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How do Personal Injury Attorneys Get Paid?

There are many people who are reluctant to file personal injury lawsuits after they are injured by the negligence of another person or entity. In most cases, the reason they are hesitant to seek legal representation is because they believe they won’t be able to afford the lawyer’s fees or other related legal expenses.

Personal Injury However, in the majority of cases, those who file a lawsuit against the negligent party will not pay anything out-of-pocket or up front. This is due to the fact that the majority of personal injury attorneys will handle these cases on a contingency fee basis.

What Does a Contingency Fee Mean in Relation to a Personal Injury Case?

A contingency fee means that the fee is only applied if the lawyer successfully represents the case and helps you recover monetary compensation.

This means that whether or not you win is what determines if your attorney gets paid. If your attorney is unsuccessful, then you don’t have to pay the attorney. If the case is successful, the attorney will receive a pre-determined percentage of the award.

How Much is the Standard Contingency Fee for Personal Injury Lawsuits?

The next question that clients have is how much the attorney will receive. However, this is not a question that has a black and white answer as this depends on several factors. In most cases, the attorney will receive a percentage of the amount recovered, rather than a flat rate. When the lawyer first agrees to take on the case, they will get the client to sign an agreement that determines what percentage will be paid. The percentage will depend on how challenging the case is.

If a lawyer is not successful and does not win the case, they will not charge any fee for the work they do. However, most attorneys will charge the costs they incurred while trying to pursue the case. If the plaintiff makes the decision to change attorneys or not to go through with the lawsuit, the attorneys will likely charge for the time they put into the case. All of this will be outlined in the client-attorney agreement.

What This Means for Your Personal Injury Case

If you are planning on filing a personal injury lawsuit, there are many factors that you will need to consider. However, if you are worried about the cost, this may be something you can cross off the list. Since most personal injury attorneys work on a contingency fee basis, you don’t have to worry about putting money upfront.

If you are ready to begin the filing process, you need to hire a personal injury attorney in Florida. To learn more, contact our team of expert attorneys at Fetterman & Associates by calling 561-845-2510. They can review the facts of your case to determine whether or not it is worth pursuing.

Additional Reading:

Are Expert Witnesses Necessary in Personal Injury Cases?

Accident Lawyer Discusses: Mistakes to Avoid After a Car Accident

What is a Parent’s Legal Liability for Car Accidents that Involve their Child?

All kids make mistakes. A general rule that is in place is that the law doesn’t allow individuals who are injured by the negligent actions of a child to seek compensation from the child or from their parents. However, if the child causes an injury because of willful misconduct or engages in certain types of dangerous activities when an accident takes place, the guardian or parent may be considered legally responsible for the property damage or injury that results from the negligent conduct of their minor child. Car Accidents

The most common example of this type of event is when a minor child causes a traffic accident.

Florida’s Law Related to Car Accidents Involving Minors

In the state of Florida, a guardian or parent who verifies the driver’s license of a minor may be held financially liable for any injury that is caused by the minor during the accident. There is no limit on the total amount of recovery that can be sought. However, to establish that a parent or a guardian is liable for the negligent conduct of the minor, the victim of the accident has to establish that all of the elements of negligence are present. Specifically, this means that the accident victim has to prove that the negligent action of the minor resulted in the accident and caused the resulting injuries.There is no type of requirement that the parent or the guardian was negligent in supervising the minor.

Serious Car Accidents Involving Teens

An example of an accident that involved a minor driver is when seven people suffered injuries during a single vehicle accident. According to the report, the driver of a SUV was a 14-year-old who was driving six passengers. The teen tried to change lanes but did not see the driver in the other lane. The teen tried to fix the mistake and overcorrected. At this point, he lost control of the SUV and spun out of control. The SUV wound up hitting a highway barrier nearby.

All of the people inside of the vehicle, including the driver, were injured in the accident. According to the aunt of the boy, he was allowed to drive to practice before getting his license and it wasn’t his first time behind the wheel.

