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3 Ways To Keep Your Family Safe On a Beach Vacation

Family lawyersThere’s no better feeling than planning and executing the perfect family vacation, especially when that getaway involves the beach. Whether you are swimming, sunbathing, enjoying the waves on jet-skis, or sailing, a beach vacation can be packed with days of fun.

But staying safe is one of the biggest concerns you will have, so here are safety tips for family travel when you are headed to a sandy paradise.

Tips For a Safe Family Beach Vacation 

Some of the ways you can keep your family safe during a beach vacation include:

  • Don’t Drink and Boat – Drinking to excess while you’re operating a boat is dangerous, because you can become so impaired that you don’t heed dangers on the water. But it’s also dangerous, because if you or one of your children falls overboard, your drinking could impair your ability to save yourself or your kids.
  • Don’t Dive Without Knowing the Water’s Depth – Diving off a boat, or even off some rocks or cliffs can be a fun activity. But unless you are accompanied by a guide who knows exactly how deep the water is, avoid diving, because you or your kids could strike the bottom with enough force to knock you out or cause a serious head injury. And even if you know the depth and it’s safe, dive feet-first to give you the best chance at avoiding a head injury.
  • Don’t Swim Without a Lifeguard Present – Many beach resorts are popular because of the opportunity for people to swim and surf. But you should never swim at a beach that doesn’t have a lifeguard. There are many different water conditions at beach resorts, and it’s likely you don’t know these conditions well enough to determine things such as the force of a tide and the size of the waves. And if something happens to you or one of your children during a swim, having a professional lifeguard present can be a lifesaver.

Remember that if you are injured at a beach resort and you believe that the injury was due to negligence, you may have the grounds for a personal injury lawsuit. 

Helping Protect Your Rights When Things Go Wrong 

No family plans for something to go wrong when they are on vacation, but it does happen, and when you find yourself needing a legal representative due to some type of personal injury accident or event, you want to hire the most experienced and successful firm. There are very few ‘sure things’ when it comes to personal injury claims, and one mistake can be the difference between victory and defeat.

So when you find your vacation marred by an event you couldn’t foresee, make sure you contact a firm that has a track record of handling those types of cases. Experience means nothing without success, and our firm has both. Call us today to schedule a free evaluation of your case.

What Is a Demand Letter In Car Accident Injury Claims?

Car Accident Attorney After you’ve been injured in a car accident that wasn’t your fault, you may have the right to file a civil suit against the person responsible.

The personal injury attorney who takes your case will gather all the evidence in your favor, and then will reach out to the representative of the insurance company that provides liability coverage to person who caused the accident.

Typically, the first contact will be in the form of what is known as a ‘demand letter,’ which details exactly what you are looking for in terms of compensation for your injuries.

What Details Are Included In a Demand Letter For Car Accident Injury Claims? 

A demand letter is the first step in trying to get the other side’s insurance company to compensate you without having to go to court.

Demand letters commonly include:

  • Official Police Report of the Accident– This often includes photos and videos that were taken at the accident scene.
  • Description of the Incident
  • Explanation of How Other Person Caused Accident
  • Explanation of Victim’s Injuries
  • List of Medical Expenses– This often includes medical bills
  • Proof of Lost Wages – This usually requires a letter from an employer or contractor that details days missed and pay lost.
  • Other Losses – This is usually known as the ‘pain and suffering’ portion of the letter in which your lawyer details the changes in your daily life caused by the accident. For example, some car accident victims may develop symptoms of Post Traumatic Stress Disorder (PTSD), which can create anxiety and distress.
  • Settlement Demand – This usually comes at the end, because it is the amount of money that your lawyer is ‘demanding’ for all the losses and expenses you have suffered due to the car accident.

 What Happens After Your Lawyer Sends a Demand Letter? 

Sending a demand letter doesn’t mean that the other person’s insurance company will agree to things that your lawyer has asked for, and in fact, in most claims, this is just the beginning of the process.

The insurance company representative will likely come back with a counteroffer, or dispute some of the details included in the demand letter, and that usually leads to back-and-forth negotiations to avoid a jury trial.

