David R. Heil P.A.

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Warning Signs That an Attorney is Inexperienced

November 27, 2017 by David R. Heil, PA

Not Every Personal Injury Attorney in Orlando is the Same

You have been injured, and you decide to consult with an Orlando personal injury attorney. How can you be sure that the lawyer you hire is best suited for your needs? A poor choice of an attorney may drastically affect the outcome of your claim. Watch for these common warning signs of an inexperienced lawyer.

Upfront Fees

For many cases, a personal injury attorney in Orlando will operate on a contingency fee basis, meaning that his or her earnings are dependent on his or her ability to earn a monetary reward for the client. An inexperienced attorney may lack the confidence and skills to guarantee a successful case. If your Orlando personal injury lawyer requires an upfront fee regardless of the outcome, it may be a sign that you are not in capable hands. This is not to say that consultation fees or other charges are necessarily a bad sign, but a competent lawyer is able to operate successfully on a contingency fee basis. 

Difficult Communication

Personal injury law is a difficult and complex area that covers a variety of crucial details. In order for your claim to be thoroughly and competently handled, reliable communication must be part of the process. Be wary of any Orlando personal injury lawyer that seems unable to provide any clear answers to anything. While the expected results of any case can never be exact, a knowledgeable attorney should be able to provide a reasonable timeframe and expectation. If you find it difficult to communicate regularly with your representing personal injury attorney in Orlando, consider seeking counsel from someone more dependable than that.

Vague promises are precarious, but you must also be aware of lawyers guaranteeing top dollar results. A grandiose sales pitch can indicate a number of flaws from boasting to violating ethics. Your Orlando personal injury lawyer should be committed to earning you fair and professional compensation.

Jack of All Trades

Always look for an Orlando accident attorney that specializes in personal injury law with notable experience in your specific type of case. Many lawyers operate under an umbrella of practice areas including divorce, criminal law, real estate, or more. For best results, your case demands representation with the foremost available firsthand knowledge of the subject. Attorneys that specialize expressly in personal injury may be best equipped to yield you the best possible results. After all, the jack of all trades is the master of none.

No Trial

Taking your case to court is not often the best choice, but it may become necessary for any number of reasons. An inexperienced Orlando personal injury attorney may insist on accepting a low settlement in order to avoid the strain of a trial. Your lawyer should be able to provide you with detailed pros and cons when considering between settlement or trial. For most cases, a settlement is the wiser option, but an experienced attorney is prepared to handle either outcome. 

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How Best To Prepare For A Personal Injury Trial

November 15, 2017 by David R. Heil, PA

OrlandoEvery Case Demands a Respectful Attitude

Any experienced personal injury attorney in Orlando or Melbourne Florida will frequently recommend a reasonable settlement before taking a personal injury claim to court. However, many cases exist where a trial simply cannot be fairly avoided. Preparations for the court are just as important to the client as they are for your Orlando or Melbourne Florida accident attorney. If you are required to testify your complaint before a judge or jury, you will need your appearance in court to reflect favorably on your case. Studies across the country have revealed that jurors who feel unsympathetic towards the plaintiff are less likely to rule in favor of a maximum recovery. If you have an impending trial scheduled in the near future, remember these important facts about proper courtroom etiquette.

Remain Open and Honest

Always speak clearly and concisely, and avoid mumbling or shouting your answers. Fidgeting and other common signs of discomfort are often misread as signs of dishonesty that can hurt the results of your case. Your Melbourne or Orlando personal injury attorney will encourage you to answer all questions directly so that you can explain your situation in no uncertain terms. After all, if you are a victim of personal injury, you have every right to demand fair compensation. Be direct, but always polite. A person who appears argumentative or immature will quickly be deemed unsuitable for court.

Above all, always be entirely truthful. Even if you must admit error on your own part, Florida laws concerning comparative negligence can still hold other parties at least partially responsible for your injuries. Share every detail with your Orlando personal injury lawyer, so that he or she can build a dependable case in your favor. If you are proven to be dishonest in even the smallest way, your entire testimony will come under an immovable cloud of doubt.

Be Well Groomed

You would never show up for a job interview or the first date look shabby or unkempt, and your appearance in court is every bit as important. A knowledgeable Melbourne or Orlando personal injury lawyer will encourage you to appear to the jury as a social peer, not a social parasite. Appearing clean, fresh and professional will add to your confidence and help eliminate the stigma that many liability claims are “frivolous”.   

Remember to be well groomed, but not over-dressed. Anything flashy or tacky in your appearance or behavior will be a distraction from the real issue. Poor choice in appearance shows a lack of seriousness, maturity, and humility.

