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

'Suge' Knight posts bail after Las Vegas arrest - The Associated Press
Thursday, August 28, 2008

The Associated Press 'Suge' Knight posts bail after Las Vegas arrest The Associated Press - 22 minutes ago Lawyers David Chesnoff and Richard Schonfeld, who are representing Knight, said they wanted to gather information about the arrest and talk with Knight ... .. read more

The Rielle Deal - Broward New Times
Wednesday, August 27, 2008

The Rielle Deal Broward New Times, FL - 8 hours ago A handsome man with thinning blond hair, he specialized in defending insurance companies against personal injury cases, and he was very good at it, ... .. read more

Busted in Brevard: Tuesday's arrests - Florida Today
Wednesday, August 27, 2008

Busted in Brevard: Tuesday's arrests Florida Today, FL - 8 hours ago Here are Tuesday's arrest and booking records compiled from law enforcement agencies in Brevard County. 12:18 am Aug. 26. Arrested: Tyler Ray Henderson, 18, ... .. read more

Radabaugh secures spot on Judicial Circuit Court - News Chief
Wednesday, August 27, 2008

Radabaugh secures spot on Judicial Circuit Court News Chief, FL - 14 hours ago His specialties are workplace injury , personal injury , juvenile and civil litigation cases. White, 51, could not be reached for comment Tuesday night. ... .. read more

A gift of life: 19-year-old gives friend a kidney - MiamiHerald.com
Wednesday, August 27, 2008

A gift of life: 19-year-old gives friend a kidney MiamiHerald.com, FL - 3 hours ago The surgery at the University of Miami /Jackson Memorial Medical Center was his moral obligation, he felt, to help Austin Pence, 22, a friend since both were ... .. read more

Elements of change in ‘Redbelt,’ ‘What Happens in Vegas’ - VillageSoup B..
Wednesday, August 27, 2008

VillageSoup Belfast Elements of change in ‘Redbelt,’ ‘What Happens in Vegas’ VillageSoup Belfast,  USA - 4 hours ago Lawyer Laura Black (Emily Mortimer), strung out on something, is desperate to get to the nearby pharmacy in time, but doesn’t. In the process she sideswipes ... .. read more

SBA Acting Administrator Visits Florida to Show Commitment to ... - MarketWatch
Tuesday, August 26, 2008

SBA Acting Administrator Visits Florida to Show Commitment to ... MarketWatch - 9 hours ago In addition, disaster survivors now have increased benefits as a result of changes that were recently signed into law under the Small Business Disaster ... .. read more

Frantic 911 calls made after cyclist crash - United Press International
Tuesday, August 26, 2008

Frantic 911 calls made after cyclist crash United Press International - 13 hours ago MIAMI , Aug. 26 (UPI) -- At least one witness to a major cyclist crash in Miami said in a frantic 911 call that the accident was the "most horrible thing ... .. read more

Winners and losers at the Beijing Olympics - MiamiHerald.com
Tuesday, August 26, 2008

Vancouver Sun Winners and losers at the Beijing Olympics MiamiHerald.com, FL - 37 minutes ago And the men's team took gold, ending an emotional two weeks for coach Hugh McCutcheon, whose father-in- law was stabbed to death in Beijing in the opening ... These Games were unprecedented �.. .. read more

Club in Palazzo opens, but legal fight isn’t over - Las Vegas Sun
Tuesday, August 26, 2008

Club in Palazzo opens, but legal fight isn’t over Las Vegas Sun, NV - 50 minutes ago Their lawyer , Mark Ferrario, obtained a court order preventing Adelson from canceling their lease, for now. Packer and Wolf have the distinction of owning ... .. 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
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