Car Accidents Are Not Always Simple Claims 

Some victims of car accidents believe that their cases will be easy to resolve, but even in claims in which fault is obvious, the other party’s insurance company may not want its client to take responsibility for the accident. That’s why a strong demand letter is just the beginning in formulating a winning strategy for your claim. The team of Fetterman & Associates, P.A. has the experience to help you get everything you deserve after you suffer injuries in a car accident. Please call us today at (561) 561-845-2510 to schedule a free consultation.

Additional reading

3 Things You Should NOT Do After an Auto Accident

Do You Need a Car Accident Attorney?

Comments By Evan Fetterman

Two hundred and fifty years ago, other than the native Americans who lived here for centuries, we were all immigrants.  We sought refuge from tyrannical rulers who tried to determine the destiny of all their subjects.  There were no supermarkets, no cell phones, no more comforts than candlelight in the dark and fire to keep us warm.  By 1776 our brave forefathers declared our independence.  And by 1787 we embarked on the great experiment of democracy with the establishment of our Constitution.  “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”   Yes, a great nation was then born.  And yet, some words were still feared:  “The British are coming” indicated British soldiers.  The people were the government of the United States, and yet, there was an innate fear of all governments.  The Bill of Rights set for the basic rights of the people, including the Second Amendment, the right to bear arms.  “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  At a time when we provided our own security, at a time when one hunted for food for sustenance, at a time when foreign invaders were a real threat to an infant nation, the powder ball and musket were a real necessity.

Comment by Evan-FettermanFast forward to the present, some two hundred thirty years later.  Life is not only different but more complicated.  Every day, guns are used to kill and maim our fellow citizens.  Every day, there are those among us who seek to totally remove any restriction on the ownership and use of guns and firearms in general.  We no longer speak of powder ball muskets.  We now speak of handguns of all sorts, with laser sights, and automatic repeating triggers, rifles and automatic rifles, and machine guns.

And each time there is another tragedy, each time there are numerous senseless deaths by shooting, these same people call for less weapon restriction arguing that is for protection.  We have heard it so often.  Shooting of Presidents, shootings of children at Sandy Hook, shootings of politicians, mass killings in nightclubs in Orlando, in Las Vegas, and now again close to home in Ft. Lauderdale.  And even with the continued liberalization of our gun control laws, the carnage continues.  (Isn’t liberalization an ironic word used in this context?)

We have just suffered through another senseless tragedy.  Our leaders will soon recite the parody that guns do not kill people, people kill people.  And they will offer their thoughts and prayers to the families who mourn the senseless loss of their loved ones.

I call on all of you to now rise up and face reality.  Tell your leaders that you will no longer accept their meaningless platitudes.  Prayers are wonderful, but they are not a solution to an endemic problem.  We do not need firearms to obtain our food.  We do not need firearms to protect us from any facet of our government.  We do not need firearms to protect us from foreign invaders.  And firearms in ever increasing numbers, with the ever-diminishing restriction on their use, have in no way protected us from the senseless slaughter we suffer on a regular basis.

No one can own or operate a motor vehicle without first obtaining an appropriate license.  Tests must be passed, and a basic proficiency must be shown.  And the operation of motor vehicles is closely regulated by law enforcement on a regular basis.  There are no such restrictions on the use and ownership of firearms.  It is time to demand common sense restrictions.  It is time to demand that we are all entitled to freedom from worry about the next mass execution.  It is time to demand that we are entitled to real action from our so-called leaders.  It is time to tell the politicians of America that we have had enough, and we are not going to take it anymore.  We live in the 21st century, not the 18th century, and we will no longer let a vocal minority rationalize for all of us that what was necessary more than two hundred years ago is necessary today.  Tell them they are wrong.  Guns do kill people, and we are sick and tired of the tragedy and pain.

How to File a Nursing Home Abuse Lawsuit

Nursing Home AbuseHaving to send a loved one to live in a nursing home is never an easy decision. If you are like most people, you likely take the time to find the best care possible. Unfortunately, even with extensive due diligence, nursing home abuse may still occur.