What To Do if You are Injured in a Car Accident Involving a Minor

If you are ever involved in a car accident with a minor driver, then you may be able to receive monetary compensation for the injuries and damages that occurred as a result. At this point, it is best to hire a personal injury attorney who has experience with these types of cases to determine what your rights are and who is liable for the accident that occurred.

If you have questions or need more information, contact the attorneys at Fetterman & Associates by calling 561-845-2510. Qualified legal representation can ensure your rights are protected and that you receive as much monetary compensation possible for the injuries you sustained.

Additional Reading:

Texting and Driving May Become a Primary Offense in Florida

Understanding the 5 Common Injuries in Car Accidents

Accidents that May Result in Traumatic Brain Injuries

Every year, approximately 2.6 million people suffer because of some type of brain injury in the United States. There are several reasons for this type of injury, including a tumor, stroke, trauma or another illness. Of those 2.6 million victims, 52,000 die each year due to a traumatic brain injury (TBI) and more than five million who have suffered this injury require some type of ongoing assistance in handling day to day tasks.

Accidents leading to TBI

Not only are TBIs dangerous because they can result in death, but they can also be associated with a number of serious symptoms, some that persist for several years after the injury has occurred. As a result, brain injuries are an extremely serious health concern and everyone needs to know what dangers they pose.

If you or someone you love is a victim of a TBI, you should contact a personal injury attorney for help. They can review your case and determine if you have grounds for a lawsuit.

Some of the most common accidents that result in TBI injuries are found here.

Car Accidents

When you are involved in a vehicle accident, your vehicle will stop abruptly. This can cause those inside the vehicle to be thrown the opposite way they were originally traveling. This type of violent action can cause individuals to hit their heads on anything in the vehicle, such as the center console, windows, steering wheel and dashboard.

Motorcycle and Bicycle Accidents

Riding a motorcycle or bicycle is much more dangerous than being in a traditional passenger vehicle. This is because motorcycles and bikes don’t offer very many safety features. Instead, a rider is left out in the open and exposed to the elements. This means the rider’s head may potentially hit the pavement if they are thrown from the bike.

Slips and Falls

If a person slips and falls, they are going to become a victim of gravity. This is what will determine the part of the body that takes the main force of the blow. If the individual falls on a hard surface, then their head may strike it and result in a TBI. This is a serious concern for everyone, but especially the elderly and small children since these individuals are the ones who are least stable while on their feet.

Boating Accidents

Boating and vehicle accidents are similar in how they occur. The impact will result in those inside the boat being thrown in the opposite direction of the way they were heading. A head injury may also occur on a boat because of the back and forth rocking motion in the water.

If you have suffered a TBI, or someone you love has been a victim of this injury, it is imperative that you contact a personal injury attorney for help right away. They can review the facts of your situation to ensure your rights are protected. Learn more about TBIs and the damage they can cause by contacting the personal injury attorneys at Fetterman & Associates by calling 561-845-2510.

Child Passenger Safety and Personal Injury Claims

According to the Centers for Disease Control and Prevention (CDC), in the United States, a leading cause of death among children is motor vehicle injuries. In 2015 alone, 663 children under the age of 12 died as occupants in car crashes – 35% were not buckled up.

Child Passenger Safety

Over 121,350 children were injured in motor vehicle crashes in 2014. In one CDC study, it was found that over 618,000 children between the ages of 0 and 12 years rode in vehicles or cars without a booster seat, seat belt, or child safety seat at least some of the time. This is a frightening statistic, and the worst part is that it is so easily preventable.

