A serious injury can have a long-lasting effect on your life. Beyond the physical pain inflicted by an accident, the cost of treatment can be overwhelming. If someone else caused your injuries, you might be eligible for compensation. An experienced Miami personal injury lawyer could help you recover the money you need.
At the Schiller Kessler Group, we pride ourselves on our record of helping personal injury victims recover the compensation they need after accidents. Learn more about how we can help during a free case evaluation.
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Miami Personal Injury Cases We Handle
Our Miami personal injury attorneys handle a wide array of cases, employing years of experience and a proven track record of success. We are dedicated to advocating for the rights of our clients and securing the compensation they deserve.
Our personal injury team in Miami includes:
- Car accident lawyers
- Truck accident lawyers
- Motorcycle accident lawyers
- Slip-and-fall accident lawyers
- Workplace accident lawyers
- Wrongful death accident lawyers
Regardless of the exact nature of your injury, our dedicated team is committed to providing personalized legal representation tailored to your circumstances. We stand by our clients, working tirelessly to achieve favorable outcomes in their personal injury claims.
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Available Compensation in a Personal Injury Claim
When evaluating a personal injury claim, it’s crucial to understand the various components that contribute to the total settlement or court award.
The breakdown typically involves:
- Medical expenses: Reimbursement for all medical costs related to the injury, including hospital bills, surgeries, prescription medications, rehabilitation, and ongoing medical treatments
- Lost wages: Compensation for income lost during the recovery period, covering the time away from work due to injury and medical treatments
- Property damage: Reimbursement for repair or replacement costs for damaged property resulting from the incident
- Pain and suffering: Compensation for the physical and emotional distress experienced due to the injury
The above list of potential damages includes both economic and non-economic losses. Understanding the available compensation is essential for both plaintiffs and their legal representation when negotiating a settlement.
In cases involving egregious negligence or intentional acts, a Florida court may also award punitive damages.
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Compensation for Wrongful Death Survivors
If your loved one tragically succumbs to a catastrophic injury, you deserve justice. Available damages in a wrongful death claim may include loss of consortium, lost services, guardianship, treatment costs, and funeral expenses.
Florida law allows certain family members to seek damages after the wrongful death of a loved one. While nothing can truly compensate you for the loss of a loved one, the verdict in a wrongful death case seeks to address the financial hardships incurred due to the deceased person’s passing.
Those identified as co-owners of a decedent’s estate may be able to seek compensation for funeral and medical expenses they have paid or are obligated to pay. This underscores the importance of legal representation after an accident.
How an Experienced Attorney Can Help You After an Injury
If you suffered an injury due to the negligent or intentional actions of another party, a personal injury lawyer can help you recover the compensation you need to move forward. After you secure the services of an attorney, they will handle every aspect of your case, freeing you up to focus on your health and well-being.
You can expect your lawyer to take various actions to recover fair compensation on your behalf. They will handle all aspects of your personal injury lawsuit or insurance claim.
You can expect your lawyer to help by taking the following actions:
- Investigating your accident to establish who is liable for your damages
- Gathering evidence to support your claim
- Speaking with eyewitnesses
- Consulting with expert witnesses
- Evaluating which damages you are able to pursue
- Calculating your claim’s value
- Filing the necessary paperwork with the appropriate parties
- Negotiating with the at-fault party’s insurance company or opposing counsel to reach a fair settlement agreement
- Fighting for you in court if necessary
Throughout the process, you can expect your attorney to keep you updated on your case. They will let you know where things stand and what to expect next. Additionally, they will present any settlement offers made by the opposing party and advise you on how to respond.
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Why Choose Our Personal Injury Law Firm?
At the Schiller Kessler Group, we understand the challenges life presents after an accident. Our team of dedicated personal injury attorneys has assisted thousands of individuals throughout Florida in securing compensation for injuries caused by negligence.
Here are a few of the ways our law firm stands out:
- Proven track record: Established in 2004, our firm boasts a wealth of experience in successfully handling various cases, from car accidents to serious incidents like truck collisions and more.
- Personalized attention: Recognizing that no two accidents are identical, our team provides tailored and individualized attention to every client. We believe in understanding the unique aspects of each case to serve our clients better.