If you, or someone in your family, has been a victim of nursing home abuse, then you are likely going to have questions, as well as concerns, about what legal rights you have – including what you need to do to file a lawsuit against the parties perpetrating the abuse. While the situation may be scary, filing a lawsuit is a step in the right direction to help you seek justice and protect your rights.

Filing a Nursing Home Abuse Lawsuit Step 1: Find an Attorney

If you are thinking about filing a nursing home abuse lawsuit, then the first step you should take is to find a qualified, experienced attorney who specializes in this type of case. Because of how complex these cases can be, having a legal professional who understands the law is essential.

Filing a Nursing Home Abuse Lawsuit Step 2: Getting Ready to File

Once you have found an experienced attorney, you need to prepare to file the lawsuit. You will work with your lawyer to gather any information you can, including documents that include photos or video, witness statements, medical records and contracts with the nursing home. After all the needed information has been acquired, and it is determined that you definitely have a case, then you can begin the filing process. In most cases, this is something your nursing home abuse attorney will take care of with you.

Filing a Nursing Home Abuse Lawsuit Step 3: The Complaint or Petition

The actual lawsuit you file is referred to as the petition or complaint. This is the document that identifies the claims that you are making against the defendants. Additionally, this complaint will identify the legal reasoning for the claim, all facts relating to this claim, and the relief that you are seeking. You will file this complaint with your jurisdiction’s Clerk of Court, and it will be served to the named defendants after it is filed with the court.

Filing a Nursing Home Abuse Lawsuit Step 4: The Legal Process

Once your lawsuit is filed, the next step in the process is to gather information, interview witnesses, ask questions and getting ready for the case resolution. The amount of time that this process will take varies from one case to another and is dependent on the individual facts and circumstances of the case.

Keep in mind, each of the aforementioned steps in the lawsuit process are important in regard to achieving a resolution that is successful. Together, you and your attorney can determine what the best options are to help secure a positive outcome, regardless of if it is settling out of the court room, or pursuing a more formal trial.

If you are facing a situation of nursing home abuse, then hiring an attorney is going to be the best option. To ask questions and find out more about this, contact the team of lawyers at Fetterman & Associates by calling 561-845-2510.

Additional Reading

Nursing Home Abuse: Warning Signs Your Loved One is a Victim of Financial Exploitation

How to Prevent Burn Injuries

What to Do After Suffering a Personal Injury in a Hit and Run Accident?

Regardless of how careful you may be on the road a single careless person can cause an accident in the blink of an eye. Unfortunately, in the state of Florida, hit and run accidents happen all too often. If you have suffered a personal injury during a hit and run accident, you need to take a few steps right away to help preserve your case.

Steps to Take After Suffering a Personal Injury in a Hit and Run Accident

If you have been hit by another vehicle, and they drove away, there are five things you should try to do right away. These include:

  • Contact law enforcement
  • Provide a statement to the police and have a report filed
  • Acquire the names and contact information for anyone who may have seen the accident
  • Take pictures or video of your vehicle’s damage and any personal injuries you have suffered
  • Get medical treatment for injuries

The Presumption of Negligence in Hit and Run Accidents Resulting in a Personal Injury

Personal Injury LawyersThe state of Florida allows for the presumption of negligence in cases such as hit and runs. Because a jury may conclude that any driver who leaves the scene after an accident has been negligent, it makes sense that the actual act of leaving is also considered indicative of the other driver’s degree of fault.

In this case, an example would be that juries could reasonably state that drivers who are only one percent at fault for the accident would be much less likely to leave the scene, than one who was more at fault. Additionally, the jury may determine drivers who are 99 percent at fault are more likely to leave the scene than one who was less at fault.

Additionally, if you were the victim of a hit and run accident, and the personal injury you incur involves mental anguish because of the other person leaving the scene, then you may be entitled to receive additional damages. The additional suffering that you encounter because of the circumstances of the accident is something relevant to prove, and that is probative of your damages.

Insurance Impact on Personal Injuries Resulting from Hit and Run Accidents

One of the issues that has the most impact on the case is related to insurance coverage for you, as well as the at-fault part. Currently, the state of Florida doesn’t require drivers to have bodily injury coverage, but it does require $10,000 in PIP, and $10,000 in property coverage. In most cases, your own PIP coverage is what will be used to handle your medical costs after a hit and run accident.

