personal injury attorney

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

West Palm Beach Personal Injury Lawyer Deposition DON’TS

November 28, 2023 | by David J. Halberg, Esq.

If you’re a plaintiff in a Florida injury lawsuit, particularly one that’s on track to trial, it’s likely at some point you’ll need to undergo a deposition. It can be an intimidating prospect, but a skilled West Palm Beach injury lawyer can help ensure you are fully prepared. woman yellow shirt blue background swearing in at West Palm Beach injury lawsuit deposition

A deposition is a sworn statement given outside of a courtroom, but still under oath. They’re transcribed by a court reporter, and these days often video recorded. Sometimes, depositions can be done remotely. This isn’t generally the preferred method unless there are special circumstances (i.e., the witness lives far away). However, it is one that has become increasingly more common since COVID had virtually everyone on virtual video conferencing apps.

What is the Point of a Deposition?

In tort cases, depositions can prove pivotal in gathering information and evidence that will be key to the case. In general, both sides are going to leverage the deposition to question witnesses and:

Establish the events that led to the injury.
Detail the medical treatment plaintiff received as a result of the injury.
Delve into the impact the injury has had on plaintiff’s ability to work, personal relationships, and overall quality of life.
Identify inconsistencies in testimony.
Glean information from expert witnesses (if there are any) about their analysis, processes, and conclusions.

When a plaintiff undergoes a deposition, they should know that defense lawyers are likely looking for any statements that might:

Indicate you share part of the blame for what happened.
Implicate a pre-existing condition as the primary cause of your injuries.
Show your injuries aren’t as severe as you claim.
Reveal life hasn’t been as significantly impacted as you claim.
Uncover that you have not been fully truthful or consistent in your claims.

All of this can make a plaintiff feel very much “on the offensive.” It’s easy to get flustered, get loud, misspeak, etc. But when you know this is coming, you can better maintain your composure and complete the deposition without damaging your case.

Top Mistakes People Make in Personal Injury Case Depositions

How Are Palm Beach Personal Injury Settlements Paid Out in Florida?

July 29, 2023 | by David J. Halberg, Esq.

The vast majority of successful Palm Beach personal injury cases end in a settlement, as opposed to a trial. Trials are time-consuming, expensive, and sometimes traumatic for plaintiffs and their loved ones. But how are these settlements actually paid out? personal injury settlement Florida

Let’s start with the fact that if you hire an experienced injury attorney, you might not even need to file a lawsuit. Settlements can be reached by mutual agreement at any time – whether there’s a lawsuit or not.

Let the Negotiations Begin

You will probably need to submit a claim to the other party, but that’s not the same as a formal lawsuit. Skilled attorneys can sometimes negotiate favorable pretrial settlements within just a few weeks – possibly even days – without every stepping foot in a courtroom.

If those negotiations are failing and the defendant is refusing to pay you fair compensation, then it’s time to file a lawsuit. Under Florida’s new statute of limitations outlined in F.S. 95.11, you have a 2-year deadline in which to file your case. (Up until this March, it was 4 years.)

That said, settlement negotiations can continue all the way up to trial – and even at any point prior to a verdict. Ideally though, they’ll conclude sooner than later and in your favor.

Although the Palm Beach personal injury claim is technically against the individual who was allegedly negligent in causing the harm, negotiations typically involve insurance companies and their attorneys. That’s because it’s probably ultimately going to be the insurer who pays out the claim.

But even once you reach a settlement, the insurer isn’t automatically going to just cut you a check. The insurer is going to want to protect themselves and their client from any future claims of liability. Before paying up, the insurer will want you to sign a final release. It’s really important that you read over the terms of this release before signing anything. These documents can contain language that can come back to haunt you – particularly if you have latent injuries OR there are other defendants from whom you might still be seeking accountability. The final release stipulates that you forever waive your right to pursue this case in exchange for the agreed-upon payout. It’s not uncommon for these releases to include language that you agree to forfeit your right to make future claims for this incident against any party. If there are other defendants with cases still pending, you really must be careful about this.

