paying attention because they were texting their boss. All three parties may be construed as having some portion of responsibility for the collision. But they were also all injured. So, who pays? The answer in Florida is based on a legal doctrine known as pure comparative negligence.

There are two main approaches to lawsuits when more than one party is at fault. The first is known as contributory negligence. States which follow this doctrine bar a victim from receiving damages if they were partially at fault. In this case, none of the three drivers could sue for damages.

Florida, like most states, follows comparative negligence instead. This method assigns a percentage of fault to each party. The jury may find that you and the texting driver are each 25% at fault, with the one who ran the red light being 50% at fault. Each plaintiff would see any financial damages they win reduced by the percentage of fault the jury found that they carry.

Where Should You Start?

Does this all sound confusing? If it does, you're not alone. Florida's combined no-fault insurance and comparative negligence systems make it more challenging to get what you need. Get professional legal assistance by meeting with David Helfand PA . We'll guide you through all the steps needed to recover from your accident, no matter what the circumstances were. Call today to make an appointment.

Considering a Personal Injury Lawsuit? How It Works

Mon, 01 May 2023 20:47:02 GMT

A personal injury lawsuit is sometimes the only way that an accident victim can get the compensation they need to recover fully. But most Americans haven't been through a civil trial before and have many questions about what it might entail for them. Do you feel this apprehension? If so, here's a short primer on the personal injury lawsuit process, what you can expect, and what decisions you'll make along the way.

1. Filing of a Complaint

A lawsuit in civil court begins when the plaintiff files a complaint with the court. This document officially lays out, in broad detail, what they allege the defendant did (or didn't) do and how it harmed the plaintiff. Each court has its own procedure for serving the defendant (often called the respondent) with the complaint. They will then have a period of time in which to respond.

2. Pre-Trial Motions and Discovery

The period between filing a complaint and actually going to trial is full of vital activity. As the plaintiff, you will be involved in what is known as discovery. In law, discovery is the mandatory exchange of information between the two parties so that everyone has access to evidence and testimony that they may need to prove their case. Discovery creates a level playing field.

Discovery generally falls into four categories. The first is requests for admission, which clarify what's at dispute by requesting the other party either admit or deny statements. The second is requests for production. You may each ask the other side to provide access to or produce relevant documents, pieces of evidence, and other information.

Third, both parties can send a list of questions that the other must generally answer under oath. Exceptions are made when there are legitimate objections to the question. And finally, you may get witness depositions, which are question-and-answer sessions done under oath with legal representation available.

3. Settlement Negotiations

This is a good time to talk about settlement negotiations. However, this is unlikely to be the first time that negotiations come up in your lawsuit process. Both parties can negotiate an out-of-court settlement at any time — starting before anyone involves the court and continuing up until the jury is deliberating.

The pre-trial period is a common time for serious negotiations to occur. This is because the expense and effort of a trial is finally real for both sides. In addition, discovery lets both parties gauge the strength of their case and that of the other. Some litigants also use mediation to help them reach an agreement before the trial actually starts.

4. The Civil Trial

If you haven't reached a settlement out of court, the civil trial begins. As the plaintiff, your legal team presents your case first. After all the desired evidence and testimonies have been presented, you will rest your case and the defendant begins theirs. Afterward, the plaintiff generally has a chance to rebut new elements that came up during the trial. This rebuttal is strictly focused on new issues, not rehashing your original case.

Some personal injury trials include a counterclaim. Counterclaims occur when the defendant files their own related complaint, accusing the plaintiff of being liable for some or all of the matters in dispute. The counterclaim is litigated during the main trial, which may add some additional steps for both sides but won't add an entirely new trial.

5. Jury Verdict

Personal injury cases are generally decided by a jury of strangers. The amount of jurors depends on the rules of the jurisdiction in which the case is heard. The jurors may or may not need to be in unanimous agreement. When both parties have presented their cases, the jury will retire to begin deliberations. A verdict may come very quickly — within hours at times — or it may take a while.

6. Appeals

Finally, you and the defendant have the right to appeal. Contrary to the impression that many Americans have about appeals, they do not involve retrying the case or judging whether or not the jury made the right call. An appeal is made on matters of law. Each side may appeal any errors made by the judge in charge, violations of the right to a fair trial, or misconduct by any party.

An appeal may involve a new trial on rare occasions. The issues raised must not be something that can be resolved with another solution.

Have more questions about how your personal injury trial may look? Get answers by meeting with David Helfand PA . For more than 30 years, we have assisted your Florida friends and neighbors with all their personal injury legal needs. Call today to make an appointment or just learn more about the process. We'll help you make an informed decision about the best way to get what you need to start moving forward.

7 Rights You Have After a Workplace Injury

Thu, 30 Mar 2023 23:34:47 GMT

When you are injured in a work-related accident, the only way to protect your rights is to understand them. While most American workers know that they have access to workers' compensation insurance, they may not fully understand what that means for their rights and responsibilities.

To help you avoid accidentally giving up your rights or being taken advantage of by an employer, here is what every employee needs to know about their rights after a workplace accident.

1. You Have the Right To File a Claim

Employees have the fundamental right to make use of workers' compensation insurance. This may seem like a simple idea, but employers may try to dissuade you from making a claim for several reasons. First, the more claims that are paid on their behalf, the higher the company's insurance rates are. Second, some employers try to avoid workers' compensation rules by not purchasing them when they should.

No matter why your employer is unhappy about your claim, that is not your problem. They cannot deny you the right to make a claim, nor can they intentionally slow the process. However, you should also adhere to the rules regarding filing, including any deadlines to notify employers or start a claim.

2. You Have the Right to Treatment

If you do have to make a workers' compensation claim, you have the right to get proper medical treatment. You will likely need time off to do so, and you may need recurring time off. You may not be able to work for some time as well. All these are activities covered by insurance.

3. You Have the Right to Appeal

Did you know that you can appeal decisions about or denial of your workers' compensation case? Employees may appeal directly to the insurer first and then pursue formal appeal notices. If you do turn to the formal appeals process, mediation is often the next step.

If you cannot come to an agreement, you usually have a hearing before a judge. If you still disagree with the outcome, you may even file appeals to the district court.