However, if you believe that you deserve more, or that your pain and suffering surpassed the limits of Florida’s insurance coverage, then the best thing you can do is contact a personal injury attorney. They can review the facts of your case to determine the best course of action for the situation.

More information about hit and run accidents and the personal injury issues you may encounter can be found by contacting an attorney. If you need help or have questions, contact the team of lawyers from Fetterman & Associates by calling 561-845-2510.

Additional Reading

What are the Florida Cell Phone and Driving Laws?

Car Accidents Considered Top Cause of TBI in the U.S.

Child Injuries: Unsecured Televisions a Top Cause and Why You Should Hire a Personal Injury Lawyer

Virtually any home you visit, and likely even your own, has massive flat screen televisions situated on a shelf or attached to the wall. Unfortunately, what many parents fail to realize is that these amazing sources of entertainment can also result in serious injuries to their children.

Personal Injury LawyerBetween the years of 1990 and 2011 the number of children who suffered an injury because of falling televisions increased by 125 percent. Additionally, over 17,000 children, less than 18 years of age, are treated each year in emergency rooms because of television-related accidents. To put this in perspective, that’s one child every 30 minutes, according to the Journal of Pediatrics.

While some consider injuries related to televisions in the home as the parent’s responsibility, you have to wonder if manufacturers should include some type of warning regarding the potential dangers of this incident and what may happen. If your child is injured in a falling television-related accident, the best thing you can do is contact a personal injury attorney for assistance.

Common Injuries from a TV Fall Incident and How a Personal Injury Lawyer Can Help

The most common injuries that personal injury attorneys see related to television tip-over and falling incidents include:

  • Cuts, bruises and lacerations
  • Broken bones
  • Internal bleeding
  • Traumatic brain injuries and other head injuries

In fact, according to statistics, the most commonly injured body parts were the head and neck area. However, the injuries ranged from minor, being bruises and scratches, to severe, including death.

A personal injury attorney can review the facts of your case to determine if the manufacturer, seller or another party is evenly partially at-fault for the injury your child incurred. If they are, they can then help you pursue a personal injury lawsuit to recover damages for the injuries and expenses you have sustained.

Protecting Your Children from Needing Help from Personal Injury Attorneys

The best way for parents to protect their children from potentially severe injuries because of a falling television is to secure the TV to a wall or other sturdy object. Also, parents should avoid putting toys, the remote or anything else on furniture that a television is sitting on, as this is one of the top reasons that children climb on furniture and suffer television tip-over accidents.

In addition to securing your televisions, manufacturers and sellers of all televisions should include warnings regarding the tip over risk. In some cases, if this warning was not present when the television was purchased, the injured party may be able to file a liability lawsuit; however, this is something that should be discussed with a personal injury attorney to figure out for sure.

If your child has been a victim of a television tip-over accident, then it is a good idea to contact a personal injury attorney today. They can review the facts of your case and help you recover the compensation you deserve for the injuries incurred. For more information about filing a personal injury lawsuit, contact the team of attorneys at Fetterman & Associates by calling 561-845-2510.

Additional Reading

5 Common Errors in Child Car Seat Installation

Toys on the Bad List: Keep Your Child Safe

3 Things Senior Drivers Can Do to Avoid Needing an Auto Accident Attorney

Recent studies show that there are over 40 million licensed drivers in the United States over the age of 65. The older a person gets, the harder it may be for them to drive safely on the roadways of their area. If a senior is involved in an accident, it can do a lot of harm to their body and their vehicle. The main goal a senior driver should have is avoiding these accidents and the need for an auto accident attorney. While there will be times when accidents are unavoidable, there are a number of things a senior can do to reduce their chances of being involved in an auto accident. Read below to find out about some of the things a senior driver should focus on when attempting to stay out of harm’s way while on the roadways in their area.

Steering Clear of Distracted Driving Can Help a Senior Avoid Needing an Auto Accident Attorney

Auto Accident AttorneyThe rise of mobile devices has been both a good and bad thing. While these devices help people stay connected to the world around them, they can cause a lot of problems when a person is trying to focus on driving. If a senior has a cell phone, they will need to avoid using it in order to stay safe while behind the wheel. Making a rule to only use a cell phone in an emergency situation is essential for a senior trying to steer clear of distracted driving.

