What are damages?

Personal Injury Lawyer

Damages are the amount of money owed to a harmed party in a civil suit. A person may become legally liable for damages due to a breach of duty or a violation of a right. There are two main types of damages.

A personal injury lawyer such as Daniel E. Stuart at Daniel E. Stuart P.A. can help you understand more details regarding damages and how they relate to negligence law. 

Compensatory Damages

Compensatory damages are intended to compensate the injured party. The goal of compensatory damages is to put injured parties in the same position they were in before the injury occurred. Compensatory damages include items such as lost wages, medical expenses and pain and suffering. To receive compensatory damages, the injured party must prove that the at-fault party breached a duty or violated a right, resulting in harm to the injured party.

For example, if a driver negligently injures a person due to their failure to maintain safe driving practices, that driver may be obligated to pay compensatory damages to the injured party. This category also includes damages paid due to breaches of contract, unsafe products, slip and fall accidents and other situations where the at-fault party was either negligent or breached a duty owed to the other party.

Punitive Damages

Punitive damages are intended to punish the person who caused an injury. Punitive damages are not directly related to the amount of harm caused to the injured party, but may sometimes be calculated based on the amount of compensatory damages awarded. Punitive damages exist to discourage behaviors. For example, a company that manufactured a defective product, knew the product was defective and failed to warn consumers, could be assessed punitive damages on top of compensatory damages as a punishment for that lack of action.

How Damages Are Calculated

Compensatory damages are awarded based on the proven loss, harm or injury suffered by the plaintiff. Some compensatory damages are straightforward. Medical bills, for example, are generally paid out based on the amount charged by the medical provider, though in some cases the at-fault party or their insurance company may negotiate a lower rate. Other damages, such as pain and suffering, may be based on a formula, such as double the amount of medical expenses. These damages are often negotiated between the parties. Punitive damages are determined by the court, though they are often based on specific guidelines and the laws of the state. 

Bankruptcy and Discharging of Damages

If you are in the middle of a business lawsuit while going through bankruptcy or paying damages as a result of a personal injury lawsuit, there are specific times and ways when those judgments can be discharged. It is crucial to consult a legal professional to determine what your options are when thinking about discharging your debts and judgments.

Why Teens Can Benefit From Therapy

If you’re an adult now, then you probably remember what your teens were like, and maybe there were a few ways that you had struggled and wished you had gotten support for. Teenage years tend to be difficult as that person grows from a child into an adult. Teen stress is common, and therapy can help reduce symptoms associated with anxiety, depression, PTSD, trauma, addiction, and more. 

From school issues to mood swings, all teens have problems. Sometimes, this distress can get to a point where seeking professional help is impactful. Therapy doesn’t have to be something you only look into when huge life events happen, it can lessen stress just by having someone to talk to about your thoughts and feelings. 

Our friends at The Lotus Wellness Center have provided some reasons that teenagers may need counseling below.

Depression

Disorders related to mood can begin during the pre-teen and teenage years. If untreated, mental health conditions can last and worsen into adulthood. If your teen appears agitated, withdrawn, or sad, you may want to consider finding a counselor.

Anxiety

It’s normal for teens to be stressed, but some may experience panic attacks and excessive worry. Anxiety disorders can interrupt many aspects of a teen’s life, such as grades and friendships. If you notice your teen is constantly worrying that bad things will occur and has difficulty talking in front of a class, therapy can help him or her learn to manage these moments.  

Low Self-Esteem

Most teens are going to reach a period where their self-esteem isn’t as confident as it used to be. However, some will go through more severe self-esteem problems. If these kinds of feelings go unaddressed, it can lead to poor grades, substance abuse, and relationship challenges in adulthood. 

Is It Worth Hiring a Car Accident Lawyer?

Is It Worth Hiring a Car Accident Lawyer?

Suppose you or a loved one have been in a car accident caused by the negligence of another and sustained injuries. In that case, you might be wondering if you should hire a car accident lawyer to represent you. When an injured party thinks clearly about this, they will realize there is a lot at stake. It is never wise to undertake complex legal matters on your own. The short answer is YES. Read on to find out why.

Serious injuries require skilled legal representation, and seemingly minor injuries can turn into long-term chronic injuries.

In an automobile accident, your body is exposed to violent forces and trauma, which can cause serious injuries. Unfortunately, in the hours and days after a car accident, it may not be immediately apparent just how serious your injuries really are. In addition, it can take months or even years of treatment and rehabilitation to know if you will heal completely from the injuries sustained in the car accident.

Insurance company interests are directly at odds with injured parties.

