Drucker Law Offices

Please accept this question and response from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Miami-Dade County, injury attorney Broward County).

Generally, in Florida, automobile insurance policy are “occurrence” policies which means that as long as the incident takes place while the policy is in effect, then the insurance covers it.  Thus, generally as long as your automobile insurance is in effect at the time of the accident, it covers you.  This also means that by cancelling the insurance AFTER the accident, the insurance still will apply to the subject accident.  Thus, you can generally cancel your car insurance after an accident or switch insurance companies without it impacting the accident but it certainly would be recommended that you read your policy to be sure you have an “occurrence” policy or to speak to your insurance agent about it.

There are many advantages of staying with an insurance company, especially if you have been with them for a number of years.  Many companies offer discounts for customers that have been with them for a period of time.  Obviously, there can be advantages of switching companies, like if you are being offered a smaller premium for the same coverage.

If you have been injured in an accident where you believe the other car or the place where you were fell is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).  The law firm works on a contingency fee basis which means we only charge fees if we recover money for you.  It is a free consultation at any of our offices or at your home, your doctor office or at the hospital if necessary.  We will help you get your car fixed or totaled out, when we are representing you for injuries from a car accident.

Every case is unique and should be judged based on the specific facts of the case.  The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case.  A minor difference in the facts of the case in a fact pattern such as above could change the result.  Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.

We have an interesting topic today from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Broward County, injury attorney Lake Worth).

There is no simple answer to this question.  First of all, there is no injury referenced in the question.  The most common type of injury that we see in fall cases is neck or lower back injuries.  We see clients go to chiropractors, orthopedic doctors, primary care doctors, neurologists, physiatrist (rehab doctor) and others.  When someone has a knee or shoulder type of injury, the typical doctors would be an orthopedic surgeon or a primary care doctor (who would refer clients to specialists like orthopedic surgeons, in many examples).  Other common injuries are headaches and post-concussion injuries.  Here again people commonly see their primary care doctor who may refer them to a specialist and neuroligists who focus on brain and spinal injuries.  Choosing a doctor is a very personal decision.  When clients ask the law firm for help on this, I do my best to lead them in the right direction and much of the advise may depend on whether someone has health insurance or otherwise.  Certainly taking advise from the hospital physician in terms of a referral or from your primary care physician is a good starting point in terms of deciding what type of doctor to see after you fall at a business.

If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office in Boca Raton, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.

It is important to note that every case is unique and should be judged based on the specific facts of the case.  The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result.  Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.  This is intended as medical advise and is merely from the legal perspective in an injury case.

Please accept today’s question and response from the accident lawyer from Boca Raton (injury lawyer Downtown Miami, accident attorney North Miami, injury attorney Palm Beach County).

Yes, tripping on an uneven sidewalk curb MAY be a case but it MAY NOT be one also.  There are many factors into whether a fall case is a case.  As we have spoken about, solely because you fall on someone’s property does not automatically mean that you have a case or that they owe you anything for your injuries.  You generally must prove they were at fault or negligent in order to have a case.  You also must prove damages (medical bills, pain and suffering and so forth) and causation, that the damages are related to the accident.
Assuming there is fault of the business establishment, they very well may bring a comparative fault argument, suggesting that you were at fault.  If the fall was in the daytime, for example, they may argue that you had the last chance to avoid the fall, had you simply looked down.

If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties.  Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.

Of course, every case is unique and has to be judged based on the specific facts of the case.  The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result.  Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.

Today’s last topic the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Jupiter, accident lawyer Coral Gables) deals with damages in a case.

A common injury that happens in car accidents are “head” injuries.  These are where you are suffering from some sort of brain injury.  While some brain injuries can be catastrophic, others can be less of an injury but still an injury.  Doctors do diagnose people that have certain symptoms from banging their head (like football players) with a concussion.  These concussion injuries can go away, or in some instances they can linger.  Post concussion syndrome is an injury that we see in accident cases where people fall or in a car accident violently bang their heads.  These very well can be cases in Florida if property diagnosed.

