Personal Injury And General FAQs

What is premises liability?

Premises liability is an area of law that deals with injuries that occur on the property of another person or business. In most jurisdictions, there must be an illustration of negligence in order to prove that the property owner is responsible for the injury in question, and that the injury was not the fault of the injured person. While this makes an important distinction, it also reinforces the fact that property owners must properly maintain their buildings and land.

If you have more questions concerning this type of negligence, the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP are here to help. Contact us today by calling 800-675-4128.

Who is allowed to file a wrongful death suit?

Wrongful death is a horrifying prospect for anyone. When a family member passes away because of the negligence of another party, the emotional damages can run deep. However, friends may also feel connected enough to the deceased to offer their assistance in pressing legal charges. Although it changes from state to state, Florida law has a specific code regarding this problem known as the Florida Wrongful Death Act. As a result, family members and legally denoted personal representatives are allowed to file these suits.

Contact the Fort Lauderdale personal injury attorneys of Salpeter Gitkin LLP at 800-675-4128 if you have more questions concerning this issue.

What qualifies as medical malpractice?

Medical malpractice occurs when a physician fails to follow the established standards of the profession, makes a diagnosing or performance-based mistake, and, regardless of intentions, causes a patient undue suffering. Under this umbrella of professional negligence, cases may involve any number of related injuries or instances of negligence, which range from birth injuries to nursing home abuse.

For more information on this type of malpractice, contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP by calling 800-675-4128 today.

What if I contributed to my accident?

Consider the following scenario: An accident at night occurs in part because a driver fails to check their blind spot, but also because the driver getting hit forgot to turn their headlights on. In many traffic accidents, there may be someone to blame, but the other party involved certainly is at fault to some degree. In these cases, the state of Florida uses a system known as comparative negligence. During legal procedures, those involved in an incident are measured for blame by percent, and may be rewarded injury payments gauged by how much they contributed to the overall damages.

To learn more about this system, contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 today.

Can I change attorneys during a case?

Considering how important your claim is to you, it should not be something that is jeopardized by formalities and legal complications. If a law firm is not treating you with respect and handling your case with determination, you may be compromising the success of your claim. In the majority of cases, there are few problems in changing representation.

If you are currently in a case and finding your advocacy poorly run or unprofessional, contact the Fort Lauderdale personal injury attorneys at Salpeter Gitkin LLP by calling 800-675-4128 to discuss how addressing your claim with a caring, responsible litigator could help you.

What is a deposition?

A deposition is an important part of the legal process. Depositions are used to officially record information that pertains to a case, including things like your job history, your financial status, your personal record, and the details of the incident. These meetings can require those filing an injury suit to detail the accident and what occurred before and after the accident. Some of the deposition may be used to ask questions that judge your credibility.

To learn more about depositions and how an advocate can better prepare you for the legal process, contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP by calling 800-675-4128 today.

How much money can I get for my case?

In short, it is impossible to answer this question without more information. Oftentimes, the amount of compensation you stand to win in a lawsuit depends on the type of accident you were in, the extent of your injuries, the amount of medical care and assistance you required, and the specific actions of the person or entity that caused your accident. Our attorneys are ready to talk to you about the specific details of your case and help you determine what you might stand to gain from a legal action.

Learn more today by contacting the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 for a free consultation.

What is workers' compensation?

Workers' compensation is a specific type of insurance coverage that many employers have (or are required to have, depending on state laws). When an employee is injured on the job, rather than suing his or her employer for compensation, he or she will, instead, file a workers' compensation claim for benefits to help him or her recover from the work-related injury. Not only does this type of compensation help employees recover from on-the-job injuries, but in most cases, it makes it so that the employee cannot file a personal injury claim against his or her employer for compensation.

Call the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 to learn more about how workers' compensation benefits can help you recover from an at-work accident.

Can I be taxed for settlement money?

As long as the money is considered compensatory and not income, the IRS will rarely attempt to tax these funds. Considering that most settlement amounts are meant to pay for medical or repair bills or compensate for emotional or psychological damages, it is unusual that they will be taxed. However, there are certain situations and exceptions to this very general rule.

To learn more about the taxability of settlement money, a knowledgeable attorney can help. Contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP by calling 800-675-4128 for more information today.

Can a case be opened again following settlement?

For the vast majority of cases, settlement is the final word. This is why a person should closely consult with their legal advisor if they have been offered a settlement amount, as the case will close permanently if it is accepted. Before agreeing to a particular number, both the victim and his or her attorney need to agree to the terms offered by the other party to make sure all of the various accident costs are accounted for, keeping in mind that some injuries may not be immediately apparent.

