Boynton Beach Injury Attorney


Presentation Description

Drucker Law Offices 1325 S Congress Ave # 200 Boynton Beach, Florida 33425 (561) 265-1976 Have you been injured in an accident? Are you looking for a personal injury lawyer that will give you the personal attention that your case deserves? If so, you have found the right law firm. Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the motto: “Personal Injury Deserves Personal Attention.”. The Florida accident attorney and injury lawyer, Gary J. Drucker, has been practicing law for over seventeen years in the Tri-County area.


Presentation Transcript

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Is Negligencean Important Aspect Considered by A Boynton Beach Injury Lawyer The most significant aspect of a personal injury lawsuit is the claim of negligence. This is the fact that explains the situation that led to the accident and how carelessly or carefully the person accused acted in the given situations. This is however the most difficult part of the law to define and claim because it needs a lot of proofs and evidence. It is also required by the Boynton Beach Injury Lawyer to make a legal analysis of the situations and elements that involves negligence related to the particular case and facts. The lawyer must have in- depth information on the state laws governing negligence. The background of it According to the tort law negligence is the discrete cause of action. The law requires the parties involved in an accident to act reasonably in a manner that could avoid the accident in the first place and hence the injuries. It therefore conforms to specific standards of conduct by the involved parties. When the Boynton Beach Injury Lawyer finds that there is a violation of these set standards by one or both the parties the law considers them to be negligent and liable for monetary penalties to compensate the other who is at zero or lower level of negligence. In a few instances the law of negligence may cover omission to act by a person. Elements of negligence For any successful negligence lawsuit the plaintiff or the Boynton Beach Injury Attorney working on behalf of the plaintiff must prove negligence based on a few specific elements. There must be a specific duty of care owed by the person accused towards the plaintiff and there has to be a breach of such duty of reasonable care to lead to the accident that caused the injury. There must also be a causal connection between the conduct of the defendant and the resulting injuries. Apart from that proximate cause must relate to the foreseeable factor of the harms and the damages that resulted from such reckless conduct. The specific duties The specific duty of care may arise in a number of circumstances and situations which the experienced Boynton Beach Injury Attorney will have to consider. For example a driver must drive safely and observe all traffic and road rules failing which the driver actually breaches that duty. Other laws or specific statutes may define specific duties in some cases. Professional doctors and lawyers must uphold a standard of care as expected and when there is a breach it may be considered malpractice. Defenses to negligence The usual practice of the defendants or their advocates is to disapprove one or a couple of elements raised by the plaintiff to claim negligence. These defenses are raised on the basis of different clauses such as the assumption of risks by the plaintiff or comparative fault. Sometimes the defendants use the contributory and comparative negligence approaches to prove that the injured party is wholly or partially at fault to cause the accident and therefore should not be paid the damages.

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Different Steps Followed by A Boynton Beach Accident Lawyer to Make A Claim Successful Any injury claims due to an accident can take different forms and the amount of claim can vary from one case to another. However the basic stages of such lawsuits usually remain the same for all. The steps followed are the same by any Boynton Beach Accident Lawyer with a minor difference here and there depending on the type of accident. It all starts when you meet with the lawyer for a free initial consultation. This stage is quite important and relevant as it helps the lawyer and you to know the potential of your case and its monetary value. Therefore it should never be neglected. Taking up your case Once the Boynton Beach Accident Lawyer finds that there is enough potential in your claims the case will be taken up and proceedings will start immediately. The primary reason for the lawyer to start working on your case immediately is that they will work on a contingency fee arrangement most of the times provided you are not the defendant. In such an arrangement you do not pay any upfront fees or bear the legal expenses. All are deducted by the attorney if and only if you win the case. This is the most significant factor of personal injury law as it reduces the burden of fees and legal expenses from the already suffering injured victim. Initial court papers The Boynton Beach Accident Lawyer will explain each legal step to be followed to ensure you have a successful claim. It will also be ensured that all necessary documents and papers are in order. If any evidence and documents are further required the attorney will either ask you to collect it or the assistants if you have mobility issues. The attorney will make sure that there are no documents missed out and the case can be filed within the statute of limitation. All papers will be filed and preserved immaculately so that it can be produced in court during Complaints Answers and other motions of the lawsuit. The fact finding process Law does not rely on any statements without any substantial proofs. No matter how true is your claim all facts must be supported by valid documents. There will be a lot of investigation by your Boynton Beach Accident Lawyer the defense attorney and the insurance company or companies involved. Moreover if your case needs to be taken up in a court of settlement negotiation fails both the attorneys involved will ask for the documents from each other for fact-finding and investigation a process called ‘discovery’ in legal terms. Motions for trials Most of the personal injury claims are settled out of the court through settlements between the two parties and the insurance company or companies. However if you are unlucky then you will have to consider for a jury trial. However there are a few cases that may get resolved by Motions to Dismiss. In a trial process there are lots of opening and closing arguments made after the witness testimony expert witnesses depositions and other trial processes.