4. You Have the Right Not to Be Harassed

Employers may not be happy with an employee exercising their right to workers' compensation coverage. Whether the employer does not want higher rates, does not like giving you time off to recover, or was caught evading workers' compensation requirements, some will take it out on the injured employee.

Employers cannot retaliate or harass an employee because of their claim. This includes creating or allowing a hostile work environment where the employer purposely singles out and makes their employee feel uncomfortable.

This also includes retaliation in the forms of terminating the employee, demoting them, reducing their hours, assigning undesirable shifts, or not giving appropriate raises or promotions.

5. You Have the Right to Sue Others

Workers' compensation insurance is a compromise between workers' rights and employers' rights. Therefore, it has limits. The main limit is that you cannot sue the employer for damages. However, you may be able to sue another party who bears some fault for the accident.

If you are injured on a vendor's property while picking up supplies, for instance, you are covered by workers' compensation. However, you may also choose to sue the vendor or property owner for negligence under civil law. This is your right, and even a business relationship with your employer does not give them the right to prevent you from doing so.

6. You Have the Right to Return

In general, you should lose your job because you made a workers' compensation claim. Not only can your employer not fire you due to the claim, they often should allow you to return to work if you choose.

If your employer argues that there is no appropriate work available, your legal counsel may work with you and them to determine if this really is the case. Even if you can not do the job exactly as before, this should not exempt you from getting your job back.

7. You Have the Right to Legal Help

Navigating a complex workers' compensation claim on your own is difficult. Therefore, the law permits you to seek qualified legal counsel to look after your interests, and it requires other parties to accept and work with your legal help. Your employer and the insurer may not like this, but this is your right. As with all aspects of the claim, retaliation when exercising this right should not be tolerated.

Have any of your rights been violated since a workplace accident? Do you want to forestall expected problems with your employer? If so, you should start by meeting with David A. Helfand, P.A . We have assisted Miami area workers in understanding and exercising their rights since 1993. Call today to learn how we can help you.

Is Your Employer Liable for Workplace Violence?

Fri, 24 Feb 2023 18:07:28 GMT

As an employee, you have the right to a safe workplace. And while this usually comes up in instances of negligence or accidents which injure workers, it also means you have some protection against workplace violence. If you are injured by the actions of a customer, stranger, vendor, or fellow employee while on the job, could your employer be liable? And what might limit that liability?

To help you get the compensation and recovery assistance you need after workplace violence, here are some answers to your questions about employer liability.

What Makes an Employer Liable?

Liability for accidents and injuries is generally based on the concept of a duty of care. Every person has a certain level of duty of care toward others or even toward themselves. A driver has the duty of care to act in reasonable ways to prevent harm to others. Your employer has a duty of care toward their employees.

This duty comes in a number of forms, including the duty of care to adhere to safety and employment rules to create a safe environment. They also have a duty to keep the physical property safe for normal activities. And that duty of care may be higher or lower depending on specific things, such as threats of violence.

When Is an Employer Liable?

Even though an employer has a heightened responsibility for the safety of their workers, this isn't an unlimited responsibility. In general, your employer must have acted negligently in some way. That negligence could be by omission — such as not securing a gate or door — or by commission like sending a delivery person to a house known to be dangerous.

This can be a tricky hurdle for some victims of workplace violence. No one can foresee every possible future action by everyone. If a random stranger comes to the property and begins to attack people, the employer may have had no reasonable way to expect this to occur. They may or may not be negligent based on what steps they took to prepare for violence or how they respond.

In addition, the incident usually must have occurred within a person's scope of employment. If you are injured in a bar fight on company time, your employer may not be responsible unless they sent you to that bar.

What Makes an Employer Negligent?

Your employer can be negligent in many different ways depending on the circumstances of the violent incident. If the employer knows of a disgruntled ex-worker or an angry spouse who has threatened to come to the workplace, for example, they may be negligent if they do nothing to increase physical security in response.

One common form of negligence is failure to have adequate employment policies. Perhaps the company is too cheap to do background checks. If a simple background check would have turned up a conviction for sexual assault, the employer may be liable for an assault that occurs on company time or grounds. A background check could be considered by a jury to be a reasonable step to discharge their duty of care.

Inappropriate security measures are another serious source of negligence related to workplace violence. There may be little or no perimeter security or inadequate protection against intruders in the building. Maybe exits are locked or blocked so that workers can't escape in an emergency — or doors are left wrongly unlocked. Or perhaps the employer allows tailgating through doors and gates. Any of these could be negligent.

Finally, the employer must respond appropriately to changing situations. If the neighborhood has experienced a rash of violent theft, the employer may be responsible for increasing security around employees. A jury is likely to find that escalation of security is a reasonable response to changes. And if they build an office in a dangerous area, it would be reasonable to expect different security than at a safer office.

Does an Employer Have to Know of a Problem?

Can an employer simply claim ignorance of a potential problem? Not necessarily. You may be able to demonstrate that the employer reasonably should have been aware of a hazard even if they never directly acknowledged it.

For example, if a company actively allows employees to carry weapons on company property, there is an increased chance of trouble. Combine that with a high-stress workplace or interpersonal conflicts, and the risk goes up. The company may not know that a particular employee was going to pull a knife on another, but it may be reasonable to believe that they should have known they were fomenting a growing risk.

Where Should You Start?

If you think that your employer may share some of the responsibility for a violent workplace incident, start by meeting with an experienced personal injury attorney in your state. David A. Helfand, P.A. , has assisted employees for nearly three decades. Our team will work with you to identify anyone who may hold liability for your injuries and build a solid case if you must take it all the way to trial. Call today.

7 Ways Poor Maintenance Could Lead to Workplace Injuries

Wed, 22 Feb 2023 21:56:29 GMT

When you miss time from work due to an injury, you may not always get access to workers’ compensation right away. In some cases, a professional lawyer will need to take on your case, prove the injury occurred at work, and that the company you worked for is at fault.

Along with incidents on work property or in work vehicles, a lawyer could find that poor maintenance led to your injury and seek compensation for the injuries and time lost at work. Check out some of the common ways poor maintenance could lead to injuries and why a company would most likely be at fault for those injuries.

1. Flooring Incidents

Basic floor care can ensure that employees can walk to their desks and go to different areas of a business without any hassle. On carpeted floors, torn pieces of carpet, carpet that's been pushed up, or loose carpet can all be trip hazards for employees. On tile floors, loose, chipped, or missing tiles can create trip hazards.

