Miami Personal Injury Lawyer

Personal Injury FAQs

• Do I Have a Personal Injury Claim?

  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.

• What Is the Value of My Personal Injury Case?

  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.

• How Much Do Personal Injury Lawyers Charge?

  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.

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

  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.

• What Damages Can I Recover in a Personal Injury Case?

  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. 

• Should I Accept the First Settlement Offer from the Insurance Company?

  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.

• How Do Our Experts Prove Negligence in Accident Claims?

  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.

• Will My Case Go to Trial?

  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.

• What Does a Personal Injury Lawyer Do?

  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.

• How Long Will My Case Take?

  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.

• What Areas in Florida Does Zayed Law Offices Serve?

  Our team serves Miami-Dade County, including:

  • Miami Beach (33109),
  • Downtown Miami (33130),
  • Brickell (33129),
  • Little Havana (33125),
  • South Miami (33143),
  • Hialeah (33010),
  • Doral (33122),
  • Aventura (33160),
  • Miami Gardens (33054),
  • Homestead (33030),
  • Florida City (33034),
  • West Miami (33144),
  • Bal Harbour (33154),
  • Doral (33178),
  • Cutler Bay (33157), and more.

  Our trial attorneys are ready to assist you anywhere in the state.