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Does Boynton Beach Accident Attorney Evaluate Injury Claims Before Representing You More often than not injury claims are made by the insurance companies either of the injured plaintiff or the at-fault defendant or both in a few cases. Generally speaking this is the ulterior motive of people taking out insurance policies. However matters may not be as simple as it sounds when it comes to making a claim. It is therefore required that you read the fine print very carefully and understand the terms and clauses of your insurance contract before signing on it. Once done there will be no recourse and sometimes even the best Boynton Beach Accident Attorney may not be much of your help. Know about insurance law Oftentimes when it comes to claiming insurance against your policy you will find the insurance company playing all sorts of games to reduce or deny your claims. It is their usual practice to make the most profit out of the premiums that you have paid diligently for so long. You will need to know about the insurance law and the claiming process to ensure that your claim amount is not reduced. Most common people do not have such expertise which is why you must hire a competent Boynton Beach Accident Attorney. Knowing about such practices they will have all counter-arguments ready to ensure the desired outcome. Your interest protected Apart from the deliberate strategies of the insurance companies to reduce your claims there may be a few errors as well. This will also affect your claim amount negatively resulting in an undesired decrease. If you are uninformed and unaware you may even lose out on your entire benefit as promised in the insurance contract. A competent and experienced Boynton Beach Accident Attorney will be able to make out the errors and find an easy and effective way to keep your legal interests protected. Cover up your expenses There are different types of insurance policies and at the time of need you may not know which of these are necessary to make a claim for your accident. To have financial protection in case there is any disaster such as medical malpractice a car accident or any other you buy a lot of insurance policies. The Boynton Beach Accident Attorney may help you in this aspect as well. In case a specific insurance policy limit does not suffice with the amount that you have already spend and going to spend on your medical treatment the attorney will find other insurances that may cover up the deficit. Common types of insurance The most common type of insurance considered by the attorney is the car insurance in case you face a car accident. This insurance is mandatory by law and it protects the policy owner against any physical damage caused to the car in an accident and also for any bodily injuries sustained or caused to others by the accident. Homeowners insurance can be used for slip and fall injury cases and medical or health insurance for meeting the high bills for your medical treatments.

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Know About the Process of Insurance Claim With A Boynton Beach Personal Injury Lawyer If you are injured in an accident and want to file an insurance claim with your insurer or that of the party at fault you must make sure that you do it as soon as possible of course after seeking the desired medical attention. This is the first step towards getting your compensation for the medical expenses other damages lost wages and even for your emotional trauma and distress. You must know the basics of making such insurance claims after an accident and if you are unsure then seek legal help of a Boynton Beach Personal Injury Lawyer to make a successful claim. Things to know The Boynton Beach Personal Injury Lawyer will explain every detail to you regarding the basics of insurance claims and also keep you informed about the usual practices that are followed by the insurance companies. There may be some difference amongst the first party and the third party claims as well as the process involved in it. As said before when there is a denial of claims or any reduction made to your claim there is a specific process to appeal against such actions by the insurance company. The most important factor is calculating the value of your case according to the insurance policy. First and third party claims Ideally there are two types of insurance claims made after an accident. One is the first party claim and the other is the third party claim. In a first party claim you file a lawsuit or make a claim with your insurer while on the other hand a third party claim is made against the insurance company of the other person or business entity at fault to cause the accident. Ideally all insurance companies provide coverage for third-party claims especially in car insurance if one is injured due to the reckless behavior of the insured. It is for the Boynton Beach Personal Injury Lawyer to decide what type of claim you will make and it will largely depend on who is at fault. Insurance claims process Whenever you face an accident and injure yourself the first thing you should do is to inform your insurance company about it. Whether it is a car accident or a slip and fall injury in the premises or a business this rule applies in all situations. Ideally you must report within 24 hours of the incident. If you are not at fault to cause the accident then you should call the insurance provider of the other party. Get all related documents after making such calls to prove the cause negligence and extent of the injuries. It is prudent to take help of the Boynton Beach Personal Injury Lawyer in such matters. Investigations are made The insurance company will investigate the accident and the validity of your claim. For this you may need to provide photos of the accident site medical reports and bills names of the witnesses and other proofs to the insurance adjuster. When your claim amount is evaluated the insurance company will issue a settlement check.

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