West Palm Beach injury attorney

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

South Florida Injury Lawyer Insights: What is a Demand Letter?

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

If you’ve been injured due to someone else’s carelessness or wrongdoing, the first step in pursuing civil damages is a demand letter. Palm Beach injury lawyer

Demand letters are the initial correspondence made by the plaintiff (person who was hurt) to the insurance company that provides coverage on behalf of at-fault or negligent parties. South Florida injury attorneys draft demand letters for cases involving car accidents, medical malpractice, premises liability, product liability, and other claims.

A well-drafted demand letter can potentially help you obtain fair compensation for your injuries while avoiding a personal injury lawsuit altogether. This is why it’s imperative that you work with an experienced Palm Beach injury attorney. It is inadvisable for personal injury plaintiffs to write their own demand letters because often these cases are more complicated than they appear at first blush. A poorly-written demand letter can significantly damage your case potential.

An injury attorney will help you apply the law to your case, determine the full extent of your damages, identify all potential defendants/at-fault parties, ascertain causes of action for your claim, advise you of your case value and viability and draft the demand letter to insurers. Continue reading

When Road Rage Results in Serious Florida Car Accident Injuries

June 20, 2021 | by David J. Halberg, Esq.

Road rage puts motorists at high risk of serious injury and death. And studies show people are aware that aggressive driving behavior is a major problem that contributes to traffic fatalities – yet 75 percent of U.S. motorists admit to driving aggressively. A higher percentage than that admitted in a survey to experiencing anger, aggression or road rage at some point behind the wheel in the 30 days prior. West Palm Beach road rage

It’s most commonly punctuated with tailgating, honking or yelling, though it’s defined as any extreme anger or aggression intending to create or cause physical harm. It might also involve:

Speeding in heavy traffic.

Pregnant in a Car Accident? South Florida Injury Lawyers Offer Insight.

March 23, 2021 | by David J. Halberg, Esq.

Any car accident can be traumatic and stressful. But when you are pregnant, all of this is compounded two-fold. The U.S. Centers for Disease Control & Prevention reports that car accidents are a top cause of injury and death for pregnant women and a leading cause of traumatic fetal death. pregnant car accident Florida

As our West Palm Beach car accident attorneys can explain, crashes can present unique and scary complications for both mother and child. Knowing some of these unique risks and what should be done immediately after can help empower victims and increase your chances for fair compensation from negligent drivers.

See a Doctor – Even if You Feel Fine

First thing’s first: If you’re in a crash, get to the doctor right away, even if you aren’t transported to a hospital via ambulance. This is a critical precautionary measure for both you and your unborn child. Continue reading

5 New Year’s Safety Tips From Our South Florida Injury Lawyers

December 20, 2020 | by David J. Halberg, Esq.

New Year’s celebrations are all about new beginnings – and many this year are especially eager to start the next chapter! South Florida injury lawyer

To help ensure 2021 starts on a bright note, our West Palm Beach injury lawyers are offering 5 Tips on New Year’s Eve Safety. This list is gleaned from our years of observing the top causes of preventable injuries in South Florida around this holiday. Continue reading

Florida Negligent Security Lawsuit: Apartment Owners Ignored Danger to Tenants, Guests

June 15, 2020 | by David J. Halberg, Esq.

A woman has filed a Florida negligent security lawsuit against owners of an apartment complex whom she says failed to protect her from a shooting that occurred after more than 1,100 calls for police assistance to the site.

The Ocala Star Banner reports plaintiff was one of two innocent bystanders injured in a shootout that left one man dead and another arrested on charges of second-degree murder. Florida negligent security lawsuit

Although it’s fairly early in the civil case, our South Florida premises liability attorneys know the history of crime at this complex will likely be central to the plaintiff’s success.

