A serious injury can turn your life upside down. In addition to the pain and suffering caused by the injury, it can affect your job and your future earning capacity, and disrupt your family and your normal life activities.
If you have suffered a serious injury because of someone else’s negligence, you may be entitled to file a claim for damages. On the other hand, if your injuries resulted from a work-related accident, you may be entitled to claim workers’ compensation benefits to cover your medical expenses and lost wages. In either case, an experienced lawyer can make a significant difference in the final outcome of your claim.
Why Choose David M. Benenfeld?
When you are searching for a Florida personal injury lawyer, you will want someone experienced in injury law, and who has a long track record of success. Attorney David M. Benenfeld has devoted his practice exclusively to representing injured people. He has more than 2 decades of experience in this complex area of law and has obtained many high value settlements and verdicts on behalf of his clients.
With an Excellent rating on Avvo, as well as the Avvo Clients’ Choice Award in 2014 – 2017, and membership in the Million Dollar Advocates Forum®, our firm has gained a reputation for excellence in personal injury law. When you come to us for legal representation in an injury matter, you can have confidence that we have the skills, experience, and dedication to protect your rights and interests.
Practice Areas We Handle
Our practice at The Law Offices of David M. Benenfeld P.A. is devoted exclusively to personal injury and workers’ compensation matters. We represent injured Florida people, not insurance companies or large corporations. The types of cases we handle include:
- Auto accidents: The National Highway Traffic Safety Administration (NHTSA) reports that in a single recent year, 2,313,000 people were injured in motor vehicle accidents on U.S. roadways, at an injury rate of 78 per 100 million vehicle miles traveled.
- Wrongful death claims: When someone’s negligence or incompetence results in the death of another, a wrongful death claim may arise. Wrongful death has many causes, including professional negligence, harmful products, and drunk driving.
- Bicycle accidents: According to the NHTSA, 743 bicyclists were killed and 48,000 were injured in traffic accidents in a recent year, representing a 1.2% increase in fatalities and a 2% decrease in injuries from the year before.
- Motorcycle collisions: Motorcyclists lack the protection of an enclosed vehicle in a crash. Common injuries sustained in motorcycle accidents include head and neck injuries, bone fractures, road rash, and injuries to the lower extremities.
- Trucking accidents: As stated in the Large Truck Crash Causation Study Analysis Brief of the Federal Motor Carrier Safety Administration (FMCSA), among the major factors contributing to large commercial truck collisions associated with the trucks and their drivers are: brake problems, prescription drug use, traveling too fast for conditions, over-the-counter drug use, inadequate surveillance, and driver fatigue.
- Nursing home abuse: As reported by the Centers for Disease Control and Prevention (CDC), 1.4 million people live in 15,700 nursing homes in the U.S. Sadly, a number of these vulnerable people will become – or have already become – victims of nursing home abuse and neglect.
- Premises liability cases: Property owners who fail to maintain their property in a safe condition become liable for injuries caused by dangerous conditions on the property. Injuries may result from dog bites, slippery floors, inadequate lighting, lack of security, and any number of other possible hazards.
- Workers’ compensation: In theory, you should not need an attorney to obtain workers’ compensation benefits. The Florida workers’ compensation system is designed to be self-executing, and you should automatically receive your benefits after a work-related injury or illness. In practice, however, this is not always the case, and you may need legal assistance in obtaining the full benefits you are entitled to receive as well as a lump sum settlement.
Florida Personal Injury FAQs
How long will it take to resolve my claim?
It is impossible to answer this question accurately without knowing the facts of your case because individual results vary greatly. Some cases are resolved in a few weeks, other take months, while some take a year or two to resolve. Cases that go to trial (a small minority) typically take the longest.
Can I sue the Government for personal injury?
It depends. All governments have the power of sovereign immunity, which means that they can forbid you from filing lawsuits against them. Both Florida and the federal government have waived sovereign immunity with respect to most personal injury claims. You may sue local, state, and national governments, subject to certain restrictive damage limitations and filing deadlines.
Can I sue a nursing home for neglect?
Yes, you can – neglect is a form of abuse if it harmed your loved one. Nursing homes are subject to strict state and federal regulations concerning their treatment of residents. You could try to prove that the nursing home violated one of these regulations, or you could try to prove that they were negligent even if they didn’t violate a specific regulation.
What is an accident reconstruction specialist?
An accident reconstruction specialist is an expert who uses data about an accident (skid marks, for example, or data from a truck’s “black box”), along with scientific principles, to reconstruct the accident and determine whose fault it was. Accident reconstruction specialists are useful expert witnesses.
Can I collect damages if the accident was partly my fault?
Yes, you can, but you could end up with a net loss if the accident was mostly your fault, or if the defendant’s damages were much higher than yours. Florida applies a “pure comparative negligence” system whereby damages are divided among claimant and defendant in proportion to the relative percentage of fault.
Should I sign a settlement agreement with the defendant or his insurance company?
Not without having your lawyer check the settlement agreement first. In fact, it would be best for your lawyer to participate in the drafting of the settlement agreement. Don’t ever forget – the insurance company is not your friend, even if it is your own insurance company.
What is a “certificate of counsel”?
A certificate of counsel is a document that must be filed together with the initial complaint in a medical malpractice lawsuit. It consists of a statement from your lawyer confirming that the lawsuit is based on reasonable grounds and, typically, an opinion from a medical expert. Its purpose is to discourage frivolous lawsuits.
I slipped on a wet floor in a commercial establishment. Do I have a claim?
Maybe, depending on the circumstances. Commercial establishments are obligated to make reasonable efforts to ensure the safety of their customers. If an employee mopped a floor without erecting a Wet Floor sign, for example, you might have a strong claim.
How long after an accident do I have to file a personal injury lawsuit?
In Florida, you usually have four years after the accident to file a Personal Injury lawsuit. If your claim is based on medical malpractice, however, you have only two years after the malpractice to file a lawsuit. This deadline can be extended under certain circumstances.
Can a signed medical consent form be used against me in a medical malpractice lawsuit?
Probably not, but under limited circumstances, it could be. Although no one ever consents to medical malpractice, if your complaint is that you did not consent to a particular medical treatment, the consent form could be used to contradict you.
My child was injured do to someone else’s negligence. Can I file a lawsuit on his behalf?
Probably. In Florida, no one under 18 at the time of the lawsuit may file a lawsuit in his own name. Instead, the court appoints a representative to file the lawsuit on behalf of the minor. Normally the court will select a parent as the representative.
Can I sue a bar for serving drinks to a drunk driver who injured me?
Perhaps. Florida’s dram shop law requires you to prove that the driver who caused the accident was under 21 or was “habitually addicted” to alcohol and that the bar knew this and served him anyway.
I was injured by a defective prescription drug. Should I claim against my doctor or the drug manufacturer?
It depends, although under certain circumstances you might be able to pursue your claim against both. If the drug is defective, you might be able to win a claim against the manufacturer or distributor. You might be able to win a claim against the doctor if he prescribed the drug for off-label use.
Get Legal Help After an Injury in Pompano Beach
If someone else causes you serious injury, you deserve compensation for your medical expenses, lost wages, pain and suffering, and other damages. Whether your injuries are work-related or caused by someone else’s negligence, do not make the mistake of believing that the insurance company is your friend.
When you come to our firm for legal representation in a personal injury or work-related injury case, you can count on us to work hard to protect your rights and interests. We know how to deal with insurance companies and what it takes to get you the compensation you deserve. You can rely on Law Offices of David M. Benenfeld P.A for effective, efficient, and compassionate representation. Contact us today for a free case consultation!