When floor damage does occur, a company needs to repair the floors within a reasonable amount of time to protect employees. Pictures, videos, and statements from other employees can provide proof of the condition of the flooring.

2. Break Room Appliance Issues

A typical employee break room will include appliances like a coffee maker, refrigerator, and microwave. While a majority of the time, those appliances will work fine, malfunctions and issues may occur, especially as the appliances age. For example, an old coffee pot could suddenly burst and cause burns as you brew a pot.

A microwave or a refrigerator could malfunction and cause an electric shock. A lawyer could look into the age of the appliance, any issues that have occurred before, and whether the company was ever informed of the issues. Along with workers’ compensation, a lawyer may seek a product liability settlement for your injuries.

3. Stairs & Elevator Issues

If you work in an office building, you may find you have to travel on stairs or an elevator on a daily basis to access certain floors. As an employee, you expect those areas to provide safe ways to go around the building. Improper elevator maintenance could lead to possible injuries.

For example, a door could malfunction and injure you. An unstable elevator could cause you to fall or slam into walls. The elevator may get stuck, which could lead to both injuries and emotional trauma.

If you choose to take stairs, you could run into similar issues. For example, a loose railing could cause you to lose balance or fall. Broken stairs could cause falls too.

A lawyer will see the conditions of these areas and seek proper workers’ compensation on your behalf.

4. Poor Weather Maintenance

When you encounter poor weather on a workday, you expect your company to provide a safe work environment. In some cases large rain puddles and other hazards could lead to slip and fall accidents. A lawyer will look into proper weather maintenance at your company and what was done to prevent accidents.

For example, maintenance workers may have not cleared proper pathways for you to access the building. The overgrowth of plants and shrubs could block paths if proper landscaping was not done to maintain the property. All of these elements could have a direct impact on your case and help you receive compensation for any injuries you sustained.

5. Office Furniture

If you work in a traditional office, the office will typically supply the furniture for your personal office and meeting spaces. Wear and tear could degrade office items like desks, chairs, and tables. For example, a chair could jam up or tip over when it malfunctions. Without regular replacement and maintenance of the furniture, you could be at risk for an injury.

Company receipts and information can showcase when chairs were last replaced and if any problems with furniture was reported in the past.

6. Floods

An office flood doesn't need to be a catastrophic event. Something as simple as a toilet leak could create standing water that presents dangers to employees. You could easily slip in a flooded area and suffer from injuries. A lawyer will seek out the cause of the flood. For example, poor upkeep of the building's plumbing could lead to flood issues and injuries.

7. Fires

Along with floods, emergencies like fires could lead to injuries. Your injuries may worsen if a building does not have proper fire prevention maintenance. For example, you may try to put out a small fire with an extinguisher that has expired. The extinguisher may not work properly. A company's fire exit maps that have faded over time and not showcase the proper escape route.

Little maintenance items can make a big difference and impact how severe your injuries actually are in the event of a fire.

If you've been injured in a workplace mishap, then contact us at the Law Offices of David A. Helfand, P.A. We will first ensure that you receive proper workers’ comp and then move forward with additional personal injury claims if needed. We have years of experience and will dive deep in your injury case.

Medical Malpractice Claims for ER Negligence: When To Sue

Wed, 01 Feb 2023 21:24:46 GMT

The emergency room can be a chaotic place, and amid all the hustle and bustle, mistakes can sometimes happen. Unfortunately, these mistakes may have serious consequences for patients who seek medical care. And in some cases, an error made in the ER could give rise to a medical malpractice claim.

If you or your loved one is a victim of an emergency room error, you need to understand your rights so you can make informed decisions about whether or not to file a medical malpractice claim. Read on to learn more about common types of errors in the emergency room that may require you to file a medical malpractice claim.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis in the emergency room can leave you with serious and often irreversible conditions.

For example, say you arrive at the ER with chest pain and the staff diagnoses your condition as a gastrointestinal issue and signs off on your discharge. Later, you discover that you actually suffered a mild heart attack and now face more serious health complications.

In this case, you may have grounds to file a medical malpractice claim since your misdiagnosis caused you to suffer. More so from a condition that wouldn't have worsened if the staff gave a proper diagnosis in the first place. You could claim that the healthcare provider failed to provide adequate care.

In another case, assume you arrive at the ER with a migraine, and a physician orders an X-ray but delays to follow up on the results. If this delay worsens your condition, you may have grounds to file a medical malpractice claim for lack of timely follow-up care.

Keep in mind, however, that misdiagnosis or delayed diagnosis in the ER doesn't always lead to a medical malpractice claim. Sometimes the situation may be a simple case of miscommunication between the patient and provider that doesn't result in any harm.

For your claim to hold up in court, you have to prove that the medical provider's misdiagnosis or delayed diagnosis was a direct cause of harm. Otherwise, you might just have a case of bad luck, which isn't always something that would result in a successful claim.

Medication Errors

Medication errors in the emergency room can risk your health and well-being. For instance, assume the physician orders the wrong medication or dosage for your condition, and this prescription error causes you serious harm. In this case, you might be able to pursue legal action against them, depending on the severity of the resulting injury or illness.

Another common issue with emergency room medication errors is when an allergic reaction occurs due to an incorrect or improperly prescribed medication. This mistake can have devastating consequences, especially in cases where your allergic triggers don't go into consideration.

In such situations, a patient can bring a medical malpractice claim forward against the medical facility for failure to provide adequate care.

Medication errors can also occur during the dispensing process. For instance, say your prescriptions get mixed up, and you receive an incorrect dosage. Say you get outdated medications that have since been out of use due to a recall from the manufacturer. You might have a strong case when you want to file a malpractice claim in either of these situations.

Inappropriate Treatment

If you believe your care in the emergency room was inappropriate or unnecessary, you may have grounds to file a medical malpractice claim.

For instance, say you go to the ER with a minor illness, and a medical care worker orders a series of tests that are unnecessary for your condition. If you suffer any harm from these unnecessary tests, you may pursue legal action against them for medical negligence.

In other cases, an emergency room physician may fail to properly read test results or miss a few symptoms that would have otherwise led to timely treatment and medical attention. If this action causes your condition to worsen, you could sue the healthcare provider for medical malpractice.

