If you suffered injuries in an accident caused by another person’s negligence, you are probably angry, frustrated, and stressed. People often seek the help of a Miami personal injury lawyer to answer questions and help them recover the compensation they deserve to pay their medical bills, cover lost wages, and make up for other losses.
At the Law Firm of Anidjar & Levine, we help personal injury victims in Miami navigate the insurance claims process and recover compensation for all their damages. We fight for the payout you deserve by building a strong case and taking on the insurance company. Call us today at 800-747-3733 to schedule a free, no-obligation case analysis.
What accidents form the basis of personal injury cases?
Personal injuries occur because someone acts in a careless or negligent manner, causing others to suffer injuries. Many different types of accidents can fall into the category of “personal injury.” Some of the most common include:
- Brain injuries
- Defective Products
- Slips and falls
- Trips and falls
- Truck accidents
- Car crashes
- Spinal Cord Injuries
- Tractor trailer wrecks
- Motorcycle accidents
- Pedestrian collisions
- Premises liability incidents
- Pool accidents
- Boat accidents
- Medical malpractice
- Nursing home abuse and neglect
- Defective product injuries
- Dog bites
How do I prove negligence and liability in a personal injury case?
Since Miami personal injury claims hinge on negligence, proving the at-fault party acted carelessly is key in winning the compensation you need to cover your losses. Proving negligence requires evidence to demonstrate:
- The other party owed you a duty of care;
- They failed to uphold this duty, causing an accident;
- The accident caused your injuries; and
- You suffered financial damages because of your injuries.
The evidence required to prove negligence varies widely depending on how your injuries happened and the type of documentation available about the incident. A personal injury lawyer at our firm will work to identify the most important evidence and will collect items such as accident reports, eyewitness testimony, surveillance video, pictures from the scene, and your medical records to build the strongest possible case against the liable party.
How do I get compensation for my injuries and other damages?
We can often recover compensation for your damages without ever taking the liable party to court. We start your case by filing a third-party liability claim against the at-fault party’s homeowner’s, business, or auto insurance and work with the insurer to negotiate a fair settlement. By avoiding court when possible, we can keep the costs down for you while still maximizing the payout you receive.
In some cases, the insurance company refuses to agree to a fair settlement and your attorney will have to file a lawsuit to get you the money you deserve. Sometimes this prompts the insurance company to reconsider their previous offers and we will push to settle the case out of court. In other cases, a judge or jury hears the case and will decide liability and case value.
How are car crashes different from other personal injury claims in Miami?
As you are probably aware, Florida is a no-fault auto insurance state. Florida law requires all car accident victims first turn to their own auto insurance for coverage. If you carry the legal minimum insurance policy, you have at least $10,000 personal injury protection (PIP) coverage for your injuries and property damage after a crash.
In some cases, we can still file a third-party liability claim after a car accident. If you suffered serious injuries, we can file a claim against the at-fault driver to pursue the full value of your damages, which are often beyond the minimal coverage on your PIP policy.
If you suffered a permanent loss of function or have another permanent injury, have significant disfigurement or scarring, or suffered other major injuries, you may meet the serious injury threshold. Our team will work to prove you meet the serious injury threshold so we can pursue a third-party claim and, if necessary, file a lawsuit against the at-fault driver.
How long do I have to file a personal injury lawsuit?
Florida law sets limits on how long you have to file a personal injury lawsuit. In Section 95.11 of Florida’s state statutes, the personal injury statute of limitations is set at four years. This means you have four years to file most personal injury lawsuits. After this time, you give up your right to file a lawsuit.
Thus, get started right away, even if you are confident you can settle your case with the insurance company. If your claim goes beyond the statute of limitations, you will be unable to file a lawsuit.
What kind of damages can I recover in a Miami personal injury case?
Your lawyer will fight for maximum compensation for your personal injury claim. The key to getting the full payout you deserve is to collect receipts, documentation, and other proof of your damages. Often, these losses include:
- The cost of hospitalization, rehabilitation, and other medical care;
- Ongoing and future care costs;
- Home healthcare expenses;
- The cost of improving accessibility in your home;
- Wheelchairs, walkers, van lifts, and other accessibility products;
- Lost wages and future lost income;
- Property damage;
- Pain and suffering; and
- Other accident-related costs.
We can help you identify all possible evidence to prove your losses and can often find damages you may have overlooked via our detailed evaluation of your case and in-depth evidence collection and medical record review process.
Call Anidjar & Levine to Speak with a Miami Personal Injury Lawyer
At the Law Firm of Anidjar & Levine, we can handle all aspects of your personal injury claim. We understand what it takes to win these cases and we can help you secure the compensation you deserve. Call us today at 800-747-3733 to schedule a free case evaluation. We work on a contingency basis, so you do not owe us anything until we reach a settlement in your case.