injury attorney

Do I Really Need a Palm Beach Injury Lawyer, Or Can I Manage Myself?

February 25, 2023 | by David J. Halberg, Esq.

One of the questions people ask themselves after an accident is whether they truly need to hire an injury lawyer or if they can get by filing the claim on their own. Palm Beach injury lawyer

First thought that comes to our minds is the old adage about how you could probably pull your own tooth if you had to – but wouldn’t you rather a dentist do it?

Of course, some of it depends on the severity of the situation. Are we talking a baby tooth or a root canal?

Still, we know the lines are somewhat ambiguous as to when it’s a good idea to hire an injury lawyer, when you may be fine to wing it, and when your case is pretty much doomed if you don’t have one.

The good news is that most South Florida injury lawyers provide free initial consultations. This can go a long way in helping you make an informed choice about whether a case is worth pursuing and if you need a professional legal advocate’s help. Sometimes it doesn’t hurt to talk to a couple of different lawyers at the outset, just to get a few different perspectives on the basics of your case viability, value, and difficulty level.

In addition to injury severity, other factors pertinent to deciding whether it’s wise to hire a Palm Beach injury lawyer: Continue reading

Why a South Florida Injury Lawyer May Decline Your Case

December 8, 2020 | by David J. Halberg, Esq.

It’s a good idea to interview at least a couple different South Florida injury lawyers before deciding which to hire to handle your claim. But just as you are considering which attorney to hire, he or she is also considering your case potential. If your case is declined by one lawyer, ask why and don’t hesitate to get a second opinion. Most offer free initial consultations. South Florida injury lawyer

That said, there are several reasons why an attorney may decline to accept your case – and it may have more to do with them than the viability of your claim.

Here, our West Palm Beach injury lawyers explain a few reasons why an attorney may turn down your case. Continue reading

Serious Florida Tourist Injuries Reported at Universal’s Water Park

July 29, 2020 | by David J. Halberg, Esq.

A water slide at Universal’s Volcano Bay water park in Orlando has reportedly caused more than 100 Florida tourist injuries, including one man from New York who was reportedly paralyzed last year. South Florida injury lawyers

As longtime Florida tourist injury lawyers in West Palm Beach, we’re familiar with the Florida law that only requires theme parks to report ride injuries to the state when the person hurt is hospitalized for at least 24 hours. That means the actual number of injuries at theme parks are likely much higher than what’s reported to the public. Further, park visitors should know that they may have a right to monetary damages – even if their injuries didn’t meet the park’s criteria for required public reporting.

The ride in question is a series of four slides, called Punga Racers, with riders ultimately splash-landing into catch pools. According to court records and reporting by the Orlando Sentinel, the 115 injuries visitors suffered after riding the Punga Racers water slides ranged from mild to severe, and included:

Scrapes
Nosebleeds
Concussion
Neck whiplash
Paralysis

Two ride safety testers were also injured. But in all of those, only one – the paralysis – was considered reportable to the state. Continue reading

Was Your Hospital Injury Medical Malpractice or General Negligence?

October 6, 2017 | by David J. Halberg, Esq.

Injuries that occur in hospitals are mostly matters of medical malpractice, meaning they stem from substandard care provided by medical professionals. However, some hospital injuries are the result of general negligence (often due to unsafe conditions on the premises). Although hospitals are providers of care, they are also owners of property, with a duty of reasonable care under premises liability law to the general public who enter. medical malpractice

This distinction is clear in some cases. For example, a visitor slips-and-falls in a just-mopped hospital lobby that isn’t marked with a sign. Clearly, that incident isn’t a matter of medical malpractice; the visitor wasn’t even being treated. However, when it comes to patients – current, prospective or leaving – the waters can get muddied.

It’s an important distinction to make because the proof burden for these two types of cases is very different. For general negligence cases, one must simply prove defendant owed a duty of care, that duty was breached and the breach resulted in an accident that caused injuries. However, Florida medical malpractice cases, per F.S. 766.102, require claimants to prove by the greater weight of evidence that alleged actions of health care provider(s) breached the prevailing professional standard of care for that health provider. This considers whether the level of care, skill and treatment in light of all surrounding circumstances is deemed acceptable and appropriate by reasonably prudent similar health care providers. In order to do this, one must present a qualified expert medical witness testimony – and that’s long before one ever gets to the trial phase. There is also the matter of the statute of limitations (the time in which one has to file a case). In Florida, general negligence claims can be filed within four years. Medical malpractice claims have to be filed within two years. Continue reading