Personal Injury FAQs page 6

195 FAQs where found , 30 in this page

What can I do if I suspect a work-related RSI?

If you feel the symptoms are related to your job tasks, it’s important you notify your employer right away and see a doctor. But you must follow the workers’ comp system’s rules. Waiting too long to seek medical treatment and legal advice will not only hinder the recovery process but also make it more challenging to receive workers’ compensation benefits. You must explain to your doctor when you started experiencing these symptoms and how it happened. The doctor may recommend you stop working for a while or work part-time to allow your repetitive strain injury get better. Some work restrictions may apply such as time limits on how long to perform specific tasks and taking frequent breaks. Learn More

When is a lawyer unnecessary?

If your injury is not work-related and it doesn’t result in permanent injuries or require extensive medical treatment and long periods off work, chances are workers’ comp will not cover it. Learn More

What steps can I take to prevent workplace injuries?

Some steps you can take to prevent workplace injuries include: • Attend workplace safety workshops • Report poor lighting, wet floors, broken nails, or any other hazard • Put away workplace equipment when not in use • Use the right ladders when trying to reach items on high shelves • Don’t store heavy objects up high • If possible, invest in a good ergonomic chair to keep your body in a correct position and work comfortably • If you have a stationary job, get plenty of exercise and take breaks to walk around. Learn More

What is a birth injury?

Injuries that are caused to the mother or newborn during childbirth or even the gestation process. They can vary considerably in their severity and their short- and long-term impact. While some cannot be avoided, others are completely preventable with careful and personalized medical care. Learn More

How do you detect a birth injury?

For parents and family members newly affected by such an impactful event, detecting symptoms can be complex. However, if you notice bruises or fractures in the baby's bones, difficulty moving, or poor control of their limbs, we recommend seeking immediate medical attention. Learn More

What are the most common birth injuries?

• Brain damage. • Cerebrovascular accidents. • Cerebral and facial palsy. • Lacerations during cesarean section. • Injuries caused by improper use of forceps. • Encephalopathies. • Injuries to the nerves that control the movement of the shoulders, arms, and hands. Learn More

How do I know if I have a valid claim in a birth injury case?

If you suspect that a negligent event caused your baby's injuries, the first step is to seek legal advice from our firm. In a free initial consultation, we can listen to you and evaluate the validity of your case. If your claim is successful, the negligent persons or institutions that injured the baby or the mother may be able to pay for their mistakes. Likewise, the affected family could receive compensation to help them stabilize financially and cover treatment, therapy, and lost wages for the parents who must now devote themselves entirely to the care of their son or daughter. Learn More

Do I really need an attorney for my Miami birth injury case?

The answer is yes; you really need a professional's help to file and win a case of this size. At our firm, we understand that every circumstance is unique and that you require the best possible guidance to understand the intricacies of the law in a malpractice lawsuit, especially since powerful institutions such as hospitals and reputable medical professionals may be involved. Learn More

Can I sue my workplace for a burn injury?

Yes, you could sue your workplace if the burn occurred during the performance of your duties as a result of negligent behavior and lack of safety measures. In Florida, injuries in this environment are covered by workers' compensation laws, which ensure that the employer is held responsible for the accident. Additionally, you can file a claim if the incident occurred as a result of the actions of a third party, such as the manufacturer of defective equipment. Learn More

What types of burn injuries are considered the most serious?

Burn injuries are classified as first, second, third, and even fourth-degree, depending on their severity. First-degree injuries are usually superficial and affect the more resistant layers of the epidermis, usually leaving less visible scars. Fourth-degree burns are those that often result in permanent disabilities, limb amputations, or even death. Learn More

What is the time limit for filing a burn injury claim in Florida?

The time limit in these legal proceedings is two years from the date of the accident. However, some circumstances may cause modifications, such as the involvement of a municipal or government entity, the involvement of minor children, or the level of severity of the victims. While 24 months may seem long enough, it is vital to act quickly and seek the support of an experienced attorney as soon as possible. Learn More

What if your fire safety devices don't work when you need them?

Severe burn injuries can occur if your fire extinguishers, smoke detectors, or sprinklers do not work properly during a fire. The first step in these circumstances is to confirm whether the property owner or lessor was careless in providing you with these devices or whether the manufacturer produced devices with design or manufacturing flaws. Once these circumstances are established, you can file a claim and recover the payment you deserve for your injuries. Learn More

Where are burn injuries most likely to occur?

Burn injuries are most likely to occur in the workplace, especially in factories, construction sites, or restaurants. They are also likely to occur in the home as a result of fires, electrical or cooking accidents, traffic collisions, and in public spaces or properties such as shopping malls, parking lots, hotels, and recreational parks. Learn More

Can you file a lawsuit for a burn injury?

Yes, you can sue if you have suffered burn injuries in an accident due to irresponsible behavior on the part of another person or entity. You will need to prove that the accident itself was a result of negligent actions, such as the distribution of defective products or the lack of safety measures in the workplace. Learn More

How do you know if you have a burn injury that requires legal action?

You have the right to take legal action if your injuries were caused by the negligence of another party and if that party refuses to take responsibility for their behavior and compensate you for high medical costs, loss of income and wages, or a general decrease in your quality of life. Learn More

How do insurance companies handle burn injury claims?

The insurers' job is to minimize the payments they are required to offer you, so, especially early in the process, they often offer low legal settlements that do not cover all of your expenses and, if accepted, would make it impossible for you to continue with a lawsuit. These large firms also investigate the circumstances of your accident and the direct causes of your injuries. Learn More

How Long Will My Amputation Injury Claim Take?