Communicate Regularly with Your Orlando or Melbourne Accident Attorney

Always begin your personal injury claim with a clear understanding of what to expect and how to behave. If you need to consult with your Orlando or Melbourne personal injury attorney about what sort of questions to expect and how best to answer them, this preparation is absolutely reasonable. Many clients that are uncomfortable with public speaking find that they need to practice or prepare statements in order to be clearly understood.  A respectable personal injury lawyer in Orlando or Melbourne is accustomed and comfortable in a courtroom, but some clients are unprepared and somewhat intimidated by formal legal situations. Have a plan, so you can continue your claim with confidence and professionalism.

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Boating Accidents and Negligence

November 2, 2017 by David R. Heil, PA

Crucial Factors of Boat Safety and Responsibility

Every year, the state of Florida reports the highest numbers of boating accidents, with tragically high numbers involving death or severe long-term injuries. Miles of beautiful coastline and inviting waters create an ideal spot for locals and tourists to enjoy breathtaking scenery, but without responsible attention, innocent people can fall victim to negligent accidents. Many experienced personal injury attorneys in Orlando are familiar with the shocking results of boating accidents.

Boating accidents are often responsible for many of the following injuries and more:

  • Drowning
  • Head Trauma
  • Electrocution
  • Lacerations
  • Spine and Neck Injuries

Sadly, many of these harmful incidents are the result of reckless and negligent behavior. Victims of such accidents may rely on the assistance of an Orlando personal injury attorney to ensure that their injuries are fairly compensated. Local and state laws and regulations specifically address the prevention of boating injuries. Many knowledgeable boaters will complete appropriate training and create a “float plan” before taking passengers out on the water. If for some reason, such precautions are not followed, then you may require the aid of an Orlando accident attorney.

3 Main Causes of Boating Accidents

1. Negligent Operation

Be prepared to contact an Orlando personal injury attorney if you were harmed by the errors of an inept boater. Most boating accidents occur late in the day, caused by hapless operators of such vehicles that are simply too fatigued, inexperienced, or unable to make competent decisions. Alcohol is a contributing factor in over a tenth of boating accidents and injuries. You would never operate a car if you were unqualified to do so, and operating a boat is no less dangerous.

2. Capsizing

A capsized or overturned boat can result in serious injuries and even death as passengers are thrown from the vessel or trapped beneath it. The most common cause of capsizing is improper loading and unloading that can cause the boat to be too heavily weighed down in one area. Capsizing can also occur when a boat is improperly anchoring to the stern. Boats are designed to cut through the water with the bow, and an incorrectly placed anchor will allow waves to overtake the vessel. An experienced Orlando personal injury lawyer will be showing culpability when a boat is unexpectedly capsized like this. Any experienced boater should be trained and knowledgeable in proper procedures to prevent incidents like these and ignorance is no excuse for such negligence.

3. Failure to Recognize Foul Weather

Weather in Florida may often seem sometimes unpredictable to those not watching closely, but anyone about to take to the water knows to keep watch for potential warning signs. TV, radio, and internet reports are always readily available, so there is little to no reason to be entirely unprepared for major storms. Furthermore, experienced boaters should all be familiar with telltale signs of cloud formations and weather conditions to predict oncoming weather problems.  Contact an Orlando accident attorney if you or a loved one is harmed at sea amidst foul weather.

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How to Stay Safe During Halloween

October 27, 2017 by David R. Heil, PA

That Costume May Become Scarier Than You Think

Although the holidays of Christmas and Thanksgiving hold the highest numbers of fatalities and injuries, the impending Halloween season is still high ranking in reported visits to the emergency room that may require the help of an Orlando or Melbourne Personal Injury Attorney in recovering damages. Days marked with festivity and celebration are often distracting enough, but the added excitement of unexpected scares and higher numbers of families and children roaming neighborhoods in the dark only add to the risk of serious injury. You may want to consult with an experienced personal injury attorney in Orlando if you are injured and remember this checklist of common Halloween safety topics; so that your families trick-or-treat experience stays sweet.

Pick a Safe Costume

Many Halloween claims seen by a personal injury attorney in Orlando or Melbourne, Florida, involve people tripping and falling. Such falls are caused either by masks that block the wearer’s view or awkward costume pieces that make it difficult to walk. Whether store-bought or homemade, an elaborate costume can prove impractical if you do not think ahead.

Always conduct research on the latest recalls before you shop for costumes. Traces of lead and other irritants have been found in merchandise that can pose a serious and immediate threat to the wearer. Speak to an Orlando personal injury lawyer if a defective product causes harm to anyone in your family.

Pick a Visible Costume

Your Orlando or Melbourne personal injury attorney will assure you that trick-or-treaters need to see in their costumes as well as be seen in their costumes. Drunk driving incidents involving pedestrians and children are one of the leading causes of emergency room visits on this day. Even without alcohol, it can be difficult for drivers to spot small figures that rush across the street to the next house. Use reflective tape, glow sticks, or flashlights to make certain that everyone in your party is clearly visible.

