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Frequently Ask Questions

• When I Am Injured on the Job, Am I Entitled to Receive Workers’ Compensation Benefits?

  A: The Florida Workers’ Compensation law was designed to have the employer’s insurance carrier pay compensation for lost wages – as well as to furnish medical benefits to the injured worker – if the injured worker suffers “an accidental injury or a death arising out of work performed in the course and scope of employment”. This includes diseases which would arise from the work environment. It is important to understand that just because an accident did not occur on the premises of the employer, that does not necessarily mean that the claim cannot be filed with the Workers’ Compensation provider. This is why it is very important to get competent legal advice should there be a question about whether or not you may be entitled to Workers’ Compensation benefits.

  If you have been injured while performing your work responsibilities, contact the Law Offices of David M. Benenfeld P.A for a free consultation.

• How Can I Determine if a Trucker Was Taking Prescription Medications That Contributed to Him Crashing into My Car?

  It is a well-known fact that many truck drivers take prescription medications, over-the-counter medicines, and even illegal drugs to help them stay awake behind the wheel. Unfortunately, their jobs require them to sit in one place for long hours at a time—often dealing with traffic—which can be monotonous and lead to them dosing off. As a result, many truckers turn to taking medications.

  While there are many reasons why truck drivers take medicines, from treating a common cold to dealing with another health condition, prescription and non-prescription medications can affect a person’s ability to drive safely. Because experienced Florida accident attorneys know this, we know how to look for things of this nature following a crash.

  While it can be difficult to prove that a truck driver was driving drowsy—which led to the crash—it can be proven with the right attorney in your corner. One thing that we do at this law firm is review the police report. An officer may have noted that the truck driver could hardly keep his eyes open during an interview with investigators.

  Another thing we can do is request a truck driver’s log books and the electronic on-board data recorder. By reviewing this information, we can tell if a truck driver drove more than the allowable hours. If so, he not only broke the law, but he could be guilty of taking medications to help him stay awake behind the wheel.

  While evidence that a driver was impaired by prescription drugs is harder to prove than impairment by illegal drugs, it can be done. It’s just more difficult to prove, which is why victims of trucking accidents need to contact a lawyer immediately after a truck crash in Florida. This is helpful in starting the investigation early to help prove the truck driver caused the wreck and your injuries.

  For help getting the most compensation possible for your truck-related accident injuries, contact the Law Offices of David Benenfeld to learn more about your rights in a free consultation at 954-677-0155 today.

• How Can We Prove a Wrongful Death Claim to Hold the Other Driver Liable?

  In order to prove a wrongful death claim and hold someone responsible, there are three things you much prove, including:

  1. Establish someone else was at fault and acted negligently. For example, the death of your loved one could have been the result of a drunk driver, poorly designed highway, or defective car.
  2. Show that that your loved one has a spouse, children, or other dependents. You can either prove this through a wedding license, birth certificate, or a will that lists the beneficiaries.
  3. Show that the death of your loved one resulted in monetary damages. This can include the loss of income he or she would have made over his or her lifetime.

  Because wrongful death cases need substantial evidence to help you win the case, you need to hire an attorney experienced in deadly car accident cases. Experienced lawyers know how to prove your Florida wrongful death car crash case and fight for every penny you and your family is entitled to.

  Because there is a lot at stake in a wrongful death case, it is critical that you hire an experienced South Florida wrongful death attorney to help you win your case. Contact the Law Offices of David Benenfeld at 954-677-0155 for a free consultation today.