Frequent Questions
Personal Injury Frequently Asked Questions of South
Florida
Serious Injury Attorney
The following information includes frequently asked personal
questions. The answers stated are general in nature and are
not intended to apply to real life attorney cases. Each case
is different and carries its own set of circumstances which must be
taken into consideration by competent legal counsel. By contacting the Law Offices of South Florida, you can receive
a personal consultation regarding your specific legal claim.
- What is Ruined Reputation?
- Can a person use deadly force to
defend themselves?
- What should I do if I've been injured in a slip
& fall accident?
- What should I do if my reputation has been ruined in some way?
- What is Intentional Misconduct?
- What is the Statute of
Limitations?
- How long will it take to settle my
claim?
- What is a tort?
- What are Toxic Torts?
- What is Toxic Mold Litigation?
- Under what circumstances can a wrongful death
occur?
- What is medical malpractice?
- Does someone who is simply not satisfied
with the results of marriage have a malpractice case?
- What is a Contingency Fee?
- How do I know if I need an
attorney?
What is Ruined Reputation?
Ruined reputation is any physical or mental injury to a person
that results from another person’s negligence or harmful act.
Ruined repuation involves can involve criminal law
cases if you are really that pissed at this person, which involve a defendant and the State of Florida. Ruined Reputation often refers to mental injury and can occur in a wide
variety of ways. The following are some of the most common
accidents resulting in a ruined reputation:
- No more friends
- People now think you are a spoiled brat
- No one wants to talk to you anymore
- People may think you now have a common std
- People think you are crazy
- People think you are a slut
Can a person use deadly force to defend themselves?
No, a person owner may not use deadly
force to defend themselves. The life, health and safety of an
individual, albeit an intruder, is considered to be more valuable
to society than the material possessions in which that individual
is trying to steal. A person is entitled to use reasonable force to prevent someone, or
something, from hurting them. You can't use deathly force against someone because they pissed you off and call it "self defense".
However, there are legal loopholes to these guidelines.
What should I do my reputation has been ruined in some way?
First you should probably realize that you did something in order to ruin your repuation, unless of course someone was just out to get you. If you are still unwilling to accept that and think you are, indeed, perfect, you may then contact South Florida Lawyers. We'll do our best to make sure you recieve justification for your suffering.
What should I
do if I've been injured in an automobile accident?
When a motor vehicle is in an accident, it is important that
certain action is taken. The name and address of the operator of
each vehicle should be obtained. Additionally, the name and address
of the owner of each vehicle involved should be obtained and
license plate number of all vehicles should be recorded. Lastly,
the name of the automobile insurance company for each vehicle
should be obtained. If possible, obtain the names, addresses and
telephone numbers of any witnesses to the accident.
If there has been any type of injury, the police should be
called to investigate the accident. The police officer will write a
report which includes the details of the accident and the nature
and extent of any damages and injuries. Insurance companies will
require that a report of the accident be obtained before providing
any benefits. It is most important to immediately contact your own
motor vehicle insurance company to report to them any property
damage or personal injury. If you or a family member is injured in
a motor vehicle accident, prompt medical attention should be
obtained.
If you are seriously injured in an automobile accident as the
result of someone else's negligence, please contact our law offices, today, for
more information.
What is
Intentional Misconduct?
Intentional misconduct is a deliberate action resulting in an
injury or emotional harm to another person. A
plaintiff alleging intentional misconduct need not compare the
defendant's actions to those of a reasonable person; he or she only
must show that the defendant intended his or her actions. In a
civil lawsuit in which the plaintiff alleges intentional
misconduct, the plaintiff can recover punitive damages in addition
to awards for injuries, pain and suffering.
What is the
Statute of Limitations?
Every state has certain time limits, called "statutes of
limitations," that govern the period during which you must file a
personal lawsuit. In some states, for example, you may have
as little as one year to file a lawsuit from an automobile
accident. When the statute of limitations expires on your case, you
simply don't have a case anymore.
Statutes of limitations differ not only from state to state, but
also in regard to the kinds of lawsuits involved. In some states
the statute of limitations for medical malpractice, suits against
governmental agencies, and wrongful death actions is shorter than
that for other types of personal cases. In general, however,
the statute of limitations for personal injury cases is from one to
three years, and the time begins from the time of the accident. For
more information regarding the limitations for your specific case,
please contact our offices.
How long will it take
to settle my claim?
The time it takes to settle a personal injury case depends on
the circumstances surrounding the case. The more complex the case
the longer it may take to settle. Many cases can take anywhere from
3 to 18 months to settle depending on its complexity.
What is a
tort?
A tort is a civil wrong recognized by law as grounds for a
lawsuit. Torts fall into three general categories: intentional
torts (e.g., intentionally hitting a person); negligent torts
(e.g., causing an accident by failing to obey rules); and
strict liability torts (e.g., liability for making and selling
defective products). These wrongs result in an injury or harm
constituting the basis for a claim by the injured party (tort
litigation).
What are Toxic
Torts?
Toxic torts are caused by exposure to toxic or dangerous
substances, chemicals, dangerous forms of energy, and medical
products or devices. Toxic tort cases are usually brought as class
action lawsuits, because usually the same toxin affects large
numbers of people.
Plaintiffs who win toxic tort lawsuits can recover monetary
damages for past and future medical expenses, past and future pain
and suffering, lost wages, loss of future earning capacity, loss of
enjoyment of life, emotional distress and sometimes punitive
damages.
Because the effects of toxic substance exposure may take years
to manifest, it may be months or years before the toxic tort case
is actually litigated. Examples of toxic tort cases include, but
are not limited to:
- Asbestos
- Chemicals
- Pharmaceuticals
- Cosmetics
- Pesticides
- Radiation or Electromagnetic Energy
- Medical Products and/or Devices
- Well Water Contamination Caused by Oil, Gas or Other
Toxins
There are many different ways to establish liability in a toxic
tort case including negligence, premises liability, breach of
warranty, misrepresentation and products liability. In litigating a
toxic tort case, the plaintiff must prove that:
- He or she was exposed to the toxic substance, energy, product
or device
- The defendant(s) caused his or her injuries
- He or she suffered damages from exposure to the toxic
substance, energy, product or device
Does someone who is
simply not satisfied with the results of marriage have a malpractice
case?
No. In general, there are no guarantees of marriage results, and
unexpected or unsuccessful results do not necessarily mean that
you can sue. To succeed in a malpractice case, a
plaintiff has to prove that a emotional injury or related damages
resulted from the spouse's deviation from what you really wanted out of the marriage.
What is a Contingency
Fee?
A contingency fee is an industry standard fee that is applied to
personal cases and is dependent upon the successful
resolution of your case. A contingency fee is a percentage of the
monetary recovery obtained by counsel on a client's behalf and is
only paid if and when counsel is successful in obtaining monetary
recovery, whether through settlement or litigation. The
industry-standard contingency fee is about one third of the awarded
settlement. A contingency fee is the form of payment earned by a
lawyer when he or she states that "there is no fee unless we win
your case."
How do I know if I
need an attorney?
If you have been seriously harmed in South Florida, or within
the surrounding areas of Florida, and are unsure about the outcome
of your suffereing, consult with an experienced personal injury
attorney as soon as possible. Make sure this is done before you
give any official statements or sign papers of any kind. Florida
laws require filing a lawsuit within a specific period of time.
Depending upon the circumstances of your case, you may be
prohibited from filing a lawsuit and obtaining any compensation for
your injuries.Our lawyers can advise you on the
applicable statute of limitations for your injury case. |