Use Safe Props

Plastic swords, knives, and other fun toys can be dangerous if easily broken or improperly used. Stick to soft foam props and avoid using anything that may become lodged in someone’s eye or clamped on a finger. Most importantly, be wary of poorly manufactured items that can unexpectedly yield a sharp edge or drop broken pieces. Any sort defective product claim will require the assistance of a qualified Orlando personal injury lawyer.

Avoid Open Candles

Jack-o-lanterns and ambient candlelight are a delightful part of the Halloween season but still one of the most common causes of serious injury. Check costume labels for materials that are fire resistant and be careful on walkways and doorsteps that may be decorated with open flames. Costumes that include hairspray, gauzy material, or cotton can become quickly engulfed with only a flicker of candlelight.

Do you coat your front yard with cotton spider webs every year or decorate with DIY crepe flowers? Many popular traditions are available in fire-resistant synthetics, but always check the label to know for sure.   

Watch for Pets

A familiar household pet may be quite comfortable around visitors and neighborhood children, but an assortment of monster masks, fog machines, and spooky sounds can be very frightening for animal members of the house that unable to understand what is happening. You may be in need of Orlando or Melbourne accident attorney if the neighbor’s dog mistakes your trick-or-treaters for something dangerous. Keep your pets locked away and always make sure an animal fully recognizes you before you approach it. 

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Pharmacy Negligence: When Medication Fails

October 5, 2017 by David R. Heil, PA

What is Pharmacy Negligence?

There exists an easily overlooked form of medical malpractice wherein a patient is injured due to the irresponsible behavior of the pharmacist. Pharmacy employees have a legal responsibility to protect patients and administer the correct medication with accuracy and professionalism. To a layman, sorting through pills with complicated names and various prescriptions and dosages is easily overwhelming, but a trained professional should be confident and above all competent in his work. Pharmacy errors are entirely too dangerous to be taken lightly. Contact a personal injury attorney in Orlando immediately if you or a loved one suffers illness or wrongful death for any of these inexcusable reasons.

Incorrect Medication

A recent 10-year study revealed that over 75 percent of medical malpractice injuries were caused by incorrect medication, either the wrong type or dosage. Even if there is a misprint on a label or prescription, it is the moral and legal duty of the pharmacist to recognize potential errors and contact the physician to confirm. The most common pharmacy errors occur when medications have similar sounding names, but any experienced pharmacist should be able to notice such a crucial difference. Whether a reasonable dosage should consist of .25 milligrams or 25 milligrams is the type of thing no qualified pharmacist would easily overlook. For many cases involving medical malpractice of this kind, an Orlando personal injury attorney will show evidence of dangerous negligence on the part of the pharmaceutical staff.

A failure to apply the correct directions to a prescription is another equally common and dangerous cause of pharmacy error. Your pharmacist should be verifying that everything attached to your prescriptions matches the electronic files and your doctor’s specific orders.   

Failure to Understanding Medical History

Always speak to an Orlando personal injury lawyer if your prescriptions were filled without regard to your current medical history. Prescriptions that can possibly counteract with one another can result in side effects, worsening of symptoms, or even create new ailments that exacerbate a patient’s situation. It is the duty of the pharmacist to recognize potential warning signs, report concerns to doctors, and inform patients of potential side effects.   Particularly when severely ailing patients have medications from separate doctors, it is crucial that every prescription be thoroughly compared. An unexpected side effect of high blood pressure, nausea, or increased heart rate could prove fatal in the worse circumstances.  Furthermore, a pharmacist should always take time to review your prescriptions and notify you of important directions, potential side effects, and need-to-know checks.

Screening Prescriptions

The same patient bringing in multiple prescriptions from various doctors or requesting additional refills is often a clear sign of abuse and addiction. Your pharmacist, as well as your Orlando personal injury attorney, understands that Opioid addictions that are increasingly common in America frequently begin with patients who do not realize that the medication is highly addictive. Your pharmacist is responsible for ensuring that you fully comprehend the scope and potency of your medications, and professional pharmacists should be able to spot red flags that put you and your loved ones at risk.    

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David R. Heil P.A.

David R Heil, P.A.I am a trial attorney with over 35 years of experience in civil trial law. Your case will not be handled by an investigator, paralegal or case manager. I will personally meet with you to discuss your case at one of my offices, the hospital or your home. Legal information is available.

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The hiring of a personal injury lawyer is an important decision and should not be based solely upon advertisements. Before you decide, ask me to send you free written information about my qualifications and experience.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Similar successful monetary results may not be seen by all clients seeking representation from Heil Law for accident or injury claims as each case is different. These results also reflect amounts awarded prior to deductions for attorney's fees, medical bills, and other court costs.

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