There are also a variety of hands-free devices on the market that will allow a senior to use talk on their phone without taking their hands off of the wheel. Many of the newer cars on the market feature state-of-the-art infotainment system that will allow the owner to talk on their phone with ease. The best course of action when trying to avoid distracted driving is to put your phone away until you reach your destination.

Not Driving in Bad Weather Can Reduce the Need For an Auto Accident Attorney

When it is raining or snowing outside, the danger on the roadways in an area increases substantially. If a senior already has a hard time seeing at night, then getting out on the roads during a rain or snowstorm at night is a bad idea. A senior will need to focus on what their limitations are and use this information to dictate whether or not they need to get behind the wheel.

The chance of auto accidents increase when bad weather is present, which is why a senior needs to stay off the road unless there is an emergency. While stay indoors for hours on end may be a bit annoying, it is the best way for a senior driver to stay safe in bad weather situations.

Maintaining an Automobile Can Help Reduce the Need for an Auto Accident Attorney

Keeping a car in good working order is also a great way to reduce the need for an auto accident attorney. Failing to maintain vital systems like a car’s brakes or engine can lead to a variety of problems. Without the full stopping power of a car’s brakes, a senior will be putting themselves and other motorists at risk. Working with a knowledgeable mechanic is the only way to ensure a car is maintained properly.

If you are injured in an auto accident and need legal assistance, contact our team from Fetterman & Associates by calling 561-845-2510.

Additional Reading

Car Accidents Considered Top Cause of TBI in the U.S.

How to Avoid an Auto Accident with a Self-Driving Car

The Pros and Cons of Speed Limiters To Lower Truck Accidents In Florida

According to recent statistics, 3,986 people were killed in commercial truck accidents in 2016, and only 17 percent of those people were the occupants of commercial trucks. In fact, a staggering 66 percent of all deaths involving commercial truck were drivers and passengers in other vehicles, and another 16 percent were pedestrians, bicycle riders and motorcyclists. And since 2007, there has been a 27-percent increase in the number of fatalities involving commercial trucks.Truck Accidents Lawyers

So it’s no surprise that the government has been trying to lower the number of truck accidents in the U.S., and one of the ways they have proposed to do that is by introducing speed limiters.

In August 2016, the Federal Motor Carrier Safety Administration (FMCSA) proposed that all commercial truck carriers install speed limiters in their vehicles.

This proposal has been met with a fair amount of debate between truck carriers, truck lobbyists and the government, and while the speed limiters remain only a possibility as opposed to an actual regulation, it’s important to understand the pros and cons of these devices as it relates to lowering truck accident rates.

What Are Speed Limiters and How Could They Lower the Number of Truck Accidents?

 Speed limiters are devices that prevent a vehicle from exceeding a preset speed limit. When the FMCSA made its proposal in 2016, it had not decided on a speed limit it felt would be appropriate, so it proposed three limits: 60 miles per hour, 65 mph and 68 mph.

When installed, speed limiters automatically keep a vehicle at the preset limit no matter what a driver does to increase that speed.

The FMCSA made the proposal because it has identified speed as one of the primary factors that causes commercial truck accidents.

In fact, the term ‘speeding of any kind’ has been one of the most significant factors in commercial truck accidents for the past decade, and that isn’t surprising, because when commercial truck drivers speed, several things happen, including:

  • They Lose Control – Truck drivers can quickly lose control of their vehicles when they exceed the posted speed limit. And a 26-ton truck that careens out of control can cause devastating damage when it hits smaller vehicles or even a pedestrian.
  • They Fail To Brake In Time – It takes much longer to bring a commercial vehicle to a stop than it does to bring a car or small truck to a stop. So when a truck driver is speeding, he or she often can’t brake in time to prevent a rear-end accident or some other type of impact on the road.
  • They Hit Other Vehicles With Greater Impact – Speeding also significantly increases the severity of impact when a commercial truck hits another vehicle. This often means that injuries caused by a speeding truck are much more severe than injuries caused by a truck that is traveling below the speed limit.