In the case of such claims, no time scale is specified since several factors work at shortening or lengthening them to several months or years, respectively. Such elements include the extent of injuries incurred, which also means the claim has to take into consideration medical costs to the full, and which may arise from any given settlement made with the defendant. The availability of evidence and the feasibility of recovering this evidence also play a role. Are important as well the willingness of the insurers to negotiate and whether or not it is necessary to move the case to court due to lack of settlements and difficulties in determining who is responsible for the injuries. Learn More

What are the Common Forms of Amputation Injuries?

Amputation injuries can occur in different contexts, and understanding these causes is a fundamental part of the legal process, which is to identify the guilty parties and seek compensation. Among the most common are: • Traffic accidents • Workplace accidents • Medical malpractice • Slips and falls on poorly maintained surfaces • Severe burns • Extreme sports accidents Learn More

Can I Afford an Attorney After My Injury?

If you decide to hire Gallardo Law Firm, the answer is yes, you can afford to pay an attorney after your injury, because our team works on a contingency fee basis, which means that we only get paid if we win your case, and even the first consultation is free. Our goal is for you to focus on getting well while we put emphasis on giving you the best legal advice. Learn More

What Are My Rights if Someone Else Is at Fault?

The law protects your rights and does not leave you to bear the emotional, financial, and physical burden of an accident that was caused by someone else's careless actions. You may claim compensation for economic losses and non-economic damages, such as pain and suffering. You also have the right to seek justice through the courts and hold the responsible party liable for the hardship and challenges you are now facing. Learn More

How Long do I Have to File a Claim after the Amputation?

As in the majority of personal injury claims, if you suffered an amputation, you have up to four years to file your claim. However, specific circumstances may change the Statute of Limitations, so having an attorney familiar with the local regulations is critical. If your amputation was the result of medical malpractice, whether by doctors, nursing staff, or even defective hospital facilities, drugs, or equipment, the time to file a legal claim is reduced to two years. Learn More

Can Family Members File a Claim on Behalf of an Amputation Victim?

Family members can present a lawsuit on behalf of the victim if their suffered some form of permanent physical or mental disability so their representative can obtain legal authorization to act on their behalf. Something similar happens if the injured person dies as a result of the accident or if we are in the presence of a minor, in which case the parents or legal guardians can file the claim. Learn More

Are rideshare and ride-hailing services the same thing?

Although they are used as synonyms, these services have subtle differences. In the case of rideshare, we are talking about rides that can be shared by other users, from a carpooling option offered by Uber, Lyft, or InDrive to lower the cost of the ride. Likewise, ride-hailing refers to completely private rides, an option also offered by these transportation service platforms. Learn More

What are the causes of Lyft and Uber crashes in Miami?

The main causes of accidents in cars hired by Lyft and Uber are the increasing traffic in the city, distracted or speedy driving, weather conditions, violation of traffic signs and regulations, and the use of poorly maintained vehicles. Learn More

What are my legal options if a rideshare driver does not have adequate insurance?

If the rideshare driver does not have good insurance, your legal options are still strong. In the case of a driver for Uber, Lyft, or some other such service, you can demand compensation for your injuries from the company itself. You can also file a direct lawsuit against the driver if the driver had the app turned off and was not taking an authorized trip. In states like Florida there are also strict laws that require these companies to maintain additional insurance to cover gaps in their own coverage, which guarantees you additional alternatives. Learn More

What happens when a rideshare accident involves multiple parties?

In these cases, the most challenging thing is to determine the different levels of responsibility of the parties involved since the proportion of the compensation you receive depends on that percentage of fault since, in Florida, there is a principle of pure comparative negligence. In situations with these characteristics, several insurance policies are involved, which also establish the amount of compensation and the possibility of filing multiple claims. Learn More

How are ridesharing accident claims different from ordinary automobile accidents?

Due to the involvement of dissimilar actors, these rideshare accident cases are more complex than ordinary crashes or collisions. They differ based on: • Insurance coverage based on whether or not you are operating the app • The involvement of multiple insurance policies • The determination of liability that falls on multiple parties in ridesharing • The specific regulations of rideshare companies. Learn More

Who pays for damages in an Uber or Lyft accident?

If the accident happened while the driver had the app off, the responsibility for covering damages falls entirely on that driver's personal insurance. In Florida, the law requires all drivers to carry a minimum coverage of $10,000 in personal injury protection and an equal amount in property damage. Meanwhile, if the crash took place when the app was on but there was not yet an assigned ride, the rideshare company offers a limited policy of $25,000 for property damage, up to $100,000 for bodily injury in the same accident, and $50,000 per person for personal injury as well. Finally, if the driver had an active trip, coverage is up to $1 million Learn More

How do you prove fault in a rideshare accident case?

To prove that the rideshare driver acted recklessly, it is necessary to show that their negligent behavior was the direct cause of the crash, the injuries you sustained, and their subsequent implications on your life, both from a monetary standpoint and from the impact on your health. In these circumstances, material evidence can be your best ally, as it includes photos, videos, medical and police reports, or witness statements of the accident that you can use to prove who was responsible for the incident. In the case of Uber or Lyft, the app's recordings and logs can also help you because, through that information, you can check if the driver was active, if he was following the route suggested by the GPS, or how fast he was driving. Learn More

What can I expect to receive from an Uber accident settlement?

The complexity of these accidents and the wide variety of possible parties involved make it impossible to determine the value of a financial settlement with Uber, as it depends on the severity of the injuries, the circumstances of the event, and the damages you suffered. This rideshare company has a coverage policy during active rides that amounts to one million dollars, however, before determining the value of the compensation the insurers are in charge of analyzing the evidence, the magnitude of the injuries, the medical expenses and the own characteristics of the driver and the user involved. They will also try to negotiate with your legal representatives to try to pay as little as possible. Learn More