The qualities you should look for when you go to hire a personal injury law firm in south Florida

Personal Injury Law

There are many personal injury law firms located here in Jupiter, Palm Beach County, south Florida, and throughout the entire country. What you need to figure out is who are the best personal injury attorneys to handle your case and give you the best chance of getting what you think you deserve out of your case.

 

The first important thing for you to know: most personal injury law firms like ours at Slinkman, Slinkman & Wynne, P.A. will sit down with you and have a free initial consultation with you. So the first thing we would advise you is to cut out most if not all of the law firms who want to charge you for that initial consultation. There are enough quality firms and lawyers that will look at your case and give you an honest assessment for no charge that you need not consider paying for that meeting.

 

Here are some other important questions you should ask when hiring a personal injury law firm:

  • Do I have a legitimate case?
    • Practically everyone who walks into a personal injury law firm believes they have a case that could get them money… often, a lot of money. Unfortunately, this is not always the case. Be willing to listen to what feedback the lawyer is giving you. If you do not agree with the feedback, you can always go and get a second and even third opinion. But also be open to the fact that maybe you do not have as easy a case to win as you think.
  • Who will be working on my case on what are their resources?
    • Will a lawyer be working on your case, or paralegals and legal assistants? Yes, you should expect that the paralegals and assistants will do some of the work, but one of the firm’s lawyers should be involved every step of the way as well.
  • What types of cases has the firm worked in the past?
    • This is an important question as most people do not realize that there are many types of personal injury cases. Make sure to find out if the firm has a positive history in working cases in the area which your case would fall under – including Slip & Fall, accidents, malpractice, workers compensation, defective products just to name a few.
  • What is the firm’s reputation?
    • This can be found by doing some research on google. Look for industry recognition and accolades. And definitely check on their website, and through social media to view testimonials from clients and others who have worked with the firm and the attorneys in the firm.
  • How does the law firm get compensated for working your case?
    • In addition to offering a free initial consultation, The best personal injury law firms also give a “No Fee Unless We Win” guarantee. In the legal industry this is known as a “contingency fee contract.”

 

Arm yourself with these questions and you will give yourself the best chance at winning a personal injury lawsuit.

 

You often here personal injury attorneys and many other types of attorneys say that they give the best service, have the most experience, and will do what it takes to help you win your case, and get you a lot of money in the process. You can see it in the ads on television, hear it on the radio driving to and from work, or see it on the multiple billboards along I-95 that you pass on a daily basis.

 

But you will never see Slinkman, Slinkman & Wynne, P.A. on a television ad, or on a billboard along the highway? Why? Because we believe that our best sources for new business always come from our current and former clients. We pride ourselves on delivering on our promise – to help you get the compensation that you deserve for the injuries you have suffered: physical, mental and psychological.

 

While a television advertisement or a billboard may make an attorney appear knowledgeable and trustworthy, that is not always the case. Slinkman, Slinkman & Wynne has stayed away from big advertising and relies on word of mouth referrals from prior clients which is the true test of a law firm’s service to a client. Relying on referrals can only be accomplished when past clients are happy with the dedication and services provided by Slinkman, Slinkman & Wynne.

 

The Law Firm of Slinkman, Slinkman & Wynne, P.A. provides:

  • Contingent fee contracts – No Fees or Costs unless we prevail on your injury case.
  • Free confidential initial consultations
  • Attorneys who handle your cases…not just paralegals or support staff
  • We are proud to offer home, hospital and nursing home visits to you in the event that you are unable to meet with us in our office. Let us travel to you.

 

If you are in an automobile, motorcycle or boating accident; or a Slip and Fall accident, Wrongful Death & Serious Injury situation, Medical Malpractice, Defective Products, or many other types of legal situations where injury or death has occurred, contact us immediately.

You can contact us by phone at (561) 686-3400, via email at info@sswlawfl.com, via fax at (561) 686-5683, or by filling out the contact form on our website at http://www.sswlawfl.com/contact/.

 

We look forward to helping you obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. Slinkman, Slinkman & Wynne, P.A., where we have been devoted to protecting south Florida families for over 40 years!

Use these tips shared by Slinkman, Slinkman & Wynne, P.A. to minimize your risks while driving

Distracted Driving graphic - April 2017

Through our blog here at Slinkman, Slinkman & Wynne, P.A. we often talk about the needless tragedies caused by people who are texting or otherwise distracted while driving their vehicles. Distracted driving is leading directly to serious injuries and death on our roadways here in Jupiter, throughout Florida and the entire United States. April is Distracted Driver Awareness Month (National Safety Council). This is the perfect time to share some valuable tips on how you can minimize the risks of driving, and keeping your attention on your vehicle and what is going on around you on the roadway.

