Miami Personal Injury Lawyer

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:

Physical Evidence

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. 

Witness Testimony

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. 

Traffic Citations

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.