Tips on Child Passenger Safety

Parents should be aware of ways to keep their children safe while traveling in a vehicle. Here is a brief look at some crucial child passenger safety tips to make sure that your child is always secure when you are driving:

  • Make sure that you read the National Safety Council’s position statements on child restraints. Child passenger safety among different modes of transportation is addressed in the statement.
  • You should take advantage of car safety checks that are held across the United States during National Seat Check.
  • If you are pregnant, it is critical to schedule a car seat installation with a certified technician to make sure that you understand child passenger safety before your baby is born.
  • If you have children under 12 years of age, make sure that they ride in the backseat at least through age 12.
  • If your children complain about strapping on a seatbelt, make sure that you never negotiate. Do not start your car until they are buckled up.
  • As a parent, you need to be consistent at all times and wear your seatbelt. Using the driver safety belt has a strong influence on whether or not your child will wear their safety belt.
  • You should keep in mind that all 50 states require child seats with specific criteria. Make sure that you go through your state’s list of child passenger safety laws.
  • The life of a car seat is typically from 6 to 8 years. Make sure that you read about recalls for manufacturers of child seats for at least the past 10 years and keep yourself well informed.
  • Always remember that while airbags can save the lives of older children, and of course adults, they can be highly dangerous, even fatal, for young children.
  • Make sure that you use the LATCH (Lower Anchors and Tethers for Children) seat belt or restraint system to install the car seat in your car and firmly secure forward-facing car seats using the top tether.
  • Register your booster seat and car seat at gov so you will always be informed if your model has a safety recall.
  • You should make it a point to visit your local car seat inspection station so that your seat is properly checked by a Certified Child Passenger Safety Technician.

If you have a child, it is unnecessary to say that their safety inside your vehicle should always come first. Following these child passenger safety tips will help ensure this, and keep your little ones safe and sound when you are driving.

Taking Legal Action for Your Child’s Injury in a Car Accident

If your child is injured in a motor vehicle crash caused by another person’s negligence or carelessness, you should take legal action. Filing a personal injury claim will help you obtain compensation for the injuries your child has suffered. Some accidents can cause traumatic brain injury (TBI), spinal injury, paralysis, and more. Be sure to document all details regarding the accident in order to file for compensation.

When you file a personal injury claim or suit, you may be able to get compensation to make sure that your child receives the required treatment, care, and medications they need for their injuries. You may also be able to get compensation for other damages such as pain and suffering, damage to property, and so on.

If your child has been injured in a car accident, you should immediately consult the reliable personal injury attorneys at Fetterman & Associates. We have a team of highly skilled lawyers who specialize in personal injury claims. Call us at 561-845-2510 for a free consultation today.

Proving Intervening Cause in a Florida Injury Case

Florida Injury CaseWhen a personal injury lawsuit is filed in the state of Florida, the plaintiff – along with the help of their personal injury attorney – has to prove particular facts before they are awarded compensation for the injuries they suffered. The elements that have to be proven will depend on the type of case it is; however, some universal factors are required for all personal injury cases in Florida.

One of the most common – yet often contested – elements in any personal injury case in Florida is the element of causation. This requires that a plaintiff proves that the actions of the defendant were the direct cause of the injuries they sustained. While, in theory, this may sound simple, it is not always a straightforward process.

An Important Example

In a recent case in Florida, the plaintiff in a personal injury suit was riding a motorcycle on the highway. Upon rounding a curve, he came upon an accident with no warning and was not able to stop safely, resulting in another accident. As a result, the motorcyclist sustained severe injuries.

The plaintiff filed a personal injury suit against the person who caused the accident resulting in the crash. The driver was intoxicated and lost control of his vehicle while speeding. The initial accident took place about an hour and a half before the motorcyclist arrived.

The driver of the initial accident passed away, but according to defense from his estate, the negligence of the initial motorist was too attenuated for it to be considered the cause of the injuries to the plaintiff. Also, the estate made clear that it was the highway patrol that did not warn approaching motorists of the accident ahead.

The Court’s Ruling

The court finally ruled that the deceased motorist was not responsible for the plaintiff’s injuries. While, in most cases, if a certain party had set in motion certain events that led to injuries, they would be held responsible, this was not true for this particular case. The continuous and natural sequence of the connection between the injury and the negligent conduct had been broken, which meant that the original wrongdoer was no longer considered liable.

In this particular case, it was determined that it was the highway patrol that failed to warn of the accident, which is what caused the motorcyclist to be involved in a crash.

