Jury Verdict or Settlement – Which is Better for Your Case?

It’s Important to Know When to go to Trial and to Always Be Prepared

People have always enjoyed TV shows and movies about legal drama in the courtroom. LA Law, Boston Legal, Matlock, A Few Good Men, and Night Court, a comedy, are among dozens of examples.

To Kill a Mockingbird is considered by many to be the greatest novel ever written and was set mainly in a courtroom.

People love legal drama, as long as they aren’t directly involved.

Courtrooms are fascinating places where often serious, life-altering decisions are made by judges and juries. Attorneys who work inside courtrooms must understand the law and be highly skilled or they can hurt, not help their clients.

The truth is that most legal cases, both criminal and civil, never get to court. Cases are usually settled “out-of-court” and that often produces the best outcome for everyone.

Mediation is a great help in many cases. According to the website Florida Courts:

Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person (called a mediator). A mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute.  In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns.

When someone is involved in a serious personal injury case such as a car, truck, or motorcycle crash, it’s very important to have legal advice and services from an attorney who knows when to negotiate a settlement, when to utilize a mediator, and when to go to trial. Sometimes we encounter cases where a settlement is expected and suddenly we must prepare for trial. It’s important to be prepared.

The primary goal for every personal injury attorney is to put their client’s goals first, meaning compensation for injuries, damages, and pain & suffering. People can return to the life they had before their injuries when the have the resources to do so. Medical and rehabilitation costs have skyrocketed in recent years, and time away from work makes it even more difficult to get back to normal.

The Law Firm of Lazarus and Lazarus has been helping people in south Florida get the money they need to move on in their lives. We investigate and probe every detail of every case so we know what the best plan of actions is.

Questions? Of course! That’s why we answer the phone 7 days a week and you will speak directly with an attorney when you call us at 954-356-0006.

Florida Personal Injury Attorneys Lazarus and Lazarus

Florida Personal Injury Law Firm

You Don’t Have to be the President to be Impeached – Florida Personal Injury Attorneys Lazarus & Lazarus

Florida Personal Injury Law Firm

There is a lot of talk in the news about “impeachment” and yet many people don’t fully understand what the word means. In the case of an elected or other public official, impeach means to accuse them of official misconduct, but the word also means to challenge the credibility of a witness.

Our justice system operates with the basic principle that all participants must be truthful, and a person who provides testimony (a witness) is usually sworn in before speaking so they understand the importance of being completely honest. Any witness can be subjected to scrutiny, including their previous record to determine if their testimony is to be trusted. If an individual has a prior record of being untruthful, or has a criminal record, it’s possible a jury will be less likely to believe them.

Florida Statute 90.608 says, in part: Who may impeach. — Any party, including the party calling the witness, may attack the credibility of a witness by:
(1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.

Florida Personal Injury Law Firm
Lazarus and Lazarus (954) 356-0006

In personal injury cases witnesses are often called to give testimony, including expert witnesses who are frequently called upon to offer opinions on a particular subject where they are highly experienced and educated. It is important that all witnesses be looked at closely to make sure they are offering valid, accurate, and truthful evidence.

If you are involved in an accident and you plan to represent yourself, the story you tell may be scrutinized not only on its substantive content, but on your own record. The opposing side in your case may look to “impeach” you as a witness for any number of reasons, and this is one of many reasons it is prudent to seek professional legal help when you are injured. A qualified and experienced attorney can guide you through the entire process and make every ethical effort to make sure the truth is brought to light.

If you are involved in a traffic accident it is important to be truthful right from the start, but it is also important to not offer information that is not asked for or necessary. After contacting emergency authorities it is a good idea to call an attorney who specializes in accidents. We hope you will consider our firm, working to bring justice to victims in south Florida since 1992.

The Law Firm of Lazarus and Lazarus – (954) 356-0006

 

 

Children Injured in Accidents

Personal Injuries Involving Minors – Accident Attorneys in South Florida

Our children are valuable and precious, and despite all the care and attention we put into protecting them, they do get hurt sometimes. Understanding the injuries they suffer and the time and expense it takes to heal is necessary for children to recover physically, mentally, and emotionally.

