Florida Personal Injury Lawyer
If you’ve been injured in an accident the last thing you want to do is suffer the headache of searching endlessly for a reliable personal injury attorney who can advocate on your behalf.
Fortunately, you’ve come to the right place. The law firm of Ratzan Weissman & Boldt takes personal injury in Miami very seriously and has cultivated a distinguished reputation for advocating for the needs of our clients. If you’ve been injured, give us a call to schedule your free consultation today.
The Personal Injury Attorneys You Can Trust
The team at Ratzan Weissman & Boldt is dedicated to supporting the well-being of our clients. As such, we aim to provide honorable representation to everyone we serve. We understand that if you are contacting us, your life is likely in a very stressful place. That’s why we approach each case with tenacity and compassion. We are the personal injury attorneys you can trust.
Our approach and methodology are based on the education and experience of our dedicated attorneys. If you have any questions, do not hesitate to get in touch with us.
Personal Injury 101
Personal injury cases fall under what is known as “tort law.” This branch of law allows an injured party to file a lawsuit in civil court. The objective of the lawsuit is to obtain a remedy for any injuries incurred as a result of the other party’s actions. In this case, remedies are often referred to as “damages.”
When you hire a personal injury attorney to represent you in court, their goal is to make you whole by advocating for financial compensation due to the other party’s intentional actions or negligence.
Personal injuries can happen in a variety of situations, including the following:
Negligence claims fall under the purview of tort law when one party exhibits negligence or disregard that unintentionally harms another individual. If you have been harmed in an accident that resulted from someone’s carelessness, consult with one of our attorneys to see if you have a personal injury case.
Examples of accidents include medical malpractice, car and truck accidents, and slip and fall accidents. However, accidents can occur almost anywhere, so make sure to let us know if you suspect your injury occurred as a result of someone else’s negligence.
Personal injury litigation is suitable when one party is intentionally harmed by another. For example, if someone intentionally assaulted you, that would fall under intentional harm. If intent is proven to have been involved in your case, you may be entitled to additional damages.
Product liability is just a fancy way of saying “responsibility for defective products.” For example, injuries sustained due to a defective car component, consumer product, or medical device would all fall under product liability.
Product manufacturers and medical experts have a legal duty to keep their consumers safe. If they breach this duty, they are potentially opening themselves to liability.
How We Handle Personal Injury Cases
When it comes to personal injury in Miami, we have a solid reputation for a reason. Our team of personal injury lawyers has years of experience representing individuals in state and federal court. While every case is different, the basics are fairly similar. Here’s what you can expect:
The inciting incident of all personal injury claims happens when the plaintiff is injured as a result of the defendant’s actions or negligence. As the injured party, you assume the role of the plaintiff.
Determinations are Made
After an injury is sustained, the plaintiff needs to determine whether they were injured as a result of some breach of duty. For example, if you are walking along the street and are struck by a car, the driver of that car could be in breach of their duty to operate their vehicle in a manner that any reasonable person would expect. Similarly, product manufacturers have a legal duty not to put defective products out into the market.
The list of potential infractions is broad, but the structure is the same. If someone breached a legal duty in a manner that resulted in you being injured, you could have a personal injury case.
Settlement Talks Begin
If your personal injury attorney is able to establish that the defendant breached their legal duty, then the defendant’s best bet may be to settle out of court. In the event of a proposed settlement, the defendant's side will offer financial compensation in exchange for the case not proceeding any further in court.
Once a settlement offer is made, your case can proceed in one of two ways. You could opt to accept the settlement and be done with it, or you could proceed with a personal injury lawsuit. If the case moves on, you can still settle any time before the case is handed over to a jury.
If you need a personal injury lawyer in Florida, Ratzan Weissman & Boldt is ready to help. Our team has years of experience litigating Miami personal injury cases and would be happy to consult with you. Reach out to us today by phone, email, or using the contact form on our website.
The first thing you need to do is get medical attention. This will enable you to get medical care, should you need it, and start a record of your injuries.
