Miami Personal Injury Lawyer

Q: Do I Have a Personal Injury Claim?

Were you injured due to someone else’s actions? You may very likely have a claim.

Q: How Long Do I Have to File a Personal Injury Lawsuit in Florida?

Under Florida law, the statute of limitations in most cases; including wrongful death cases, cruise ship accidents and more, is two years.

Q: What Damages Can I Recover in a Personal Injury Case?

Damages in Florida are classified according to the nature of the loss. Both economic damages and non-economic damages are available.

Question

Do I Have a Personal Injury Claim?

Answer 1

If you were injured due to someone else’s negligence or actions, you may very likely have a claim.

The law allows injured parties to seek compensation when their injuries were caused by someone else.

Various legal grounds exist for these claims, including:

General negligence, or a failure to exercise a reasonable amount of caution
Intentional torts or intentional wrongdoing
Medical malpractice, or a failure to adhere to standards developed by the medical community
Premises liability, or a failure to maintain the property in a reasonably safe condition
Strict liability, which imposes liability on certain parties regardless of fault
Product liability and defective products

Victims can receive compensation regardless of whether the defendant intended to harm them or not.

The only sure way to know whether you have a valid claim is to speak with an experienced attorney. Most law firms offer free case reviews. You can come in and tell the lawyer your story, and they’ll explain your options.

Answer 2

Determining the exact value of a claim isn’t always straightforward. Each case comes with its own set of injuries and complications. Careful analysis is required because no two accident claims are exactly the same.

Some common factors that help determine how much a case is worth include:

The severity of your injuries
How much you’ve spent on medical treatment costs
Whether you’re expected to need ongoing medical care and the cost
The cost of rehabilitation, vehicle repairs, and other expenses incurred
Whether the harm results in lost wages and the value
Expected future impacts, including lost future earning capacity
The toll the accident has taken on your mental health and quality of life
Whether shared fault is an issue
The strength of the evidence available to prove liability

Your lawyer’s skills are also important. You need skilled negotiators who can convince the insurance company to offer higher settlement awards.

When your legal team has a proven track record of success at trial, the insurance company will probably be more likely to negotiate in good faith for a full settlement.

Answer 3

The cost of legal representation is a huge concern for many accident victims.

Luckily, most lawyers work on a contingency fee basis. We only take attorneys’ fees if we recover compensation in your case. When we do, we take a percentage of your compensation award. You’ll agree to that percentage when you hire us.

Because there’s no fee unless we win, you can always afford to secure quality legal representation.

Answer 4

There is only a limited amount of time to seek compensation after an accident.

Under Florida law, the statute of limitations in most cases, including wrongful death claims, cruise ship accidents, and more, is two years.

That means victims typically have two years from the date of the incident to file a lawsuit and ask for compensation. In fatal injury cases, the two-year clock starts to run on the date of the decedent’s death.

Exceptions to the deadline are fairly rare. If you were a minor at the time of the accident, you’ll have two years from the date you turn 18 to file a lawsuit, assuming your parents didn’t file one on your behalf. If the defendant is also facing criminal charges, the statute of limitations can be paused.

The consequences for failure to meet the deadline are severe. You’ll lose your right to compensation entirely after the applicable deadline passes.

Answer 5

Damages are classified according to the nature of the loss. Both economic damages and non-economic damages may be available.

Economic damages offset the financial expenses you have incurred due to an accident. Any type of financial expense should be accounted for–both past and expected future losses.

Examples include:

Past and future medical expenses
Lost wages
Reduced earning potential
Physical therapy
Nursing care
Rehabilitation
In-home assistance
Property damage
Increased travel costs
Out-of-pocket expenses

Non-economic damages attempt to compensate accident victims for intangible losses and suffering. These losses don’t have a clear financial value. They can, however, become a significant portion of your settlement or verdict if your injuries are severe.