The leading causes of injuries to children include burns, falls, poisonings, and accidents on bicycles. For infants, drownings and suffocation are leading causes for accidental death, and for children 5 to 18 it is motor vehicle accidents. Every hour in this country almost 150 children visit emergency rooms due to accidents on the road. The good news is that nationally the number of serious injuries and deaths to children have decreased due to better safety systems in cars like airbags and other restraint devices.

Personal Injury Attorney for ChildrenBicycle and pedestrian injuries remain high, however, often with drivers hitting people because they are distracted behind the wheel. Please urge kids to be very careful and ride on bike paths rather than in the street. Wearing helmets, other protective garments, and bright reflective clothing can help. Stress to children that they should never assume the driver of a car or truck will see them because they often won’t.

Often after a serious injury the recovery period is very long, and sometimes there is permanent damage. When this is the case it is critical to fight for expenses that may very well be lifelong in nature. Settling a case for less than what will be needed for necessary expenses in the future can result in a very disappointing outcome.

It’s important to understand that a minor child cannot file a personal injury claim on their own, it must be done by a parent or guardian and Florida Statute 744.387 is the pertinent section. Sometimes there may be issues regarding parents who are divorced and who will be the one to look after the minor’s best interests. It is prudent to work with a personal injury attorney who is experienced advising parents about injuries to minors in order to fight for the best long-term results possible.

The Law Firm of Lazarus and Lazarus has worked for families with children for 27 years, helping injured kids recover and move on. We are concerned not only for the immediate needs of injured victims, but we work hard to make sure people are taken care of over as many years as it takes. Call us at (954) 356-0006 for a complimentary and confidential consultation.

 

 

South Florida Personal Injury Law

Florida Personal Injury Cases: Myths vs. Facts

Personal Injury Law is an area people hope to never have a need to know about, but it’s good to know just a little now so if you ever do need to connect with an attorney you will have a basic understanding of what to do.

Many people have misconceptions about personal injury attorneys and we would like to address that first. When people are injured because of the carelessness, negligence, or malpractice of someone else, we commit to defend their rights under the law. People in this country have a right to pursue compensation for their injuries and suffering, and we commit to help them do that very professionally, according to the laws and rules, and we do it diligently. We rarely charge any fees up front and we are committed to getting you the best possible settlement or if necessary going to a full trial to get what you deserve. We give our clients personal service and if we ever work together you will find that we truly care about our clients and their cases.

Now, some of the myths that are out there, followed by the facts:

  1. Myth: If you have insurance, you don’t need an attorney. Fact: Insurance companies are very large corporations that promise to deliver profits to their investors, and they love to collect your premium payments every month. But when you file a claim they are not so anxious to pay up, at least not as much as the case calls for. A qualified personal injury attorney will work to get you the maximum amount possible.
  2. Myth: You can’t file a claim for a minor injury. Fact: Yes you can. There are really no minor injuries, and often what is considered minor turns out later to be something very serious. People are sometimes injured in an accident, and the next day they feel fine. Later, they feel a “pinched nerve” in their neck and they discover there is nerve or cervical spine damage. Always seek the advice of an experienced attorney and see a specialist physician before agreeing to sign away your rights.
  3. Myth: Personal injury cases take forever to settle. Fact: Many cases settle very quickly. We will never promise a fast settlement, but we will promise to resolve your case to your satisfaction as quickly as possible.
  4. Myth: You can always file a case later if you don’t do it now. Fact: Florida law has limitations on how long you can wait to file a case. It is always best to speak with an attorney as soon as possible because time is actually critical for many reasons when there is an accident and injury involved. The case may require evidence, which deteriorates quickly, and you may need testimony from witnesses, and memories also deteriorate quickly.

