After an accident that results in injury, victims in Miami should seek legal help right away. Our lawyers can help you bring a claim against a negligent party so that you can recover the compensation you deserve.
Call our attorneys immediately if you were recently injured in an accident caused by a negligent party in Miami. Our lawyers can determine if you have reason to bring a compensation claim against a negligent party and help you proceed with a personal injury lawsuit. In addition to contacting our lawyers, victims should also report their injuries and get immediate medical attention. After you create this evidence, our attorneys can use it to build your case, file a lawsuit within the statute of limitations, and prove a defendant’s fault. When successful, victims can recover considerable compensation in a personal injury lawsuit in Miami.
Our attorneys are dedicated to helping victims hold negligent parties accountable. For a free case evaluation with the personal injury lawyers at Rivkind Margulies & Rivkind, P.A., call today at (305) 204-5369.
When to Call Our Personal Injury Lawyers in Miami
Immediately after sustaining injuries in an accident in Miami, victims should call our attorneys. Our personal injury lawyers can assess your case to determine if you have a valid compensation claim against a negligent party in Miami.
Do not hesitate to contact our attorneys after an accident in Miami that results in injury. Our lawyers handle a wide range of personal injury lawsuits, including those that arise from boat accidents, car accidents, and cruise ship accidents.
After an incident that causes you injury, you might be unsure if another party is at fault. In certain accidents, it can be difficult to determine who is to blame for a victim’s injuries, making it harder for a victim to bring a compensation claim against a negligent party.
When you seek help from our personal injury lawyers, we can immediately investigate your case to determine who is responsible for your injuries. Once fault is properly assigned, our attorneys can help you file a lawsuit against a negligent party so that you can start on the path to recovery in Miami.
Waiting too long to seek help from our lawyers after an accident that results in injury can lead to additional financial stress and other difficulties for victims. The sooner you reach out, the sooner our attorneys can begin building a strong compensation claim against an at-fault party and move forward with a personal injury lawsuit.
Steps to Take After Sustaining an Injury in an Accident in Miami
After an accident that causes you injury in Miami, there are several things you should do. Victims should immediately report their injuries so that an accident is properly documented. Then, victims should seek medical attention as soon as possible so that there is medical evidence of injuries and their likely cause. Taking these steps can strengthen your future claim against a negligent party in Miami.
Report Your Injuries
In order to file a successful compensation claim against a negligent party after an accident, it is important for victims to document their injuries. Reporting an accident is crucial so that you can create documentation of negligence. Depending on the circumstances of a recent incident, calling the police may be prudent and may even be required. For example, if you were injured in a boat or car accident, you may be legally required to report your injuries to local law enforcement officials in Miami.
If you were injured on a cruise ship, for example, reporting your injuries to the police may not be possible. In that case, victims should report an accident to a cruise ship company, preferably in writing, so proper documentation exists. Ask our personal injury lawyers for clarification if you have difficulty identifying who you should inform of a recent accident.
Seek Medical Attention
Seeking immediate medical attention after an accident of any kind is crucial. Even if your injuries appear minor initially, they may worsen over time and require compensation. When you go to the hospital, medical professionals can assess you and identify injuries you might have missed. Getting medical care right away creates documentation of your injuries that can be helpful evidence in a personal injury lawsuit against a negligent party in Miami.
In addition to seeking immediate medical attention, victims should also get continuous care. Defendants might attempt to use gaps in your medical treatment to undermine your compensation claim. To prevent that from happening, be sure to heed doctors’ advice, follow all treatment plans, and maintain any appointments you might have with specialists.
The Filing Deadline for Personal Injury Claims in Miami
After an accident in Miami, victims only have a certain period of time during which they can bring a compensation claim against a negligent party. Fail to meet the filing deadline, and you may be barred from recovery via a personal injury lawsuit.
For personal injury cases based on negligence, victims only have several years to file a lawsuit. According to Fla. Stat. § 95.11(3)(a), victims in Florida have four years from the date of injury to bring a compensation claim against a negligent party. Compared to many other states, this is a relatively long period. However, it is important to note that filing a lawsuit quickly is important, regardless of the time you technically have to bring a claim.
When victims wait to file a personal injury lawsuit in Miami, it may appear as though their injuries and damages are insignificant and do not warrant litigation. Postponing a lawsuit might negatively impact victims in other ways as well, as doing so might delay their access to potential compensation. Injuries arising from serious accidents might include traumatic brain injuries and other catastrophic injuries that require expensive medical treatment. Although victims do have four years to decide whether or not they want to file a lawsuit in Miami, waiting might cause additional financial problems for them.
Our personal injury lawyers can start building a case right away so that you can bring a claim quickly and well within the statute of limitations in Miami. This can improve your chances of success regarding recovery.
