Your Injury Questions Answered
Florida Personal Injury Law Firm in Delray Beach
Understanding your legal rights after a personal injury accident is crucial. Samuel M. Yaffa P.A. provides clear answers to common questions about filing claims, determining liability, and seeking compensation. If you need further assistance or personalized advice, our experienced team is here to help you pursue justice and the compensation you deserve.
Ready to Work With a Firm That Puts You First? With over 20 years of proven experience, personalized representation, and a commitment to going above and beyond, we are dedicated to fighting for your justice. Contact us today for a free consultation by calling (561) 786-3056.
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Negligent Security FAQ
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What are the Comparative Fault Laws in Florida?
Negligent security accident claims in Florida fall under comparative negligence laws. This means that an award for compensation will be reduced in accordance with the percentage of the victim’s liability.
For example, if the victim is shown to have contributed 40% to their injuries, and their damages total $100,000, they will only be entitled to $60,000 in compensation. It is crucial to work with a skilled lawyer who can prove you were not responsible in any way for your injuries so that you can recover the maximum amount of compensation.
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Product Liability FAQ
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How Do You Prove Product Negligence in Florida?
While negligence may be viewed as less dangerous as outright violence, tragic injuries, and even fatalities have repeatedly occurred because a company, owner, or supervisor has neglected to provide crucial warnings about the product and its uses.
There are many examples of ways that a company might have been negligent in applying the appropriate care standard, including:
- Negligence to test a product fully, appropriately, or with the correct amount of required duration
- Negligence in foreseeing how a product might be used in a dangerous manner
- Refusing or neglecting to provide clear, visible labels about potentially hazardous risks
- Willfully or ignorantly refusing to comply with the determined regulations and rules
When companies have failed in this regard, they must be held liable for creating a situation where you have been seriously injured or have become ill on account of product malpractice.
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Nursing Home Abuse FAQ
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What are the Signs of Senior Care Neglect in Nursing Homes?Recognizing the signs of senior care neglect is crucial for ensuring the safety and well-being of elderly residents in nursing homes. Common indicators include unexplained weight loss, poor hygiene, untreated medical conditions, and lack of basic necessities such as food and water. Emotional signs may manifest as withdrawal, depression, or anxiety. Additionally, physical signs like bedsores or frequent injuries can indicate neglect. Family members should remain vigilant and observe their loved ones closely, as many victims may struggle to communicate their experiences due to cognitive impairments or fear of retaliation.
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What are the Different Types of Nursing Home Abuse?
Elder abuse can come in many forms, from gross neglect to physical violence. Many nursing homes are understaffed, which may result in patients being ignored because there is no one on hand to take care of them—or staff members taking out their frustrations on their helpless patients.
Other possible reasons for elder abuse may be attributed to a lack of nursing home employee training, little to no supervision from managers, underpaid staff, a shortage of resources, and the personal issues of individual caregivers.
The types of elder abuse are divided into the following categories:
- Physical abuse
- Psychological abuse
- Sexual abuse
- Gross neglect
- Financial exploitation
- Resident-on-resident abuse (physical or sexual)
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What to Do If You Suspect Your Loved One Is Being AbusedNursing home residents who are being abused may be reluctant to talk about it due to fear or embarrassment. In some cases, your elderly loved one may not even be aware they are being abused—especially if they have a cognitive disorder like dementia or another mental impairment.
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How Can You Tell If Your Loved One Is Being Abused?
Signs that your loved one is being abused include:
- Unexplained changes in their behavior
- Poor hygiene
- Bedsores
- Unexplained injuries
- And financial problems despite possessing adequate assets
Pay attention when you visit your relative in nursing home care for any other things that strike you as unusual and don’t take anything lightly. Document anything unusual you observe that might point to abuse and save the information in a single, safe place.
If you know or suspect your loved one is being abused, you can do one or more of the following:
- Call 911 if they are in immediate danger
- Contact Adult Protective Services or notify the police to report abuse—or ask them to investigate a possible case
- Report the abuse to the manager of the nursing home
- Talk to your elderly relative directly—but make sure to do so in a space where they feel safe and don’t push them to admit anything if they seem uncomfortable
- Consult with an experienced nursing home abuse lawyer in your area
Our Delray Beach nursing home abuse attorney is standing by to assist you if you have any questions or concerns regarding elder abuse. We are prepared to make sure your friends and loved ones get to safety.
