Perhaps nothing is more upsetting than sustaining an injury caused by someone else. Not only will you deal with pain and suffering related to the incident, but you will also deal with the frustration that comes from knowing your injury could have easily been prevented.
Fortunately, it is often possible to recover compensation from the party responsible if you file a personal injury claim. Although this compensation won’t erase the incident, it can make it easier for you to move on.
At Florin|Roebig, we understand how devastating an injury can be. Our team of experienced professionals can help you recover the benefits you deserve.
Common Types Of Accidents That Result In Personal Injury
You can file a personal injury claim any time you are injured because of the negligence of another person or an organization. However, certain types of incidents are more likely to lead to personal injury claims than others.
Some of the incidents that most commonly result in personal injury lawsuits include:
- car accidents — In the state of Florida, there were more than 250,000 injuries related to car crashes during 2018. While some of these injuries were minor, others left victims with lasting disabilities. Responsible parties may include vehicle manufacturers, organizations responsible for road maintenance and individual drivers at fault for the accident.
- falls — Whether you fall in a nursing home or a shopping mall, you may be able to file a claim against the owner of the premises if an unsafe environment contributed to the accident. Examples of safety concerns commonly listed in personal injury lawsuits include uneven ground, poor lighting, and slick floors.
- swimming pool accidents — Swimming pools are commonplace throughout Miami Beach. Owners of swimming pools are responsible for keeping the premises reasonably safe, whether they are private citizens or organizations. If you are injured in a swimming pool accident, you may be able to file a claim against the pool’s owner.
- dog bites — If you are bitten or otherwise attacked by a dog, the dog’s owner can be held responsible for your injuries. The same is true for attacks involving other animals.
Understanding Personal Injury Law
In order to win a personal injury case, you must be able to show that the defendant was negligent. This means that the individual or organization’s behavior failed to meet the minimum standards established by law, leaving you vulnerable to injuries.
Florida judges use the concept of comparative negligence to determine the outcome of personal injury claims in Miami Beach. Comparative negligence assigns a percentage of fault to each party and uses these percentages in the calculation of settlement amounts.
Your maximum settlement amount will be reduced based on your percentage of fault for the incident. For example, if the court finds that you were 10 percent at fault for the incident, your maximum settlement amount will be lowered by 10 percent.
In order to ensure that you are able to collect the largest possible settlement, you need to be proactive. As soon as an accident has occurred, the first thing you need to do is seek medical attention and contact the authorities.
Next, you need to contact a personal injury attorney to begin the claims process. Your attorney will be able to guide you as you collect evidence and prepare to file your claim in court.
Determining What Your Claim Is Worth
Every personal injury claim is unique, so it can be difficult to determine exactly how much your claim could be worth if you win the case.
However, you may be able to get a better idea of your settlement amount by considering different factors, such as:
- your associated expenses — Following an injury, you are likely to have medical bills, property repairs, and/or lost wages related to the incident. All of these expenses will affect your settlement amount.
- your future expenses — Many injuries will continue to impact your life long after the court case has been closed. Your estimated future medical expenses and/or lost earning ability will be taken into consideration when your settlement amount is calculated.
- your intangible losses — Injuries often lead to losses that don’t have a specific dollar amount, such as pain, suffering, loss of enjoyment, and emotional trauma. Many personal injury victims will receive additional compensation for these intangible losses.
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What Kinds Of Damages Can You Receive For A Personal Injury?
Depending on the specific circumstances surrounding your personal injury claim, you may receive a variety of different types of damages in your settlement.
Some of the damages you may receive for a personal injury claim include:
- payments to cover past medical expenses
- benefits to cover estimated future medical expenses
- payment for lost wages
- damages for lost ability to earn money
- compensation for pain and suffering
- compensation for emotional trauma and impacts on your quality of life
- punitive damages to punish the party responsible for your injuries
Why Do People File Personal Injury Claims?
As the victim of a personal injury, you may choose to file a personal injury claim for different reasons.
Some of the most common motivations behind the filing of a personal injury claim include:
- holding the negligent party responsible — Many victims choose to file a claim for the incident because they want the person or organization responsible for their injuries to be held accountable. A personal injury claim forces the party to face the consequences of their actions.
- receiving monetary benefits — Personal injury claims typically result in an award of monetary benefits to the injured party. These benefits can be used to cover associated expenses and rebuild your life after the case is over.
- ensuring that future incidents are avoided — When the negligent party is held responsible for their actions, they are less likely to be negligent in the same way in the future. This can ensure that additional incidents are avoided.
Questions To Ask A Personal Injury Attorney
Before filing a personal injury claim, it is a good idea to take some time to talk to a personal injury attorney about the details of the case.
Some of the questions to ask a personal injury attorney in Miami Beach before you decide to move forward with the case include:
- Do I meet the requirements to file a personal injury claim?
- How much is my personal injury claim worth?
- How much experience do you have representing personal injury victims?
- How long will my case take?
- Do you prefer to settle outside of court or litigate personal injury claims?
- Which of your staff members will be working on my case?
- Will you be available to answer my questions throughout the litigation process?
Personal Injury Attorneys Serving Miami Beach
The outcome of your claim can largely depend on the attorney you choose to represent you. Florin|Roebig personal injury attorneys have decades of experience in personal injury cases and are ready to assist with your claim.
Our team of lawyers serving Miami Beach includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
- Brian R. Dettman, O.C.
- Taylor D. Roebig
We Are Nationally Awarded Lawyers
Seek Help To File A Personal Injury Claim In Miami Beach
If you are thinking about filing a personal injury claim in Miami Beach, you need guidance and representation from a qualified personal injury lawyer. The experienced personal injury lawyers at Florin|Roebig will work closely with you to ensure that you have met all the requirements of Florida law and that you have the best possible chance of winning your case. Please contact our office today to make an appointment or to learn more.