What to Do if You are Involved in a Motorcycle Accident?

If you have suffered an injury in a motorcycle accident, or a loved one has been killed in this type of situation, you need to contact a personal injury attorney. They can review the facts of the case to determine if you should be given compensation. If so, they will work to prove who is liable and who owes you for your injuries and damage.

To learn more or speak to someone about the questions you may have, contact the motorcycle accident attorneys at Fetterman & Associates by calling 561-845-2510. Being informed is the best way to know when legal help could benefit you.

Court-Imposed Sanctions in Place for Not Complying with a Discovery Request

If a person or party files a personal injury lawsuit against someone or another entity, the case will move through several different stages until it ultimately goes to trial. An essential and contentious phase of a personal injury lawsuit occurs during the pre-trial discovery phase.

Court Imposed Sanctions

During this phase, the parties are making requests for certain types of evidence from the other party. It is only possible for one party to request evidence that is relevant to the case or that may give rise to finding other relevant information. After a request for evidence is made, the judge will make a ruling on the request. If it is ruled that the material requested is released, then the party that has the evidence is required – by law – to provide it. If the party does not comply, then it may result in sanctions.

What are Sanctions?

The sanctions related to violating a pre-trial discovery will vary, based on the type and the severity of the violation. It is not completely unheard of for a court to dismiss a person’s case if they withhold evidence from the other party. If evidence is withheld, then the court may prevent other evidence from being introduced, or they may impose a fine. However, the fine that is imposed is only able to be for the actual fees the plaintiff spent because of the defendant’s purposeful bad faith.

Here you can learn about a recent case seen in the U.S. Supreme Court that helps to illustrate this concept.

The Case’s Facts

The plaintiff in this particular case wound up filing a product liability lawsuit against the Goodyear Company after one of their tires blew on the individual’s motorhome. During the course of the discovery process, the plaintiff requested any results from tests that the company had done on the tire in question. Goodyear took too much time to respond to the request and wound up admitting that there were no tests done. Before the case went to trail, it was settled.

Several months after the settlement was agreed upon, it was discovered that tests had been done on the tire and that Goodyear intentionally hid the results. At this point, the plaintiffs asked the court to impose discovery sanctions, which wound up being a fine of $2.7 million, which was what the plaintiff had to spend on legal fees.

Reversing of Both Fines by the Supreme Court

Because neither party complied with the law, the Supreme Court reversed the imposed fines. The court gave the explanation that the plaintiffs should only receive compensation for the costs that were related to the bad faith. As a result, the lower court had to calculate the costs that were actually incurred by the plaintiffs.

If you are injured in an accident and believe the other party is acting in bad faith, then it is a good idea to hire a personal injury attorney. They can help protect your rights. More information about these cases can be found by contacting the attorneys at Fetterman & Associates by calling 561-845-2510.

Bounce House Injuries: Who’s Liable?

There are more than a few videos circulating online of bounce houses uprooting and rolling across the ground, floating over houses and carrying small children away. These horrifying videos alone are enough to keep some parents from letting their kids jump in these inflated death traps.

However, the popularity of bounce houses is going up. With this increased popularity comes the increased risks of serious injuries. While the potential of these types of accidents is extremely low, it is still there, and if your child is injured, you may wonder who is liable.

Bounce House InjuriesDetermining Liability in Bounce House Accidents

When a question of liability comes up, it has to be determined if the child suffered an injury because of negligence. Liability depends on several factors, including:

  • How the injury happened
  • Who was in charge of supervising the children
  • What type of contract was in effect between the renter and the company
  • If the safety guidelines for use were provided and followed
  • If potentially dangerous weather conditions could have been anticipated

The family of the injured child has to be able to prove that one, or several, of the parties who were responsible, didn’t act with a reasonable level of care and that those actions or the lack of action caused the injury.

Hiring an Attorney to Help

If your child was injured because of a bouncy house and you believe that the injury resulted because someone acted in a negligent manner, then it is best to contact a personal injury attorney for assistance. The attorney can investigate the cause of the accident and determine if negligence occurred. In many cases, it can be difficult to determine whether or not negligence was a factor by speaking with an attorney.