Remember that even if there's no physical injury from improper treatment in the ER, emotional distress due to negligence is still a good reason to pursue legal action in some cases.

For instance, if you rush to the ER with heart attack symptoms and are given the appropriate treatment on time, you might have a reason to sue if nobody informed you of the potential risks and side effects. Some side effects can be quite severe and even cause you emotional distress. Talk to your lawyer if you believe you might have a case.

If you've suffered harm due to an emergency room mishap, contact us at David Helfand PA , to discuss your options. We will evaluate your case and help you decide if the best course of action is to pursue a medical malpractice claim.

Questions and Answers About Road Rage Incidents

Tue, 20 Dec 2022 16:14:44 GMT

Road rage has grown into a common form of public hostility, especially for drivers in Florida. The Sunshine State ranks second among U.S. states in the number of road rage cases involving firearms from 2017 to 2021. Short tempers and aggressive driving behaviors can easily escalate into dangerous situations, injuries, and deaths.

If you've suffered losses from a road rage-related auto accident, you may have grounds to sue the driver responsible for the incident and its consequences. The more you understand about this tricky area of the law, the more intelligently you can pursue your legal options. Check out these questions and answers on the subject.

What Does Road Rage Involve?

Road rage involves aggressive driving and other hostile behaviors by a driver with the intention of intimidating or harming another driver. In Florida, this malicious intent differentiates it from a simple driver error that causes an accident. An innocent driver error on one driver's part can also spark road rage in another driver.

The 2022 Florida Statutes associates several behaviors with aggressive driving. These behaviors include speeding, changing lanes hazardously, tailgating a vehicle, failing to give a driver the appropriate right of way, passing improperly, and violating traffic signs. Commission of two or more of these actions constitutes aggressive driving.

Road rage incidents seem to follow a few general patterns. For example, they tend to occur during the summer months, later in the week, and during the evening rush hours. Teenage drivers and drivers of convertibles commit more acts of road rage than the rest of the population.

When Does Road Rage Merit a Lawsuit?

An act of road rage in and of itself doesn't automatically provide grounds for a lawsuit. Even if an aggressive driver honks at you, cuts you off, or maintains too tight a space behind your car, you can't file a lawsuit against that driver unless those actions actually caused you to sustain tangible or intangible damages.

In a standard car accident, the other driver's auto insurance would likely cover at least some of the damages. However, auto insurance policies generally don’t cover intentional acts, meaning that the insurer won't provide you with any compensation. You may therefore need to file a lawsuit to get that compensation.

How Do You Pursue a Road Rage Lawsuit?

If you wish to pursue a successful lawsuit against a driver who has committed an act of road rage, you must satisfy the same basic demands that most personal injury lawsuits make. Your attorney must show that the driver owed you some duty of care, that the driver violated that duty, and that the violation directly led to your damages.

Drivers sharing a road obviously owe each other a duty of care by driving safely and obeying traffic laws. An enraged driver who engages in aggressive driving behaviors against you has violated that duty of care. If the driver's actions caused personal injuries, deaths, or car damage, your case satisfies all three requirements.

However, don't expect a bruise or two to represent sufficient evidence of a personal injury in a road rage incident. To claim and receive significant financial compensation, you may need to demonstrate that the injury caused a permanent outcome such as scarring, loss of a limb, or loss of physical function.

What Kinds of Damages Can You Receive?

As in other types of personal injury cases, attorneys in road rage cases may find opportunities to request several kinds of damages. Perhaps most obviously, your attorney may seek compensation both for medical expenses you’ve incurred and for future medical expenses you may incur as the result of an injury.

A serious injury from a road rage incident may leave you unable to work. If so, your attorney may request compensation equal to your lost past and future wages. This compensation may prove critical if your disability prevents you from returning to the workforce indefinitely.

Intangible losses may also merit compensation. One such example involves pain and suffering. If you struggle with ongoing physical and emotional pain from a traumatic road rage incident, or if the incident has wreaked havoc on your home life, your attorney may seek compensation on those grounds.

In some cases, a court may wish to make an example of a driver who has willfully committed a malicious act of road rage that resulted in personal injury or death. To discourage the public from future road rage acts, the court may award punitive damages on top of whatever compensatory damages you originally sought in your lawsuit.

If a lawsuit seems like the only way you can receive the financial compensation you need in the wake of a road rage injury, contact the Law Offices of David A. Helfand, P.A. Our skilled legal experts can examine the facts, determine whether you have a strong case, and then present that case to a Florida court.

Cycling Risks | Law Offices of David A. Helfand, P.A.

Wed, 26 Oct 2022 18:40:20 GMT

Bicycling is an excellent way to enjoy Florida's natural beauty, stay in good physical condition, and help the environment. Unfortunately, though, it also puts you at additional risk when out on the road. What higher risk factors do bicyclists face? Can you be held liable for any of those risks if you are in an accident? And how can you best protect yourself while cycling? Here are a few things that every cyclist needs to know.

What Added Risks Do Cyclists Face?

Every driver, pedestrian, motorcyclist, and bicyclist on the road faces a certain level of inherent risk. After all, traffic, bad weather, and unforeseen emergencies can happen to anyone. But a bicyclist's risks are often higher. In addition to dangers from drivers who speed, change lanes without signaling or looking, drive while intoxicated, or are distracted, cyclists face unique dangers like these:

Dooring . Dooring usually occurs when a driver opens their driver-side door into the path of an oncoming cyclist, who has difficulty avoiding a collision.
Crossing Bike Lanes . Where there are bicycle lanes, these are often simply positioned on the side of the road itself. Drivers who may be cautious about not drifting into other vehicle lanes may be careless about drifting into bike lanes.
Right Turns. When a driver turns right, they generally expect fewer potential obstacles from this direction. So they may not be diligent about checking for bicycles.
Aggressive Tactics. Car and truck drivers may get angry or frustrated at bicyclists who they feel hinder their progress. The driver may honk, tailgate, swerve, yell, or otherwise try to intimidate the cyclist. This aggressive behavior boosts the chances of a dangerous collision.
Lack of Protection. Pedestrians and bicyclists are generally the least protected users on any road. This means that more injury can happen from a lesser crash than one among vehicles.

These extra dangers shouldn't put off cyclists from enjoying their rides. But they do show that you may need to work harder to protect yourself and others.