Because of these realities, the FMCSA believes that curbing the maximum speed of a commercial truck can help to lower situations that lead to fatal crashes.

IIHS Study Shows Link Between Speed Limits and Accidents

 And a study by the Insurance Institute of Highway Safety (IIHS) has supported the FMCSA’s belief that excessive speed causes accidents.

The IIHS study found that if speed limits had remained where they were in 1993, 30,000 lives could have been saved from 1993 to 2013.

In other words, the IIHS found that as speed limits throughout the U.S. increased, there was also a corresponding increase in crashes that could directly or indirectly be attributed to speeding.

Speed limiters could provide a technological barrier to the tendency of commercial truck drivers to speed in an effort to meet strict delivery deadlines, and create a culture in which those drivers learned to maintain a reasonable and safe speed.

The Debate About the Pros and Cons of Speed Limiters

 Since the FMCSA proposed its speed limiter regulation, there has been fierce debate on both sides of the issue.

The Owner-Operated Independence Drivers Association (OOIDA), one of the premier commercial truck organizations, does not believe that speed limiters are the answer to lowering the rate of truck accidents.

OOIDA spokespersons argue that speed limiters would create speed differentials that could cause even more accidents.

Speed differentials refers to the difference in traveling speed between vehicles on the road. The OOIDA argues that commercial trucks with speed limiters would travel at a lower speed than other vehicles on the road, and that these differentials would create more crashes.

The FMCSA countered that argument by saying that speed differentials already exist, and that the installation of speed limiters would save thousands of lives and also save more than $1 billion in fuel costs every year.

And seven states have already set lower speed limits for commercial trucks, which the FMCSA believes points to the value of restricting the speed of these vehicles.

As of now, however, the new presidential administration has shown no interest in bringing the speed limiter proposal to a formal hearing, so the proposal remains stalled unless a government  official breathes new life into it.

Finding An Advocate For Your Personal Injury 

While the debate over the effectiveness of speed limiters continues to rage between truck carriers and the government, commercial truck drivers are still causing devastating accidents that leave both physical and psychological scars. If you have been injured in an accident in which a commercial truck driver was at fault, you may be entitled to compensation for your medical bills, loss of income, and your pain and suffering. But it’s important that you secure representation as soon as possible, because the more time that passes, the more time that truck carrier’s insurance company can mount a case against you. The Law Team of Fetterman & Associates has been helping personal injury clients for more than 40 years. Please call us today at 561-845-2510 to schedule a free case evaluation.

Additional Reading

Dangerous Myths About Truck Accidents

Distracted Driving Leads to Personal Injury

What Does Personal Injury Really Mean?

If you have been injured, then you may find yourself wondering whether you can take legal action or not. So, what does personal injury really mean, and how does filing a personal injury lawsuit work?

Personal Injury Attorney

First off, personal injury is any injury to an individual, when defined simply. However, when it comes to personal injury law, this can become more complex. Personal injury can include car accidents where you were not at fault, work-related injuries, pedestrian accidents, slip-and-fall incidents, and much more. Depending on the complexity of your case, you will likely want to seek out a personal injury attorney that has experience working with cases like your own.

How Are Personal Injury Cases Settled?

One of the most frustrating things when you are the victim of a personal injury case is waiting for settlement – especially if you are relying on that settlement to pay your medical bills, or even your regular bills while you recover and get ready to go back to work.

There are two main ways that personal injury cases are settled – in a formal lawsuit, or through an informal settlement.

A formal lawsuit allows you (the “plaintiff”) to file a “complaint” of sorts against another person, business, corporation or even a government agency (the “defendant”). When you do this, you are alleging that the individual or entity acted carelessly or irresponsibly in a way that is directly connected with your accident or injury, and was the reason for the resulting harm you suffered. This is basically filing a lawsuit, in which you will go to court and a final settlement amount will be determined by a judge.

