If you or someone you care about has been injured, you should seek competent professional legal advice as soon as possible to see if there’s a potential claim for personal injury. There are many kinds of personal injury cases, and the cause of an injury is not always clear. At King & Markman, we have extensive experience in finding the cause of serious personal injuries. We can help you determine whether you have a valid claim and, if so, who is responsible and what compensation may be available for you.

You want to make sure that all relevant evidence is preserved and not inadvertently destroyed or lost. You also need to comply with statutes of limitations and other legal requirements that may bar claims if made too late.

In every case, King & Markman, evaluates the medical records and undertakes research of medical literature, consulting with experts and physicians in multiple specialties, as necessary, to determine (a) if there was negligence and (b) whether the negligence caused the injury. Because our firm has investigated and litigated cases in numerous areas, many potential claims involve issues with which we are already familiar. In some cases we may engage experts in engineering or accident reconstruction to help in determining the possible merits of a claim.

If you have been injured, do not discuss your injury or the way it happened until you have consulted with one of our lawyers. Your statements might be incomplete or taken out of context and may be harmful to your claim at a later date. Do not sign any papers or agree to any settlement, as this may affect your right to pursue your claim against others who may be at fault for your injuries. Always seek competent legal advice first. At King & Markman, there is no charge for personal injury consultations.

No. At King & Markman, P.A., we will meet with you to discuss your injury and your case free of charge.

In personal injury actions, King & Markman is paid no fee unless we are successful in obtaining money for your injuries. King & Markman handles personal injury claims on a contingent fee basis. This means that the legal fee is a percentage of the amount recovered, and there is no fee due unless and until money is actually collected for you.

There are certain expenses, such as costs of medical records, court costs and expert witness fees involved in bringing a personal injury claim. Once King & Markman have evaluated your claim and determined it to be well-founded, we will advance expenses associated with your case and have them reimbursed at the end of the case. You owe us nothing unless we win your case.

Surprisingly, your claim will not require a great deal of your time, unless it goes all the way to trial. After the initial interview, King & Markman will do most of the work for you. In the typical personal injury case, you would be required to come to the office two or three times to answer written and oral questions about what happened to you. Aside from these questions, which are a routine part of the court process, very little of your time will be required to get the case ready for trial. The final trial preparation process will, however, require more of a time commitment.

You will not have to go to court unless your case cannot be settled and must be tried. Because of the many factors involved, it is impossible to predict whether your particular case is one which will be settled or one which must be decided by a jury.

Almost all personal injury claims are defended by insurance company lawyers and paid by insurance, so the person or corporation you sue will not have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will not go to jail because of the claim. However, one of the reasons our personal injury system exists is to make people more careful, and that can be a positive effect that your case can have on the person you are suing.

It is important to consult a lawyer as soon as you are aware that you have been injured because there are statutes of limitations which prohibit the bringing of old claims, and because it is easier to gather information about a recent injury. However, even if you were injured some time ago (and especially if the injured person is a minor or disabled from bringing an action on their own), you may still be able to bring a claim. Talk with a lawyer to get more information.

If you are injured through the fault of someone else, you are entitled by law to compensation for your injuries. This compensation is available not only for expenses you have already incurred, but for losses you will suffer in the future. If you or someone in your family is severely injured, this compensation can protect against changes in family situations, so that the injured person's future is secure. Also, by bringing a claim you may be able to prevent similar injury from happening to someone else.

Yes, in many cases. You may be entitled to be compensated for your medical bills regardless of whether or not they have been paid. (However, your health insurance company may claim reimbursement from you if any of your compensation represents bills that the insurer has paid. This is called "subrogation.") In addition, you may be entitled to compensation for many other aspects of your injury, such as lost earning capacity, scarring or disfigurement, future medical expenses, and pain and suffering.

