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FAQs

My son was injured while walking to school by a careless driver. I want to sue but don’t want to put him through the process of court. Does he have to go to court?

When the other side knows you have a lawyer on your side who isn’t afraid to take the case to court, they may present a more than fair offer. This is because the appearance of filing a lawsuit will scare the other side and show them you are serious about seeking justice and just compensation. Most cases are settled outside of the courtroom between lawyers and insurance companies. If you hire a personal injury lawyer who is skilled in negotiations,… Read More

How does the insurance adjuster decide what to offer me initially after a car accident?

Insurance adjusters are trained to settle cases for the insurance company for as little money as possible. This means that they will start assigning a value to your case from the very beginning when they ask questions to find out whether you are hurt or to learn more about your injury. If you are complaining of a back ache, bruises, and a headache but haven’t gone to the doctor, the insurance claims adjuster may attempt to settle your case quickly… Read More

Are slip and fall accidents in nursing homes different from slip and falls elsewhere?

Anytime an elderly person falls in a nursing home, it is concerning because there is more at stake for an older person. Seniors have weaker bones and have other frail conditions that can cause them to suffer worse injuries. In fact, some slip and fall accidents in nursing homes have led to the untimely death of residents. Any slip and fall accident that is the result of a dangerous premises is cause for concern. Slip and fall accidents that take… Read More

Who can I sue for the death of my daughter as a result of a defective product?

We are saddened to hear of your loss and want to provide you with the help you are looking for so that you can identify the correct party to bring your wrongful death case against. You should be compensated to the fullest for your financial loss as well as emotional losses that losing a child has caused you and the rest of your family. There may be many potential defendants that could be liable for the death of your daughter.… Read More

I suffered a scaphoid fracture in a cycling accident due to a driver who wasn’t paying attention. I know this type of injury isn’t life-threatening, but can I still bring a personal injury claim for my damages since I lost income as a result?

Yes. You can always file a personal injury lawsuit against a negligent driver for an injury that causes you to miss work and lose out on income. There is no injury too small when lost income is involved. This is because any injury you suffer that causes you the inability to perform your job tasks and collect a living is an injury you need to collect damages. Lost income is one the main reasons to bring a personal injury lawsuit.… Read More

My son died in a bicycle accident with a car, and the lawyers for the insurance company for the other side said we won’t get very much in damages because our son didn’t earn a living. Is this true?

When a family loses any member of the family due to someone else’s negligence, a family doesn’t just have a personal injury claim but a wrongful death claim. Wrongful death damages may be sought when there is a bike-car accident fatality caused by a reckless or careless driver — no matter the victim’s age. And parents of a minor children have a right to bring a wrongful death lawsuit against the negligent party. Although you might not be able to… Read More

I suffered a shoulder injury as a result of a slip and fall accident, which left me with permanent loss of range of motion. How much can I recover for permanent damage?

When any type of accident causes a victim to suffer permanent damage, the personal injury claim will be worth more money than a claim involving a minor injury. This is especially the case if your permanent shoulder injury and loss of range of motion causes you the inability to work. If you cannot perform your job functions, you will be unable to work and make a living. In addition to seeking compensation for lost income and future lost wages and… Read More

If I don’t accept the insurance company’s settlement offer after my slip and fall accident, will I be able to collect more by going to trial?

There is no guarantee that you will receive an award when presenting your case in front of a judge and jury. However, the Law Offices of David Benenfeld wouldn’t take your case unless we feel you have a valid slip and fall lawsuit that is worth pursuing for more than the insurance company’s settlement offer. The insurance company has a limit they are willing to spend on settling your case, and they are hoping they can settle it for as… Read More

My husband was in a coma for a long time and finally died of his injuries. Can I still file a wrongful death claim even though there has been a gap in time since the car crash?

The Law Offices of David Benenfeld is saddened to her of your loss and sends our deepest sympathies. Without discussing the particular lapse in time with you, it is a possibility that you would have a claim for your losses. There are many people who don’t file wrongful death cases right away due to the initial shock and grief they are experiencing that causes them to focus on their sadness. For this reason, as well as others, the law in… Read More

I keep hearing about understaffing at nursing homes and to be aware of this factor when deciding on a home for my elderly father. How will understaffing affect the care he gets?

When a nursing home doesn’t have enough staff to properly care for patients and properly attend to their needs, the nursing home is understaffed. Unfortunately, this is a huge issue in the nursing home industry. Sadly, many nursing home companies don’t hire enough employees because they prioritize money over patient care. When nursing homes are understaffed, the outcome isn’t just residents getting served dinner later than normal. It can be everything from missing medication to getting the wrong medications. Also,… Read More

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