Some examples of non-economic damages include:

Physical pain and suffering
Emotional distress and trauma
Mental anguish
Loss of enjoyment of life
Anxiety
Depression
PTSD
Diminished quality of life
Physical disfigurement and scarring
Loss of consortium

Punitive damages might be awarded if the defendant’s acts were intentional or shockingly reckless. Courts are most inclined to award punitive damages as punishment when the defendant’s acts show an extreme disregard for human safety.

Answer 6

In most cases, you should not accept the first settlement offer from an insurer. Insurance adjusters often start with a lowball offer, hoping you will settle quickly before fully understanding the extent of your injuries and damages. Their goal is to protect the company’s bottom line – not to provide you with fair compensation.

Before accepting any offer, consult an experienced attorney who can evaluate your case and determine its true value. A lawyer can accurately assess your past and future losses to ensure you don’t settle for less than you deserve.

Negotiating with insurers can be complex, but an experienced law firm knows how to push back and fight for maximum compensation. If you’ve received an offer, don’t rush into a decision – seek legal guidance to protect your rights.

Answer 7

Negligence means that a party failed to exercise a reasonable amount of caution under the circumstances.

The four elements of a successful negligence claim are:

Duty of care: The defendant owed you a duty to act reasonably. For example, all drivers have a basic duty to obey traffic laws. Property owners, medical professionals, dog owners, and others may have additional duties.
Breach of duty: The defendant failed to use the degree of caution that a reasonable person would have under the circumstances, so they breached their duty of care.
Causation: The breach of duty was the actual and proximate cause of your injuries. That means your injuries would not have happened “but for” the defendant’s conduct.
Damages: You suffered actual financial harm and losses because of the defendant’s actions.

A range of evidence can be used to prove negligence, depending on the circumstances. Some examples of the evidence our team will collect and evaluate include:

Accident reports or police reports, if available
Medical records
Statements from witnesses
Photos of the accident scene and surroundings
Video surveillance footage from dash cams, traffic lights, businesses, etc.
Cell phone records
Maintenance records
Inspection records
A truck driver’s hours-of-service log
Employment records
Recording devices from vehicles
Testimony from experts

If you were injured, make us your first call. We can start investigating quickly after the accident to locate and preserve evidence. Swift legal action will give you the best chance of recovering the maximum compensation you deserve.

Answer 8

Trials are relatively rare in these types of cases. People typically recover compensation through insurance negotiations.

Trials are most likely to become necessary in situations involving:

Complicated disputes over who is responsible for an accident
Serious contests over the value of a victim’s damages
Multiple parties who all share fault for the same damage
Severe or catastrophic injuries and high demands for non-economic damages
A defendant who refuses to negotiate in good faith for a fair settlement

It’s critical to hire an expert who has experience winning at trial. That’s true even if no one really wants to take the case to court. Insurance companies will be more open to meaningful negotiations when they know they might have to pay more in court.

Answer 9

Hiring our legal team means you can count on us to:

Identify all legal avenues for recovering financial compensation
Provide sound guidance and answer any questions you have about the legal process
Investigate and locate all evidence to prove your case
Identify all parties who share legal responsibility for your damages
Document your losses and determine their value
Work with leading experts in fields like medicine, vocational rehabilitation, economics, accident reconstruction, and other relevant specialties
Vigorously defend against any allegations that you caused your injuries
Negotiate with the other side for a full and fair settlement
Reject unacceptable insurance offers and take your case to trial if needed

Our team has been recognized time and time again for our skilled legal services. We know that this is a difficult time in your life–but you’re not alone. To learn more about an attorney-client relationship, call for a free case review today.

Answer 10

The timeline for resolving a claim varies based on several factors. Cases involving minor injuries typically settle faster, while severe injuries take longer as doctors assess the victim’s prognosis and determine when they have reached maximum medical improvement (MMI)—the point at which their condition is stable and unlikely to improve further.

Settling too soon can mean accepting less compensation than needed for future medical costs. Cases that go to trial also take longer due to the discovery process and court schedules. While a quick settlement may be tempting, it’s often not in your best interest since you can’t seek additional compensation later if your expenses are higher than expected.