Why Is It Legally Important to Mitigate Risks?

Every bicycle rider should act defensively to protect themselves from harm. Keep your bike in good condition, make sure it fits you properly, know the rules of the road, and be alert to danger while biking. But things like these go beyond just your sense of self-preservation. They also help you avoid accusations of having contributed to an accident in which you are involved.

For instance, consider a bicyclist who rides at night. Putting reflective materials or lights on their bicycle shows that they have taken reasonable precautions to prevent harm to themselves. This is a key factor to determine if they hold any liability if a passing car doesn't see them. However, the driver's insurance company may argue that failure to take these reasonable steps gives them some liability for the accident.

Can You Be Penalized for Your Accident?

Florida, like a number of other states, uses a legal standard known as comparative negligence in personal injury law. In the above auto versus bicycle collision, the insurance company or the driver would no doubt attempt to prove that you were at least partially at fault because you didn't take the reasonable precaution of using lights at night.

If the jury finds this to be so, they may assign a percentage of liability to you and to the driver (or other liable parties). They may assign you 25% of the liability, for example. While they may still award you damages for your injuries and financial losses, these would be reduced by 25%.

How Can You Protect Yourself After an Accident?

As with any accident, the cyclist's first priority is always to protect life and health. Get proper medical attention, whether or not you have immediately identifiable injuries. You should also get the driver's contact information and insurance details. Many bicyclists find it helpful to call the police and request a police report for later purposes. This helps identify the causes of the accident and who may be liable.

Preserve as much evidence from the scene of the accident as possible. Take photos — both close-up and from a distance — from as many angles as possible. Photograph injuries and damage to your bicycle. Get names and contact information from anyone who saw the accident. Remember that even though the driver is likely to be presumed to be at fault, you never want to assume that no one will accuse you of contributing.

Where Can You Learn More?

Have you been in an accident as a cyclist on the road? Do you want to know more about protecting your rights? Start by meeting with the Law Offices of David A. Helfand, P.A. , today. For more than 25 years, we've assisted Florida accident victims to get the help and compensation they need. Let us help you too.

What to Know About Workers' Comp and Personal Injury Cases

Thu, 19 May 2022 20:41:55 GMT

FAQs About Bicyclist Rights in Florida

Tue, 19 Apr 2022 18:01:12 GMT

Accident at Work? Avoid These 6 Workers' Compensation Mistakes

Tue, 19 Apr 2022 15:04:23 GMT

When you're injured at work, taking the right steps is vital. That means not only knowing what to do but also what not to do. To help you protect yourself after a work-related accident, here are a few of the most common workers’ compensation mistakes that employees make and how you can avoid repeating them.

1. Not Reporting the Injury

First of all, don't make the mistake of failing to pay proper attention to an accident or injury. Those who work with heavy equipment or dangerous tools may take for granted small incidents and what seem like small injuries. But don't feel you must be the metaphorical tough guy. Your employer has a legal responsibility to provide a safe workplace and to care for their employees if things happen.

In addition, remember that many injuries don't appear right away or may even get worse after the initial period passes. You should always start with filing a prompt report so you have a basis for any future claims you may need to make. In Florida, you generally must do this within 30 days.

2. Not Getting Medical Treatment

Along with failing to even report the accident, an employee may make the error of not seeing a doctor or other reputable medical provider.

You can't evaluate your own injuries or the potential consequences of the accident. You need a competent professional to do this. If you don't seek medical evaluation right away, you will have a much harder time linking any future repercussions to the accident. You may even miss a deadline imposed by your state rules.

3. Not Following Medical Advice

Once you see a medical provider, follow their instructions to the best of your ability at all times. This can be difficult for busy workers, but it's a vital part of the workers’ comp process. If the doctor prescribes medicine, take it without fail. Do they recommend physical therapy or follow-up appointments? Make all your appointments conscientiously. Are you given home routines to follow? Follow them diligently.

Keep records to document yourself following these medical directives. Get copies of medical reports and orders. Document how and when you follow home exercise regimens and take appropriate medications. Create a log of medical appointments so you don't forget any important follow-up visits. Your attorney can use these documents to counter any claims that you may not be as injured as you claim.

4. Posting on Social Media

As with any personal injury case, a worker with an open workers’ comp case must think carefully about their online usage. Anything put on the internet could be used against you during negotiations or in court.

If you post a seemingly harmless photo of yourself gardening, for instance, the insurance carrier's attorneys might argue that your injuries aren't that bad. Photos of having drinks with friends? They may claim alcohol could have contributed to the accident. What about friends' and acquaintances' social media? Anything that could remotely involve you — including posts, comments, and photos — can all be misconstrued.

Some employees decide to forgo all social media use until their cases are resolved. Others restrict their usage under the recommendations of their attorney and ask friends and family to do the same. Your attorney may also suggest you make accounts private for the duration of the claims process.

5. Not Knowing Your Rights

Insurance carriers and attorneys know that the average person isn't familiar with the workers’ compensation process. They also count on employees not fully understanding their rights under federal and state law. For example, what if you made some mistake that contributed to the accident? Even if you were partially or primarily at fault, Florida law still provides you with financial protection.

You may also receive a myriad of confusing notices and forms, some of which may cause you to unwittingly give up some rights. Always remember that the workers’ comp carrier's goal is to protect their interests — not yours — so they should never be your primary source of information and answers.

6. Not Trusting Your Attorney

Your workers’ comp lawyer is your primary resource through this process. But they need all the information you can give them in order to pursue your best interests. So be honest and forthright with them when covered by confidentiality rules. They may need to know relevant things like prior injuries, prior workers’ comp claims, any alcohol or drug use, current and past medical issues, and anything that an opposing attorney could use to discredit you.

Your attorney will, in turn, advise you on how to communicate about your injuries. They'll help you communicate about the severity of those injuries without overstating or understating the situation. Following their guidance will help you maintain a strong case for compensation.

Where to Learn More

Want more tips for avoiding the mistakes that other employees in your situation have made? Start by meeting with David A. Helfand P.A . We've assisted Florida workers with all their workers’ compensation and personal injury needs for nearly three decades. Call today to make an appointment and learn how we can help you too.