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How Can I Report Suspected Nursing Home Abuse in Palm Beach County?If you suspect nursing home abuse in Palm Beach County, it is essential to take immediate action. You can report your concerns to the Florida Department of Elder Affairs or the local Adult Protective Services. Additionally, documenting any evidence of abuse, such as photographs or witness statements, can strengthen your case. It is also advisable to consult with a legal professional who can guide you through the reporting process and help you understand your rights and options for seeking justice on behalf of your loved one.
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Medical Malpractice FAQ
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How Do You Prove Medical Malpractice?
Every medical professional has an obligation to their patients to treat them to the best of their ability, known as the “standard of care” or “duty of care.” When this standard is violated and causes harm to a patient, malpractice has occurred.
Three elements are needed to have a medical practice case:
- A medical professional must breach their standard of care while treating a patient
- This breach must lead directly to harm caused to the patient
- The patient must suffer significant and calculable damages
This means that you cannot sue someone for malpractice just because your treatment does not work the way you hoped it would or because a healthcare worker makes a mistake. Serious and harmful negligence must be involved to have a case.
Medical malpractice is one of the most complicated fields of injury law because it can be immensely difficult to prove that a doctor acted negligently, especially if it is just your word against an experienced medical professional and their peers.
The healthcare industry has a wealth of attorneys, policies, laws, and more that protect them from legal action against disgruntled patients. Therefore, it is typically recommended to consult with—if not hire—a medical malpractice lawyer if you plan on filing a claim.
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What are Examples of Medical Malpractice?
There are numerous ways that medical errors can happen. For example, a patient may be prescribed or given the wrong medication, which causes a serious—and preventable—allergic reaction.
Other common examples of medical malpractice include:
Anesthesia Errors
If too large or too small a dosage of anesthesia is administered to a patient it can cause serious health issues. Patients may also be subject to allergic reactions when given anesthesia; if your medical records noted an anesthesia allergy and you were given it anyway, you may have grounds for a lawsuit.
Surgical Errors
Surgical errors may include a procedure being performed on the wrong part of the body or the wrong patient entirely. Other examples include a surgeon accidentally cutting open a nerve during a procedure or leaving a piece of surgical equipment inside a patient after sewing them up.
Birth injuries
If a serious blunder takes place during childbirth, a newborn may have health issues that stay with them for life. Birth injuries can harm the mother as well.
Misdiagnosis
If a doctor diagnosis you with the wrong illness and treats you for something other than what you actually have, this can delay your treatment and may even make your condition worse.
Delayed Diagnosis
Similarly, if a doctor fails to recognize an obvious ailment and does not diagnosis it, this lack of treatment can cause further harm.
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Motorcycle Accidents FAQ
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What injuries are most commonly associated with motorcycle accidents?
Collisions involving motorcycles are often some of the most dangerous and deadly. Given the lack of protection offered by a motorcycle, riders know that a crash could result in one or more serious injuries.
Motorcycle accident victims experience a variety of catastrophic injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Bone fractures
- Internal bleeding
- Loss of limbs
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What do I need to know about no-fault insurance and motorcycle accidents in Florida?
Car owners in Florida know that they live in a no-fault insurance state and are therefore required to carry at least $10,000 in personal injury protection (PIP) coverage.
When a driver is involved in an accident, they almost always must file a claim under their PIP insurance before they can hold an at-fault driver liable for their losses.
All two-wheeled vehicles, including motorcycles, are excluded from the no-fault insurance laws. This means that your PIP coverage will not apply to damages you have incurred in a motorcycle accident.
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Truck Accidents FAQ
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What is the statute of limitations for trucking accidents in Florida?
The statute of limitations for truck accidents in Florida is four years from the date of the accident. The statute of limitations is the deadline for when you can legally file a lawsuit.
These deadlines are rarely extended so it is important to act fast. To determine if you should file a lawsuit and when you should do it, speak with an experienced Delray Beach car accident lawyer as soon as possible.
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Who is liable in a truck accident?