If you are able to get checked out by medics on the scene and can confirm that you are safe to walk around, make sure to stop and take photos or videos of the scene. Similarly, check with bystanders to see if any of them witnessed the accident, and make sure to gather their contact information. All of this will come in handy later when you are seeking compensation.
It is very important that you choose your words carefully and not admit to anything at the scene. It is likely that you will be in shock after the accident, and saying something unintentionally compromising could potentially damage your case. Remember, anything you say after an accident can come back to bite you, so it’s best not to say anything at all.
If you suspect someone else is at fault, set up a consultation with one of our personal injury attorneys.
Fortunately, whether you have a case or not does not necessarily need to be a decision you make by yourself. Our team of personal injury lawyers will be happy to review the specifics of your accident and evaluate your situation. If litigation looks like the best route, we will let you know.
In most Miami personal injury cases, if another party behaved carelessly or maliciously in a manner that resulted in your injury, you likely have a case. However, any personal injury lawyer in Florida will tell you that these cases are often complicated, and success depends on a variety of factors. This is why it is important to contact one of our attorneys as soon as possible.
The damages available in personal injury cases are known as compensatory damages. This remedy is further divided into two basic categories: economic damages and non-economic damages.
Economic damages pertain to tangible losses, including medical bills, property damage, lost wages, and the cost of future treatments relating to the incident. Non-economic damages are more subjective and consist of mental anguish, pain, and decreased enjoyment of life.
In order for compensatory damages to be awarded, they must be reasonably discernible. This means there must be as little room for speculation as possible. If the defendant's actions caused you pain and suffering, your personal injury lawyer must be able to demonstrate the material cost of that pain and suffering.
If the defendant’s actions warrant some form of punishment beyond what is available through compensatory damages, you may be able to seek punitive damages as well. This is when damages are awarded as a means of punishing the defendant and deterring similar activity in the future.
If you were deemed partially at fault, whether you can receive compensation depends on what state you live in. Some states abide by contributory negligence, which means you are unable to recover any damages if you were at all at fault.
In other states, you can recover damages as long as you were not more than 50 percent at fault. Other states allow you to recover damages if you were over 50 percent, as long as you were not completely at fault.
Florida is a comparative fault state. This means that if you were at fault in any way, your claim will be reduced by the amount by which you were determined to be at fault. So if you are found to be ten percent at fault, the amount of your claim will be reduced by ten percent.
Determining fault is very technical and dependent on state laws, so consult with one of our personal injury lawyers if you have more specific questions. If you live in the Miami, FL, area, it is important that you are able to prove you were not at fault so you can receive as much compensation as you are entitled to. This is why it is important to start the legal process so that evidence can be gathered as soon as possible.
Responsibility for the losses a victim suffered, otherwise known as fault, is determined in a variety of ways. Here are three of the most common:
Police and insurance companies will evaluate any physical evidence at their disposal. They will physically inspect the scene and evaluate photographic and video documentation in order to determine exactly what happened.
For example, in the event of a car accident, they will examine the damage done to each vehicle as well as any road damage.
Police and insurance companies will also obtain statements from any witnesses on the scene. Keep in mind that witnesses will include all parties who saw the incident, including yourself and the other person.
If you were in an auto accident, witnesses will include any passengers that may have been present. Based on the evidence collected, the police officers themselves may be witnesses to the incident.
In the case of auto accidents, law enforcement and insurance companies will evaluate any citations that would have been issued. If one person broke the law during the accident, then that person could be considered to be at fault. Possible infractions could include speeding, running a red light, making an improper lane change, and more.
Let Us Help You
At Ratzan Weissman & Boldt, our commitment to the safety and well-being of our clients defines everything we do. Our firm is staffed with some of the finest personal injury lawyers in the state. We have years of experience advocating for individuals and families who have suffered injuries as a result of negligence or malice.
When you are selecting a personal injury lawyer, it is important to know that they will be there for you every step of the way. When you hire us, we will be there to help you throughout the entirety of the legal process. Our dedication to excellence is why our firm is widely regarded as a leader in the legal industry. Get in touch with us to schedule your free consultation.
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