accident-scene

How A Miami Personal Injury Lawyer Can Help You

Injury can often be a fact of life, and there are  many ways that you can get injured. But when that injury is caused by another person, you should not have to endure the damage. You should not have to rack up significant medical debts either. This is why you should consult with a Miami personal injury lawyer.

What you need to know about Miami personal injury

Whether you were bitten by another person’s dog, injured in a car crash or had a sign fall on you at the mall, you may have the right to compensation. Our Miami personal injury lawyers may be able to help you recover compensation for your personal injury claims.

If you are thinking of filing a personal injury lawsuit, you will likely have several questions on your mind. You’ll want to know how much your claim may be worth.

 You will find most of the answers you need on this page, beginning with what a personal injury claim is and why you need to file one.

What is a Miami personal injury claim, and why would you need one?

A Miami personal injury claim is what you file when you have been injured because of the fault of another person. They serve two significant roles for you as the injured person and the larger community.

Personal injury lawsuits and society

Personal injury lawsuits help you hold irresponsible people and organizations accountable for their conduct. This is because their wrongful conduct may cause you injury. In many cases, injuries are caused because someone failed to take proper care.

In an ideal society, nobody should have to lose both their legs in a gas explosion because the gas company failed to fix a leaky gas pipe. Nobody should have to suffer spinal cord injuries because the building management was unable to warn them that the floor is slippery.

Filing a personal injury claim in these cases helps you ensure that the individuals and organizations responsible do not repeat the same conduct. However, in cases where we reach a settlement, our personal injury lawyers demand that as part of the settlement the situation that caused the injury is rectified. This is because it is important to hold the negligent parties accountable so that hopefully, others don’t have to suffer the same damage.

Victims of damages

When you suffer an injury due to someone else’s actions, you could be left with medical bills and other expenses. Instances of personal injury may cause damage and never leave you the same.

You should be able to hold the negligent individual or business accountable in these situations. You are entitled to recover the compensation that either helps you put things right, or that helps you adjust to the new reality. Victims of accidents should always consult with a Miami personal injury lawyer to understand their rights to compensation.

What kind of compensation can you recover in a Miami personal injury claim?

You may be able receive compensation for injuries you suffer directly from the other party’s fault. Even if you had a preexisting medical condition at the time of the accident. If the condition was made worse by the injury, you can still recover compensation.

Damages

This compensation is also commonly referred to as damages, and it can fall into two categories.

Economic damages

Economic damages are recoverable in relation to the specific costs you have incurred due to the injury.

Non-economic damages

Non-economic damages are more subjective. In both cases, the damages you can recover will depend on the circumstances of your injury.

Some of the items you can recover compensation for in a personal injury claim include the following:

  • Medical bills
  • Out of pocket expenses
  • Lost wages
  • Pain and suffering
  • Loss of consortium
  • Punitive damages

What can you look forward to recovering?

The straight answer to this is: it depends. No one can say how much your personal injury case will be worth because it depends on several factors. These will include the circumstances of your case, the seriousness of your injury, the limits on insurance coverage, etc.

Expenses

One primary indicator of how much you can recover is the number of expenses you have incurred or will likely incur due to the injury. So, your past and future medical bills, lost wages, lost earning capacity, pain, and suffering can all point to a ballpark range.

Severity of injuries

One thing is definitely clear. The more severe the nature of your injuries and the defendant’s level of fault, the higher the compensation you may likely to receive. It is important to consult with a Miami personal injury lawyer. Your Miami personal injury lawyer will be able to offer a better-estimated case value after assessing your medical records, police records, and other evidence that indicate how much the accident has affected you.

What are the types of personal injury claims?

There are almost as many personal injury claims as to the types of possible injuries that lead to them. Each of these cases is often unique and will require proof of different legal elements to establish the fault of the defendant.

Some of the common types of personal injury cases include the following:

Brain and spinal cord:

These cases can involve the most debilitating kinds of injuries. The injuries involved here can arise due to a wide range of wrongful or negligent acts including car accidents, playground incidents, and medical negligence, to name a few. The proof involved in cases like this would usually include medical expert depositions and a lot of medical evidence.

Burn/fire injuries:

Fires cause severe damage in the US every year. They can arise from several incidents, including electrical surges and shorts. According to the Electrical Safety Foundation International, electrical fires account for more than 5,300 home fires, 100 injuries and at least 40 deaths every year. In many of these cases, severe injuries will be caused due to the negligence of an inspector, the building supervisor, or faulty installation.

Dog/animal bites:

Under Florida laws, an animal owner will be responsible for injuries caused if their animal bites another person. Although many states have a “first bite” rule that limits liability for an animal that has never bitten anyone before, Florida laws are different. An animal owner in Florida will be strictly liable if their animal bites you, even if that was the first incident of the kind. You might be able to file a lawsuit against the owner and against their homeowner’s insurance, if applicable.

Medical malpractice:

These can be some of the most devastating kinds of personal injury cases. We often trust medical personnel with our lives and wellbeing so it can be hard to take when they act negligently and harm you instead. A negligent mistake by a nurse that administers the wrong drugs to you can leave you fighting for your life. You can file a medical malpractice claim to recover damages for the injury done to you.

Car accident & motorcycle accident:

Accidents involving cars, trucks, motorcycles, and other vehicles frequently happen in the US. In 2017 alone, the Florida Department of Highway Safety and Motor Vehicles recorded over 258,000 auto accidents. Over 100,000 of these accidents led to injury and cost almost 2,000 people their lives. Often, these accidents are caused by negligent or reckless driving, drunk driving, or simple driver error. Whatever the cause of the crash, they usually have a long-lasting impact. You can file a lawsuit to pursue compensation for your medical bills, lost wages, and any other loss you have suffered in the accident.