The value of your claim depends on a wide variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled. It is impossible to estimate the value of a claim until the case has been fully investigated from all aspects, and sometimes its valuation may fluctuate depending on developments during the course of the litigation. You should be wary of anyone who tries to tell you the value of your claim at an early stage. After we have completed a thorough investigation of your case, we are in a position to offer you our opinion as to the value of your claim. If the insurance company offers to settle your claim, we will discuss the proposed settlement with you, and give you our advice about whether to accept the amount offered. Of course, the ultimate decision to accept an insurance company's offer of settlement or to allow a jury to determine the value of your injuries is always up to you.

The initial evaluation of a claim usually takes a month or so, except for medical malpractice claims, which may take three to six months. After a lawsuit is filed, the length of time depends on how crowded the court calendar is, and whether the insurance company is willing to resolve the claim before trial. Most cases take between one and three years to complete.

At King & Markman, we have lawyers who are admitted to all the state courts in Florida, Georgia, and New York. We also practice in the Federal Court, in the Middle and Northern Districts of Florida.

If you have more questions about personal injury cases, please contact us.

Negligent security is a type of premises liability claim in which a person injured by an attacker while on another person's property seeks recovery for his or her injuries from the property owner. Landlords, universities and colleges, commercial and residential property owners such as hotels, nightclubs, and malls, and others in possession or ownership of property may be found liable for negligent security.

Historically, negligent security claims were largely brought by people physically attacked while on another person's property, such as tenants of apartment buildings, students assaulted on campus, customers injured while shopping at a mall or workers injured by other co-workers, for example. Now, the theory of negligent security claims may be expanded to include victims of terrorist attacks, identity theft and other cyberspace crimes.

Yes, depending on the circumstances. In most states, if the attack was foreseeable, landlords owe a duty to their tenants to take reasonable steps to protect against harm. Generally a landlord's duty extends to the common areas, like parking facilities or shared hallways. If the attack happens within the tenant's dwelling, other factors may allow the landlord to be held responsible.

Yes, depending on the circumstances. Many states have found that universities owe a duty to their students to protect them from foreseeable harm. If the university failed to take reasonable measures to protect its students, the university may have to compensate the student for his or her injury. The court will focus on where the attack took place and whether the attack was foreseeable.

Most states recognize that a landlord owes a duty to its tenants and visitors to take reasonable steps to protect against foreseeable dangers, such as criminal attacks. In some states, the duty to protect against foreseeable dangers is based on the state’s statutes.

In many states, the court will use a balancing test to determine what is a reasonable according to the facts of the specific case. The court will weigh the likelihood of an attack and the potential for harm against the burden imposed on the property owner to provide the protection. Reasonable protection may include something as minor as a security camera or fence or something as expensive as hiring a security contractor and providing on-site security guards. The determination of reasonableness will be made on a case-by-case basis by the jury.

Business may claim that no duty existed between them and the injured party, like if the injured person was a trespasser on the property. Businesses may claim that the injured party's own negligence led to the injury or that there were no reasonable measures available that could have prevented the criminal attack. They also may argue that the measures they took were reasonable and that the attack was not foreseeable. Available defenses vary by jurisdiction, so you will want to speak with an attorney for specific advice.

There may be. In order to prove negligent security in cases of identity theft, it must be shown that the party storing your personal information owed you a duty to use reasonable measures to protect that information; the duty was breached; the breach caused you compensable harm; and if it weren't for the breach of duty, the harm would not have occurred.

Yes. Recovery against the employer may be limited by workers' compensation laws, but the employer can be held liable in cases of co-workers attacking other co-workers under a negligent security claim. Employers also have been held liable for attacks on visitors to the place of employment and domestic violence attacks on workers by spouses or significant others at work. Available claims can vary by jurisdiction, so it is best to consult an attorney about available claims.

Yes. In some states, there is no law that says you must contact authorities after an accident when no one is injured. It is a good idea to notify police and file a report if there is damage to either vehicle. If someone is injured you should always notify local law enforcement.