For reliable help and advice, contact the Fort Lauderdale personal injury attorneys of Salpeter Gitkin LLP today at 800-675-4128.

How do I know if negligence occurred?

Under the law, negligence is largely dependent upon the circumstances of a certain situation. What is negligent in one instance may not be negligent in another. However, generally speaking, negligence can be said to be the lack of care regarding another's well-being when it is reasonable to provide this care. This can occur in several different ways, including driving while intoxicated, failing to repair faulty porches or stairs and instances of medical malpractice.

Due to the complicated legal definitions of negligence in different circumstances, it would be advisable to contact the Fort Lauderdale personal injury attorneys of Salpeter Gitkin LLP by calling 800-675-4128 for specific advice concerning your negligence claim.

When do I really need a lawyer?

Considering that attorneys can assist you throughout the process of your claim, including helping gather proof of negligence and working through your paperwork, it is advisable to seek out legal help as early as possible. Personal injury law can prove confusing for most people, as they do not encounter such detailed legal proceedings in their everyday life. Legal advice should be sought as soon as possible following an accident.

For more on how a lawyer can help you, contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 today.

What is the statute of limitations for my claim?

The statute of limitations establishes a fixed window of time in which a civil lawsuit may be filed in response to a particular accident or incident. It is based on the premise that if a person feels truly aggrieved that he or she will act sooner rather than later, and that the further removed in time from the harmful event an allegation is made, the less reliable one's memories and testimony will be. Each state handles statutes of limitation differently.

The following are some of those found in Florida:

Injury to a person — four years
Injury to personal property — four years
Medical malpractice — two to four years
Defective product — two years

Do not delay and potentially sacrifice your access to the civil justice system. Contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 today.

Will my case go to trial?

The thought of having to appear in court to testify in front of a judge and jury can be a source of tremendous anxiety, and in some cases, it might even dissuade an individual from pursuing a civil action. While that sort of high drama is featured prominently in television and film, it is far from the norm. Many cases are settled out of court in pretrial negotiations or resolved through arbitration and comparatively few are presented before a sitting jury. If your case does go to trial and you are called to testify, your attorney will help you to prepare and explain what you can expect, doing everything possible to put you at ease.

While the thought of a trial may be intimidating, it pales in comparison to grappling with the financial struggles that a serious accident can bring if you do not receive adequate monetary compensation. Contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128 today for more information.

What might I gain from filing a lawsuit?

There are numerous advantages to filing a civil lawsuit, and becoming familiar with these can help you to make a more informed decision about how you will handle the aftermath of an accident caused by another person or company's negligence. Perhaps the most significant benefit of filing a lawsuit is that it will create a formal legal record of your grievance and will effectively notify the public about your ordeal. For those seeking justice, this is tremendously appealing. But the practical demands of an accident also must be considered. A successful lawsuit might gain you financial compensation for medical bills, vehicle repairs, lost wages, pain and suffering and other considerations as appropriate.

To learn more about how a civil lawsuit may help you in your current situation, contact the Fort Lauderdale personal injury lawyers of Salpeter Gitkin LLP at 800-675-4128.

How long will I have to wait until my case is resolved?

There are many different issues that bear on the duration of a lawsuit. The specific details of the case, the number of other cases on a jurisdiction's docket and the level of opposition brought against your claim are some of the things that might influence the speed with which your case can be resolved. In some instances, a settlement may be reached in a matter of days or weeks, and in other cases litigation may drag on for years. Any promises about the timeline of a case should be treated with suspicion. Your legal representative should be forthright with you about this and must attempt to vigorously push for your best interests, whether that is through a swift settlement or a delayed jury award.

A Fort Lauderdale personal injury lawyer of Salpeter Gitkin LLP can better help you to appreciate the complexity of your case upon discussing it with you directly. Contact us at 800-675-4128.

Do I really need to file a lawsuit, or can I just file an insurance claim?

Drivers dutifully pay their car insurance premiums because they are required to do so by law and because they have an expectation that they will be protected and compensated in the event of an accident. Unfortunately, that belief is sometimes betrayed by an insurance company's efforts to maximize profits and a misunderstanding of insurance terminology. In the aftermath of many car accidents, it may be in your best interest to pursue financial compensation through a civil lawsuit as the returns have the potential to be greater and tailored more specifically to your needs.

If you have been hurt in a car accident, we can help you throughout the legal process. Contact the Fort Lauderdale car accident lawyers of Salpeter Gitkin LLP at 800-675-4128.

How do you charge?

We normally require a retainer and charge an hourly rate, depending upon which individual is working on a file. In certain cases, we consider creative structures, such as flat fees or contingency fees, to account for nuances of a specific case.

Do you try cases?

Yes. Our attorneys are ready, willing and able to try cases.