Sean M. ClearyOver15 years of experience

Where do personal

injuries occur

Personal injuryexplained

PersonalinjurycompensationWho may be entitledto a personal injury compensation

Wrongful deathfacts and statisticsin the United States

What is a personalinjury lawyer

Personal Injury Legal NewsletterIssue 6 04.30.2013

Largest personal injuryverdicts and settlements

in the United States

PERSONAL INJURY ATTORNEY

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Depending on the negligence of the responsible party, personal injury victims are entitled to monetary compensation obtained through settlement or judgment. Recoverable damages include economic and non-economic loses, from medical expenses to lost income, property damage and pain and suffering. Personal injury claims are subjects to a specific statute of limitation, established by the legislation of each state. Time limitation ranges from 6 months to 4 years following the injury, depending on the state where the injury occured, the type of injury and the entity that is being held liable.

ersonal injury is a legal term defining the physical and emotional injuries a person can sustain as a result of another individual’s negligence. Damages include bodily injury, intentional infliction of emotional distress and negligent infliction of emotional distress. The most common types of personal injuries are the result of traffic accidents, slip and fall incidents, physical assaults and home and holyday accidents.P

Introduction

Personal injury claims can result in two major types of damages: compensatory and punitive. Compensatory damagesMonetary compensation includes special and general damages, special ones referring to the measurable costs of the accident. This type of compensation was designed to cover the following losses caused by the injury:•• medical expenses • lost income• property damage• pain and suffering • loss of consortium• emotional distress ProperlyProperly translating all these elements into a monetary amount requires not just considerable experience and skills but also close collaboration between the personal injury attorney and medical and financial experts.PlantiPlantiffs will benefit from the actual payment either as the result of a settlement or a judgment from a trial. Usually payments are made according to a plan over a period of time, to fit the defendant’s paying ability. Of course in the unfortunate event of the defendant having no assets and no insurance coverage, plaintiffs might be unable to collect even with a favorable judgment.Punitive damagesPunitive damagesPunitivePunitive damages or exemplary damages are awarded less often and only in cases where the defendant acted in a manner definable as gross negligence or when there is evidence of intent to harm. Their purpose is to ensure the defendant and others will not act in a similar manner in the future. Although punitive damages are not meant to compensate the plaintiff, he or she usually receives this amountamount as well. According to official statistics punitive damages are awarded only in two percent of the civil cases that go to trial. Although there is no maximum amount of punitive damages a defendant might be ordered to pay for a verdict, to be considered constitutional, the ratio between punitive and compensatory damages should not be higher than 4:1.

efore filling a personal injury lawsuit, plaintiffs should be informed about the amount and types of compensation they are entitled to be awarded. B

Personal injury compensation

Personal injuries can occur virtually anywhere, anytime, in the apparent safety of your home, at work or even on your dream vacation. Defective products are likely to cause personal injuries in a household, wet floor or improper lighting can result in a slip and fall incident just as well in a parking lot as inside a supermarket and physical assaults can occur almost everywhere from a dark alley in park to a cabin aboard a luxurious cruise ship.luxurious cruise ship.

However some locations tend to be more dangerous than others. The majority of severe personal injuries occur on public roads due to traffic accidents, on waterways due to boating accidents, on construction sites, factories or oil platforms due to work related accidents, but also while in vacation in various resorts.

All personal injury victims are advised to file an accident report, to document the circumstances of the accident, as well as the extent of their injuries, to obtain contact details of potential witnesses and copies of their medical reports but also to avoid admitting guilt or signing any early agreements with insurance companies without talking to an experienced personal injury attorney.

another person, company or government agency. Personal injury lawyers are licensed to handle almost all types of cases however most of them resume to the area of tort law including civil litigations related to:• traffic accidents• workplace accidents • defective products•• medical negligence • slip and fall cases TheThe term “trial attorneys” often refers to personal injury lawyers although the majority of personal injury cases end with a settlement and not a trial. In order to be licensed to practice law, these attorneys have to have a four-year college degree and a law degree from an accredited law school and to pass a written bar examination. Personal injury lawyers often concentrate their practice to a limited area of cases, which allowsallows them to acquire in depth specific knowledge. Experienced personal injury attorneys can help their clients obtain monetary compensation for their various economic and non-economic losses sustained from another party’s negligence or miconduct.

ersonal injury lawyers are specialists who provide legal representation for those who sustained physical or psychological injuries resulted from the negligence ofP

Where do personal injuries occur?Personal injury lawyers

Call: 305.416.9805THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

WWW.CLEARYPA.COM

Protecting the rights of injured victims and their families

Personal injury largestverdicts and settlements

he amount of compensation personal injury victims can receive varies greatly from couple of thousands to several million dollars. The largest personal injuryT

compensation in the U.S. history was awarded by a jury in Los Angeles Supreme Court in 1999. General Motors Corp. had to pay the amount of $4.9 billion to plaintiff Patricia Anderson and her four children, who were severely injured in a car accident resulting from the gas tank explosion of their 1979 Chevy Malibu vehicle. The amount was characterized by GM as outrages but it set up a new trend in personal injury compensations.compensations. By 2011 the largest personal injury award reached the incredible amount of $150 billion in punitive damages to the parents and estate of Robert Ray Middleton from Texas. Some of the highest personal injury verdicts from 2012 include:• $716,500,000 for wrongful death resulting from a car accident caused by a teenager who was drunk driving compensation awarded by a Florida jury• $200,000,000 for the wrongful death of a women occurred in a nursing home operated by Trans Health Management - compensation awarded by a Florida jury•• $179,700,000 for severe burn injuries sustained by four employees of ConAgra Foods while at work• $178,000,000 for weight loss surgery error that left the patient paralyzed- compensation awarded by Florida jury• $167,700,000 for sexual harassment suffered by a cardiac surgery physician assistant