    South Florida Personal Injury Attorney

    A phone call to the Law Office of Lazarus and Lazarus is free, and so is a confidential consultation. When you call you will speak directly with Mr. Gary Lazarus and he will listen to your complete story before advising you what the best course of action is for your situation. Our firm has earned a reputation for being compassionate, yet tenacious about getting justice for our clients. Call (954) 356-0006 – we’re here to help.

Gary Lazarus Personal Injury Attorney

Timeline for a Personal Injury Case in South Florida – Fort Lauderdale Injury Attorneys

People are injured all over south Florida every day, and the causes range from automobile, truck, and motorcycle accidents to workplace accidents to medical malpractice. It’s traumatic physically and emotionally to be harmed in any way but when it is due to the carelessness or negligence of someone else, the law provides a way to seek compensation for damages.

Laws can be difficult to understand and navigating the court system may seem like walking through a maze, but it can be done and most of the time, justice prevails.

Personal Injury Case Time FrameWhat is Time Frame for a Typical Personal Injury Case?

First of all, there is no such thing as a typical personal injury case. Since 1992 we have helped victims of every conceivable injury, and none have been typical. Even after all our cases, we understand we must be prepared for something completely unique every day. This is why we are constantly studying the latest court cases and rulings.

Because there are so many different types of injuries and because their causes and circumstances vary, it is difficult to estimate the time it may take to settle. Insurance companies are often involved in mediation and litigation, and we certainly have learned that many companies are not very agreeable when it comes to seeing the reasonable side of our client’s case. This is when we have to be strong and fight for what is right.

An insurance company may try to rush a victim into accepting a quick offer that is not enough to cover a victim’s injuries as well as possible future expenses. There are cases where relevant evidence needs to be collected or witnesses need to be located and that may delay the expeditious conclusion to a case.

We do make this promise to each and every client: We will work tirelessly to get you the maximum compensation allowed by law for your injuries, pain, suffering, time lost from work, property damages, and emotional stress. We will never waste your time and we will always move as quickly as possible to resolve your case.

We also promise to tell you what to expect during the process and we never set unreasonable expectations.

The first step is to call us. We answer the phone every day, and you will speak directly with attorney Gary Lazarus. Our number is (954) 356-0006

 

Personal Injury Attorney

When Should Seniors Stop Driving? Broward County Accident Attorneys

Every young person looks forward to their first solo trip in an automobile! The feeling of freedom is overwhelming as you zoom down the highway with the windows down and your favorite song on the radio. You’re in control of the destination and the route, and it’s a day most people never forget.

When people begin to grow old, there often comes a time when it might be necessary to relinquish some freedom and leave the driving to someone else for safety’s sake. There may be no subject for a family to consider that is less stressful than asking a loved one to give up driving. A car means freedom and independence, and not having access to one means dependence on others, public transportation, or expensive trips in taxis and Ubers.

Broward County Accident AttorneyThe American Automobile Association (AAA) recently completed a study that found most elderly drivers never have a conversation with their doctor or their family about the possibility of giving up their driving. Most respondents said it is simply because they fear losing their independence.

According to an article in Consumer Reports magazine, “most people under 65 are unwilling to talk to their parents about when it’s time to stop driving; in fact, 40 percent said they’d rather discuss funeral arrangements with their parents.”

Florida Class E (non-commercial) driver licenses for citizens and immigrants are valid for eight years for individuals under 80 years and six years for individuals over 79. Drivers over 79 must pass a vision test to renew. Other than the vision test there is no other screening, so friends and family of elderly drivers must speak up if there is a reasonable suspicion that a person is unable to drive safely due to some physical or mental deficiency.

The National Highway Traffic Safety Administration has an excellent page on their website about how to sit down and have a talk about elderly driver issues and it’s better to have discussions now rather than later when a decision may have to be made or after an accident. Click here to visit the page.

Broward County Accident Attorneys

We have worked with the victims of serious car, truck, and motorcycle accidents over the past 26 years and some of them were the result of elderly drivers who were not capable to see or respond to other vehicles as well as they perhaps used to. These are preventable situations, and while we understand the serious implications of taking away an elderly individual’s ability to drive, we recommend that families at least examine the situation. Perhaps a family physician can help.