Your Right to a Safe Workplace: Understanding OSHA

Mon, 06 Jul 2020 17:43:36 GMT

No matter what your job is, your employer is required by law to make it safe for you to work. The Occupational Safety and Health Act of 1970 (OSH Act) was made to prevent workers from being injured or killed in the workplace. This law created the Occupational Safety and Health Administration (OSHA).

OSHA is there for you, your safety, and your legal protection. Read on to understand OSHA and your legal right to working conditions that are free of danger.

Know Your Rights

The OSH Act and its enforcement agency, OSHA, place worker safety under strict government protection. OSHA offers training and assistance to employers but exists for the rights of employees.

Your OSH Act Rights

Here are a few of your basic rights under the law:

· You have the right to basic training on equipment and procedures in a language you can understand. If English is not your primary language, your workplace must provide an appropriate translation.

· You have the right to file complaints with your employer anonymously and without repercussions.

· You should be able to participate in OSHA inspections and have the ability to speak privately with inspectors.

If any of these rights are restricted at your workplace, your employer could be in violation of OSHA.

Your Employer OSH Act Mandates

Your employer is required to follow several important rules. They must:

· Display the official OSHA poster detailing your employer rights

· Regularly test air quality and other environmental standards, where required

· Provide appropriate training, alarms, labels, and signs regarding potential workplace dangers

· Report injuries, illnesses, hospitalizations, amputations, eye injuries, and death

If your employer fails these mandates and accidents occur, you could have a case for employer negligence.

Evaluate Your Workplace Conditions

When you know your rights and the responsibilities of your employer, you can take charge of your safety and health and check for OSHA compliance at your workplace.

Common Workplace Hazards

According to a comprehensive workers’ compensation study, material handling, trip and fall accidents, object collisions, tool use, and repetitive trauma are the top five causes of workplace injury. Manufacturing, construction, agricultural, and health care jobs often top the ranks for workplace injury claims. However, all workplaces can pose potential risks that should be evaluated.

Workplace Hazard Evaluation

Although you may perform a job with some inherent dangers, these should be controlled as much as possible. Ask yourself a few important questions:

· Do I receive proper training on the equipment I am required to use?

· Am I given proper personal protective equipment (PPE), such as masks, earplugs, gloves, and hard hats?

· Does my workplace have adequate ventilation and climate control?

· Are complaints treated with respect by my supervisor?

· Have I seen injuries happen or heard my coworkers complain of chronic pain and health issues that could be job-related?

· Have my coworkers been disciplined or even fired over safety complaints?

· Do I feel safe and protected at my workplace?

If you answer no to any of these questions, you may need to take action to protect your rights.

Stand Up for Your Rights

If you find that your employer is in violation of your OSHA protections, you can take action in the following ways.

Report Hazards

If you notice unsafe working conditions, you should report them for both your safety and that of your coworkers. You can report unsafe conditions, such as:

· Excessive heat

· Missing guards on equipment

· Lack of proper safety signage

· Slippery surfaces

· Heavy fumes

Seek Legal Help

Several employer actions, whether direct or due to negligence, may qualify you for monetary compensation:

· Illegal disciplinary action. You are unfairly targeted when you speak out about or report workplace risk.

· Illegal termination. You've been fired for being a whistleblower, exposing safety hazards, or refusing to perform tasks under unsafe conditions.

· Workplace Injury. You received a direct injury, such as a cut, sprain, break, burn, or concussion. You received the injury due to hazardous conditions, excessive strain, missing or faulty machinery guards, or the lack of proper PPE.

· Chronic health issues. You suffer from health problems caused by dangerous workplace exposure levels, like chemical fumes, dust, and other toxins. You suffer from ailments like arthritis, tendinitis, and back pain due to excessive job task strain.

If any of the above situations apply to you, or if you have questions about potential OSHA violations at your workplace, contact the Law Offices of David A. Helfand, P.A . Our legal team can help you take the action required to ensure your employee protections.

What You Should Know About Wrongful Death Lawsuits

Wed, 30 Jan 2019 01:40:09 GMT

If you have a loved one who recently passed and you believe someone is responsible for their death, you may be considering filing a wrongful death lawsuit so you can continue to support yourself and your family without the help of your loved one.

Before you file a lawsuit, check out these facts you should know.

The Settlement Is Largely Based on Pecuniary Injury

Pecuniary injury is just another term for financial injury, which is the foundation for your settlement offer. As with a personal injury case, this usually includes any medical bills related to the accident, but it will also likely cover the cost of funeral expenses too. If there was physical damage to something like your car, the cost to repair or replace the car is usually considered.

Of course, in many cases, when a loved one dies you also lose a source of income, which can drastically impact the family. Therefore, pecuniary injury also includes the loss of earning capacity. In other words, you lose out on all the money your loved one would have made in the future. This amount includes wages and retirement accounts, such as a 401(k) account.

Other Types of Damages May Also Be Considered

When a loved one is taken suddenly and wrongfully, it's not just financial injury you face. You may also have non-pecuniary damages. These damages may be related to emotional pain and suffering, such as depression and anxiety.

Pain and suffering, however, can also include a reduced quality of life due to the accident, such as a negative impact on your relationships or no longer being able to enjoy old activities.

If the wrongful death was caused by gross negligence, or the person purposely wanted to hurt your loved one, you may also qualify for punitive damages. This situation is uncommon in wrongful death cases, with the exception of elder abuse cases involving neglectful nursing homes.

Settlements Are Based on a Formula

Your final settlement is based on pecuniary injuries and non-pecuniary injuries. However, before a settlement can be made, the court or insurance carrier will need to determine the extent of your future pecuniary injuries. In other words, they will try to estimate how much more money your loved one would have made if the accident did not occur.

This process is done by considering your loved ones education and work history to determine how long your loved one would have worked and if they would have advanced.

However, the court will also consider your loved one's overall health (mental and physical) and how often they participated in high-risk activities, such as skydiving. The better your loved one's health and the fewer risky activities they perform, the bigger the settlement.

The Judge Can Overturn a Jury's Decision

Ideally, the insurance company will offer you a fair settlement, so you don't have to go to trial. But if that doesn't happen, you'll probably need to hire an attorney and file a lawsuit to get the settlement you deserve. Then, a jury typically decides the final fair settlement offer.