Evidence in a Miami Personal Injury Claim
Proving fault in a personal injury claim in Miami requires dedication and evidence. Our attorneys can investigate your case to uncover helpful evidence of fault against a negligent party so that you can recover the compensation you deserve after an accident.
The burden of proof standard used in personal injury cases in Miami is known as a preponderance of the evidence standard. Essentially, our personal injury lawyers must prove that it is more likely than not that a negligent party caused your injuries. Our attorneys will strive to compile ample evidence of fault to meet this burden of proof. Depending on the specifics of your accident, different forms of evidence may be used against a defendant.
Generally, our attorneys will use a combination of medical records, security camera footage, photographs, and eyewitness testimony to prove that a negligent party caused your injuries in a personal injury lawsuit.
Gathering evidence immediately after an accident is crucial so that our attorneys can start building a case with a substantial amount of helpful information that can then strengthen your claim. Victims can do this by reporting their injuries and seeking medical attention so that evidence of an accident, its cause, and its ramifications is readily available to use in a personal injury lawsuit in Miami.
Importance of Proving Fault in a Personal Injury Lawsuit in Miami
In order to recover compensation of any kind in a personal injury lawsuit in Miami, victims must prove a negligent party’s fault. However, there is a caveat victims may be unfamiliar with. Florida is a pure comparative fault state for personal injury claims, meaning victims’ damages may be reduced if they share liability for their injuries.
Suppose victims do not seek help from our experienced personal injury lawyers and cannot prove a negligent party’s fault in a compensation claim. In that case, they will not be able to recover compensation for damages. Although the burden of proof standard in personal injury claims may be lower than what victims anticipate, it can still be difficult to meet. Not proving fault will likely result in victims not recovering compensation of any kind, which can cause additional financial troubles for victims in Miami.
It is not enough to prove that a defendant contributed to your injuries. Florida is a pure comparative fault state. Even if a negligent party shares liability for your injuries, and such is proven in a lawsuit, it must be clear that you did not contribute to your injuries yourself. If this aspect of a personal injury lawsuit is not considered, victims’ damages might be reduced in proportion to their liability. Our personal injury lawyers can anticipate a defendant’s arguments regarding comparative fault so that your access to compensation is unaffected in Miami.
Compensation for Injury Victims in Miami
As a victim, you may be able to recover considerable compensatory damages in a lawsuit against a negligent party. Compensation is never guaranteed, which is why it is important for victims to enlist help from our experienced and reliable attorneys for their personal injury claims in Miami.
Economic Damages
After an accident, you may be recovering from serious, life-altering injuries. Common accident injuries often require expensive medical treatment and may leave victims unable to work and earn an income for a significant period of time. The financial impact of a negligent party’s actions can be profound, seriously affecting a victim’s economic stability in the aftermath of an accident in Miami.
Often, victims can recover economic damages in a personal injury lawsuit. Economic damages seek to compensate victims for the financial losses they have incurred because of a defendant’s negligence. This generally includes compensation for medical bills, lost wages, and other out-of-pocket expenses. Our personal injury lawyers can compile proof of damages so that you can recover total compensation for all financial losses due to an accident in Miami.
Non-Economic Damages
Victims of accidents caused by negligent parties might experience serious emotional difficulties following an incident. For example, it is not uncommon for victims to experience depression, reduced quality of life, anxiety, pain and suffering, and post-traumatic stress disorder after an accident that results in injury in Miami. The impact of a negligent party’s actions on your mental and emotional well-being should not be underestimated.
Because of this, victims in Miami can often recover non-economic damages in a personal injury claim. Unless your claim is due to medical malpractice, there is no limit on recovery for non-economic damages in Florida. In order to provide proof of damages, our attorneys may ask you to keep a journal detailing the impact injuries have had on you emotionally or advise you to seek help from a therapist.
Punitive Damages
In some personal injury cases in Miami, punitive damages may be available. When a defendant’s actions are malicious or grossly negligent, the court may see it prudent to apply a punishment of sorts. Punitive damages are not used to compensate a victim for financial or emotional damages, but to punish a defendant for wrongdoing.
That said, punitive damages are not always available to victims. If your claim is against a large entity, such as a cruise line, you may be more likely to recover punitive damages in a personal injury lawsuit in Miami. Currently, the cap on punitive damages for victims in Florida in most cases is three times the amount of compensatory damages awarded in a lawsuit or $500,000, whichever amount is greater, according to Fla. Stat. § 768.73(1)(a). Upon assessing your case, our personal injury lawyers can determine if you are likely to recover punitive damages in a lawsuit against a negligent party in Miami.
Call Our Lawyers About Your Miami Personal Injury Claim Today
If you were recently injured in an accident in Miami and require compensation, call our attorneys. For a free case evaluation with the personal injury lawyers at Rivkind Margulies & Rivkind, P.A., call today at (305) 204-5369.