- Aggressive legal representation: We are relentless in our pursuit of justice. Our attorneys are known for their aggressive legal representation, ensuring we hold negligent parties and their insurers accountable.
- Transparent communication: Keeping you informed is our priority. We promise prompt and transparent communication, so you’re always aware of new developments and can make informed decisions.
- Wide range of experience: Whether you’ve suffered injuries from a motor vehicle accident, a slip-and-fall, a dog bite, a work-related incident, or the wrongful death of a loved one, our attorneys have the experience needed to help you get back on your feet.
With seven conveniently located offices throughout Florida, our personal injury and wrongful death attorneys are ready to provide the aggressive legal assistance you need. Trust us to be your advocates in pursuing fair compensation after an accident.
Our Personal Injury Attorneys Work on a Contingency Fee Basis
When you hire one of our personal injury lawyers, you won’t have to worry about whether or not you can afford our services. One of the main reasons for this is that we work on a contingency fee basis. That means we only get paid if we recover compensation for you. If you don’t collect damages, we won’t collect a fee.
If we do succeed in getting you money for your injury or the death of your loved one, we will collect our fee at the end of your case. We don’t ask for a retainer fee or charge an hourly rate like many lawyers in other fields. Instead, the fee we receive is assessed as a set percentage of the compensation you recover from the liable party.
This fee is paid directly out of the settlement or court-ordered payout you collect, meaning you will never pay any money out of your own pocket. This fee structure means you can be confident that your attorney will work hard to recover as much compensation as possible. Additionally, it means that all injury victims can afford an attorney.
Establishing Negligence in a Miami Personal Injury Case
In Miami, proving negligence is crucial when pursuing a personal injury case. The process involves demonstrating four fundamental elements:
- Duty of care: The first step is establishing that the defendant (at-fault party) owed you a duty of care. This duty varies depending on the situation but generally involves acting reasonably to prevent harm to others.
- Breach of duty: Once a duty of care is established, it must be shown that the defendant breached that duty to you through their actions or inactions. This breach indicates a failure to act as a reasonable person would.
- Causation: The plaintiff (you) must prove that the defendant’s breach of duty directly caused the injuries or damages suffered. Establishing a clear link between the breach and the harm is crucial for a successful personal injury claim.
- Damages: Finally, you or your attorney must show that you suffered actual harm or damages as a result of the defendant’s negligence. This harm can include physical injuries, emotional distress, medical expenses, and other losses.
In Miami personal injury cases, meeting the above criteria is essential for a successful claim. Seeking legal counsel and presenting evidence that clearly establishes negligence strengthens the case and increases the likelihood of receiving compensation for the damages incurred.
Comparative Negligence in Florida
In 2023, Florida shifted from being a pure negligence state to using a comparative negligence rule instead. While this change does not affect all personal injury cases, it can have a dramatic effect when a plaintiff shares responsibility for an accident.
Under the previous rules, anyone injured in an accident could potentially recover compensation from another involved party as long as the injury victim was not 100% to blame. However, under the new regulations, plaintiffs are barred from claiming damages if their level of fault is above the 50% mark.
Your percentage of fault will lower the amount of compensation you are eligible to receive. For example, if you are found to be 30% responsible for your accident and your case is worth $100,000, you can only collect $70,000. Our Miami personal injury lawyers know how to build strong cases that protect your settlement.
Be Sure to File Your Lawsuit Before Time Runs Out
In the same legislation that changed their negligence laws, Florida also altered their personal injury statute of limitations. The timeframe for filing a legal claim has been reduced from four years to two years with the passing of Florida House Bill 837. If you don’t submit the necessary paperwork within this period, you may be unable to collect damages.
The best way to determine the amount of time you have is by hiring an experienced personal injury lawyer as soon as possible after your accident. Your lawyer will review the details of your case to determine whether any special circumstances apply and ensure that all the required paperwork is filed on time.
Schedule a Free Case Evaluation With a Miami Personal Injury Lawyer Today
At the Schiller Kessler Group, our team of Miami personal injury lawyers will work diligently to ensure you get the money you need from the liable party. We understand the challenges faced by injury victims and will do everything in our power to help.
Reach out to us today by completing the contact form on the right or giving us a call, and schedule a free consultation with a member of our legal team. We’ll answer all your questions and advise you on your legal options.
Contact us now to get started with a free case evaluation.