A judge, however, can overturn a jury's decision, but they will only do this if they have information the jury is lacking or didn't consider. For example, perhaps a rough economy caused your loved one to be unemployed at the time of their passing. This would result in a low settlement, but if the judge sees your loved one had a stellar work history otherwise, they may increase the settlement.

Losing a loved one is never easy, and in many cases, it leaves you with financial burdens you can't afford. With a wrongful death settlement, however, you get the money you deserve. If you would like to know more about wrongful death lawsuits, contact us at the Law Offices of David A. Helfand, P.A., today.

Negligence and Workers’ Comp | Law Offices of David A. Helfand, P.A.

Mon, 03 Dec 2018 01:41:51 GMT

Workers’ compensation is set up by employers as a way of keeping their employees financially solvent after an injury. Compensation will typically kick in for most injured individuals regardless of either employer or employee negligence in the wound.

Unfortunately, some employers may try to deny these claims and leave an employee in a tough financial situation. Therefore, anybody injured at work due to their own negligence must understand the complexities of this process and how they can appeal any compensation denials.

Workers’ Comp Covers Some Employee Negligence

Workers’ compensation covers most cases of injuries caused by employee negligence. For example, if a worker neglects to take proper lifting procedures while picking up heavy goods, their back injury will still be covered by workers’ compensation.

Moreover, persistent problems, like lower-back pain caused by poor sitting posture at a desk, will also be covered by workers’ compensation. Employee negligence is rarely a factor in these cases because the injuries still occurred at work and were a direct result of the injured person's work duties. However, some types of employee negligence will immediately cause claim denial.

Employee-Negligence Injuries Not Covered by Workers’ Comp

Any injury suffered on purpose by an employee is not covered by workers’ compensation. For example, an employee who cuts their hand on purpose during their job duties will not receive payment. Denial of such claims occurs because the employee is attempting to take advantage of the compensation system for their gain.

Furthermore, any injuries suffered while a person violates company policy are not covered. For example, individuals may neglect following strict protocol during a difficult forklift procedure and end up suffering severe injuries. Denial of these damages occurs because the individual failed to follow company guidelines according to their contract.

Just as importantly, workers’ compensation denies any injuries experienced while breaking the law. For example, individuals injured due to drinking alcohol or smoking marijuana at work will not receive payment.

Unfortunately, employers may try to argue that their employees were engaged in any of the actions mentioned above — even if they weren't — as a way of denying coverage.

Employers May Try to Deny Coverage

Workers’ compensation payment comes from an insurance policy purchased by the business to help injured employees stay financially solvent while out of work. Therefore, most businesses don't fight too hard against workers’ compensation claims. However, some businesses may try to deny compensation claims due to employee negligence.

The reasons behind these denial claims will vary. For example, the employer may just not like the individual and attempt to hurt them by denying payment. Other employers may be concerned about increased insurance rates from their compensation provider and may try to negate it with denial.

Thankfully, denied workers’ compensation claims appeals help employees who were negligent but not criminal in their injury. And in most cases, a person appealing a denied claim will still receive a portion of their workers' compensation.

Appealing the Decision May Help

Most workers’ compensation claim appeals start in mediation with a non-biased official. Mediation provides individuals with a mediator who can argue for their rights and try to get some form of compensation for their injury. New evidence is not allowed during this mediation, though, so the plaintiff must use the details provided during the initial denial

However, if the case cannot be sorted out in mediation, a trial may be necessary. In a compensation trial, the injured employee must show that their negligence was not self-inflicted or criminal, which may be challenging to do alone. So please contact the Law Offices of David A. Helfand, P.A., right away if you are in this type of case and need help getting your deserved workers’ compensation.

Common Wrist Injuries After Slip and Fall Accidents

Thu, 01 Nov 2018 17:36:09 GMT

The normal reaction when you feel yourself falling is to reach out with your hand to stop yourself. Unfortunately, this reflexive action typically leads to falling onto your outstretched hand, which is referred to as a FOOSH (fall on outstretched hand) injury.

The wrist is a complex part of your body. If you've suffered a FOOSH injury at your workplace, you may miss work and even require special medical attention. Below are some of the most common wrist injuries from slip and fall accidents.

Wrist Sprain

A FOOSH injury can result in a sprained wrist. The wrist probably hyperextended when you hit the ground. This twisting caused the ligaments that support the tiny wristbones to stretch beyond their limits. Sometimes the ligaments even tear.

Wrist sprains come in three grades, ranging from mild to severe. The severity depends on whether the ligaments are torn. The symptoms of a sprained wrist are similar to a sprained ankle — swelling, bruising, and tenderness. You may feel popping or tearing inside the joint, which likely means the tendon has torn.

With mild and moderate sprains, icing the wrist and using a compression bandage to reduce the swelling is usually enough. You may also need to wear a wrist brace for a while, and your doctor might recommend some stretching. In severe cases, you may need surgery to reattach the ligament to the bone.

Avulsion Fracture

A particularly severe case of a wrist sprain can result in an avulsion fracture. In this case, the force of the hyperextension causes the tendon to separate with such violence that the tendon takes a chip of the bone with it.

Symptoms of an avulsion fracture include those for a sprained wrist, but the effects are more intense. You'll feel sharp pain in the wrist, and movement of the joint will be very limited. You'll probably feel instability in the area and, perhaps, even a loss of function.

Luckily, avulsion fractures usually heal on their own without surgical intervention. Typically, immobilizing the wrist will be sufficient. Your doctor may suggest exercises that help strengthen the surrounding muscles and improve your range of motion.

Scaphoid Fracture

The most common fracture from a FOOSH injury is of the scaphoid bone, which is a small, boat-shaped bone located near your thumb. The scaphoid is responsible for motion and stability in the wrist.

With a scaphoid fracture, the pain and swelling will be localized to the area just below your thumb. If the fracture is mild, you may mistake it for a sprain. However, the symptoms can persist long after the injury occurs. The most common treatment for a scaphoid fracture is wearing a cast for several weeks. If you have displaced bones, you may need surgery.

For severe scaphoid fractures, you could have a large list of restrictions even after the fracture heals. These restrictions may limit your capability at work.

Thumb Sprain

Even if your slip and fall doesn't result in a fracture, the accident will still likely impact the area around the thumb. In this case, the ulnar collateral ligament, which is specific to the thumb, can hyperextend or even tear. You'll feel pain and swelling as well as a loss of mobility in your thumb.