In most cases the person who is ticketed for the accident is at fault, but not always. A ticket cannot be used as evidence in the courtroom to show fault to either party. Most cases involve a shared level of fault on both parties. For insurance purposes, most initial decisions on who should pay for the damages go to the person ticketed. This is simply done because the insurance company was not there to witness the accident and will initially rely on the officer’s decision.

This all depends on what kind of insurance you have and who was at fault. In some states, anyone who owns a car is obligated to have Personal Injury Protection (PIP). This protection covers payments no matter who was at fault which is why it is also dubbed "no-fault: coverage." PIP coverage can cover 80 percent of medical bills up to the PIP limit (at least $10,000). If the accident was your fault, excess bills could come out of your checkbook. If the fault is on the other person you may have a claim against them for unpaid medical bills.

In some states, personal Injury Protection is usually capped at $10,000. This covers 80 percent of medical bills and 60 percent of lost wages until the coverage limit is depleted. Travel expenses to and from the doctor can sometimes be covered as well as any other expenses related to the accident.

If the accident was your fault then your insurance is your only option for payment. If you have no collision coverage and the accident was your fault, no one pays for your damages. If the other driver is responsible you can use their insurance. If you have collision coverage, you can use your own or choose to use the other person's insurance.

A bodily injury claim is a claim for pain and suffering following an accident. If an accident is determined to be your fault, then you have no claim. If the other party is completely or mostly to blame you can bring a claim against them when you have suffered a permanent injury. Permanent injuries can be anything from fractures, bad scars, any injury that requires surgery and even some soft tissue injuries such as back and neck herniated disks, bulges, and shoulder and leg sprains, provided a qualified doctor can testify as to the percentage of permanency.

Fault, damage and available coverage factor into the worth of your bodily claim. Even if you have suffered major injuries, a bodily injury claim has a value of zero if there is no fault. For limited coverage, value can be weakened to the available coverage despite drastic injuries.

If your employer provides workers compensation coverage, you could have a worker's compensation claim supplementing the car accident claim. However, you are not required to make a Workers Compensation claim - it is optional under Florida law.

An underinsured/uninsured motorist claim is equivalent to a bodily injury claim, but it is brought against your own insurance company. This is done when the tortfeasor (person at fault) does not carry any applicable insurance, or more commonly does not have enough to cover your injuries.

Yes. While there is no law in some states that says you must report accidents to your insurance company, all automobile insurance policies require that you report an accident immediately. If the accident does not get reported in a timely fashion you violate the terms of your insurance policy and run the risk of voiding your insurance for that accident. You have a contractual obligation to report all accidents.

If you have a very minor injury your claim could have a low value no matter what type of lawyer you hire. If you are suffering from major injuries, then the quality of your lawyer can play an extensive role in the amount of money you recover. An ineffective lawyer is someone usually who has little or no experience with injury claims. You should always evaluate an attorney’s experience in handling your type of case. You should also be aware of whether an attorney, case worker, or case manager will be handling your claim. Case workers and case managers are usually not lawyers and have little or no legal training from any accredited law school.

When a medical professional, such as a doctor, nurse, dentist, technician, hospital worker, hospital or other health care provider causes harm or death to a patient by failing to provide suitable care, medical malpractice or medical negligence occurs. An error in judgment is not malpractice. A medical malpractice lawyer can help determine if your health care provider did not provide acceptable care or if medical mistakes occurred. Your lawyer can also help explain the medical-legal process and help you feel at ease.

Examples can include failure to diagnose, misdiagnosis, prescription errors, surgical errors, birth injuries, nursing home abuse and more. Medical errors and mistakes made by hospitals, doctors and other medical professionals can result in medical malpractice, as well as sub-standard care and failure to perform a necessary function in order to prevent harm to a patient.

Not necessarily. Medicine is not an exact science and the law does not require doctors to be right every time they make a diagnosis. However, a misdiagnosis may be malpractice if your doctor neglects to get your medical history, order the appropriate test for your illness, or recognize the symptoms of your illness. If you have not suffered any injuries as a result of the misdiagnosis and the consequent treatment, you have no basis for a medical malpractice claim.

