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South Florida Personal Injury Lawyer, Florida Personal Injury AttorneysSouth Florida personal injury lawyer David I. Fuchs has over 17 years of experience in successfully representing accident victims, their families and friends who have suffered a death in the family or sustained serious bodily injuries, pain and suffering, lost wages and medical bills because of the negligence of a third party whether it be another driver in a car, automobile, truck, pedestrian, bicycle, motorcycle, tractor trailer, moped, scooter, or skateboard accident, or whether the serious injury has occurred on, in or a result of a bus accident, medical malpractice, nursing home, airplane, boat, construction site, cruise ship, railroad or railway, swimming pool, dog or animal bite, defective product. South Florida personal injury lawyer David I. Fuchs will also fight for you if you have been the victim of a defamatory statement whether it be libel or slander or if you have been seriously injured and hurt by virtue of a slip and fall or other accident on the property of a third party due to the negligence of the owner of property whether that property be a private home, apartment or condo, shopping mall, strip mall, shopping center, department store, supermarket, gas station, public sidewalk, street or pathway, park or recreation center, convenience store, or any other public, government or private property. Personal injury litigation can be broken into two general categories: negligence cases and intentional acts or "torts." (The word "tort" is a fancy word, which refers to a legal cause of action -- the wrongful act of another person which entitled an injured party to seek damages through the courts.) NegligenceCauses of action arise from "negligence" when the person who causes the harm does not intend the injury, but is careless with the safety of other people. Most litigation arising out of motor vehicle accidents charges a driver with being "negligent." To win a "negligence" case, an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation. In the context of an automobile accident, the driver of a car owes other drivers the duty to drive safely and to keep his car under control at all times. It is foreseeable that mistakes made while driving can result in accidents which may cause serious injuries to other people. Thus, a person injured in a car accident is in a good position to argue that the driver who caused the accident was legally "negligent" and thus should pay compensation for the injuries caused by the accident. Common negligence actions include automobile accidents, "slip and fall" accidents resulting from improper design or maintenance, and medical malpractice actions. Intentional TortsAn intentional tort arises when a person intends to commit the wrongful act which results in injury. Usually, it does not matter if the injury is intended, or if the injury suffered is far more severe than was intended. From a legal perspective, it can be difficult to obtain compensation from a person who commits an intentional tort, as most insurance policies do not cover intentional wrongful acts. However, sometimes injuries result from the acts of more than one party, or multiple causes of action may arise from the same act. For example, a daycare center has a duty to provide adequate supervision of its premises to make sure that the children are safe from harm, including keeping them safe the foreseeable wrongful acts of third parties. If a person molests a child, that is considered to be an intentional act. However, if the daycare center allows strangers to access the premises, or does not adequately screen or supervise its employees, and a child is molested as a result of the daycare center's lack of care, the daycare center's conduct may support a legal cause of action for negligence.
Workplace InjuriesSometimes, people are injured at work. Most of the time, the only legal action they can bring against their employer or co-workers is a claim for workers compensation. A person who is injured at work may also have a claim against a "third party," such as the manufacturer of unsafe machinery, the owner of the premises where the injury occurs (if different from his employer), or against another company, whose employee causes the injury. For example, if a person is injured at work when accidentally hit by a forklift driven by a fellow employee, he will usually only be able to recover "workers' compensation" benefits. However, if the forklift is being driven by a delivery person for a different company, the injured person may be able to recover additional money damages against the driver and his employer. If you are injured at work, you should consider having your case evaluated by an attorney to make sure that you are receiving all of the workers' compensation benefits that you are entitled to obtain, and to see if you have a claim against a third party for the injuries you suffered. Catastropic injuries are injuries which require significant medical treatment, and which usually have a long-term or permanent effect on an injured person's life. Some injuries are catastrophic, but with good medical attention the injured person can make a good or excellent recovery. Others cause permanent disability, significant suffering, and may substantially shorten an injured person's lifespan. It is helpful to have an attorney who understands the treatment and recovery process. A severely burned child may require repeated surgeries to accommodate growth, in addition to various cosmetic surgeries. A child with a bone fracture that affects a growth plate may face difficult bone-stretching procedures, and may never have normal use of an affected limb. If an attorney understands the long-term effects of an injury, the attorney will be better able to argue for just compensation. When a person suffers a spinal cord injury, the person may face a life of disability and dependency. An active person can suddenly become an invalid, with injuries that cannot be treated by even the most advanced medical treatments. While there is always hope of a future medical advance which will ameliorate or even cure spinal cord injuries, at present medical science is limited. A parent whose child suffers a brain or spinal cord injury may suddenly find that the child requires full-time care. A brain injury may cause a personality change, causing a spouse, parent or child to suddenly seem like a different person. One of the true tragedies of life is that many people are catastrophically injured, but cannot recover adequately for their injuries. Legislatures throughout the country have imposed caps on "non-economic" damages, which can be ridiculously low. Ironically, studies indicate that huge jury verdicts are rare, and that most injury victims are undercompensated. By misrepresenting the exceptional case as the norm, insurance companies have successfully protected their wealth at the expense of society's most vulnerable injury victims. The worst and most dangerous drivers often carry the lowest possible amount of insurance that the law allows, or carry no insurance at all. Few people would voluntarily allow themselves to suffer even a simple fracture of a bone, even for tens of thousands of dollars. The amount of suffering that results from living a lifetime with disfiguring scars, or with a spinal cord or brain injury, is inconceivable. Our society really should do more to take care of its own -- to make sure that people who suffer catastrophic injuries do not effectively lose their right to a reasonably normal life, just because an insurance company successfully lobbied for damages caps on personal injury or malpractice actions. South Florida personal injury lawyer David I. Fuchs will represent you for injuries that include, but are not limited to:
After a collision or other accident caused by the negligence of another it is imperative to call the police to the accident scene, and seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights by calling Florida personal injury lawyer David I. Fuchs who will take your call and speak with you immediately about your car accident. Florida personal injury lawyer David I. Fuchs will then stand ready to fight for you to see that you get compensation for your pain and suffering, any lost wages and medical bills. Call South Florida personal injury lawyer David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your accident case. You may also write to South Florida personal injury attorney David I. Fuchs by filling out the form on the "Contact Us" page." If you can not come to us South Florida personal injury lawyer David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol. Llame David Fuchs Florida abogado de heridas. |