If you have been damaged by someone else’s action, you need to look into whether to make a claim. In South Florida, the right attorney for you may be Morgan Jaye McGrath, a personal injury lawyer in Stuart.
McGrath, a partner at The Berman Law Group, is an experienced wrongful death and personal injury lawyer for Stuart and South Florida. The group has a track record of success, having settled $300 million in cases for its clients.
She and her team stand ready to help you if you or a loved one have been hurt, by aggressively fighting for your rights.
“I was seriously injured in a slip and fall in a very well-known and large department store in the mall. Morgan McGrath was tireless in her efforts to get me the maximum settlement I had coming. I am lucky and proud to call her my attorney,” says Bradley D.
Definition of Personal Injury Suits & Causes
Though injuries like the ones Bradley D suffered are common causes of personal injury cases, they aren’t the only ones.
Personal injury law covers situations in which a person’s body, mind or emotions are hurt, usually as a result of someone else’s actions or negligence. Most cases arise from negligence when a person fails to meet his or her legal duty of care and injury results. A personal injury lawsuit claims the defendant caused the plaintiff’s injury and demands compensation, known as damages. To win such a case, according to McGrath’s website, the plaintiff must prove:
- The defendant(s) had a duty of care toward the plaintiff
- The defendant(s) breached that duty or failed to live up to it
- The defendant(s) breach caused the plaintiff’s injuries
- The plaintiff has suffered damages as a result
A list on McGrath’s website of causes for personal injury suits includes:
- Car accidents, including accidents with motorcycles, large trucks, or pedestrians
- Consumer product liability cases, including defective products, medications, and recalled products
- Injuries caused by animals, such as dog bites, snake bites etc.
- Injuries from ultrahazardous activities, like the use of chemicals or explosives
- Slip and fall injuries and other premises liability cases
- Injuries to reputation caused by defamation or injuries to mental and emotional health caused by intentional infliction of emotional distress or caused by a physical injury
Picking the Right Personal Injury Lawyer
The personal injury lawyer from Stuart meets the criteria advisors set out for picking a lawyer to represent you. Some of the things you should look for in a personal lawyer include.
- Experience: There’s no substitute for the wisdom gained from experience. “Hiring a personal injury lawyer without experience may mean that you are rolling the dice and taking a chance you simply shouldn’t be taking. So, before hiring an attorney, ask them about similar cases they’ve handled, their success rates and whether they are prepared to take the case to trial if needed,” writes the staff at FreeAdvice. The staff at HG Org. agrees, writing, “Getting a lawyer with a track record of successful negotiations and trials is vital. A well-established top personal injury lawyer will be able to efficiently initiate investigations, secure evidence, locate witnesses, file documents, and keep your case moving toward a favorable verdict.”
- Focus: The law is complex and that applies to personal injury. So be sure to get someone whose expertise is in personal injury. “A personal injury lawyer has unique skills when it comes to determining issues of liability such as negligence and causation – and is probably better equipped when it comes to accurately value the compensation for which you are entitled. Approximately 95% of personal injury lawsuits settle before trial, so knowing how to negotiate a fair and reasonable settlement is important as many factors are involved. This is definitely not the time to use your Uncle Saul the real estate lawyer – no matter how nice he might be,” according to FreeAdvice. Joseph Weinberger, writing on LinkedIn, agrees. “If an attorney is dedicated to the representation of injured victims he or she will have very little time for anything else. The quest for justice for injured people is time-consuming. Dealing with other areas of the law and being knowledgeable about each individual area is exhausting. I would rather be great at one thing than good at many. When it comes to my attorney, I want him to be great at my case and care less about anything else,” he writes.
- Command the courtroom: While many cases end in a settlement, there are cases that go to trial. You want someone capable of going to bat for you when the chips are down. “Trial attorneys are only as good as their ability to actually try a case. Before you hire an accident attorney, ask about their successes and failures. Find out how they try cases and what their philosophy is. Determine if the attorney is familiar with the court system,” writes Joseph Weinberger on LinkedIn. FreeAdvice points out that with courtroom command and other markers of success comes reputation that can help that lawyer’s clients. “An attorney’s reputation provides that added value as it will precede him or her – not only from a plaintiff’s perspective but from the defendant’s perspective and the court’s perspective for handling cases and doing things the right way. It puts a client in the best situation to recover as much as they deserve as a result of what happened to them.”
- Personality: Do you get along with your personal injury lawyer? You should. “Often the most overlooked factor in hiring an attorney is personality. While you may not be discussing your case together over dinner every night, when you’ve been injured the last thing you need is an attorney who is not going to be there for you to ask questions, give you a status on your case or return your calls in a reasonable time,” writes FreeAdvice. “Hiring a personal injury attorney to assist you with an insurance claim or lawsuit can go a long way towards getting the money you deserve. As you go through the hiring process, remember, you do not need to rush.”