Billion-dollar insurance companies are not there to advocate for fair and just compensation for your injuries. It’s just the opposite. Insurance companies have a team of attorneys and claims adjusters who focus on minimizing your injuries and paying out as little as possible to settle your claim. Attempting to negotiate with an insurance company on your own is highly unwise. Deep knowledge of personal injury law is needed to file a claim and negotiate a just settlement successfully. Insurance companies with a team of adjusters and lawyers know that they have the upper hand when dealing with self-represented individuals. This can lead to your claim being denied or a very low settlement offer from the insurance company.

Hiring a car accident lawyer helps level the playing field and often results in far better outcomes.

Car accident lawyers are on your side. They will obtain copies of the police report, investigate the accident, advocate on your behalf, and position your case for the best possible outcome. Your car accident lawyer has access to a team of experts, including accident investigators and accident reconstruction experts if needed. Additionally, your lawyer has deep knowledge of personal injury law and will negotiate with the insurance companies from a position of strength, having the ability to file a lawsuit on your behalf if a just and proper settlement cannot be reached with the insurance company. A study by the Insurance Research Institute shows that the average person who has legal representation receives a settlement 3.5 times larger than those without legal representation.

Car accident lawyers often work on a contingency fee arrangement, so you have no financial risk.
Most car accident lawyers work on a contingency fee basis, which means a pre-agreed percentage of any recovery compensates them. Since it costs you nothing up front and your case’s outcome is likely to be far more successful with a skilled car accident lawyer handling your case, having an experienced car accident lawyer on your side is certainly a wise choice.

Finding a Personal Injury Lawyer Right For You

Finding a Personal Injury Lawyer Right For You

When we go out into a public space, it is important to remember that we all owe each other a duty of care. Whether it is to drive carefully on the road, not push someone on an escalator, or to keep our place of business tidy to avoid someone slipping and falling. Negligence can occur, however, and a person may choose not to upkeep their property or they may be in such a rush that they push someone out of their way a little too forcefully. If you have found yourself on the unfortunate end of a personal injury accident, you should not wait any longer to file a personal injury claim. 

What is the difference between a personal injury claim and filing criminal charges? 

When you have been the victim of a personal injury claim, you will likely be interested in pursuing civil charges. This means that instead of hoping the person who caused you to become injured goes to jail, you are hoping instead for financial compensation. This is usually because you have suffered damages after a personal injury accident. This could be from the inability to go back to work, the medical bills that are getting larger, or the repairs you need to make to your property because of the accident. 

Why work with a lawyer? 

When you are hoping to work with a lawyer from a law firm, like a practice such as Brown Kiely, LLP, you should look for a lawyer who will be assertive, who will do the research to gather evidence for your case, and who will know when it is the right time to take a settlement offer or go to court. It can be difficult to know when you are getting a settlement offer that is too low. Often, these offers are a lump sum and look like a great deal of money. However, they often will not be enough to pay what you need for medical bills, physical therapy, and more. Working with a lawyer is also a good idea because they will understand the state laws. Personal injury claims will be different depending on the state you are in and they will know the process, the right paperwork, and statute of limitation laws. 

Look For a Law Firm You Can Trust

If you need legal help with your personal injury claim, find a law firm you can count on today.

Understanding Wrongful Death

Personal Injury Lawyer

A wrongful death is when someone dies because of another person’s negligence and actions. Wrongful death can come out of an assortment of scenarios, including car accidents, murder, medical malpractice, boating accidents, property liability and, in special cases, workplace accidents. If a loved one has died at the hands of another due to an accident, you may be able to sue for a wrongful death. Here’s a quick guide to wrongful death claims to see if it is the right choice for your family.

The Prosecution

The remaining family may file a lawsuit against the party believed to be responsible for the death of their loved one. Those suing could be any family member, close or distant, with connections to the deceased. Spouses and partners also have the right to sue on the behalf of their lost companion, and parents may sue if they lost their baby. Anyone else may sue who has been financially hit by the death of the individual.

The Defendant

Individuals may not always be responsible for the death of a loved one. While drunk driving accidents and medical malpractice lawsuits are brought against the single person who was negligent, other cases can involve corporations and manufacturers. If a manufacturer sold a faulty part that caused the death, they can be sued. Even those who sold alcohol to a driver who causes a fatal crash can be held liable for the part they played. The suing party must look carefully at everyone involved to see who they should hold accountable.

The Case

The prosecution’s job is to prove that the person they are suing was actually negligent in the accident that caused the death. It is not the defendant’s responsibility to prove they are innocent, but rather the prosecution’s job to prove they are guilty. To do this, the prosecution must make the case that the defending party violated general rules of safety via negligence that put the deceased’s life at risk.