No. In general, no guarantees are made of medical results. Malpractice does not automatically occur just because a patient suffers a bad outcome. Unintended complications sometimes cause a bad outcome. Complications are not generally considered to be malpractice. In fact, most complications are contained on the consent form. Some of these include infection and bleeding.

A consent form does not release a physician from liability who was negligent in performing a medical procedure. Except in extraordinary emergency situations, patients sign a general consent form for treatment upon admission to a hospital or prior to having an invasive procedure or operation, indicating that the doctor has explained the nature of the patient’s problem, the suggested treatment as well as alternative treatments, the risks involved with those treatments and that the patient has had an opportunity to ask questions before consenting to the recommended treatment. Signing a consent form does not waive a patient’s right to bring a medical malpractice claim if you can establish that your doctor deviated from the applicable standard of care in performing the procedure and you were injured as a result.

Medical mistakes remain a national epidemic. Each year in the United States, it’s estimated nearly 98,000 people die as a result of medical malpractice. Thousands more Americans are injured as a result of medical errors annually. Despite this high incidence of medical malpractice, statistics prove most medical malpractice goes unrecognized and unreported, with only about two percent of injured patients seeking compensation through a lawsuit.

If malpractice is suspected, do not accuse or insult the treating health care providers. As soon as possible, consult an experienced medical malpractice attorney. Tell the attorney exactly how the events unfolded; if possible, obtain your medical records so the attorney can have them reviewed by an expert. If the patient’s care is ongoing by the physician, you may want to transfer the patient to another hospital or health care provider.

Three basic elements must be proven in a medical malpractice case against a health care professional. First you must show established standards of medical practice were not followed. Next, negligence or wrongdoing that resulted in the patient’s injury or suffering must be proved. Lastly, damages caused by the medical malpractice must be shown. Lack of adequate proof of any one of the three elements will result in failure of your case.

To bring a case to conclusion, it normally takes 1 to 3 years. The time varies because of factors such as the number of parties involved, the number of depositions and investigation needed, schedules and commitments of experts, the judge and so forth. Most of the cases that we accept eventually settle. If the case is tried and you obtain a favorable verdict, a defendant has an absolute right to appeal. That appeal usually prolongs a case’s conclusion by two to four years. Although more than 80 percent of our cases settle, we find that defendants are now more willing to take cases all the way to trial because of tort reform.

The prosecution of a malpractice case is expensive. Medical records must be obtained, depositions must be taken and experts must be paid. The investment also includes costs for exhibits and technology to fully demonstrate the devastating injuries that are personal to each of our clients. The cost for our firm to develop a medical negligence case today often runs $50,000 to $200,000. In more complex cases, this cost may be substantially higher.

Our malpractice cases are handled on a contingent fee agreement. Your executed agreement provides that we receive a percentage of the recovery made as a result of the case’s prosecution. We do not expect you to pay or defray any of the expenses of developing the case until such time as a recovery is made. At that time, those expenses will be deducted from your settlement. In the event no recovery is realized, we do not expect you to repay the out-of-pocket costs for developing the case.

If you or someone you care about has been injured, you should seek competent professional legal advice as soon as possible to see if there’s a potential claim for personal injury. There are many kinds of personal injury cases, and the cause of an injury is not always clear. At King & Markman, we have extensive experience in finding the cause of serious personal injuries. We can help you determine whether you have a valid claim and, if so, who is responsible and what compensation may be available for you.

You want to make sure that all relevant evidence is preserved and not inadvertently destroyed or lost. You also need to comply with statutes of limitations and other legal requirements that may bar claims if made too late.

In every case, King & Markman, evaluate the medical records and undertakes research of medical literature, consulting with experts and physicians in multiple specialties, as necessary, to determine (a) if there was negligence and (b) whether the negligence caused the injury. Because our firm has investigated and litigated cases in numerous areas, many potential claims involve issues with which we are already familiar. In some cases we may engage experts in engineering or accident reconstruction to help in determining the possible merits of a claim.

