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Case Results

Brian L. Elstein's experience defending personal injury claims has proven to be an invaluable asset by gaining a first-hand understanding of how insurance companies and large self-insured corporations defend and litigate claims.
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$12,250,000.00 Settlement

Client was shot numerous times during a robbery. A negligent security action was filed and a confidential settlement was reached on behalf of the victim, who was rendered a paraplegic as a result of the shooting.

$7,900,000.00 Settlement

Car accident resulting in wrongful death.

$4,000,000.00 Settlement

Confidential Settlement on behalf of Hollywood film producer.

$2,500,000.00 Settlement

Confidential settlement for victim of sexual assault.

$2,000,000.00 Settlement

Confidential medical malpractice settlement involving the failure to diagnose and treat a stroke victim.

$1,000,000.00 Settlement

A settlement for a motor vehicle accident caused by a negligent Lyft driver. Lyft offered $300,000.00 pre-suit and tendered their $1,000,000.00 policy four months after filing a lawsuit.

$1,000,000.00 Settlement

Client was rear-ended and underwent surgery to repair torn ligaments in the shoulder. Following the surgery, the Client developed an auto-immune disorder that was attributable to the motor vehicle accident.

$1,000,000.00 Settlement

Client was struck by a motor vehicle as a pedestrian and sustained significant injuries to the left arm requiring surgery.

$1,000,000.00 Settlement

Confidential settlement for injuries sustained at an amusement park.

$950,000.00 Settlement

Client sustained a neck injury after being rear-ended by a semi-truck.

$900,000.00 Settlement

Client fell in a hole at a construction site and sustained serious foot and ankle injuries requiring multiple surgeries.

$850,000.00 Settlement

Client was rear-ended and sustained neck injuries. The Defendant claimed the minimal impact could not have caused the alleged injuries. The Client’s medical experts related the neck injury to the light-impact automobile accident.

$725,000.00 Settlement

A combined settlement for two young car accident victims suffering spinal injuries requiring surgery.

$700,000.00 Settlement

Client sustained neck injury after tripping on an exposed nail at an apartment complex .

$675,000.00 Settlement

Confidential settlement after a delivery driver ran in front of client causing client to fall from his bicycle and sustain neck injuries.

$570,000.00 Settlement

Confidential settlement on behalf of a driver and passenger involved in a T-bone collision after a careless driver ran a red light. $145,000.00 was offered by the insurance company pre-suit and Elstein Legal recovered $570,000.00 after filing a lawsuit.

$500,000.00 Settlement

Policy limits tender on behalf of two Clients involved in a car accident. The insurance company offered less than $100,000.00 globally before the lawsuit was filed.

$475,000.00 Settlement

Medical Malpractice lawsuit against a hospital and multiple physicians for their failure to diagnose and properly treat an ankle wound requiring surgery.

$450,000.00 Settlement

Client injured both knees after slipping on water at a discount store.

$425,000.00 Settlement

Client underwent an ACL reconstruction surgery after being struck from behind by a negligent forklift operator.

$400,000.00 Settlement

A wrongful death claim for nursing home negligence brought by the family of an elderly woman who passed away after developing sepsis as a result of a perforated colon.

$385,000.00 Settlement

A settlement for a motor vehicle accident resulting in multiple leg injuries. The accident was cause by the negligent design of a parking lot located at Trump National Doral. The client previously made a significant recovery with a prior attorney from his uninsured motorist coverage benefits.

$300,000.00 Settlement

A land dispute case with partition, tortious interference and fraud claims against a common owner of commercial property.

$275,000.00 Settlement

A medical negligence case against a physician that misdiagnosed a vertebral fracture.

$260,000.00 Settlement

The client sustained Injuries to his neck after a large commercial patio umbrella fell on him at a Miami Beach Resort.

$250,000.00 Settlement

The client sustained an ankle injury at work due to a negligent forklift operator in a warehouse accident.

$250,000.00 Settlement

A legal malpractice lawsuit against client's former attorney, who mishandled a criminal medicare fraud investigation against the client.

$240,000.00 Settlement

Client sustained a torn meniscus as a result of an automobile accident, which required surgery. The insurance company’s highest offer before Elstein legal took over representation was $35,000.00 and Elstein legal resolved the case for $240,000.00 less than two months after taking over the case.

$222,500.00 Settlement

A prior law firm offered this car accident victim $120,000.00. After taking over the case and filing a lawsuit, the insurance paid an additional $102,500.00 to settle the claim.

$175,000.00 Settlement

The client sustained a wrist injury due to an automobile accident, which required a surgery with hardware.

$150,000.00 Settlement

A client suffered an acute lateral meniscus tear in his knee from an automobile accident. When Elstein Legal took over representation for this case the insurance company’s highest offer was $20,000.00.

$150,000.00 Settlement

Confidential settlement reached on behalf of a minor that sustained injuries as a result of medical malpractice.

$149,473.15 Settlement

A life insurance dispute wherein the policy holder was unduly influenced into changing the beneficiary names on the eve of his death.