The Lawyer

It is incredibly hard to file a wrongful death lawsuit without the help of a lawyer. Wrongful death lawsuits invoke numerous laws and require a lot of proof in order to succeed. You may need a lawyer’s assistance gathering evidence and making your case, especially if the lawsuit goes to court. Reach out to a personal injury lawyer lawyer from Johnston | Martineau PLLP if you think you may be able to sue for wrongful death. They can provide a route toward compensation in your claim.

Filing a Claim After a Truck Accident

When you are leaving the scene of a truck accident and you were a victim in this accident, you may be wondering what the next steps are. Your adrenaline is likely starting to wear off, you may notice your injuries more, and you may be wondering if you have a legitimate claim for insurance. Usually, when a truck and a car get into an accident, the car is going to get more severely damaged than the truck. The same is true for the driver of the car. If you are wondering what next steps to take after leaving the accident scene, read on.

Speaking With Insurance

One of the first things you should do after you have been involved in any kind of vehicle accident is call your insurance. In many cases, if you do not call to report the accident to your insurance, your insurance may choose not to give you coverage. Remember, while it is important to give your insurance company the necessary information about an accident, you do not want to go overboard with the details, even if you believe you were not responsible. You can share information like: 

• Who the other driver is
• Where the accident occurred
• What time it occurred
• If anybody else was involved in the accident

If the truck driver’s insurance company calls you to see how you are doing, this is not a call you want to stay on. Politely tell them that you are getting medical help for your injuries and that you would prefer any further contact with them to go through your lawyer. At this point, if you have not already, it is in your favor to find a lawyer, like a truck accident lawyer from a law firm like The Law Firm of Frederick J. Brynn, P.C. Your attorney will be happy to speak with the insurance on your behalf and make sure not to divulge too much information to them. 

How do I know I need a lawyer? 

When you are in an accident as serious as a truck accident, there is always the possibility of leaving a great deal of money on the table if you do not have the right legal representation. While it may seem like the truck driver is clearly the one at fault, an insurance company will do whatever they can to pay out as little as possible. If you would like more information on filing a personal injury claim after a truck accident, speak with a local attorney now. 

COVID-19 Lawsuit Against Publix Allowed to Go Forward

COVID-19 Lawsuit Against Publix Allowed to Go Forward

On February 5, 2021, a Miami-Dade Circuit Court denied Publix’s motion to dismiss a wrongful death lawsuit filed by the family of a deli worker who died of COVID-19.  The deli worker, Gerardo Gutierrez, had been exposed to the virus over two days in March of 2020 while working next to an employee who was displaying symptoms.  According to the lawsuit, the Miami Beach Publix had prohibited Gutierrez and other employees from wearing masks.  The lawsuit alleges that store managers were concerned that masks would “scare” customers.

Typically, under Florida law, when an employee is injured or killed while working, the employee or the employee’s heirs can only receive workers’ compensation benefits and cannot file a lawsuit.  Workers’ compensation benefits include lost wages, medical expenses, and a limited lump sum death benefit.  Because personal injury and wrongful death lawsuits can include compensation for physical and mental pain and suffering, these lawsuits can provide for significantly larger financial awards than workers compensation claims.  There is an exception in Florida’s workers’ compensation law that allows workers to file personal injury or wrongful death lawsuits in cases where the employer intentionally injures an employee or acts in a manner that is certain to cause injury.

In seeking to have the lawsuit filed by Mr. Gutierrez’s estate dismissed, Publix argued that the lawsuit involved only allegations of ordinary negligence and that Publix should only be required to pay the workers’ compensation death benefit.  Attorneys for Mr. Guttierrez’s estate argued that Publix misled employees to believe that they were safe without masks when Publix knew or should have known that the mask ban would increase employees’ risk of contracting COVID-19.

The lawsuit alleged that Mr. Gutierrez worked beside a female employee who had COVID-19 on March 27 and March 28.  Mr. Guitierrez was hospitalized on April 10 and died on April 28.  The United States Centers for Disease Control and Prevention didn’t recommend mask wearing for the public until April 3.

The court’s decision only means that the lawsuit can proceed to the initial stages.  Publix will have another opportunity to ask the court to rule in its favor after depositions are taken. It is noteworthy that not one single Florida court has ever found the intentional act exclusion to the workers’ compensation law to be applicable and allowed an injured employee’s lawsuit against an employer to result in a final judgment in favor of the employee. Contact Tuttle Larsen, P.A., we are aggressive, experienced advocates who will not hesitate to go all out to protect you.