Truck accidents can result in devastating consequences due to the size and weight of these vehicles. When a truck accident occurs, it's crucial to determine who might be at fault in order to properly assign responsibility and potentially seek compensation for damages. Identifying the responsible parties can be a complex task, as multiple factors and individuals may contribute to the accident. Here, we'll explore some of the potential parties who could be liable in a truck accident.
- Truck Driver: The primary party at fault in many truck accidents is the truck driver. Negligent actions such as speeding, driving under the influence, distracted driving, or violating traffic laws can lead to accidents. Fatigue is also a common issue among truck drivers due to long hours on the road, and it can impair their ability to react quickly to unexpected situations.
- Trucking Company: Trucking companies can be held liable for accidents if they were negligent in their hiring, training, or supervision of drivers. If a company pressures its drivers to meet tight deadlines, it can lead to dangerous behaviors on the road. Additionally, inadequate vehicle maintenance, inspections, or overloaded trucks can contribute to accidents for which the company may be responsible.
- Truck Manufacturer: In some cases, accidents are the result of defective truck parts or manufacturing issues. Faulty brakes, tires, or other components can lead to accidents that are beyond the driver's control. If a manufacturing defect is found to be the cause, the truck manufacturer may be held accountable.
- Cargo Loaders: Overloaded or improperly loaded cargo can destabilize a truck and make it more difficult to control, leading to accidents. Cargo loaders or shippers may be at fault if they failed to secure the load correctly or exceeded weight limits.
- Maintenance and Repair Contractors: If a third-party maintenance or repair contractor was responsible for servicing the truck and failed to identify or fix safety issues, they could share liability in the event of an accident.
- Other Drivers: Sometimes, the actions of other drivers on the road can trigger a truck accident. Aggressive driving, sudden lane changes, or erratic behavior by other motorists can force a truck driver into a situation where an accident becomes unavoidable.
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Car Accidents FAQ
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What are the most common causes of car accidents?
Auto accidents occur far too frequently in the state of Florida. Since most motor vehicle collisions are due to driver error, most of them are preventable. Unfortunately, no matter how safe you are in driving, you cannot control what other people do.
The most common causes of car accidents in the U.S. include:
- Distracted driving
- Driving under the influence
- Speeding
- Reckless driving
- Running red lights
- Tailgating
- Improper turns
- Design defects
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What are the most common injuries in car accidents?
Car accidents occur every day and many of them result in serious bodily injury.
The following are some of the injuries that commonly occur in car accidents in Delray Beach:
- Back sprains
- Fractures and broken bones
- Knee and shoulder Injuries
- Brain, head, and neck injuries
- Wrongful death
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Is Florida a no-fault state?
Florida is a no-fault auto insurance state. This means each driver is required to file a car accident injury claim with their own insurance company, regardless of who’s at fault.
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What is PIP (Personal Injury Protection) Coverage?
Personal injury protection coverage, also known as PIP, helps pay for certain covered medical expenses caused by a car accident. In Florida, all motorists must carry a minimum amount of $10,000 in personal injury protection (PIP) coverage.
When you are involved in a car accident, you will need to file a claim under your PIP first, regardless of who is at fault. If you meet or exceed your PIP policy coverage, you can step outside the no-fault system to file a claim against the other driver’s insurance provider.
In this case, you would only be able to collect as much as the at-fault driver’s policy covers. Those who require more compensation for their losses may also be able to directly sue the at-fault driver.
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What is Florida's 14-day PIP rule?
Florida law says that the insurance company must provide compensation under the insurance agreement with a driver as long as the victim gets initial medical services and care within 14 days of the motor vehicle accident. We will be happy to explain this to you in detail.
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Wrongful Death FAQ
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How do you prove liability within a wrongful death case?
One of the most complex aspects of a wrongful death case is that of proving liability. In some cases, not just a single individual is at fault, but several parties, due to negligence or malpractice.
Sometimes, an entire corporation might be liable for:
- Not properly testing a drug
- Or for secretly selling defective equipment or parts for profit
Depending on the specifics of your case, there may be several different strategies we can use to fight for your family’s rights. You can trust us to be relentless in pursuing the truth about the circumstances of your loved one’s death.
