David Edelstein is an AV Peer Review Rated criminal defense attorney
representing clients in state and federal criminal matters across the State of Florida.

If you or someone you love has a personal injury claim, you need someone on your side.
Miami Personal Injury Lawyer

Miami Personal Injury Lawyer and Wrongful Death Attorney

Making a Personal Injury or Wrongful Death Claim

What do you do if you believe you have a personal injury claim against another person or corporation? A few personal injury claims are caused by the intentional acts of others. These involve issues of assault and/or battery. While the criminal courts are often involved in these actions, there is a civil claim for money damages that may be made against a person who intentionally injures another.

Most personal injury claims, however, deal with negligence. Negligence is defined as a failure to use reasonable care. In other words doing something a reasonably careful person would not do or failing to do something a reasonably careful person would do. One party can only be liable for another party's personal injury if that person was at fault and that fault was the cause of the other person's injury. Most personal injury claims involve auto accidents; bus, plane or train accidents; premises liability or professional negligence. Premises liability cases may include slip and falls, building defects, failure to provide adequate security, or the like.

An individual can resolve his or her own personal injury claim either with the at-fault individual or with an insurance representative of the at-fault individual. In a minor injury with no permanent disability, it may be economically advantageous to handle the claim without an attorney. However, where there is a dispute as to fault, or a dispute as to the extent of the injury, use of an experienced personal injury attorney is recommended. If you have a claim that you believe requires the use of a personal injury attorney, you should employ an attorney early. You should not give statements or make commitments to a representative of the other party without legal advice.

Often times the total extent of an injury cannot be determined for some length of time. This is particularly true with injuries to children, injuries that cause psychological problems and injuries which aggravate pre-existing conditions. In the final analysis, the amount of money that you receive to compensate you for your personal injuries is dependent on the comparative fault of the two parties and the extent of the personal injuries. For example: if the value of your personal claim is $10,000, however, you were 25 percent at fault in the incident, the law states that you are entitled to $7,500.

You should immediately notify all insurance carriers of your personal injury claim. If it is a car accident claim, you should not only notify the other parties' insurance carrier, but also your own car insurance carrier. Different benefits are dependent upon the type of car accident and the type of insurance coverage held by the different parties. If you are employing a car accident attorney, it is important for you to bring to that attorney all of your insurance policies including automobile, health, and disability. Caution should be used in resolving these claims early.

In a personal injury claim, a person may bring a claim for their out-of-pocket medical expenses, wages lost because of being disabled, their inability to earn wages in the future, pain and suffering, disfigurement, disability and inability to lead the same life one led before the incident. If the claim is for the death of an individual, the Florida Legislature has established who may make a claim for that wrongful death and what damages each person may claim.

Most personal injury attorneys handle cases based on a contingency fee, which means the personal injury lawyer takes as a fee a percentage of the recovery. Any fee agreement with an attorney must be in writing. The fee agreement must state a method by which the fee is to be determined including the percentage or percentages that shall go to the lawyer in the event of a settlement, trial or appeal. If the attorney that you employ wishes to associate another attorney from another law firm to assist, the contract must be agreed to and signed by all attorneys as well as yourself. The Florida Bar also publishes a Statement of Client's Rights. A copy of the statement signed by both the client and the lawyer shall be given to the client to keep and the lawyer shall retain a copy in the client's file. Please read the Statement of Client's Rights carefully. If you have any questions, please voice them. The Statement of Client's Right explains how the contingent fee contract works, your ability to discharge your personal injury lawyer if you are dissatisfied, your personal injury lawyer's responsibility to communicate information to you and your final authority to resolve your claim.

Personal Injury Breaking News

Women enters pleas in 1-year disappearance of teenage girl - MiamiHerald.com
Wednesday, May 7, 2008

Women enters pleas in 1-year disappearance of teenage girl MiamiHerald.com, FL - May 6, 2008 Kimberly Cray and Ann Murphy entered the pleas to kidnapping, conspiracy and risk of injury to a minor, attorneys in the case said. ... .. read more

PETA calls for changes in racing - MiamiHerald.com
Monday, May 5, 2008

PETA calls for changes in racing MiamiHerald.com, FL - May 5, 2008 The Lexington lawyer and founder, director and president of the American College of Equine Attorneys was appointed to the racing authority April 28 by Gov. ... .. read more

NCL Pleads Guilty to Negligence in Connection with Norway Boiler Blast - Cruise ..
Sunday, May 4, 2008

NCL Pleads Guilty to Negligence in Connection with Norway Boiler Blast Cruise Ship Report, FL - 13 hours ago ... bring this unfortunate incident to a conclusion," NCL said in a statement. All personal injury claims stemming from the blast had been settled earlier. .. read more

Advisors may recommend Medicare trust - The News-Press
Sunday, May 4, 2008

Advisors may recommend Medicare trust The News-Press, FL - 58 minutes ago Some attorneys have taken the position that the personal injury attorney does not have a duty to protect the interests of Medicare, as long as the attorney ... .. read more

Circuit Court Judicial Races Shaping Up - Tampa Tribune
Saturday, May 3, 2008

Circuit Court Judicial Races Shaping Up Tampa Tribune, FL - May 3, 2008 Daniels runs her own firm, and practices personal injury , family, juvenile dependency and criminal law. She has been a state Bar member since 1995. ... .. read more

Miami Medical Malpractice Counselors and Vengeful Doctors ... - WiredPRNews.com ..
Friday, May 2, 2008

Miami Medical Malpractice Counselors and Vengeful Doctors ... WiredPRNews.com (press release), TX - 6 hours ago Stuart Ratzan is a trial lawyer and co-founder of Ratzan & Rubio, a Miami law firm that handles medical malpractice, product liability, wrongful death, ... .. read more

Judge: Lawyers Cheated Other Lawyers on Same Side of Insurance Dispute - Law.com..
Thursday, May 1, 2008

Judge: Lawyers Cheated Other Lawyers on Same Side of Insurance Dispute Law.com (subscription), CA - 3 hours ago The underlying case pitted 441 Florida providers against Progressive on bad faith claims for failure to pay for medical services in personal injury ... .. read more

Wrongful Deaths Occur Each Year from Improper Treatment During ... - Emediawire ..
Wednesday, April 30, 2008

Wrongful Deaths Occur Each Year from Improper Treatment During ... Emediawire (press release), WA - 12 hours ago Fort Lauderdale-based personal injury attorney notes that experienced legal counsel can help families obtain compensation for their loss and hold ... .. read more

3 tots saved from fire; police say mother left them alone - MiamiHerald.com
Monday, April 28, 2008

3 tots saved from fire; police say mother left them alone MiamiHerald.com, FL - 4 hours ago Page's attorney , John Bowes, did not immediately return a call seeking comment. The Miami Herald is pleased to provide this opportunity to share information ... .. read more

People: Miley Cyrus says Leibovitz took topless shot - Denver Post
Monday, April 28, 2008

People: Miley Cyrus says Leibovitz took topless shot Denver Post, CO - Apr 28, 2008 Contacted by the Daily News Sunday through his lawyer Rusty Hardin, Clemens confirmed a long-term relationship but denied that it was of a sexual nature. ... .. read more

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The hiring of a Miami personal injury attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a personal injury lawyer / client relationship.

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David M. Edelstein, PA
Florida Attorney

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