If you believe you have been injured due to the carelessness of another, you may be legally entitled to reasonable compensation for your loss. At Sobel Legal, we have procedures in place to quickly evaluate your case and quickly preserve the evidence necessary for maximizing your chance of recovering what you deserve.
Elements of a Case
There are many ways people are injured due to the careless actions of others. Sobel Legal handles cases where the following elements exist:
Liability- Negligence is the failure to use reasonable care. When someone owes you a duty to act responsibly, for example, while driving a car, and they do something that is unreasonable, they are liable for the damages which directly flow from their negligent conduct.
Causation- Careless conduct, in and of itself does not warrant an award of damages. We frequently get calls from people who say something like, “He could have killed me!” However, no matter how negligent someone may be, if we cannot prove a connection between the careless act and some damage, there is no case. In most cases, emotional damages without a physical impact is not compensable. Often, defendants (the negligent people) will argue that your injuries were not caused by their neglect. For example, you may claim a back injury due to an automobile collision and the defendant may argue that the collision did not cause the injury. Instead, they will argue, your back problems pre-existed your collision.
Damages- While there are differences in what is compensable, depending on the way you suffered an injury, there are two main elements of damages in every personal injury case:
Economic Damages- These are the damages we can put on a blackboard with exacting detail, such as past and future medical expenses, past and future lost wages or income earning capacity, funeral expenses and property damage.
Non-Economic Damages- These damages are often more significant than the economic damages people suffer. They include the following damages suffered in the past or to be suffered in the future:
Pain- this is very difficult to convey to insurance adjusters or juries. We all know what pain is, but when we don’t have it, it is hard to step into the shoes of the person who is experiencing it. This is why it is in your best interest to trust your case to a trial attorney who can marshal the types of evidence which will convey your pain to a jury. You may not be able to see the pain, but through the use of the Florida Rules of Evidence, you can show the devastating effects pain takes on a person’s life. In this skeptical, litigation environment, we recognize the need to assemble the right kind of evidence that will show a jury that you are, have been and will be in pain and place it in perspective of what healthy people value.
Disability- Before we are hurt, we are able to do all of those things that are necessary for survival and those things at which we are skilled or have practiced. We don’t award damages based on what part of your body was injured. Instead, we look at each case individually and evaluate the loss an injury has caused you! For example, the loss of a pinky finger on one’s non-dominant hand may have no effect on a teacher’s ability to earn money, it would have a career ending effect on a concert pianist. Other disabilities have profound effects across the board of one’s life; and it is your attorney’s job to marshal the evidence needed to show a jury how that disability affects you in all of the aspects of your life. Compensable disabilities include brain injuries which can be proven through state of the art diagnostic testing, including imaging and neuropsychological evaluations.
Mental Anguish- when accompanied by a physical impact, Florida recognizes your ability to make a monetary recovery for the emotional disturbance suffered as a result of another’s negligent conduct. Anxiety, nightmares, sleep disturbances and depression are not uncommon effects from physical injuries.
Lost Capacity for the Enjoyment of Life- When you are no longer able to do the things you once did, can’t do them as well or as frequently, Florida law requires juries to consider such damages when determining the appropriate amount of compensation you are entitled to receive as a result of someone else’s negligence.
Types of Cases
When you hire Sobel Legal for your personal injury case, we utilize our skills in gathering the evidence needed to prove all three important aspects of your case. We search for and, where available, obtain witnesses, video tapes, physical evidence, prior medical records and financial data that we can use to present your case in the best possible light to an insurance company or jury. At Sobel Legal, every case is prepared from the beginning as though it was going to go to trial. Unlike attorneys who need to refer to trial attorneys those cases which they cannot settle, if we are unsuccessful in resolving your case for a reasonable value, your case will be brought to trial and the people you have worked with at Sobel Legal from the beginning of your case and who have come to know you, will continue to help you until we obtain a settlement for you or have presented your case to a jury.
Although you are a victim of negligence and truly deserve to be compensated, legal action may not always be in your best interest. We will assist you in making a determination that is best for you, but that cannot happen until you call us to evaluate your case. Every case gets evaluated by Kenneth J. Sobel, Esq. who has 30 years of experience in representing personal injury victims. The consultation is free; and if you decide that you want Sobel Legal to partner with you in presenting your case, you will not pay a fee or reimburse Sobel Legal for any costs incurred unless we make a recovery.
We can be reached at 954-526-7007.