Business Consultants S T R A T E G I C I M P L E M E N T A T I O N

FALL 2019

LUCKMAN LAW BULLETIN

Board Certified Civil Trial Lawyer

80 N.E. 4th Avenue, Suite 27

Delray Beach, FL 33483 P: 561-737-3133 F: 561-737-5180

Email: info@LuckmanLaw.com

Website: www.LuckmanLaw.com

Office Hours Monday—Friday

9:00a.m—5:00 p.m.

24/7 responses to all inquires

Dear Friends; As the summer fun comes to an end, we excitedly get ready for the holiday season. It is a time of family, friends and reflection. For some, though, the holiday season is a difficult time because of the loss of a loved one, illness, or being far away from family. Let’s all remem-ber to be sensitive to those close to us who are struggling emotionally and help them get through a time when their feelings of loss or lone-liness may be heightened. Holidays do bring feelings of happiness and joy to many. As you and your loved ones gather, let it also be a time of appreciation for all that we do have. Be safe, Eric

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Board Certified Civil Trial Lawyer

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80 NE 4th Avenue, Suite 27 Delray Beach, FL 33483

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Telephone: 561-737-3133 Facsimile: 561-737-5180 www.LuckmanLaw.com

Telephone: 561-737-3133 Facsimile: 561-737-5180

www.LuckmanLaw.com

Negligence is a complex term, and an incident that occurs that seems to be a clear-cut case of negligence may not be ultimately be seen as negli-gence at all. Negligence requires the injured party to prove wrongdoing, and that can be a very tricky thing, especially if a case goes to trial. By definition, according to Cornell Law School, negligence is defined as: A failure to behave with the level of care that someone of ordinary pru-dence would have exercised under the same circumstances. The behavior usually con-sists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previ-ous conduct). So, what does this mean in layman’s terms? If you were to visit an establishment and they had just washed the floors and had failed to put out “slippery when wet” signs and you slipped and fell, negligence would be fairly clear. If, however, the signs were out, you walked there anyway and fell, the issue of negligence would be a little murkier.

What is negligence and when does it apply?

Eric Luckman is a Florida Board Certi-fied Civil Trial law-yer. Less than 2% of lawyers in the state of Florida are recog-nized with this pres-tigious certification. Board certification recognizes attor-neys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in prac-tice. Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights.

If you settle a personal injury claim, the total sum awarded – less attorneys’ fees – will have to go toward some of the people or companies you owe. Damages, in a personal injury lawsuit, will usually include both past and present medical bills, lost wages, property damage, pain and suffering and in some cases, punitive damages, which go beyond the costs already associated with the case as a way to punish the party at fault. Who’s on the list of those who require repayment after you receive your settlement? Medical providers. While you will likely have to pay outstanding medical debt after a personal injury

settlement, doctors will often negotiate a lower fee so that you don’t exhaust your entire settlement. Auto insurance companies. If you are in an accident and an auto insurance pays your claims, in most cas-

es, insurance companies expect to be repaid after a settlement has been received. However, insurance companies rarely sue their own clients for reimbursements. If the other driver’s insurance company is the one that paid out, however, they may want their funds.

Medicare. If Medicare covered some of the costs of health care following an injury, the program is enti-tled to be compensated as part of the settlement, although the entire payment may not be necessary. Con-sult your attorney to determine how much Medicare will need to be reimbursed.

Health insurance companies. If you receive a settlement following a personal injury claim, your health insurance will request reimbursement. Again, because it is a complex process, consult your attorney to find out how much you owe.

Workers compensation reimbursements. If workers’ comp covered some of your medical expenses, you will be asked to repay those costs after settling in court.

Legal fees. After your attorney helps you win your personal injury case, he or she will be entitled to a per-centage of the proceedings if your attorney is working on a contingency fee contract, which means that you won’t owe anything if you don’t win your suit.

Do you have to pay your medical bills from a personal injury settlement?

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You may not think your social media accounts – Facebook, Instagram, Twitter, or LinkedIn among them - have much bearing on the outcome of a law-suit, but those personal things you post can be damning to your case. And in reality, what you post on social media is not all that personal, no matter your settings. Saying the wrong thing in a post or being seen in a suspicious photograph performing activities that your suit would suggest to be difficult or impossible could cost you your case. In general, it’s best to stay quiet about your lawsuit, not just on social media but in personal conversations, especially with potential witnesses, as these conversations can be seen as evidence that could be used against you as questions in depositions or at trial.

If you are involved in a personal injury accident – a motor vehicle ac-cident, a medical malpractice case or an injury at a business, for exam-ple – there are several different types of damages for which you can be compensated if you win your case in court. COMPENSATORY DAMAGES. Compensatory damages are awarded in an attempt to make the victim in a personal injury case whole, restoring the victim, as best as possible, financially, physically and emotionally. Monetary losses. Monetary losses can be extensive, and damages

can include both present and future medical expenses and rehabili-tation.

Non-monetary losses. Victims’ lives are often forever altered by an accident, and while no amount of money can change that, it can help improve his or her quality of life.

PUNITIVE DAMAGES. Punitive damages are a bit different than compensatory damages, because they are meant to send a message to the defendant, and are awarded as punishment for conduct that is seen as particularly reckless. Punitive damages are rare, awarded in only about five percent of personal injury cases, and are only awarded on top of compensatory damages. They are limited in most courts to 10 times the amount of compensatory damages. The goal of punitive damages is to prevent or deter the defendant from committing a similar act again. Punitive damages are also known as “exemplary damages.”

Avoiding social media while filing a suit If you’re in a car accident, the circumstances that follow are generally fairly cut and dry: you are either contacted by the other driver’s insurance company, which will offer compensation, or you will hire a personal attor-ney to help handle your case to ensure that you’re fairly compensated for your injuries. But what happens if you played a role in the accident? Usually, you will still be compensated for the accident, but your attorney – in this case, don’t try to go it alone – can help determine your percent-age of fault by examining your accident report, and if the opposing insur-ance company fails to offer a settlement and your case goes to court, a ju-ry will likely reduce your claim by a certain amount to account for your role in the accident. Your responsibility in a personal injury case – a slip-and-fall in which you failed to notice warning signs, for example – will usually be determined by a jury.

What are the different types of damages in a

personal injury case?

What if I was partly at fault in the accident?