Here are the following steps you should be taking to avoid the dangers of driving:

  • Wear your seat belt.
  • Whenever you are going to drive, try to plan ahead and leave early if possible, giving yourself extra time to get to your destination.
    • Giving yourself extra time makes you less stressed – and also one less excuse for picking up the phone and texting or calling ahead to tell someone that you are running late.
  • Be careful and extra aware in work/construction zones.
    • Here in Florida, there are currently multiple construction zones at night along most of our major highways (particularly I-95). There is big risk involved for the workers who are often close to the moving vehicles. Be extra aware and cautious when you see workers and active construction going on.
  • Do not let yourself be distracted.
    • Do not text. Do not let passengers (especially children) distract your attention. Do not let animals distract you either. Any distraction can significantly delay your response time, which can be the difference between avoiding an accident and being involved in one. Your vehicle can turn into a dangerous projectile in less than a second.
  • Have a plan for any troubles that can happen during your trip.
    • If you are not prepared for your vehicle breaking down or having a flat tire, you will be at the mercy of local towing companies and random service companies that could take advantage of you and your situation.
  • Make sure your proof of insurance is up to date and easily accessible.
  • Create for yourself safe phone useage rules while driving. And do everything you can to stick to them.
    • This might sound a bit corny – but the truth is that we have become so used to driving in our society that most of us take the very real risk of driving each time we get behind the wheel for granted. As mentioned earlier, any vehicle can turn into a dangerous, high speed projectile instantaneously. We should always be mindful of that fact.

 

This list of tips comes directly from an article recently published on the insurance industry online magazine website PropertyCasualty360.com, written by Rosalie L. Donlon.  To read this entire article go to: http://www.propertycasualty360.com/2017/04/11/minimize-your-risk-of-distracted-driving-with-thes?ref=most-popular&slreturn=1492549095

 

If you are injured in an auto accident because the other driver or you were texting or otherwise distracted, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage or other momentary distractions happen all the time. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Our main office is conveniently located in Jupiter, Florida. We have proudly served south Florida including Palm Beach Gardens, West Palm Beach, Palm Beach, Tequesta and the Treasure Coast as well as anyone in the state of Florida who needs a law firm who knows how to protect your rights, for over 40 years.

The Frye vs. Daubert standards – and why they are important to you as a citizen of Florida, and the United States

In our most recent article we discussed the recent ruling by Florida’s Supreme Court to halt the enactment of a state statute enacted in 2013 that would have required much more stringent standards for admission of expert medical testimony in medical malpractice lawsuits. Politicians and attorneys alike are familiar with both legal standards that are being pitted against one another in this legal battle – the older Frye Standard versus the newer and more stringent (and therefore more defendant-friendly) Daubert Standard. But most of the general public are not.

 

Here is a quick synopsis of each standard, and where they originated from:

 

According to Wikipedia, the Frye standard: “To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as “generally accepted” by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.” The case this test comes from, Frye v. United States, was originally tried in 1923. https://en.wikipedia.org/wiki/Frye_standard

 

From that point forward the Frye standard became the widely-used and cited case law for the admissibility of evidence in civil court, particularly medical malpractice cases. Until 1993, that is.

 

In 1993, a ruling in the case of Daubert v. Merrill Dow Pharmaceuticals held that “the Federal Rules of Evidence did not incorporate the Frye “general acceptance” test as a basis for assessing the admissibility of scientific expert testimony, but a flexible reliability and relevancy standard instead,”  https://en.wikipedia.org/wiki/Daubert_standard

 

What does this mean to the average American? Using the Daubert standard over the last two decades has given judges more latitude to rule some expert testimony inadmissible before that testimony is seen by the jury. According to a 2002 RAND study cited in the Wikipedia article, “post Daubert, the percentage of expert testimony by scientists that was excluded from the courtroom significantly rose. This rise likely contributed to a doubling in successful motions for summary judgment in which 90% were against plaintiffs.[16] Beyond this study, there is little empirical evidence of the impact of Daubert. However, some critics argue that Daubert has disrupted the balance between plaintiffs and defendants.”

 

Florida was, in fact, one of the last states to have its Legislature try to adopt the Daubert Standard through statute enactment. As we previously noted, the state currently has a Republican majority in its Legislature, a Republican Governor (Rick Scott) and a Democrat-leaning Supreme Court. And since the ruling in February by the Supreme Court was not definitive, expect this tug-of-war to continue in our state government and others moving forward.