Product defect:

Product defect cases occur because a manufacturer of goods has failed to ensure that the assets pass accepted the standard of safety. If you have been injured due to a defective car part, or any other defective product, you can file a claim for compensation. You would often need experts to show that the product was harmful and unsuitable for use. Once you can prove this, you can recover compensation for the emotional distress you have suffered and any medical or other bills you have incurred.

Slip and fall:

These kinds of personal injury cases are more common than most think. And they are often more severe than people imagine. If you have suffered injury in a slip and fall accident on someone else’s property, you may be entitled to sue. In many cases, these injuries could have been avoided if the property owner had not neglected to repair a hazardous situation.

Wrongful death:

It is often a terrible thing to lose a loved one. When you lose them due to the wrongful or negligent actions of another person, it becomes a needless tragedy. As a survivor of a person that has been wrongfully killed, you can seek compensation for the wrongful death of your loved one. You can file a claim to recover compensation for funeral costs, loss of companionship, and even the loss of household income that comes with the death.

What happens if more than one person is at fault for your injuries?

There are  circumstances where more than one person may be at fault for your injuries. For example, If you were injured on the way home from work by a drunk trucker, you may be entitled to file a personal injury claim against them.

But if the trucking company knew about the driver’s drinking problem and still let him drive, they could also be liable to you.

Joint and several liability

Florida has a joint and several liability systems that provide structured rules for how you can claim compensation from more than one at-fault party. Any person that is more than 50% responsible for your injuries will owe up to $2 million of the damages that may be awarded to you.

Anyone that is between 26%-50% at fault will be responsible for up to $1 million of possible damages. But anyone that has less than 10% of the fault will not pay out of pocket for any of your economic damages.

The overall money amount awarded to you as compensation will be divided amongst the responsible parties based on their level of fault. Consulting with a Miami personal injury lawyer will help to understand compensation specific to your case.

What if you contributed to your injuries?

If you are partially to blame for your injuries, your potential award at trial may be reduced. Just like the rule with several responsible parties, your compensation may be reduced in proportion to the percentage of blame you had for the accident.

So, for instance, if you were 15% at fault for the accident and the court awards a sum of $10,000 as damages, the amount you actually receive may be reduced by 15%. This means you may only be able to recover $8,500.

Personal Injury

What role will a Miami personal injury lawyer play in your claim?

Our Miami personal injury lawyers will help you take the fight to the responsible party. We will listen to your side of the story and assess the case to determine the best strategy for your case.

Our Miami personal injury lawyers can:

  • Advise you on courses of preliminary action, including how you can deal with medical bills and property damage;
  • Bring objective perspectives layered with in-depth knowledge to decisions;
  • Help you uncover the layers of who should be responsible for your injuries;
  • Help you document your injuries, loss and recovery process to help you prove compensation;
  • Find and question witnesses for your case;
  • Work with experts to establish evidence that will support your case;

Legal representation is important

We will help you level the playing ground with the big corporation or insurance company. We will bring to bear all our negotiating experience on your behalf, using all this information to negotiate the best possible settlement for you. And if the other party won’t budge, our Miami personal injury lawyers are experienced litigators that are trained and ready to go to court.

What will the process of your personal injury claim involve?

Your personal injury claim will involve a number of standard steps. Here’s a brief summary of what it will entail:

Meeting your Miami personal injury lawyer:

Your journey towards compensation will typically start with a meeting in our law office. We will listen carefully to your story and advise you on what steps to take next. Once you sign a retainer agreement and allow us to help you, we will move onto the next phase.

Building your case:

We can evaluate  your case carefully, noting how we can emphasize the strengths and building strong support where it is weak. This stage will basically involve looking over every aspect of your case and every element that will bolster your claim.

Negotiations with the other party:

Our Miami personal injury lawyers can write a demand letter to the other party, laying out your case for damages. Many of our cases end at this stage due to the deep negotiating experience we bring to the table. At this point, we will usually secure a suitable settlement that will provide adequate compensation for what you have suffered.

Filing your lawsuit:

If the other party fails to offer a suitable amount or if they reject a reasonable settlement, we will file a lawsuit to get you the best compensation possible.

Discovery:

After filing the lawsuit, our Miami personal injury lawyers can aggressively go after every document that helps your case. This would include any favorable materials in possession of the other party.

Trial:

If no settlement agreement is reached, our team of Miami personal injury lawyers is ready to fight fort you. You will need attorneys that care to ensure your case will be decided by a judge and a jury with the best representation possible.

How long do you have to file your personal injury case?

In Miami, the personal injury limitations laws dictate that you must file your lawsuit within four years. This time may start to run from the date that you incurred the injury.

This is only the general. In other cases like medical malpractice claims, you may have only two years to file a claim. Every case and situation is different, but time is of the essence. You need to be proactive about your case and decide early how you want to proceed. It is important to consult with a Miami personal injury lawyer immediately to determine any limits you may have.

How much will your Miami personal injury lawyer cost?

Sometimes personal injury lawyers may charge by the hour. This means that the overall amount you will pay as lawyer fees will be calculated based on how many hours they spend working on your case. This may result in a disadvantage, because you may not have the money to pay up front and, quite sincerely, personal injury cases can drag on for a while. It is sometimes better to work with contingency fee based attorneys like us.

Contingency

At PereGonza The Attorneys, we don’t charge any hourly rates or up-front fees. Instead, we work on a contingency fee basis. This means that we will not collect a cent from you unless we win your case.

This arrangement will allow you access to quality representation and level the playing field between you and the corporation or insurance company on the other side. If we win the case for you, we will only take a reasonable fee from the recovery amount.

If you or your loved ones have been injured by the actions of another, get in touch with us for a free, no-obligation consultation. Call us today to schedule your free case evaluations (786)650-0202.