Liens & Bills to Be Paid

South Florida Personal Injury Lawsuit Proof Burdens, Explained

May 12, 2022 | by David J. Halberg, Esq.

The process of pursuing a South Florida personal injury lawsuit can seem convoluted. If your injuries are serious, you really should be working with a dedicated personal injury attorney to help guide you through the steps and ensure you aren’t being taken advantage of by other stakeholders. In any case, having a base knowledge of the legal jargon you’re likely to encounter is important. One phrase you may hear frequently is “burden of proof.” South Florida injury lawyer

What is a Proof Burden?

The burden of proof is, at its core, a responsibility. It refers to the legal requirement that determines the viability of a claim based on the factual evidence produced.

A proof burden is indicative of both production AND persuasion. In other words, it identifies who bears the greater responsibility to produce the evidence, as well as the minimum standard one must meet in order for the court to consider a fact (or set of facts) to be legally proven. The difficulty of one’s proof burden depends on the type of case.

In criminal defense cases, the prosecution must prove their allegations of a defendant’s guilt beyond a reasonable doubt. That is recognized as the most stringent proof burden in the legal system. The judge or jury must be convinced there is no other reasonable explanation that can come from the evidence at trial. The intention is for jurors to be virtually certain of the defendant’s guilt before rendering a guilty verdict.

In South Florida personal injury cases (handled in civil court), the plaintiff, or person who experienced the harm at the hands of the other, bears the proof burden. That means they, rather than prosecutors, must establish the truth of their claims, and they must do so by a preponderance of the evidence standard. This requires that the court find there is a greater than 50 percent chance the plaintiff’s claim is true. In tort matters (like injury lawsuits), prevailing will compel the defendant to pay fair compensation. Continue reading

How Often Do West Palm Beach Injury Lawyers Win?

April 26, 2022 | by David J. Halberg, Esq.

If you’re considering hiring a West Palm Beach injury lawyer, one of the primary factors to weigh is the attorney’s track record of success in similar claims. That said, you should know that when personal injury lawyers agree to take on a case – whether it be following a car accident, medical malpractice incident, or some other injury – they’re often successful. There are a few reasons for this. West Palm Beach injury lawyer

First off, not many cases actually go to trial. Of course, movies and television shows may make it appear as if courtroom trials are the norm. They are not. Trials are incredibly taxing – emotionally, financially, and time-wise. They’re also unpredictable, so they can be a risk for both sides. Almost everyone involved, at least at the outset, is usually committed to resolving the matter without going to trial. Sometimes, claims can be settled without even filing a lawsuit. However, a good injury lawyer won’t shy away from proceeding to trial if it’s your best bet. Still, it’s generally considered a last resort when fair resolution through skilled, determined negotiation has failed. (Failure of either side to accept a fair, pre-trial settlement offer from the other can actually have financial consequences, per Florida law.)

Secondly, while no attorney can promise you a favorable outcome, the contingency fee arrangement through which injury lawyers are paid allows you to have greater confidence in the strength of your case. As outlined in F.S. 16.0155, contingency fee arrangements mean that the plaintiff’s attorney is not paid their attorney’s fees unless and until you win. If you are successful, your attorney’s fees are deducted as a pre-agreed-upon portion from the overall damages awarded in a final settlement or verdict.

To be blunt about it, Florida injury lawyers are not likely to take on cases with very long odds of actually winning. But this ends up having several key benefits for injury case claimants. Continue reading

Palm Beach Personal Injury Lawsuit: Better to Settle or Go to Court?

September 29, 2021 | by David J. Halberg, Esq.

The vast majority of Florida personal injury lawsuits – whether they stem from car accidents, slip-and-falls, medical malpractice, or product liability – will be settled before they go to trial. This is because trials are expensive, arduous, drawn-out affairs that are a gamble for both sides. That doesn’t mean it’s always a good idea to settle and never a good idea to go to court. However, it does mean that you should be in regular communication with your lawyer, carefully weighing all the options on the table in your Palm Beach personal injury lawsuit.