At Slinkman, Slinkman & Wynne, P.A. we will keep an eye on this and all other legislation that could affect you and your family if you are ever faced with having to sue for medical malpractice, defective products, or practically any other personal injury situation where either you or a loved one has suffered a wrongful death or serious injury.  We have been practicing personal injury law in south Florida for over 40 years.

For more information or for a free initial consultation, contact us at http://www.sswlawfl.com or at (561) 686-3400.

Daubert standard rejection for Medical Malpractice cases makes for key future case law in upcoming trials in Florida

Florida Supreme Court Building

The Florida Supreme Court issued an important ruling recently that looks to be turning back scientific evidence admission standards in civil lawsuits to an older, more plaintiff-friendly requirement.

 

In its 4-2 ruling last month, the state’s highest court cited “grave constitutional concerns” as raised by the Florida Bar’s code and rules of evidence committee regarding the more stringent expert testimony admission rules under the Daubert standard that were put in place by the Florida Legislature on July 1, 2013 and endorsed by Governor Rick Scott.

 

The more lenient standard is known as the Frye standard, named after a case in 1923 (Frye v. United States) that was ruled upon by the Court of Appeals of the District of Columbia. The ruling in that case was then adopted throughout the United States and used for the next 70 years. The move to the more stringent Daubert standard happened in 1993 when the U.S. Supreme Court ruled upon the admissibility of expert testimony in the case of Daubert v. Merrell Dow Pharmaceuticals.

 

Currently Republicans hold a majority in the state Legislature and Governor Scott is a Republican, as well. Meanwhile there are 4 Liberal and 3 Conservative leaning judges on the Florida Supreme Court. In this case all 4 Liberal judges voted against the 2013 statute, while 2 of the 3 Conservative judges voted for it while 1 obstained.

 

As was pointed out in several other articles on this ruling, the move by Florida’s Supreme Court here does not definitively resolve the issue. In fact, the court left open the question, to be decided by a “proper case or controversy.” – meaning that it will be decided by a ruling in a future case.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that these types of rulings have a substantial effect on future medical malpractice and other personal injury civil lawsuit cases. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to medical malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

 

The following articles were used to help in the writing of this article:

http://www.mscesq.com/wp-content/uploads/sites/317/2017/02/sc16-181.pdf

http://www.hptylaw.com/media-publications-florida-supreme-court-rejects-daubert-statute.html

https://blog.expertpages.com/research-trends/florida-supreme-court-rejects-daubert-rule.htm

http://floridapolitics.com/archives/232254-supreme-court-rejects-daubert

http://www.dailybusinessreview.com/id=1202780342439/Florida-May-Be-Reverting-to-Frye-Standard-for-Admissibility-of-Expert-Testimony?slreturn=20170229213337

http://www.jdsupra.com/legalnews/florida-supreme-court-rejects-daubert-64301/

 

U.S. House Judiciary Committee proposes bill that will curtail rights of injured parties in medical malpractice lawsuits

U.S. House Judiciary Committee

Over the last several days the media has been focusing its coverage of healthcare debates on the new bill that is just coming out of several committees in the U.S. House of Representatives that is meant to repeal and replace the Affordable Care Act (more popularly known as Obamacare). But this, in fact, is not the only bill that the U.S. House has proposed to roll back previous legislation meant to help lower and middle income Americans.

On February 26th the U.S. House Judiciary Committee announced that they would be marking up and voting upon bill H.R. 1215, the “Protecting Access to Care Act of 2017”. According to Huffington Post contributor Joanne Doroshow, this legislation aimed at capping potential lawsuit settlements brought by anyone who receives their health care through a “federal program, subsidy or tax benefit.”

In other words, if you are receiving your healthcare through Obamacare, or from practically any other government entity, this bill will propose to significantly lessen or curtail your rights as the injured party.

 

The article lists other restrictive provisions in this bill which include:

  • Lessening the amount of time that you have to file a lawsuit.
  • Restricting the amount of money you can receive if you are involved in a case of medical malpractice.
  • Federal repeal of state joint and several liability laws, putting the onus of payment of medical bills back on the injured party if one of the perpetrators is unable to pay.
  • Restricting who you can sue in a case against a drug company over an unsafe drug.

The Huffington Post points at this and other pieces of recent legislation proposed by the U.S. House Judiciary Committee as examples showing that this Congress is scheming to “strip Americans of their legal rights. We are not sure if we would go that far – yet.

 

 

We believe that all Americans need to keep a close watch on what bills get proposed over the next 2 years in Congress – and be willing to voice your opinion if there is a bill that goes against the protection of the rights of your fellow Americans when they have been wrongfully injured or killed.

 

At Slinkman, Slinkman, & Wynne, P.A. we realize that the combination of a Republican President and Republican-controlled Congress could have a negative effect on the rights of injured people. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where you or someone you love has been in an accident or the victim of malpractice, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/.

