In evaluating any case at Drucker Law Offices, these things need to be present for a claim to move forward:
1. Liability – The first question is called liability or fault. It is whether the defendant owed a legal duty of care and breached that duty to the injured person. Things like drivers must operate their vehicles safely and ran a red light; property owners must maintain their property in a safe condition and there is a spill on the floor or something to trip on.
2. Causation and Damages – The breach of duty of care referenced in liability must be shown to have directly caused a permanent injury. The injured person must have suffered an actual loss. These may include medical bills, lost wages, and pain and suffering, incurred in both the past and the future.
3. INSURANCE (AKA MONEY…) – In most if not all cases, the Defendant must have insurance. We turn down more cases for lack of insurance, especially in South Florida, than any other reason. In car accident cases, Bodily Injury insurance is not mandatory in Florida which is a surprising fact. Each year, I am more and more suprised as i see cases where the at fault driver does not have insurance at all or has a policy that does not carry the bodily injury coverage that is needed to collect a personal injury verdict.
If you believe you or someone you know may have a personal injury claim, I encourage you to reach out and we will see if these three elements are present and a case can be made.