Understanding what recourse you have, the viability and value of your claim, is essential to making wise decisions. To do that, you must have an experienced personal injury lawyer – one who is prepared and capable of taking your case to trial if it comes down to it.

The primary reason to take a case to trial instead of settle is when the defendant and/or insurer refuses to pay fair compensation for your losses. Continue reading

How Much Time Do I Have to File My South Florida Personal Injury Lawsuit?

February 27, 2021 | by David J. Halberg, Esq.

Almost all legal actions in Florida are subject to a statute of limitations. This is a narrow window of time during which a case must be filed. In civil litigation, victims (not prosecutors) are responsible for pursuing claims. South Florida injury lawyer

There is no law that automatically requires people responsible for causing harm to compensate you for it. However, they (or their insurers) can be compelled to pay with a civil claim or lawsuit. But you don’t have unlimited time to do this. Depending on the circumstances, that narrow window of opportunity may be fast closing.

Even if you think you still have a decent amount of time, your legal team may need every spare moment to investigate and build your case. Doing so could even help avoid a drawn-out legal battle. Often, strong cases settle sooner because insurers and defendants know it isn’t worth a protracted fight. Continue reading

Report: Kids’ Palm Beach Bicycle Accident Injuries Up Nearly 170%

June 30, 2020 | by David J. Halberg, Esq.

With more children and families sticking closer to home this summer, the risk of a Palm Beach bicycle accident resulting in severe injuries is higher than ever. Safe Kids Palm Beach County reports that traumatic injuries suffered by children in Palm Beach County bicycle accidents has shot up nearly 170 percent in recent months. Eight kids were treated locally for serious bike crash injuries in just five weeks. Palm Beach injury lawyer

The non-profit kids’ safety organization indicated most of the bicycle accidents involved collisions with cars. More than 90 percent of riders treated at local hospitals weren’t wearing helmets and suffered some type of brain injury.

“Kids think they’re invincible,” the SKPBC director told WPTV recently.

That may be true, but our Palm Beach County injury attorneys want to stress it doesn’t give a free pass to drivers who are distracted, speeding or otherwise careless – particularly in residential neighborhoods where one would expect to see more children on bicycles right now. The failure of a child to wear a helmet won’t excuse a negligent motorist from liability either. Continue reading

South Florida Personal Injury Lawyers Continue Serving Clients Remotely

April 1, 2020 | by David J. Halberg, Esq.

Our South Florida personal injury lawyers have counseled clients through some very difficult times – auto accidents, elder abuse, hurricane claims and instances of medical malpractice. Whether negligence or a natural disaster, the one constant has been our commitment to continue advocating for our clients. It’s what we do.

South Florida injury lawyers

The current public health crisis is unlike anything most of us have ever experienced.

We understand our clients have questions about what these circumstances mean for pending cases. We have been personally reaching out to each and every one to update them on the status of their claims.

Others have concerns about the novel legal questions this situation might present. Our team remains available to you through via phone, video conferencing and email. We also continue to offer free initial consultations through these mediums. Continue reading

When the Defendant in Your Florida Civil Injury Lawsuit Dies

August 20, 2019 | by David J. Halberg, Esq.

Florida civil lawsuits don’t die just because a defendant does.

This question has been raised repeatedly in recent days following the death of billionaire Florida financier Jeffrey Epstein, suspected of being the central figure in a longtime child sex trafficking ring. He was convicted of solicitation several years ago, received (by all accounts) a “sweetheart deal” from a federal prosecutor who went on to become U.S. Labor Secretary (since resigned) and was facing new criminal charges in New York. He died several weeks ago of an apparent suicide while in custody awaiting trial on the newest charges. injury lawyer

The 66-year-old’s death means that the criminal case against him personally has been dismissed. It does not, however, mean the end of sexual abuse civil lawsuits pending against him by his alleged victims. Most were minors at the time they were allegedly lured into a human trafficking operation that involved the extremely wealthy and powerful.

Now, Epstein’s $580 million estate and its executors have been named defendants in a growing number of civil cases filed by his accusers. Those cases are not closed just because Epstein is dead. Continue reading