Preventing Bounce House Injuries

It takes planning and attention to detail to ensure a happy and safe bounce house experience for children. If a child is injured, regardless of if reasonable care was used by the supervisor or operator to prevent the accident and resulting injury will determine whether or not liability exists. If the company or person should have reasonably understood that an accident may occur but did nothing, then that person or company may be found liable for the damages and injuries that occurred.

There are a number of factors and considerations to make when it comes to proving negligence in a bounce house. It can be an extremely involved process that may require an extensive investigation. If you or someone you love has suffered an injury in a bounce house, because of the negligence of another person, then you may be entitled to monetary compensation. Don’t wait to take action, as the time you have to file a claim is limited.

If you are ready to have your case reviewed, contact the attorneys at Fetterman & Associates PA by calling (561) 845-2510. Knowing your rights and having an attorney to help you with the case will pay off and help you acquire the compensation you deserve.

Top 5 Questions and Answers about Swimming Pool Injuries

For many people, summertime means pool time. Regardless of if that means taking the tarp off your pool in the backyard and inviting all your friends over or taking your children to the public pool, you are likely going to be spending quite a bit of time in and near the water. When you are spending quite a bit of time somewhere, injuries and accidents are bound to happen. The question you may have is whose fault is an injury if it occurs at the pool? Also, who’s liable for the injuries you suffer?

Swimming Pool Injuries

Swimming pools have a unique place in the realm of injury law and can provide a number of unique challenges for owners and those who are injured at a pool. As a result, people likely have quite a few questions about their rights and responsibilities. The top five asked questions (and answers) are found here.

When a pool accident occurs, what laws apply?

Because such a large number of people have pools and there are so many accidents related to pools each year, there are certain injury laws in place that only apply to the swimming pools. Also, there are laws that apply specifically to private pools, as well as specific laws that apply to public pools. If you are unsure of the laws that apply to your situation, then it is best contact a personal injury attorney for clarification.

Can you sue if you slip and fall while at the pool?

If you are hurt while at a pool, the pool owner should be responsible for compensating you for the injuries you have suffered. Unfortunately, not all cases are as cut and dry. You have to prove that the pool owner acted negligent, which is often more complicated than you think.

Do you have a swimming pool that is an attractive nuisance?

This is a phrase that most people aren’t too familiar with. However, when it comes to owning a pool, if you have an “attractive nuisance” on your property, it may result in thousands or even millions of dollars in legal liability. The good news is, there are steps you can take to protect yourself, which an attorney can explain.

If your neighbors build a pool is it necessary for them to put up a fence?

An important part of having an attractive nuisance is taking the proper steps to prevent potential injuries. There are several court precedents and state statutes that require pool owners to put a fence up around their pool to help prevent children from wandering near it and getting hurt.

Are the hotel liability waivers for swimming pools enforceable?

You may find this type of language present in the paperwork you fill out when you check-in or at the pool there may be a single sign, but you may wonder of just stating the hotel isn’t liable for injuries at the pool is enough. This is a touchy subject and depends on several factors. An attorney can help you better understand your rights.

If you have more questions about injuries at swimming pools, then you should contact a personal injury attorney. You can call the attorneys at Fetterman & Associates, PA at 561-449-2372 to ask any questions you may have.

Helpful Information Related to Suing for Injuries at Big Box Stores

If you suffer an injury because of another person’s negligence while you are shopping at a big box store, you may be wondering what you should do to recover damages. There are several factors that must be taken into consideration to determine this. For example, how did the injury occur? If it is clear that the big box store was negligent or at fault, then it may be possible to negotiate a settlement with the organization’s claims representative. However, if the claim is not as obvious, then you may need to hire a premises liability attorney to help prove your case.

