Miami Personal Injury Lawyer
When you’ve been in a serious accident caused by another person’s carelessness, you deserve to be compensated for all you’ve suffered. Call a Miami injury lawyer from Lavent Law to help you with your case today.
Most accidents aren’t experiences you want to repeat, but some can be more serious or traumatizing than others. When you’ve been involved in a serious accident that was caused by another person’s negligence, you are likely to be angered over the situation, as well as distressed from the pain of your physical injuries.
That’s because your accident could have been prevented, but because someone else wasn’t taking your safety seriously, you’re now suffering from what could be permanent injuries. But when negligence is involved in an accident, you have grounds to seek compensation for your injuries.
You shouldn’t suffer financially from an accident you didn’t cause. Contact a Miami personal injury lawyer with our office to help you file your personal injury claim. We can assist you with paperwork, help you deal with the insurance companies, and take your case to trial if that’s what it takes to get you the compensation you deserve.
What Qualifies as a Personal Injury Case?
You can be injured in many ways, but not every paper cut or stubbed toe will qualify you for a personal injury claim. Typically, for you to file for personal injury, someone else’s negligence or recklessness must have caused damage to your body or property.
Below, you will find a list of common types of Miami personal injury claims:
- Motor Vehicle Collisions – When you’ve been seriously injured in a car accident, motorcycle wreck, or truck collision caused by a careless driver, you can file a personal injury claim to recover your damages.
- Product Liability – Federal and state laws govern the production of safe goods. If a company is responsible for distributing a dangerous product, such as a harmful cleaning solution, and you were injured by it, you can be compensated.
- Premises Liability – Whenever you step onto another person’s property, whether it’s a home or business, you have the understandable expectation that you’ll be safe. Sometimes, however, property owners fail to correct a dangerous situation on their premises, such as a leaky faucet, and if that failure caused your injury, you shouldn’t have to foot the bill.
- Construction and Work-Related Accidents – Sometimes, people are injured at their workplace. It’s unfortunate but true, and it’s particularly common at construction sites (think falling objects). If unsafe conditions were to blame for your accident, you may be able to file a claim for personal injury.
- Medical Malpractice – Doctors should do their very best for their patients, but some doctors, unfortunately, are negligent. An example might be if you were misdiagnosed or prescribed the wrong medication and were seriously injured as a result. Just like everyone else, doctors can be held responsible for serious injuries they cause.
What Are Some Common Injuries?
Almost any injury that was caused by negligence can be added to a Miami personal injury claim, and you can seek damages. A few examples are slip-and-fall incidents on another person’s property, injuries due to a malfunctioning washing machine, or attacks by unleashed dogs.
The exception—in Florida, at least—is auto collisions. The seriousness of your injury will decide whether a car accident claim can be taken out of the no-fault insurance system. In order for your car crash claim to qualify for personal injury, you must have suffered a debilitating or permanent injury.
Otherwise, your injuries and losses should be covered by your personal injury protection (PIP) insurance.
Some injuries may be handled slightly differently, depending on the circumstances. For example, a dog bite injury will usually be addressed under premises liability and could include your responsibility in the accident. The following list consists of some common injury types that are often associated with Miami personal injury cases:
- Traumatic brain injuries
- Severe burns
- Broken bones
- Neck injuries like whiplash
- Spinal injuries
- Organ damage
Compensation for Personal Injuries in Miami
Being injured in any type of accident is going to leave you with damages. Even for a minor injury, you could have hospital bills, missed wages, damaged property, and transportation expenses. If the injury you’ve suffered is severe, your losses could be much greater.
You can also suffer from losses that are non-monetary in nature. What this means is that you can’t place a price tag on the way the accident has impacted your life. Perhaps you are suffering emotional trauma as a result of the accident, or maybe your injuries are life-altering or will leave you with permanent scarring.
When someone else caused your injury, you deserve to be compensated for all of these non-economic damages. Your personal injury attorney in Miami can make sure all of your losses—and not just the monetary ones—are added to your claim.
Below are some common damages you can list in your personal injury claim:
- Pain and suffering
- Mental trauma, such as post-traumatic stress disorder
- Medical expenses, such as hospital bills, medications, physical therapy, and assistive devices
- Caregiving services or mental health treatment
- Transportation services
- Lost or damaged property
- Missed wages and future missed wages
- Lost enjoyment of your life
Florida Personal Injury Laws
Every state has laws specific to personal injury, and those laws detail under what circumstances you can file for personal injury, as well as how long after the accident you are allowed to file. The key to filing for personal injury is that you must have been injured and suffered as a result of someone else’s negligence.
After an injury, you must file your personal injury case within the time frame designated by the law. In Florida, that time frame is four years from the date of the injury. In some (rare) cases, you may not be aware that you were injured for some time, and in those instances, you may be able to file outside of the statute of limitations window.
In Florida, personal injury cases are handled using a system called comparative negligence. This is where the parties’ involvement in an accident is compared in order to discover who is most responsible for the injury. More than one party can be liable, and your damages can be reduced if you are found partially responsible.
Another important element of Florida’s personal injury laws is the fact that car accidents are handled under the state’s no-fault system. Regardless of who was at fault in a Florida car accident, claims are paid by your own PIP insurance company and no-fault benefits. The exception to this system is accidents that lead to serious injuries.
Call a Miami Personal Injury Attorney
Regardless of the type of personal injury you’ve suffered, you deserve to be compensated for any injury caused by someone else’s negligence. When you work with an experienced personal injury attorney, you can win compensation to recover all of your monetary and non-monetary losses.
Contact a Miami personal injury lawyer with Lavent Law today. We can assist you with all stages of the personal injury process—filing initial paperwork, investigating your accident, dealing with insurance adjusters, and fighting for you in court. Call us at (305) 440-0450 or complete our contact form below to arrange a free consultation.