Palm Beach injury lawyers

How West Palm Beach Injury Lawyers Identify Solid Settlement Offers

December 20, 2023 | by David J. Halberg, Esq.

In West Palm Beach personal injury cases, there is strong incentive for both sides to settle things out-of-court. Trials are expensive, time-consuming, and often emotionally-wrought. Florida statute also provides strong incentive: If either side rejects a reasonable settlement offer and the end result at trial is a judgment ends up being fairly close to that amount, the party who rejected the offer can be compelled to pay the other side’s attorney fees. personal injury lawyer West Palm Beach

As the plaintiff, even if you win, an order to pay the defense’s attorney fees can significantly cut into the amount of compensation you ultimately receive. So the question becomes: How do I know if a settlement offer is reasonable?

The best way to have high confidence is to hire an experienced West Palm Beach injury lawyer with a track record of success in cases similar to yours. They are going to instinctively have a strong sense of what your case is worth — and how to properly verify the figure they’re thinking of.

As skilled Palm Beach injury lawyers, we have a number of specific methods we employ to help us pinpoint that number.

Consider Economic Factors

You’ve heard the saying, “time is money.” That is one of the most compelling arguments for avoiding trial in a personal injury case. Sometimes they’re necessary – but they’ll almost always cost more.

The longer a case drags on:

The more work there is for attorneys, which translates to higher attorney fees for both sides.
The less the same amount of money is worth, thanks to inflation.
The more time the plaintiff will lose at work or spend traveling for court dates, depositions, etc.

Settling sooner rather than later is usually in your best interests – but only if the settlement offer is fair. It’s not uncommon for insurers to lowball plaintiffs. It’s important to have an experienced attorney who can help you decipher whether an offer is fair or not.

Retaining a Valuation Expert

Can I Sue for Loss of Enjoyment of Life in Florida?

October 12, 2023 | by David J. Halberg, Esq.

Damages in Florida personal injury actions are awarded with the intent of compensating plaintiffs monetarily for their losses. As our Palm Beach personal injury lawyers know, damages that first come to mind are things like medical expenses, loss of income, loss of earning capacity, and pain and suffering. But beyond the physical pain one has endured, there’s also the emotional response to that pain, which often includes the reasonable withdrawal from meaningful activities and relationships a person once enjoyed. This is what we refer to as “loss of enjoyment of life.”

Some jurisdictions include “loss of enjoyment of life” as part of the pain and suffering damage award, while others consider it a separate category of damages all its own. man in wheelchair in bedroom with wife suing for loss of enjoyment of life Florida Florida considers loss of enjoyment of life to be its own separate category of damages.

Let’s say that prior to a Palm Beach car accident, the plaintiff (injured person) was active in going to the gym, participating in recreational sports, volunteering with a local charity, and engaging in a satisfying physical relationship with their spouse. After the crash, they’re no longer able to enjoy any of those things, at least not in the same way as they once did. That’s loss of enjoyment of life.

The person would have been able to lead a normal lifestyle had it not been for the injury, but now they can’t. For this deprivation – in the past as well as what will be experienced in the future – plaintiffs can seek damages for loss of enjoyment of life.

As noted in Florida Civil Jury Instructions 501.2, there’s no exact standard for measuring such damage. It must, however, be “fair and just in the light of the evidence.” Non-economic damages such as loss of enjoyment of life are typically only awarded in Florida when one can prove that their injuries were serious and usually permanent.

The types of injuries that can impair your ability to enjoy life may include:

Traumatic brain injuries
Spinal cord injuries
Soft tissue injuries
Injuries resulting in chronic pain
Loss of sight or hearing
Severe scarring or disfigurement

Examples of Loss of Enjoyment of Life

Palm Beach Injury Lawyers on Attorney-Client Privilege: Definitions, Limitations & Protections

April 30, 2021 | by David J. Halberg, Esq.

If you’re considering hiring a personal injury lawyer in Florida, understanding the basics of attorney-client privilege is important. Your lawyer, or even one with whom you are consulting to possibly hire, is legally obligated to keep conversations about your case private. However, to ensure privacy is maintained, it’s necessary to know when and how to communicate and what kind of communications might not be shielded. Palm Beach injury lawyers

Privileged communication is a legal principle applicable in both civil and criminal cases. It involves interactions between two parties that the law deems protected because of the relationship between the two. Whatever is said or otherwise communicated between them is confidential, and neither can’t be forced or compelled to share it with anyone – including the courts or law enforcement.

Privileged relationships recognized by the law include:

Attorney-client
Doctor-patient
Therapist-patient
Clergy-congregant
Accountant-client
Spouses
Reporters (only applicable in some states and in some situations)