Injuries at Big Box Stores

When it comes to big box store lawsuits, Walmart tops the charts regarding how many of these they face annually. Even though it is somewhat difficult to track down recent statistics, at one point in time, the store was facing more than 5,000 new cases each year, which equates to 13 new lawsuits every day.

Around and In a Big Box Store

Big box stores usually have some type of internal procedure they have to follow to document an injury that occurs on the premises. In most cases, this process will include the store management gathering information about how the injury took place and collecting information from witnesses. If the injury is serious, then the store may have the person transported by an ambulance or treated by the paramedics at the location. Remember, if you are in this situation, it is a good idea to focus on your safety and health first, and then a lawsuit.

Lawsuits that arise from slip and fall injuries in big box stores are actually pretty common. Keep in mind, not all injuries result because of negligence or the fault of another person or entity.

Delivery Driver or Product Liability

While big box stores have to face lawsuits from customers who are injured while on-site, there are other ways that lawsuits may occur as well. For example, dangerous products and delivery driver’s accidents may also occur. For example, the famous comedian Tracy Morgan was involved in a serious bus accident with a Walmart delivery truck. This resulted in a rare settlement from Walmart that equated to almost $100 million.

Proving Your Big Box Liability Case

Premises liability claims can be complex, and the law is often confusing. If you are in a situation where you suffered an injury while shopping at a big box store, the best thing you can do is hire a personal injury attorney. They can review the facts of your case and help to ensure you recover the damages you deserve for the injuries you suffered. It is not a good idea to try and handle the lawsuit process on your own.

To learn more about premises liability cases at big box stores, contact the personal injury attorneys at Fetterman & Associations, PA by calling 561-449-2372. You can have your case evaluated at no charge to see if you should pursue a lawsuit.

Understanding the 5 Common Injuries in Car Accidents

There are some type of injuries that occur in a car accident that requires emergency medical attention. This is true for injuries to the spinal cord, limbs or head, which often require surgical procedures or a team of doctors and extended hospitalization.

Common-Injuries-in-Car-Accidents

When this type of injury occurs, you should not put off getting to the doctor. Even if the symptoms aren’t severe right away, they may get worse as time passes. Once you have been treated, it is also a good idea to contact a personal injury attorney in Florida if the accident and subsequent injuries occurred because of someone else’s negligent or wrongful action.

The five most common car-related accidents are listed here.

Neck Injuries

The most common type of neck injury that occurs in a car accident is whiplash. This occurs when a collision results in the head jerking suddenly to the side or forward. This puts a significant amount of pressure on the ligaments in the neck, which can cause sprains or strains. In many cases, whiplash injuries will resolve on their own as time passes.

However, more serious neck injuries may occur during car accidents, such as disc herniation. If this happens, the victim many require extensive bouts of physical therapy or surgery.

Knee and Leg Injuries

If you are like most people, when you think of injuries in a car accident, you may only think about the upper body. However, serious accidents often cause leg and knee injuries, as well. This is usually because the car is smashed and the passenger or driver suffers bruises, cuts or broken bones. The knees are particularly prone to dislocation and tearing, but injuries to the toes and ankles may also occur.

Broken Bones

If you break a bone, emergency care is necessary. Some broken bones can be repaired with casts; however, others are going to require surgery and time spent in the hospital. This is typically determined by the bones that are broken, as well as how many pieces the bones have broken into.

Back Injuries

Injuries to your spine and back can be extremely delicate. While smaller injuries such as disc dislocations and strains may only require supportive care, if blunt force is a factor, then it may lead to the loss of mobility and chronic pain.

Concussions and Other Head Injuries

A concussion occurs if your brain is shaken severely inside your skull. This often occurs if you hit your head on something solid, such as the steering wheel or a window during a collision. However, this injury can also occur without your head coming in contact with a surface. If the collision is more severe, then you may also suffer a traumatic brain injury that requires surgery and other extensive treatments.

If you have been involved in a car accident and suffered one of the injuries here due to the fault of another person, then hiring a Florida car accident lawyer is a smart move. The attorneys at Fetterman & Associates can be reached by calling 561-666-9850

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