If you have been injured in an accident where you believe the other car or the place where you were fell is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).  The law firm works on a contingency fee basis which means we only charge fees if we recover money for you.  It is a free consultation at any of our offices or at your home, your doctor office or at the hospital if necessary.  We will help you get your car fixed or totaled out, when we are representing you for injuries from a car accident.

Of course, every case is unique and has to be judged based on the specific facts of the case.  The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result.    Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.  Lastly, this is a legal blog and not intended to be medical advise in any way.

Here is another topic from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Lake Worth).

As we have spoken about before, in order to have a case, you must show the person or entity that you are suing is at fault (liability), that you sustained injuries (damages) and that your injuries were caused from their fault (causation).  You must prove all of these elements and if the defense disproves any ONE of them, then generally there cannot be a case.  Here, if you fell but were NOT injured, you would generally not have damages (you may be entitled to something legally for the embarrassment but I believe that would likely be nominal in most instances).  It would be an unfortunate incident but if no injuries, no medical treatment, and essentially nothing wrong with you, then there would be no damages and generally no case.  Yes, in such an incident, the store very well may have been negligent and did something wrong but if no damages ensued, this would generally not be a case.

If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties.  Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.

Every case is different and must be judged on its merits.  It is a good start to get a complementary consultation regarding an accident case in case this happens to you.  The advise contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

Please accept today’s topic from the accident lawyer from Boca Raton (injury lawyer Miami, accident attorney Boynton Beach, injury attorney Lauderhill, accident lawyer West Palm Beach).

Generally, an attorney cannot “force” his client to settle an accident case.   Indeed, one of the statement of client’s rights, which is required to be signed by the client in a contingency fee contract here in Florida, it states:  “You, the client, have the right to make the final decision regarding settlement of the case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.”

Thus, a lawyer gives advise as to a settlement, but ultimately the client decides, whether it is to accept an offer or reject an offer, what to do.

If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.

Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case.  The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result.  Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.

This blog entry deals with the value of a case and is discussed by the accident lawyer in Boca Raton (injury attorney Jupiter, accident lawyer Kendall, Florida, injury lawyer Parkland, accident attorney Palm Beach County).

A common injury in a car accident is a knee injury.   A common way this injury happens is by the knees hitting the dashboard and also by some form of twisting action which impacts the knees.  An ACL (anterior cruciate ligament) injury oftentimes requires surgery and has a lengthy rehabilitation process after and is considered major surgery.   An ACL surgery could cost tens of thousands of dollars between physical therapy, surgery, hospital expenses, and anesthesiology.  The value of such cases would depend on someones age, the cost of the surgery, the ultimate result from the surgery, the time missed from work (plus of course the amount of someone’s wages).

Drucker Law Offices helps its clients prove their injury case, including all car accident, slip and fall cases and essentially any injury case where you are injured as a result of the fault of another person or business establishment.  If you have been in an accident where you injured your knee or any other injury and would like a free consultation, please call 561-483-9199; or 954-755-2120; or 305-981-1561.  The law firm only charges fees and costs if we recover money for you.  We have our principal office in Boca Raton and satellite offices in Miami, Coral Springs, Boynton Beach and West Palm Beach.

Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case.  The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result.  Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.

This next blog topic deals with fall cases and incident reports and is given from the accident lawyer in Boca Raton (injury attorney Delray Beach, accident lawyer Weston, injury lawyer Coral Gables, accident attorney Coral Springs).

When people are injured at a property, it is common that an “incident report” is written up. Some large business establishments will give the injured person a copy of that report or at least of the initial incident report, although usually this is some description that the store has asked the injured person to hand write up.  The incident reports that are written up by stores that contain their internal “work product” is generally, under Florida law, considered to be work product and is something to which to they not have to give you and generally do not even have to give you or your lawyer in a court setting.  To the extent these documents have information, like the names of witnesses, would have to be disclosed in court but generally the document itself is protected.