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What damages are available in a wrongful death lawsuit?
We all know that there is no price or monetary value that could ever compare to having your loved one alive and well.
However, even though money could never make up for the pain of losing a dear family member or friend, it is still important to seek justice, both on their behalf as well as yours.
When someone passes unexpectedly, you will suddenly be forced to face extreme financial challenges, which can range from funeral expenses to the loss of income from the primary provider.
Therefore, it is crucial that a knowledgeable lawyer can help you seek financial stability so that you and your surviving family do not face even more difficulty.
Depending on the specifics of your individual case, you could be eligible to obtain recompense for damages such as:
- A decreased current income and loss of future wages
- A sudden loss of love and society
- Extensive funeral and memorial costs
- A rapid deprivation of benefits
- An absence of inheritance
- Excruciating bereavement, suffering, and pain
- A large amount of remaining medical bills
- A forfeiture of protection and care
- Loss of consortium
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Catastrophic Injury FAQ
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What are the most common causes of catastrophic injuries?
Catastrophic injuries can be caused by several types of accidents, including:
- Pedestrian accidents
- Truck accidents
- Motorcycle accidents
- Bicycling accidents
- Boating accidents
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Work-related accidents
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What types of compensation can victims of catastrophic injuries in Delray Beach claim?
Victims of catastrophic injuries in Delray Beach can claim compensation for various damages, including medical expenses, loss of income, pain and suffering, loss of enjoyment of life, and long-term care costs. An experienced personal injury lawyer can assist in evaluating the full extent of the damages to ensure that victims receive the compensation they deserve.
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How soon should I contact a personal injury lawyer after sustaining a catastrophic injury in Delray Beach?
It is essential to contact a personal injury lawyer as soon as possible after sustaining a catastrophic injury in Delray Beach. Prompt legal consultation ensures that your rights are protected, evidence is preserved, and all necessary steps are taken to build a strong compensation case. Early intervention by a lawyer can be pivotal in the outcome of your claim.
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Personal Injury FAQ
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How much money is my personal injury claim worth?Every personal injury claim is unique. There are so many factors that determine a personal injury settlement—how serious the plaintiff’s injuries are, the defendant’s assets, the strength of the claim, etc.—that it is impossible to provide a one size fits all answer to this question. However, consulting with a personal injury lawyer should give you a good idea of what your specific case is worth.
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What damages are available in a personal injury claim?You can receive compensation for any accident-related losses you have suffered, including (but not limited to) the full cost of your medical treatment, lost wages, and pain and suffering. Make sure to save all bills, receipts, and correspondence related to your claim so you can be properly reimbursed.
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What is Florida's 14 day PIP rule?Under Florida's no-fault system, you have 14 days to get medical care for the injuries you suffered in a Florida car accident or your PIP provider may deny your claim benefits. As long as you have received medical care at a hospital, ambulatory surgical center and/or from a statutory approved health care provider within 14 days and are determined to have sustained am “Emergency Medical Condition” your PIP provider should be responsible for the reimbursement for medical services up to $10,000.00. If, however, you are determined not to have sustained an “Emergency Medical Condition” your PIP provider may only be responsible for reimbursement up to $2,500.00. This time is required in order for you to be able to file a claim for compensation through your no-fault, personal injury protection insurance (PIP).
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What is the personal injury statute of limitations in Florida?In Florida, the deadline to file a personal injury claim (also known as the statute of limitations) is four (4) years.
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How often do personal injury claims go to court?Not very. Most personal injury claims are settled with negotiations and never see the inside of a courtroom. Only about 5% of personal injury cases in the U.S. make it to trial. However, we always prepare our cases for trial just in case.
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Do I need to hire a lawyer for a personal injury case?Whether or not you should hire a lawyer depends largely on two factors: the extent of the damages and your personal preference. If you were in a minor accident that resulted in minor injuries and it is clear who is at fault, you can probably handle the claim on your own. If you have suffered serious injuries, the liable party is being uncooperative and denying fault, and/or other factors are making the case more complex than you feel capable of handling on your own, hiring an attorney is likely a good call. However, ultimately the choice is yours. We recommend at least consulting with a lawyer—or even a few—before making your final decision.
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