Miami Personal Injury Lawyer
What is Personal Injury Law?
Personal injury cases are any case where an individual, or multiple individuals, are hurt because of another’s negligence. Consequently, the laws holds a person or entity responsible for causing injury to another because of something they did or did not do appropriately. Negligence presumes the act was unintentional but preventable. However, legal responsibility also applies to acts involving strict liability such as dog attacks. A personal injury attorney in Miami, FL with experience knows how to naviagate the complicated web of issues that accompany these cases.
Every personal injury case starts out as a personal injury claim. A claim comes first and is made against a party – usually through an insurance company – outside of the court system. Ultimately, a claim that has to be filed in court then transforms into a personal injury case.
How to Determine If You Have a Personal Injury Case
Analyze Your Facts Evidence Injuries
Every claim for personal injury requires two parts: Negligence & Damages.
Negligence Elements in Florida
Damages
In Florida, “negligence” means doing something that a reasonably careful person would not do, or failing to do something that a reasonably careful person would do, under similar circumstances. Negligence is made up of four (4) parts:
- Duty,
- Breach,
- Causation, and
- Damages.
In short, the unreasonable act must have caused the damages alleged.
Damages are physical injuries, time lost from work, and non-economic losses like mental anguish and pain and suffering. You must have both negligence and damages for every kind of personal injury case. Damages are classified into the following areas:
- Economic: Past medical bills from various ailments including broken bones, brain trauma, torn ligaments and similar types of injuries. It also includes future medical expenses, lost wages in the past and future, loss of ability to earn income, and property damage.
- Non-Economic: Pain and suffering, mental anguish, mental health disorders, loss of capacity for enjoyment of life, and decreases in ability to perform everyday living activities.
- Punitive: Monetary damages designed to punish the negligent party for conduct that is considered grossly negligent, reckless, or intentional.
Personal Injury Lawyer Overview
If you suffered an injury but don’t have financial losses or medical bills, you may not have a viable case. Similarly, if the damages are too small, it is possible that a claim may not be financially feasible to pursue, even if negligence was the cause. Therefore, it is best to speak with a Miami personal injury attorney to find out if your circumstances qualify and to do so as soon as possible after any injury occurs.
Types of Personal Injury Cases We Handle
Hiring A Miami Personal Injury Lawyer & The Cost Of Representation
Miami personal injury attorneys work exclusively on “contingency” retainer agreements. These representation agreements are standard in Florida. They enable injured victims to hire a personal injury attorney without paying up front for the lawyer’s time. In return, the personal injury attorney takes the case on the contingency that the law firm will be able to obtain compensation for the client at some undetermined future date. Consequently, the attorney will receive a fee for the work needed to obtain compensation but only if the case succeeds. If there is no recovery, the attorney will not get a fee.
Summary
While every case is different, generally all personal injury cases in Florida must to be filed within two (2) years of when the incident occurred after legal reforms were enacted in 2023. This is called the “Statute of Limitations” and is a hard deadline with virtually no exceptions. Otherwise, cases will be forever barred. Therefore, remember to call Santana Injury Law as soon as possible to preserve your rights to obtain compensation. We will give you the best chance to get the full and fair value for any injuries you’ve sustained. Call now for a free consultation with an experienced personal injury lawyer in Miami, FL.
Initial Steps
01
first Steps
Document the scene including taking photos and videos, and getting the names and numbers of witnesses. They may be critical later in your case.
02
build the Foundation
Document your injuries by seeking immediate medical care. This is critical after you have suffered an injury of any kind.
03
Follow the Plan.
Your role is the most important as the case proceeds because YOU are in control of the outcome. Your job as client is to listen to the advice of your medical providers and your legal team.
Let's Discuss your case
Responsive, reliable, and aggressive to get you on the right path to recovery.
Frequently Asked Questions
Personal injury law covers cases where individuals are harmed due to another’s negligence. It holds those responsible for causing injury, either through direct actions or failures to act, under the presumption of negligence. This area of law also encompasses strict liability cases, such as injuries caused by a commercial product.
You must contact a good Miami personal injury lawyer to evaluate your case. A valid personal injury case in Miami requires evidence of both negligence and damages. Negligence involves a duty breached by an act or omission leading to your injuries. Damages can be economic (like medical bills and lost wages), non-economic (such as pain and suffering), or punitive.
In Florida, negligence comprises four elements: duty, breach, causation, and damages. It refers to actions a reasonably careful person would not do, or the failure to do what a reasonably careful person would do, resulting in harm to another.
Damages in a personal injury case can be economic (past and future medical bills, lost wages, property damage), non-economic (pain and suffering, mental anguish), and punitive (to punish gross negligence or reckless conduct).
Consulting with our personal injury lawyers is crucial if you’ve suffered injuries with financial losses or significant medical bills. An attorney can assess the viability of your case and guide you on the best course of action.
In Florida, personal injury attorneys work on a contingency basis, meaning they only receive payment if they successfully obtain compensation for you. This arrangement allows victims to pursue legal action without upfront costs for legal services. Our firm works exactly the same way.
There are many kinds of cases, but , personal injury lawyers typically handle cases involving car accidents, slips and falls, medical malpractice, workplace injuries, and more, depending on the firm’s areas of expertise. Our firm specializes in automobile and car accident cases in addition to medical malpractice. However, we routinely handle matters including truck accidents, motorcycle accidents, slip and falls, trips and falls, severe burns, drowning, and death.
If possible, you should immediately document the scene with photos and videos, collect witness contact information, and seek medical care to document your injuries. Then contact a Miami personal injury attorney to preserve your rights. These are crucial steps for building a strong case.
Most personal injury cases in Florida must be filed within two years from the date of the incident, with some exceptions, like medical malpractice. It’s vital to consult an attorney as soon as possible to preserve your rights.
A good and knowledgeable personal injury attorney, like our experienced personal injury lawyers in Miami, will add value to your case. Our firm is responsive and aggressive in pursuing full and fair compensation for your injuries. There is no downside since the consultation is 100% free of charge.