$122,000.00 Settlement

A trip and fall incident against a condominium association for its failure to maintain a fence, which caught the client’s sandal causing her to fall and injure her hand.

$110,000.00 Settlement

A 20 year old client fractured a vertebra in her spine after a t-bone collision. The insurance company denied liability for the claim and Elstein Legal recovered the policy limits of $100,000.00 and $10,000.00 after filing a lawsuit.

$100,000.00 Settlement

A 19 year old client was injured in automobile accident and sustained a disc herniation in his neck. The insurance company offered $13,780.00 to settlement his claim and Elstein Legal recovered the policy limits of $100,000.00.

$100,000.00 Settlement

Insurance policy limits tender for an Elderly Client who was struck by another vehicle in a shopping center.

$95,000.00 Settlement

The client was injured as a result of automobile negligence.

$90,000.00 Settlement

A confidential medical negligence case.

$90,000.00 Settlement

An elderly client injured her hip after falling on a cracked sidewalk. The insurance company denied liability for the claim and Elstein Legal recovered the $90,000.00 for the client after filing a lawsuit.

$75,000.00 Settlement

A homeless woman injured her ankle after a Miami bridge operator opened the bridge while she was traversing over it. The client was hanging on for dear life, but ultimately she fell tens of feet to the pavement, resulting in a broken ankle. The firm resolved this matter quickly as the client was homeless at the time and needed settlement proceeds to find shelter and lead a better life. 

$75,000.00 Settlement

The client injured his finger due to a motor vehicle accident. The injury required a minor surgical procedure. 

$75,000.00 Settlement

The client suffered 6 fractured teeth as a result of a car accident due to another driver’s negligence. 

$65,000.00 Settlement

A slip and fall injury occurred at Walt Disney World when the client attempted to get onto one of the Disney rides. The theme park had recently hosed down in that area and failed to warn the client that the floor was wet and slippery.

$65,000.00 Settlement

An elderly man was injured after falling out of his wheelchair at Baptist hospital. His wife was wheeling him through the hospital parking garage when one of the wheels of the wheelchair got stuck in a parking garage joint, causing the client to fall and break his collarbone.

$62,500.00 Settlement

The client was injured at a resort after falling through a poorly maintained patio lounge chair. This resulted in the client sustaining a partial rotator cuff tear that required surgery.

Case Results>

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West Palm Beach Pedestrian Accident Resources> Pedestrian Accidents: Determining Fault in West Palm Beach > Proving Negligence after a West Palm Beach Pedestrian Accident> Why Choose Elstein Legal?>

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Brian Elstein is committed to protecting the rights of injured victims and their families. Don’t let medical bills, lost wages, and other expenses put a burden on your family.

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Millions in Verdicts & Settlements

West Palm Beach Pedestrian Accident Resources

The state of Florida is notorious for its high rate of pedestrian road injuries and fatalities. According to a Florida Highway Safety and Motor Vehicles survey, Palm Beach County experienced 519 pedestrian accident injuries and 42 fatalities in 2018 alone. If you or a loved one has been injured in a road accident as a pedestrian, then the law can be on your side. Contact our Elstein Legal team today to schedule a free consultation of your case.

Pedestrian Accidents: Determining Fault in West Palm Beach 

Despite what many people think, drivers are not always responsible in cases of pedestrian accidents. If a pedestrian tries to cross the street when they do not have the right of way, a court may rule that they were at fault for the accident, not the driver. For example, if a pedestrian crosses the street when they were not supposed to and gets hit, the driver may not be considered at fault and would not be held responsible. So the question comes down to who was at fault for the pedestrian accident. 

In Florida, determining fault in a pedestrian accident is based on what is called comparative negligence legislature. According to comparative negligence laws, two people can both be at fault for an accident. Still, one might be entitled to damages because they were less responsible than the other party. The amount the injured party might receive is lessened the more responsibility they bear for the situation. 

In general legal terms, “negligence” means acting in a manner that a reasonable person would not, given the same circumstances. It’s kind of like a fancy legal term for “carelessness.”

Proving Negligence after a West Palm Beach Pedestrian Accident

In order to prove negligence, the plaintiff must determine four key things:

  • It must be established that the offending party must have a reasonable duty of care. For example, everyone has a reasonable duty of care to follow all applicable laws on the road.
  • There was a breach in that duty of care. So if a driver failed to stop at a stop sign or red light, that would constitute a breach. 
  • Causation must be established. It is not enough that the driver breached their duty of care. It must be shown that the breach is what caused the accident in question. 

There also must be what is called real damages. In Florida, these include lost wages, medical expenses, and any other outstanding debts due to the accident.

If these four things are shown, then negligence can be claimed, and the injured party might be entitled to damages pursuant to comparative negligence laws. When it comes to pedestrian accident cases, you or your loved one might be entitled to compensation if it can be proven that the driver either intentionally caused your injury or that they acted negligently and caused your injury.

Why Choose Elstein Legal?

If you have been involved in a pedestrian accident, you need experienced legal representation. Call Elstein Legal today at (305) 299-2835 to receive a free consultation on your case. 

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