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Category Archives: Personal Injury

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What You Must Prove to Win a Personal Injury Lawsuit

By David M. Benenfeld, P.A. |

Personal injury lawsuits are a type of civil lawsuit.  In a personal injury lawsuit, the plaintiff, who has suffered financial losses relating to an injury they sustained in an accident, asks the court to order the defendant to pay them compensation for those losses.  The defendant is a person or company that the plaintiff… Read More »

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The Daubert Standard: Using Medical Research as Evidence in Florida Personal Injury Lawsuits

By David M. Benenfeld, P.A. |

When an injured plaintiff in a personal injury lawsuit requests damages for past and future medical expenses, they must give evidence that treatment they already received was necessary and prove that they will continue to need the treatments they are claiming as future medical expenses.  To do this, they often summon medical expert witnesses,… Read More »

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Should I File a Workers’ Comp and Personal Injury Claim?

By David M. Benenfeld, P.A. |

When you’ve been injured at work, you may have many questions regarding how to go about the business of healing while not losing your job or too much time from work. In this scenario, there are two types of claims that have the potential to help you: a workers’ compensation claim and/or a personal… Read More »

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Does Workers’ Comp Cover Personal Injury?

By David M. Benenfeld, P.A. |

Your employer’s workers’ comp insurance does cover the injuries you receive on the job. However, in some situations, you may want to file a personal injury suit instead – or in addition to – of a worker’s comp claim. When you have been hurt on the job, many questions can arise. Should I file… Read More »

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Is Emotional Distress Considered a Personal Injury?

By David M. Benenfeld, P.A. |

In a personal injury case, you have various areas you can seek compensation for and they go well beyond the scope of just your physical injuries. One of those areas you may seek compensation for as well includes emotional and mental distress. After all, serious injuries can result in long-term emotional trauma that haunts… Read More »

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Calculating Pain and Suffering for an Injury

By David M. Benenfeld, P.A. |

How Do You Calculate Pain and Suffering? This is frequently one of the most baffling questions for people dealing with an injury. We find that clients often have questions about damages when thinking about a personal injury claim. Questions about calculating pain and suffering are also common. How do you put a dollar amount… Read More »

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How Long Will It Take to Settle an Injury Case?

By David M. Benenfeld, P.A. |

There is no set time on how long an injury case takes to settle, but on average, you can expect somewhere around six months after your doctors have released you from active medical care – as long as the case doesn’t go to trial. More complicated claims, especially those that go to trial, see… Read More »

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Does Underinsured Insurance Cover Pain and Suffering?

By David M. Benenfeld, P.A. |

After a severe accident with a driver who has little or no automobile insurance coverage, you turn to your underinsured insurance policy. While they cover auto damage and medical expenses, will you also get pain and suffering from them for your long-term costs? You can increase your compensation from your underinsured insurance policy, but… Read More »

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Is My Injury Case Worth Millions?

By David M. Benenfeld, P.A. |

Evaluating the “value” of your case is difficult, especially when you are the one suffering every day with the pain and financial struggles of your injuries. While there are injury claims that are worth millions, not all cases get that much of a settlement. Instead, it comes down to key factors. Most people assume… Read More »

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Microblading – Who Is at Fault for Injuries from a Botched Procedure?

By David M. Benenfeld, P.A. |

If you spend any time in the salon, you have heard about microblading. In fact, it is quickly becoming one of the hottest trends in beauty. This is because, if a woman can withstand the pain, she can have perfectly sculpted brows that last longer than average plucking or waxing times. However, the pain… Read More »

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