If you have questions about an accident you were involved in, please call us and we’ll do our best to help. We are available at 954-356-0006

The video below is not intended to shock anyone into an imprudent decision regarding an elderly driver, but it represents a real isolated incident involving a motorist who could have caused a very serious accident because of her confusion. 

 

The Trouble with Scooters – Fort Lauderdale Accident Attorneys

South Florida Scooter AccidentsOut there on the road drivers have to contend with other cars, motorcycles, trucks, and a variety of bicycles, mopeds, scooters, as well as pedestrians & pets. For this article on scooters we are not going to discuss the stand-up scooters that kids usually ride and move with foot power, but the larger scooters you see mixed in with traffic on the roads. (like the red one in the picture.) Mopeds have an engine size typically 50 cc or less and a top speed of about 28 mph, while the scooter’s engine size can range from 50 cc to 150 cc, achieving top speeds up to 60 mph.

Scooters are not as popular in the U.S. as they are in Europe and Asia, but in areas with beaches and large numbers of tourists (south Florida) they are very common. There are also a high number of scooters being rented, which means the people operating them are unfamiliar with the scooter, the roads, and there is a higher probability they have been out partying which means they may be under the influence of alcohol.

Florida law does not require insurance for mopeds and scooters, so even though they may seem small and not capable of a lot of damage, that is not true. Scooters often collide with groups of pedestrians and the injuries can be severe, even fatal. When a scooter is rented out, there is often no liability insurance and no head protection offered the rider or passenger. Who is responsible for damage, injuries, and deaths when a moped or scooter causes a serious accident? This can be a complicated question and the answer is not always easy.

It’s possible the driver of the scooter is totally responsible, but there may be some level of fault assigned the other parties to the accident. It’s possible the accident was caused by another driver or any number of circumstances. This is one of the reasons it’s wise to call an experienced accident attorney after an injury, so a thorough investigation can be initiated. In the end, the court may have to decide.

Fort Lauderdale Scooter Accident AttorneyFort Lauderdale Accident Attorneys

The attorneys at Lazarus Law Firm have helped hundreds of accident victims get the compensation they need to pay medical bills and other expenses while they recover. The process can be confusing which is why we are ready to speak with you when you call us a 954-356-0006 seven days a week. We’ll let you recover while we handle the hard work.

Note: The “other” types of scooters (in the picture to the right) are also very popular and also are very capable of being involved in serious accidents. Right now there is a new company – Bird Scooters – sweeping across the country renting electric scooters and they will likely be in south Florida soon. We’ll be writing about them in the near future.

Fort Lauderdale Personal Injury Attorney

I’m Going to File a Lawsuit! Florida Personal Injury Attorney

Some say we live in an overly litigious society. Personal Injury Case Review

How often have you been “wronged” by someone, and the first thing you think of is taking them to court? It’s a normal reaction because everything we see in the news is about cases where someone finds a fly in their soup and receives $50 billion dollars in a judgment. Those things really don’t happen.

The truth is that a conscientious, responsible attorney does everything to avoid going to court. It starts with case review.

The prudent course of action before starting any type of legal case is to get the facts. Who, what, when, where, and why? Accumulating this information can make the difference between a successful case and wasting time and money. Judges don’t appreciate having their time wasted, and most will not tolerate frivolous lawsuits.

On the other hand, you may have an excellent case, but how will you know?

The Law Firm of Lazarus and Lazarus has earned a sterling reputation for successfully representing victims in south Florida because we conduct a thorough case review prior to moving forward with any legal action. We are very meticulous about this because we want to make sure we are giving victims the straight story and not wasting their time.

Fort Lauderdale Personal Injury Attorney

Reaching out to us is easy! You can call us at 954-356-0006 or you may click here and fill out the form. We will be in touch with you fast, and we’ll listen carefully to your story. It’s far better to get the real story up front.

