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FAQs

How is a decision made whether we should accept a settlement offer or go to trial?

In order to determine if we will want to settle your case or go to trial, it is critical that your case is thoroughly prepared from the very beginning. By doing this and our homework, the Law Offices of David Benenfeld knows what your case is worth and knows what a fair settlement offer is. While most personal injury cases in Florida and throughout this nation are settled outside of court, it doesn’t mean yours will be. If the other… Read More

Can I still make a financial recovery after a motorcycle accident that caused a mild brain injury, even if I wasn’t wearing a helmet?

If someone else caused the accident, then you can sue for your injuries. Whether you were on a Harley, Honda, cruiser, sports bike, or scooter, motorcycle operators in Florida don’t have to wear helmets — that is if you are over 21 years of age and carry $10,000 in medical benefits insurance. Although you don’t have to wear a motorcycle helmet, not wearing one could hurt the amount of money you are able to collect — especially if your injuries… Read More

Do I need a police report prior to contacting a personal injury lawyer?

No. There is no need to wait to for a police report before making contact with me or any personal injury lawyer. Attorneys can request a copy of your police report; however, it is important that you do make a police report following a crash in Florida. Police officers may have arrived on the scene of your car accident. If so, you probably do not need to file a written statement about the accident because a law enforcement officer most… Read More

What should I do after being in a car accident over the Labor Day weekend?

Whenever a car crash occurs, it can shake up everyone involved. In fact, nerves get rattled and adrenaline pumps throughout the body, which is why it can cause people involved in collisions to not even think straight. As a result, many people forget what to do following a traffic accident — especially one that occurs over a holiday weekend when people might be traveling away from home. Whether your Labor Day crash took place out of town or close by… Read More

The defense lawyer in my car crash case is asking for my complete medical records. Is it really that big of deal to agree to this?

Yes. The defense will do everything they can to limit their liability. This means that if you are currently complaining of a back pain after a crash and they find that you mentioned to your doctor that you were experiencing backaches several years ago, they will try and point the blame for your current injury on something that happened in the past. Nothing good can come out of the defense poking their nose into your medical records. It’s a fishing… Read More

Can I file a wrongful death claim for the loss of my husband, even if the other driver wasn’t arrested under a criminal charge?

If a driver’s recklessness and negligence claimed the life of your husband, you may be able to pursue a wrongful death claim. A driver doesn’t have to be arrested on a criminal charge for you to pursue a civil suit for wrongful death. The only thing that has to be proven is that the driver operated his or her car negligently. The driver could have been speeding, distracted, on the phone, texting, impaired, drowsy, or doing something behind the wheel… Read More

I’ve heard that most people settle their cases outside of court. If this is the case, why do I need to hire an attorney?

If you have been injured in a car accident, truck accident, pedestrian accident, motorcycle accident, or slip and fall accident, you may be tempted to settle your injury case on your own. After all, no one knows the details of the accident and your injury better than you. But before you proceed down this road on your own, it is important to understand why people hire personal injury lawyers. If you have a relatively small injury and minor damage to… Read More

I was hit when a car rear-ended my vehicle because my brakes suddenly slowed my car down for no reason. Can I sue the manufacturer even if there isn’t a recall out about this issue?

You might be able to depending on an investigation of your vehicle or if there is a known issue with your car. For example, Fiat Chrysler Automobiles is currently being investigated for a mysterious braking issue with its 2014 Jeep Grand Cherokees. There have been several consumers who have complained about their brakes slowing their vehicles down for no reason and almost causing them to be hit from behind or involved in crashes. The mysterious braking is probably due to… Read More

Is an injury I received from an electric l shock covered by workers’ comp?

Many people believe that those who endure an electric shock aren’t actually injured, but the reality is that some people do suffer serious injuries and even death as a result of an electrical shock accident in the workplace. In fact, the outcome of high-voltage electrical shocks could include burns, internal injuries, changes in vision, speech and hearing, and head and spinal injuries. While user error could be the reason why an electric shock occurred, there are other causes of electrical… Read More

Will the amount of money I receive from my workers’ comp claim be different depending on the type of burn I suffer?

Yes. Although any burn injury is serious and deserving of workers’ compensation benefits, some burns are more severe and warrant more compensation depending on the outcome. The severity level of a burn can determine the amount victims are compensated. For example, a victim with a fourth degree burn will likely get more money for his or her burn injury than a victim with a first degree burn. To help you understand the severity levels of burns, the definitions of first,… Read More

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