An informal settlement on the other hand allows you to settle things outside of the courtroom and is the more common way for a personal injury case to be resolved. This is usually in the form of a settlement, often agreed upon between the injured, the individual or entity being held liable, their insurers, and the attorneys representing both sides. Generally, there is negotiation between the attorneys or a mediator, and when an agreement is met, it is put in writing for both sides to sign.

It also often requires that both sides agree to forgo taking further action (such as a future lawsuit), saving both time and money for all parties involved.

How Long Do I have to File Personal Injury Suit?

How long you can take file your personal injury case, complaint or lawsuit depends on a number of variable factors including where you live, what type of accident took place leading to the injury, and how long ago it happened.

Generally, personal injury claims are subject to something called a Statute of Limitations, which limits how long you can wait to report a claim before you no longer can. This will vary by state, so be sure to check the specific Statute of Limitations for your state if you are considering filing a complaint long after the fact. It will also depend on what type of personal injury case it is –the limitations for filing against an individual (for example a car accident claim) will be different than it is for a sex crime or a workplace injury. However, in most cases, you are better off filing your claim as soon as possible after the injury occurs or is discovered.

If you have questions regarding personal injury law or are looking for representation in a personal injury claim, contact the experienced attorneys at Fetterman & Associates for a free consultation.

Additional Reading:

Why You Should Keep a Personal Injury Journal

Helpful Information Related to Suing for Injuries at Big Box Stores

Working with your Personal Injury Lawyer to Prepare for Trial

Personal Injury LawyerMost personal injury cases settle before trial.  However, sometimes, for any number of reasons, a personal injury case goes to trial.  In trial, either a judge or a jury decides the facts of the case, from who is at fault to how much money an injured party may be entitled to.  Of course, working with your personal injury lawyer to prepare for trial is a critical step in the process.

Understanding how a Personal Injury Lawyer Prepares for Trial

Different lawyers prepare for trial differently. However, all personal injury lawyers prepare for trial in some way or another.  Much of your personal injury lawyer’s preparation happens without your presence or knowledge.  However, as the injured party, expect to testify in your case.  As such, you can expect your personal injury attorney and his team will want to meet with you prior to trial to discuss things such as:

  • Your testimony; as well as
  • General rules regarding testimony.

Understanding Testimony in a Personal Injury Trial

If you watch television at all, you have probably seen one or more grilling cross examination scenes.  Don’t let those television scenes, designed for maximum drama, intimidate you.  In real life, participants generally find things are not that dramatic.  Your personal injury attorney will want to meet with you ahead of your trial to discuss your case and your testimony.

You will first be asked open ended questions, where you have the opportunity to describe your accident, how it impacted your health and well-being, your recovery, and anything else your personal injury attorney believes is important.  Some attorneys practice anticipated cross examination as well.  Cross examination is very different from direct exam.  Most of the time, cross examination consists of yes or no questions.

For both direct and cross examination, your personal injury attorney west palm beach will discuss their expectations about your testimony.  Sometimes, your personal injury attorney may review evidence with you, such as photos of the scene of the accident, your medical bills, your personal injury journal, or other exhibits.  If you gave a deposition, your personal injury attorney will ask you to review that testimony as well.

General Rules Regarding Testimony

Here are some basic general rules of testimony that hold true in every case.

  • Tell the truth.
  • If you don’t understand the question, don’t guess as to what the lawyer means. Ask for clarification.
  • If you didn’t hear the question, don’t guess the content of the question. Ask for clarification.
  • If you don’t know the answer, indicate you don’t know the answer. Don’t guess.
  • Listen to the question. Answer only the question asked, regardless of what you think the question should have been.
  • Only provide information directly related to the question asked. Don’t add more information that wasn’t asked about.
  • Take your time. Many attorneys encourage witnesses take a deep breath before answering each question. This gives the witness time to think about what was asked and organize their thoughts.
  • Finally, resist overstating or understating the extent of your injuries.

If You Have Been Injured

If you have been injured, you need an advocate on your side, representing your best interests and fighting for you.  The personal injury attorneys at Fetterman & Associates have the experience you need to advocate for you.  Contact us at 561-845-2510 to discuss your case.

Additional Reading

Why You Should Keep a Personal Injury Journal

Personal Injury Settlements: What to Know in West Palm Beach

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