 

Stay Safe and Healthy, Live Longer!

 

We discussed the leading causes of death in an earlier blog post, and covered 5 of the top 10. This time we’re covering 6 through 10 and we’llstay safe and healthy talk a bit more about how to stay safe and healthy!

6 – Alzheimer’s Disease

Dementia is an overall term for diseases and conditions characterized by a decline in cognitive function that affects a person’s ability to perform everyday activities. Alzheimer’s is vascular-related and is just one type of dementia. Dementia is caused by damage to nerve cells in the brain. As a result of the damage, neurons can no longer function normally and may die. This, in turn, can lead to changes in memory, behavior, and the ability to think clearly.

Avoidance may not be possible at this point, but healthy lifestyle choices may delay Alzheimer’s: no smoking, healthy foods, and stay mentally alert. The Alzheimer’s Foundation website has a lot of helpful information.

Read more “Stay Safe and Healthy, Live Longer!”

Florida Personal Injury Attorney

Let’s not “Visit” the Emergency Room

The dictionary defines the word “visit” as “an act of going or coming to see a person or place socially, as a tourist, or for some other purpose.” Most visits are pleasant experiences, right?

The U.S. Center for Disease Control, which works to keep us healthy also keeps track of injury statistics. They call going to the emergency room a “visit” but there’s not too much pleasant about being treated at the emergency room. Those are visits we can live without.

Florida Personal Injury AttorneySome of the types of injuries and statistics for emergency room visits are surprising, but understanding them might help us and our loved ones avoid visits to the ER. Sometimes injuries are our own fault and sometimes they are due to someone else’s – that’s when a personal injury attorney can help.

Let’s look at some numbers:

Nationwide, in 2011 there were 136.3 million ER visits. 40.2 million were related to injuries. The rate of people visiting the ER was 44 per 100 people, so if you’re an average person, you had slightly less than a 50% chance of going to the ER.

In Florida, the reasons for going to the ER are interesting.

The number one cause for going to the ER – non-fatal injury – is listed as “fall.” Now, a large number of these incidents are in the upper-age segment of the population for obvious reasons, but it is also number one for ages 10-14, probably skateboard and bicycle mishaps.

The number two reason for going to the ER in Florida across all age groups is “struck by.” Struck by? What is struck by? Some research shows that people are struck by many things including Struck By: car, truck, bus, train, boat, golf cart, golf club, forklift, crane, mobile platform, bicycle, tire, flying piece of X, garage door, door opening, rock, another person, mail carrier, farm equipment, falling objects, motorcycle, stock items, batted ball, lawn mower, scaffolding, pressurized hose, hammer head, etc…..

So, it’s probably a good idea to avoid everything on that list. You’d have to stay home under the bed.

Number three is motor vehicle accidents, which we write about often. Wear your seat belts, slow down, don’t text and drive, and never, ever drive if you have been drinking.

Number four is interesting but not surprising in Florida: over-exertion. The heat and humidity can wear you down and wear you out fast if you’re working or exercising above your tolerance. Always see a physician before starting a work-out regimen and stay hydrated. Take regular breaks of you’re working outside in the heat and when you feel that something hurts, stop.

Many visits to the ER can be prevented by exercising good judgement, but sometimes you can’t prevent an injury because they are often caused by someone else’s negligence. Some of the more common injuries resulting from negligence are falls due to unsafe conditions, being struck by unsecured objects, defective products, and assaults by other persons.

If you slip due to a puddle on the floor and you are injured, this is not necessarily a clear-cut “slip and fall” injury. There are legal issues such as duty of care, premises liability, security precautions, and a host of other circumstances to consider in any injury situation.

The Law Firm of Lazarus and Lazarus has been advising and helping victims of injuries in south Florida for over 20 years. Gary and Arleen Lazarus are eminently qualified personal injury attorneys who will listen to the circumstances of your injury and discuss options which may help you receive any compensation that is appropriate under the law. You can reach the firm by calling 954-356-0006.