Personal injuries and even fatalities can happen at any time. While this is always tragic, it’s even worse if someone caused your injuries through carelessness or recklessness.
You might feel like the world is against you after such an accident, but you don’t have to be alone. A skilled Miami personal injury lawyer can help you recover the compensation that helps you get back on your feet. Here at Englander Peebles, we have won millions of dollars on behalf of clients in the past.
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What Should I Do After An Injury?
Get medical treatment if necessary, and maintain records of all treatment you get. If you’re able to, get video and photos of the accident scene. Also, get the contact information from witnesses.
Report the incident to the proper authorities. This is likely to be police for vehicle accidents, but supervisors or managers if workplace accidents take place.
Finally, call a Miami personal injury lawyer!
Why Do I Need A Personal Injury Lawyer?
Even if you were fully healthy and capable of giving a personal injury lawsuit your all, you’re still not a lawyer. If you are injured, then you really need an expert to handle the legal side of affairs for you. Personal injury lawyers in Miami, Florida, like ours, can offer you a handful of benefits in this crucial phase of your life.
It starts with case preparation. Just the paperwork involved in filing a lawsuit be detailed, technical, and stressful. Your lawyer can make sure your case stands up to innocent errors that could otherwise derail it early.
Settlement negotiations are the next thing your personal injury lawyer can help you with. You’ll more than likely get an offer from the insurance of the defendant, but that’s because they would rather pay you to make it go away rather than deal with lawyer fees and court action. As such, that offer is likely to be a lowball offer, and someone seasoned in handling settlement negotiations can get you something much bigger and better.
Trial Preparation & Representation
If not, trial preparation will prove necessary as the next logical step. You need someone that can not only get your case ready for a courtroom but also be there to represent you. This might sound dreadful, but sometimes, just getting ready for litigation is what finally pushes settlement negotiations over the finish line.
What Type Of Damages Can I Recover In Miami, Florida?
There are three fundamental types of compensation or damages you can be awarded from a Florida personal injury suit. They are economic damages, non-economic damages, and punitive damages.
Economic damages can generally be defined as financial losses mathematically quantifiable via evidence. This evidence can include but is not limited to medical bills, physician testimony, lost earning statements, and calculations as to past and future losses. Economic damages might cover medical bills, lost wages, future medical expenses, and even household services needed because of injuries.
Non-economic damages are alternatively intangible, emphasizing things like pain and suffering. These are harder to quantify given the lack of a tangible method to ascertain amounts owed. Other categories that non-economic damages can cover include emotional distress and loss of consortium/companionship.
Punitive damages get awarded to victims in cases where the defendant is being punished for their misconduct. The majority of personal injury cases do not involve these, and in the state courts of Florida, a plaintiff may only request these if they’ve provided evidence of the responsible party’s gross negligence or willful misconduct.
How Is Liability Determined?
In order for your Miami personal injury lawyer to make your case, they need to determine the actual liability of the defendant. There are four parts to this.
Duty of Care
The first is establishing that the defendant owed the plaintiff a duty of care. This can be as simple as keeping floors dry in a beach house or stopping at a red light with their car rather than heading into a busy intersection.
Breach of Duty
Second, there must have been a breach of that duty of care. A restaurant might fail to put up wet floor signs or mop the floor dry. A driver might slow down for their stop sign but not actually come to a full stop.
Third, the plaintiff’s attorney must establish causation. This is a demonstration for a judge and/or jury that the breach of care resulted specifically in the injury to you or your loved one.
Fourth, the last thing to establish is damages. This is where your legal team delineates the specific damages that happened as a result of the previous three items.
Florida follows a system known as pure comparative negligence. This means that the defendant’s team might argue and even successfully prove that you were partially negligent yourself. If they can prove that your negligence contributed to 30 percent of the accident, then you’ll likely only get 70 percent of the potential damages and compensation. Under the pure comparative negligence rule, you can recover damages even if you were more than 50 percent at fault.
How Much Time Do I Have To File A Personal Injury Claim In Florida?
The Sunshine State has a statute of limitations in regards to how much time you have for filing a personal injury lawsuit. In most cases, that is four years from the date of the accident. Attempting to file after the window is likely just going to result in a judge throwing out your suit the first chance they get.
However, you might have more than four years if your injury or condition isn’t discovered until later after the initial accident. The clock would reset for four years after the discovery of your injury. On the other hand, if you are going to file a suit against any level of government, be it municipal, state, or federal, then you may have a far shorter span of time in which to file.
Personal Injury Claims Process
The process of personal injury claims usually starts with a consultation with a lawyer. They can analyze the case and determine if recovery of damages is likely. If so, and they take the case, then they’ll start assembling evidence and interviewing the right people.
They’ll fill out the proper paperwork and then file it with the appropriate courthouse, while also serving the responsible party notice. Settlement negotiations may commence, but if they’re not fruitful, actual litigation may be scheduled. A court trial would conclude the process if negotiations fail from start to finish.
How Much Will A Miami Personal Injury Lawyer Cost?
Personal injury lawyers in Miami, and indeed all of the state of Florida, work on what is known as a contingency fee basis. This means that they only get paid if your case is actually awarded compensation via litigation or settlement. This contingency fee tends to depend on the size, scope, and sophistication of the case involved.
Because we receive a percentage of the settlement or compensation awarded in court, you pay nothing upfront. It also means that we’re only likely to take your case if we believe, after your free evaluation, that there is compensation likely to be had.
Types Of Personal Injury Cases We Handle At Englander Peebles
Our legal team is experienced in various types of personal injury cases, including:
Car accidents occur frequently in the United States. Our car accident lawyers in Miami are well-versed in Florida motor vehicle laws. We can help you secure maximum compensation for your crash.
Due to their size, large trucks are capable of causing severe property damage and inflict devastating injury on victims. Truck accident lawsuits are often complicated, so you need an experienced truck accident attorney to represent you.
Fresh air, the wind in your face, and the open road all make for an exciting combination. This is particularly true of the Sunshine State where there are so many great rides up and down this beautiful part of the country. Unfortunately, motorcycles simply aren’t nearly as safe as passenger vehicles, and riders often suffer catastrophic injuries, requiring the assistance of a motorcycle accident lawyer to get the compensation they deserve.
If you or a loved one was injured in a rideshare accident, you have a right to seek financial compensation. Rideshare companies will have a team of high-powered attorneys fighting for them, you will need an experienced Uber accident lawyer on your side
Slip & Fall
In a slip & fall case, you must prove the property owner was negligent to claim compensation. Our experienced slip and fall attorneys can handle settlement negotiations and represent you in court if needed.
Property owners have a duty to keep their premises safe for visitors. If they don’t deal with hazardous conditions or warn visitors, they can be held legally responsible for injuries. Common premises liability cases include dog bites and slip & fall accidents.
This type of case is usually filed against a person who is responsible for causing someone’s death through negligence or intentional wrongful actions. However, wrongful death applies to claims when someone is killed as the result of negligence on the part of a business or government entity.
Contact Us Today for a Free Case Review
Losing your capacity to enjoy life or make a living due to an accident can turn your life upside down. No one enjoys being a victim of things beyond their control, but it can be even worse if what happened to you was within someone’s control.
If someone owed you a duty of care and breached it through either action or inaction, then you need a Miami personal injury lawyer who can prove the responsible party’s negligence. A successful case can result in economic and non-economic damages alike, compensating you for your injuries and restoring some quality of life.
Here at Englander Peebles, we’ve helped many clients already deal with the legal side of an accident’s aftermath. Contact us right away for your free consultation. And if we take your case, we charge no fees unless we win!