 

We specialize in Wrongful Death and Serious Injury, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred. Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached.

 

With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

Automobile accidents in U.S. in 2016 rise to their highest level since in 2007: 2-year increase most in over 50 years

national-safety-council-logo

 

Different year, even worse results. Sadly.

 

In its annual report released last week, the National Safety Council announced that lower gas prices and distractions while driving (texting and drunk driving chief among them) helped lead to another significant rise in fatal auto accidents throughout the United States in 2016.

 

In the report released last Wednesday, the National Safety Council said that approximately 40,200 motor vehicle deaths occurred from January through December of 2016 – an increase of 6% from the same period in 2015, and 14% over the two years since 2014, the largest 2-year jump in over 50 years.

 

As we here at Slinkman, Slinkman & Wynne, P.A. we have been saying for over 40 years, even one death from an automobile accident is too many. Unfortunately, too many of our fellow Floridians and Americans just do not seem to be getting message – stop texting while driving, and using drugs or alcohol before getting behind the wheel of an automobile. You are putting your own life, and the lives of everyone around you in serious danger.

 

As Deborah A.P. Hersman, president and CEO of the National Safety Council asked in her statement, “Why are we ok with this?”

 

“Complacency is killing us.”

 

Safety advocates point to the continuing rise in the number of deaths as a percentage of miles driven as proof that distracted driving – particularly texting and drug and alcohol use – as proof that too many people take the danger of driving for granted.

 

To read the entire article regarding the National Safety Council’s press release, go to: https://www.nytimes.com/2017/02/15/business/highway-traffic-safety.html?_r=0

 

If you are injured in an auto accident because the other driver was impaired by drugs or alcohol, or distracted by texting while driving or some other cause, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

 

At Slinkman, Slinkman, & Wynne, we know that motor vehicle accidents are happening at an increased rate. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

 

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Motorcycle Accidents, Boating Accidents and many other types of legal situations where injury or death has occurred.

President Trump nominated Circuit Court Judge Neil Gorsuch to be the next U.S. Supreme Court Justice. What could the effects be on personal injury (tort) law in the future?

OLYMPUS DIGITAL CAMERA

The views of Judge Neil Gorsuch, President Donald Trump’s nominee to the open seat on the United States Supreme Court, are so far falling strongly upon party lines. The Republicans are trumpeting Judge Gorsuch’s record, experience and education while the Democrats are saying that he does not have the experience needed to fill the empty seat left in the wake of Justice Antonin Scalia’s passing last February. The Democrats are also saying that the Judge is too conservative, using his briefs in the few cases he has had published as proof that he is ultra conservative and a potential threat to a number of Liberal causes, including Roe vs. Wade and universal healthcare.

 

Furthermore, the Democratic leadership in the Senate has verbalized its belief that this seat has been “stolen” by the Republicans for not allowing President Obama’s attempt to appoint Judge Merrick Garland to the U.S. Supreme Court upon Justice Scalia’s death a year ago. There is little doubt that leading Democrats will push Judge Gorsuch very hard during his vetting hearing.

 

What does all this mean for you? Not all that much – yet. Even if Judge Gorsuch is able to win the nomination through the vote in the U.S. Senate after his vetting process (no sure thing at this time), he is still in effect replacing a Judge cut from a very similar conservative cloth. So, in effect the balance of the United State Supreme Court will be the same as it was when Judge Scalia occupied that seat.

 

As we mentioned in our recent blog regarding this open Supreme Court seat before we even knew that Judge Gorsuch would be President Trump’s nominee, replacing Justice Scalia with a Judge who is similarly conservative will keep the balance between liberal and conservative judges on the Supreme Court the same as before. The real effect on that balance will come if one of the liberal Justices, such as Justice Ginsberg or Justice Kennedy, step aside or die during Donald Trump’s presidency.

 

Adding one more conservative judge to the Supreme Court in addition to Judge Gorsuch could have a significant effect on that current balance. That could cause the court to take on a much more conservative tone moving forward. That is the time we all have to watch for.

 

At Slinkman, Slinkman & Wynne P.A. we believe it is important for all Jupiter, Palm Beach Gardens, West Palm Beach, Tequesta, Stuart and all south Florida families to discuss the effect that changes in the makeup of our nation’s Supreme Court could have on future legal cases.

 

If you or someone you love have been in an accident, suffered from medical malpractice or been injured or killed from a slip and fall accident or defective product you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until a satisfactory resolution has been reached.

 

With over four decades of experience, that firm in south Florida is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. We offer a free initial consultation to review your case.