If you have been injured, do not discuss your injury or the way it happened until you have consulted with one of our lawyers. Your statements might be incomplete or taken out of context and may be harmful to your claim at a later date. Do not sign any papers or agree to any settlement, as this may affect your right to pursue your claim against others who may be at fault for your injuries. Always seek competent legal advice first. At King & Markman, there is no charge for personal injury consultations.

No. At King & Markman, P.A., we will meet with you to discuss your injury and your case free of charge.

In personal injury actions, King & Markman is paid no fee unless we are successful in obtaining money for your injuries. King & Markman handle personal injury claims on a contingent fee basis. This means that the legal fee is a percentage of the amount recovered, and there is no fee due unless and until money is actually collected for you.

There are certain expenses, such as costs of medical records, court costs and expert witness fees, involved in bringing a personal injury claim. Once King & Markman have evaluated your claim and determined it to be well-founded, we will advance expenses associated with your case and have them reimbursed at the end of the case. You owe us nothing unless we win your case.

Surprisingly, your claim will not require a great deal of your time, unless it goes all the way to trial. After the initial interview, King & Markman will do most of the work for you. In the typical personal injury case, you would be required to come to the office two or three times to answer written and oral questions about what happened to you. Aside from these questions, which are a routine part of the court process, very little of your time will be required to get the case ready for trial. The final trial preparation process will, however, require more of a time commitment.

You will not have to go to court unless your case cannot be settled and must be tried. Because of the many factors involved, it is impossible to predict whether your particular case is one which will be settled or one which must be decided by a jury.

Almost all personal injury claims are defended by insurance company lawyers and paid by insurance, so the person or corporation you sue will not have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will not go to jail because of the claim. However, one of the reasons our personal injury system exists is to make people more careful, and that can be a positive effect that your case can have on the person you are suing.

It is important to consult a lawyer as soon as you are aware that you have been injured, because there are statutes of limitations which prohibit the bringing of old claims, and because it is easier to gather information about a recent injury. However, even if you were injured some time ago (and especially if the injured person is a minor or disabled from bringing an action on their own), you may still be able to bring a claim. Talk with a lawyer to get more information.

If you are injured through the fault of someone else, you are entitled by law to compensation for your injuries. This compensation is available not only for expenses you have already incurred, but for losses you will suffer in the future. If you or someone in your family is severely injured, this compensation can protect against changes in family situations, so that the injured person's future is secure. Also, by bringing a claim you may be able to prevent similar injury from happening to someone else.

Yes, in many cases. You may be entitled to be compensated for your medical bills regardless of whether or not they have been paid. (However, your health insurance company may claim reimbursement from you if any of your compensation represents bills that the insurer has paid. This is called "subrogation.") In addition, you may be entitled to compensation for many other aspects of your injury, such as lost earning capacity, scarring or disfigurement, future medical expenses, and pain and suffering.

The value of your claim depends on a wide variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled. It is impossible to estimate the value of a claim until the case has been fully investigated from all aspects, and sometimes its valuation may fluctuate depending on developments during the course of the litigation. You should be wary of anyone who tries to tell you the value of your claim at an early stage. After we have completed a thorough investigation of your case, we are in a position to offer you our opinion as to the value of your claim. If the insurance company offers to settle your claim, we will discuss the proposed settlement with you, and give you our advice about whether to accept the amount offered. Of course, the ultimate decision to accept an insurance company's offer of settlement or to allow a jury to determine the value of your injuries is always up to you.

The initial evaluation of a claim usually takes a month or so, except for medical malpractice claims, which may take three to six months. After a lawsuit is filed, the length of time depends on how crowded the court calendar is, and whether the insurance company is willing to resolve the claim before trial. Most cases take between one and three years to complete.

At King & Markman, we have lawyers who are admitted to all the state courts in Florida, Georgia, and New York. We also practice in the Federal Court, Middle District of Florida.

If you have more questions about personal injury cases, please contact us.