Treatment for a thumb sprain is the same as for a wrist sprain. However, attend well to the sprain in case it does turn out to be a scaphoid fracture. Indeed, if you at all suspect a break, have your doctor do an X-ray.

If you suffer a FOOSH injury from a slip and fall at work, take careful note of all required treatments as well as time off and work restrictions. You may be eligible for workers' compensation. Contact the Law Offices of David A. Helfand, P.A. , for more information about your case.

Can You Make a Personal Injury Claim for an Injured Child?

Fri, 07 Sep 2018 20:21:03 GMT

When your child is injured, your first reaction is to seek the best possible care and treatment for their injuries. Yet when the medical bills arrive, your thoughts might turn to negligence and the potential for receiving compensation for medical costs, pain and suffering, and lost future enjoyment of life on your child's behalf.

If someone else's mistake caused your child's injury, even by accident, then you may have a claim for compensation. Personal injury claims involving injured children are complex, so you need to know the facts before beginning the legal process.

Making a Claim on Behalf of Another

As one of the parents of an injured child, you have a legal right to pursue a personal injury claim in their name and on their behalf. Either parent can initiate the process on his or her own in most states. Legal guardians are also included within this category.

However, you cannot personally benefit from the financial compensation awarded for the injury. The court requires that the money be only for their care and needs, even if a parent is involved in the process of making the claim.

Seeking Court Approval for Settlements

Most people settle personal injury cases out of court with a simple agreement and payment situation between the negligent party and the injured person. However, when a child or minor is the injured party, state laws stipulate that the case must go to court regardless. Hashing out a settlement agreement in court allows the judge to verify the agreement is in the best interest of the child.

Considering Emotional Injuries

Many parents base their child's personal injury claim on medical bills alone. However, many children develop anxiety or post traumatic stress disorder after experiencing a serious or life-threatening injury at a young age.

Do not forget to add in the emotional impact of the event when planning your personal injury claim for your child. They may need ongoing counseling, therapy, or even courses of medication to completely recover from the psychological repercussions of a serious injury.

Your child will likely need to see a therapist or psychiatrist for an analysis before you add this kind of addition to a personal injury claim. Your lawyer can help you determine how to best document emotional and psychological impact for the case.

Keeping the Resulting Funds in a Trust

Since the court system is compelled to ensure the child receives the benefit of any financial compensation for personal injury, any money awarded as part of a settlement or judgment goes into a trust fund in the child's name.

The law generally names parents as the executors of the trust so they can apply some of the fund to ongoing medical costs and other needs of the child as they recover from their injury. However, other uses of the fund before the child turns 18 will likely require a judge's approval.

Estimating Future Effects of Injuries

For an adult to estimate how much income they will lose from a disabling or life-changing injury is often easier than a child is. Since a child does not have an established income or other information available for basing a claim amount, you will need a lawyer's help in estimating the right amount.

Prepare to take your child's injury case to court by contacting us here at the Law Offices of David A. Helfand, P.A. We will guide you through the personal injury claim process and make sure your child has the best chance at winning their claim or receiving a fair settlement offer. We understand how concerned you are about your child's injury, so please let us help you today.

Will Your Medical Malpractice Suit Go to Trial?

Fri, 23 Feb 2018 21:01:00 GMT

If you're currently considering a medical malpractice suit, you may be wondering whether you're going to have to go to trial. Giving testimony, talking in front of jurors, and being cross-examined may sound like an exhausting experience, but the truth is that very few cases are going to come to that.

Suspect a Nursing Home Is Abusing or Neglecting a Loved One?

Fri, 16 Feb 2018 02:53:00 GMT

For many Americans, placing their elderly parent in a nursing home is the best way to ensure they receive the care they need. Contact a law office today.

The Importance of Hiring an Experienced Motorcycle Accident Lawyer

Sat, 20 Jan 2018 13:27:00 GMT

Those who have experienced a motorcycle accident may not realize how their case differs from a normal automobile accident case. But in actuality, each case has significant differences that could cost the injured person a lot of money if they’re not addressed by a motorcycle accident attorney.

3 Reasons Patients Neglect to File Medical Malpractice Lawsuits

Fri, 01 Dec 2017 13:27:00 GMT

Doctors are only human, and like other humans, they sometimes make mistakes. Some degree of error is expected in medicine, but when your doctor's negligent actions lead directly to your injury or suffering, you might have a valid medical malpractice lawsuit. Sadly, many patients who would have valid lawsuits do not file because of common concerns or misconceptions about medical malpractice cases.

Bike Accident Victim: What You Need to Know

Wed, 01 Nov 2017 07:59:00 GMT

Getting into a bike accident is a very scary and dangerous event. When this happens, you might not know exactly what to do immediately following the accident. You will likely be disoriented too.

What to Do After a Car Accident in Florida

Tue, 03 Oct 2017 07:59:00 GMT

Your Guide to Wrongful Death Claims in Florida

Fri, 01 Sep 2017 18:55:00 GMT

If you are thinking about filing a wrongful death lawsuit, you may have questions. This guide will help you approach the lawsuit armed with knowledge.

5 Common Causes of Car Accidents

Wed, 02 Aug 2017 21:21:00 GMT

Here, we take a closer look at five common causes of car accidents.

Injury Documentation: What Will Help Win Your Case

Tue, 27 Jun 2017 22:30:00 GMT

Personal injuries leave people with medical bills and lost wages as well as pain and suffering. Read on for tips on documenting injuries after an accident.

Injury Documentation: What Will Help Win Your Case

Tue, 27 Jun 2017 22:30:00 GMT

Personal injuries leave people with medical bills and lost wages as well as pain and suffering. Read on for tips on documenting injuries after an accident.

Successfully File for Medical Malpractice

Mon, 22 May 2017 15:41:00 GMT

When a medical emergency strikes, you rely on the care and expertise of medical professionals to help you treat your symptoms. While complications from medical treatment could arise, it is important that you are able to recognize when these complications are the result of negligence. If a medical professional is negligent when it comes to providing the care you need, you may be eligible for financial compensation to help you combat the emotional side effects of a botched treatment and the cost of seeking additional medical care in the future. Here are 3 important tips to keep in mind as you work with an experienced attorney to mount a successful medical malpractice case in the future.