Your Personal Injury Concerns Put to Rest- Don't make a mistake, get the facts from an expert
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
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My son/daughter was injured in a car accident caused by a drunk driver. The drunk driver was also underage, meaning they needed to break the law in order to get alcohol. Can I hold the person who furnished the alcohol responsible?
Cases such as these have been litigated in Florida, and the outcome has laid blame for the injuries on the person who furnished or sold alcohol to a minor. It is a violation of the law, but also within the scope of liability in a personal injury claim. As with any case, providing proof of the transaction can speed up recovery and time in court.
If I was injured in a car accident caused by a road hazard, such as construction equipment, do I have a case?
This area of liability is an interesting aspect of premises liability. Governmental entities can not be held responsible for injuries in buildings or on roads they fail to build, expand, or modernize. However, when they make the decision to do so, they become responsible for the injuries sustained due to lack of maintenance or due care. It works in a way similar to a private individual owning or operating a building.
If I think I might have a workers' compensation claim and a personal injury claim, which one should I pursue first?
It happens all the time, someone is injured at work, but it was due to the negligence of another person outside of work. For instance, if you are driving a car or truck, get in an accident, you could have a car wreck case and a workers comp case. You may have a social security disability case, depending on the severity of the injury. Interestingly, many injury law lawyers, don't really understand how one type of case can impact the other. Unfortunately, if your lawyer doesn't understand the finer points, you as the person injured could end up paying for that lack of knowledge and information. Some very reputable attorneys just don't understand the consequences. If there is a possibility of an injury law case when you are hurt at work, you shouldn't take chances with such a problem. It's your case and your money. There are but a handful of lawyers who truly practice in both areas- curiously none of the really large injury law firms have lawyers who typically handle both the job injury and injury law matters at the same time. At the very least, you owe it to yourself to have a complete understanding of the potential aspects of your case- early! A strategic review of your case can give you the information you need to make a solid decision about your case.
My accident was a bit complex. My car was struck by a car that had been rear-ended on the highway. Who can I hold responsible for my injuries?
A personal injury claim involves an important factor: negligence on the part of the person who inflicted harm upon another. There is a common law rule in Florida that states a person injured can bring suit against any or all of those who caused them harm. The advice of an attorney can help you determine the areas of liability that are likely to give you the best chance at a full recovery.
I found the Social Security Administration's Blue Book online. I see all of the impairments that qualify a person for disability, but mine isn't included. Can I still file a claim?
Yes. Even if your impairment isn't listed on the Social Security website, they will still consider your claim if it interferes with your ability to work.
My leg is broken and I can't work as a construction worker, which I've done my whole life. Can I claim disability benefits?
Probably not. A "disability" means that you have a medically verified injury, illness, or condition that keeps you from doing any work. This means that if you can perform sedentary work, you can't receive disability. A person with a broken leg could still work while sitting down, so they are not qualified to get benefits.
My son was in a car accident when he was 19 years old and sustained a traumatic brain injury. I am his primary source of care. Can I collect disability benefits to help pay for his medical care?
If your child is unable to work because of his traumatic brain injury, he can apply for disability benefits. His disability began before his 22nd birthday, so he is eligible for benefits without having work credits.
My chiropractor tells me that my neck and back injuries are keeping me from returning to work. Can I file a claim for Social Security Disability?
Not based on this assessment alone. The SSA doesn't consider chiropractor evaluations to be enough evidence to prove a disability. In this case, MRIs and other medical evidence provided by medical doctors and treating physicians would greatly improve the chances of receiving benefits.
I have severe depression that keeps me from leaving my home for days at a time. Can I get benefits?
Possibly. This condition certainly keeps a person from working, but it might not be enough to meet the requirements of your disability insurance plan or those outlined by the Social Security Administration.
I can't go to the doctor for treatment. Is there a possibility I can still get benefits?
Yes, but it may be more difficult. If you apply for benefits from the Social Security Administration, they might ask you to get a doctor's exam before they approve your claim. They pay for the exam, so you won't have to worry about payment or insurance.