You certainly do not “need” an incident report when an accident happens.  It would be prudent to talk to the store about what happened.  Some people get injured, leave and then call a lawyer without every reporting the incident and those questions, while possibly viable, will be questioned based on why someone would leave after they were injured or questioned in terms of how serious the injury could be if someone left without reporting the incident.  In some settings, like when someone is injured on a property after hours or at a property where there are no employees, like at a community pool or something to that effect, there is no one to report the incident to, but it is advisable to report the incident to the business establishment as soon as possible so they are aware of the incident and can fix the hazard that caused the fall.

Did you fall at a business establishment and believe it is the fault of the store?  If so, please call Drucker Law Offices for a free consultation at (561) 483-9199 for Palm Beach County (Boca Raton Main office); (954) 755-2120 in Broward County (Coral Springs satellite office); or (305) 981-1561 in Miami-Dade County (Miami satellite office).

Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case.  The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result.  Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.

Today’s blog post deals with the topic of evidence and proof from the accident lawyer in Boca Raton (injury attorney North Lauderdale, accident attorney South Miami, personal injury attorney West Palm Beach).

As we have spoken about on other blog posts, in a car accident there is a “permanent injury” threshold; in other words, a jury must believe the injured person sustained a permanent injury within a reasonable degree of medical probability in order to award pain and suffering type of damages.  The general school of thought is that if the car shows little or no damage to it that a jury is less likely to find “permanency” and thus not award pain and suffering.  While this is just a theory and any jury can do what it wants based on the evidence presented, it is a theory that many people in the industry, particularly insurance companies, believe to be true. In fact, insurance companies have special divisions on what it terms “minor impact” cases and this is based on the pictures of the vehicles.

Conversely, if there is a lot of damage to the cars and the pictures show a lot of damage such that someone looking at them would be impress, the general school of thought is that a jury is more likely, all things equal, to find permanency in such cases.  Thus, the pictures are important in a car accident case but again these are just legal theories and every case is different and must be judged on the facts.

Our law firm does NOT believe that solely because there is not a lot of damage to the vehicles involved in an accident, there cannot be injury or there cannot be “permanent injury.”  However, we do recognize that this is a hurdle that otherwise would not be present in a case where there are more damages to the vehicles involved.

Have you been in an accident and were injured where you believe that it is someone else’s fault?  If there is little damage or a lot of damage to the vehicles and you were injured, the Drucker Law Offices offers a free consultation for accident case s at (561) 483-9199 for Palm Beach County (Boca Raton Main office); (954) 755-2120 in Broward County (Coral Springs satellite office); or (305) 981-1561 in Miami-Dade County (Miami satellite office).

It is important to note that every case is unique and should be judged based on the specific facts of the case.  The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result.  Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

Here is this week’s issue and response from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Lake Worth, accident lawyer West Palm Beach, injury attorney Lake Worth, accident lawyer Lighthouse Point) will respond to this question.

While common sense would suggest that if the property owner repaired the sidewalk the day after someone fell, then that would be proof of negligence; however, the evidence laws in Florida, pasted below in 90.407, specifically does not allow the repair to be used as proof of negligence. The idea of the evidence rule obviously is to encourage property owners to repair any defects and not to discourage the repair for fear of it being used against them in litigation. This rule does not mean that, in the specific case, there was no negligence it just means that the negligence must be proved another way. In the question presented, there are not a lot of facts to figure out the fault issue. Was the sidewalk cracked? Was the sidewalk uneven? Remember that comparative fault also plays a factor here, so there are other questions that will play into the fault issue, like: Was it day or night when the fall happened? Was the sidewalk lit? Why didn’t the injured person see the defect in the sidewalk? where was the injured person looking?

If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties. Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.

Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.

90.407 Subsequent remedial measures.—Evidence of measures taken after an injury or harm caused by an event, which measures if taken before the event would have made injury or harm less likely to occur, is not admissible to prove negligence, the existence of a product defect, or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent remedial measures when offered for another purpose, such as proving ownership, control, or the feasibility of precautionary measures, if controverted, or impeachment.