Local police department records reportedly indicate more than 1,100 calls for police assistance to the in the years prior for a range of crimes, including aggravated assault and battery, auto burglaries, auto thefts, robberies, drugs, child abuse and sexual offenses. Of those, more than 900 came from police presence from foot patrols the company requested and security details the company paid for. It’s not clear whether the apartment owner took any other additional security measures. Whether those security measures were adequate in light of the prior crimes will be a question for the jury. Continue reading

Challenges of Catastrophic Injury Lawsuits in Florida

November 22, 2019 | by David J. Halberg, Esq.

A $14.4 million verdict awarded in a catastrophic injury lawsuit was recently overturned by Florida’s 2nd District Court of Appeal, citing the binding settlement agreement plaintiff’s father had entered prior to trial for just $10,000 and the insurer’s good faith effort to pay the policy limits. Plaintiff is in a vegetative state following a 2010 car accident in which he was a passenger. South Florida injury lawyer

The case is a cautionary tale in why it is critical for anyone acting on behalf of a loved one after a catastrophic injury to consult with a personal injury attorney as soon as possible. Only certain individuals are authorized to handle financial and health care matters for someone who is incapacitated, but there is often confusion about how that process works.

It’s also not uncommon for insurers to swoop in as your “friend” early on in a case like this, trying to secure a low-ball settlement. Your case may be worth a great deal more than what they’re offering, but you won’t have the right to pursue it if you cash that check and release them from all future claims.

Why Catastrophic Injury Cases Require Experienced Plaintiff Lawyers

Catastrophic injuries are those that permanently prevent a person from performing work and enjoying life as he/she would have prior to the accident. Examples include:

Traumatic brain injuries;
Severe burns;
Spinal cord injuries;
Amputations;
Paralysis.

Most commonly, catastrophic injuries are the result of motor vehicle crashes, but they can also stem from construction site falls, medical malpractice or intentional acts of violence. Continue reading

Preventable Medical Error Caused Young Patient’s Death, Florida Lawsuit Says

August 25, 2018 | by David J. Halberg, Esq.

The parents of a 25-year-old South Florida man who died after a seemingly routine IV line removal are suing for medical malpractice, alleging Palms West Hospital made a preventable medical error – and then tried to cover it up. That’s what’s been reported in the Broward-Palm Beach New Times.

His mother told the newspaper that almost immediately after the line was pulled out, her son began clutching his chest, complaining he was unable to breathe. His oxygen levels fell dramatically and he began to convulse. The doctor who rushed in immediately asked the nurse if she’d just removed the central catheter. The man never regained consciousness after that, and died after his family agreed it was time to take him off life support.

The young man was in the hospital after relapsing into his addiction to opioids. Plaintiffs say the hospital tried to steer them away from staffers’ mistakes by telling them their son had died of “broken heart syndrome,” because of his guilt for relapsing. Of course, no such condition exists, and his family would later say this led them to suffer the pain of believing they were somehow responsible for not reassuring him of their steadfast support. They were not aware until the medical examiner listed his cause of death what had really happened: A burst of air entered his vein due to improper removal of a central line catheter. This was a preventable medical error, plaintiffs in this wrongful death action allege. Continue reading

Social Media and Your Florida Civil Injury Case: Be Careful What You Post

April 6, 2018 | by David J. Halberg, Esq.

By the end of last year, more than 2 billion people were actively using Facebook on at least a monthly basis. Instagram, meanwhile, serves about 800 million active users a month. Users of Snapchat upload approximately 10 billion videos daily. WhatsApp has about 1 billion users a month. So what does all this have to do with your South Florida injury lawsuit? personal injury lawyer

A lot if you have posted anything pertinent to:

The incident in question;
The people involved in the incident;
Any element that pertains to the incident;
Your mental/ physical condition or well-being prior to and after the incident.

Because a serious injury resulting from something like a car accident or a case of medical malpractice or a criminal attack is something that – of course – affects us very profoundly, it is understandable that many people share those details online. It’s almost become like second nature in this increasingly digital age.

But as the recent Congressional hearings of Facebook CEO Mark Zuckerberg reveal, there is an increasingly limited expectation of privacy regarding what we share on our “personal” pages – even when we limit privacy settings and contact lists. Continue reading