sisters. They can receive damages including:• The value of lost support and services• Lost income• Loss of companionship and protection•• Mental pain and suffering• Medical and funeral expensesInIn order to be eligible for compensation the wrongful death claim has to be filled within two years after the death by the legal representative of the deceased. Monetary compensation is

awarded individually to each surviving family member according to their particular relationship with the deceased.

Wrongful death is a legal term defining the killing of a person as a result of another person’s negligent or willful act. According to Florida law, surviving family members of such victims are entitled to receive monetary compensation for their losses. Just like in any other personal injury case, damages include both compensatory and punitive awards. The Florida Wrongful Death Act defines survivors who are entitled to file a wrongful death lawsuit as the decedentwrongful death lawsuit as the decedent’s spouse, children,parents, any blood relatives and adoptive brothers and

Compensation for wrongful death

THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

WWW.CLEARYPA.COM

Call: 305.416.9805

that about 5000 emergency room visits per year are caused by amusement park rides and many of these injuries results in death•• Every year about 1000 children die in swimming related accidents and another 6000 receive emergency room care•• Medical malpractice is one of the most common causes of wrongful deaths, resulting in around 98,000 fatalities each year• On average 6 million vehicle collisions take place across the U.S. each year, resulting in around

40,000 fatalities, many of the victims being pedestrians in urban areas

• Young drivers are 4 times more likely to die in a car accident than middle age drivers• 40% of car accident fatalities are related to DUI, 30% to speeding and about 30% to a car going off the road • About 4000 people die every year from Mesothelioma, a rare cancer caused by asbestos exposure•• About 200.000 Americans die every year from prescription drugs reactions• With a percentage as high as 15%, slip and fall accidents are the second major cause of wrongful death • There are more fatalities caused by falls than any other construction site activity•• More than 80% of motorcycle accidents result in injury or death according to the United States Census Bureau• The Consumer Protection Safety Commission estimates

Wrongful deathfacts and statisticsin the United States

Miami personal injury attorney Sean M. Cleary also

reached some significant verdicts and settlements for

his injured clients, including million and multi-million

dollar settlements for significant personal injuries

sustained at an Indian Casino, for injuries resulting

from medical malpractice and for aviation accidents.

Due to these successful verdicts and settlements in

MarchMarch 2013 Mr. Cleary has been certified as a life

member of the Million Dollar Advocates Forum and

the Multi-Million Dollar Advocates Forum, a

selective organization incorporating only top lawyers,

less than one percent of all U.S. attorneys.

ASK SEAN A QUESTIONGET IMMEDIATE LEGAL HELP FROM A LAWYER!

CALL NOW 305.416.9805FREE INITIAL CONSULTATION

THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

Call: 305.416.9805 WWW.CLEARYPA.COM

Determine if youhave a case

Injured?What to do next?

19 West Flagler Street #618, Miami, FL 33130

Sean M. Cleary

the title of Juris Doctor. Mr. Cleary obtained his Florida Bar admission the same year and started practicing at a well-known and respected law firm, Stroock & Stroock & Lavan, handling complex commercial litigation cases. In 2005 after leaving one of Florida’s most recognized trial firms, Mr. Cleary founded his solo practice The Law Offices of Sean M. Cleary, P.A. Throughout the years he obtained substantial verdictsverdicts and settlements for his clients. Mr. Cleary has also received multiple awards and nominations acclaiming his skills as a Miami personal injury lawyer. Attorney Sean M. Cleary continues to fight fiercely for the victims of personal injury, medical malpractice, auto accidents and defective products in state of Florida in order for them to receive the just compensation they deserve.

ttorney Sean M. Cleary began his legal career when he enrolled to the University Of Miami School Of Law, which he completed in 1998 with honors receiving A

About Sean M. Cleary

Florida. The sole purpose of the Law Offices of Sean M. Cleary, P.A. is to offer an exceptional legal aid and representation for those who suffered physical or psychological injuries due to careless, reckless and negligent actions of other parties. Our law firm specializes in personal injury, medical malpractice, wrongful death and commercial litigation claims and has never failed to represent our clients andand to achieve the desired result. With our vast experience and knowledge, we are dedicated to protecting the rights and interests of those who have endured pain and suffering. If you or your loved ones have been recently injured and you’re looking for an attorney to represent you or you just seek legal advice, don’t hesitate to contact us.

ounded in 2005 by attorney Sean M. Cleary with an already proven and established reputation as a highly skilled and experience lawyer in the Court Houses of F

About Our Law Firm

seeking legal advice from Mr. Cleary can discuss every matter regarding the often painful personal injuries they have suffered. The Law Offices of Sean M. Cleary, P.A has always offered a free consultation and always will, Mr. Cleary will personally review your case and will provide you legal and professional advice.

ur law office is located conveniently in downtown Miami and while being a solo practice law firm, the office provides a calm environment where thoseO

Located in Miami, FL