When Do You Need A Miami Personal Injury Lawyer?
You can file a personal injury claim and seek fair compensation for damages and losses if you have been injured through the negligence or willful behavior of others. To recover compensation, you must demonstrate the negligence of the individual at fault by providing substantial evidence. The law doesn’t permit you to call someone liable for an accident and resulting injuries unless and until you can prove the negligence of that particular individual or entity.
If you are a victim in a personal injury case such as a slip and fall or car accident, proving negligence is of utmost importance to successfully seek compensation. You need legal assistance to ensure that you move forward on the right track to prove the negligence of the responsible party.
Even if you settle out of court, you seek the complete support of a Miami Personal Injury Lawyer who specializes in handling personal injury claims.
Common Types of Personal Injuries in Miami
Slip and Fall Accidents: When an individual is hurt on another’s property due to a slip, trip or fall then it is a slip and fall accident. A slip and fall accident can cause severe consequences including broken bones, spinal cord injuries, traumatic brain injuries, and various other wounds.
Medical Malpractice: When a doctor or health care professional fails to abide by the duty of care, the result is medical malpractice. Medical negligence can cause drastic changes in the life of an individual. An improper diagnosis, treatment, or surgery may cause injuries or disability in the patient.
Dog Bite: When a dog bites an individual, then the victim may face emotional and physical trauma. Some people even develop a phobia about dogs or other pets, and may require months and years to recover. In these cases, dog owners must be careful enough to look after their dogs. If they fail to do so, they are liable for any injuries that result.
Motorcycle Accidents: Motorcyclists are most susceptible to devastating injuries when hit by another vehicle. Therefore, motorcyclists must use all safety measures and precautions that will help them to prevent severe injuries if an accident takes place. However, if an accident does happen, then a responsible party can still be held liable. Consult a Miami Motorcycle accident Lawyer who can help you in gathering necessary evidence to prove your claim.
Truck Accident – Whether it is 18-wheelers, small trucks, accidents caused by trucks can cause severe consequences. Some victims might be injured badly while others may even suffer wrongful deaths. A Miami Truck Accident Lawyer can guide you on your options before filing an injury claim.
What Is Negligence?
If a person experiences an accident and is severely injured due to the carelessness of another person or an entity, this is referred to as a negligence claim. The person or organization who acts carelessly and ends up hurting an individual is legally liable for the accident and the resulting damages.
If you are the victim of a personal injury accident and want to file a negligence claim, you need to prove some essential elements in court: duty, breach, causation, and damages.
Different Elements That You Need To Prove In An Injury Claim
- Duty
While determining an injury claim, the first and foremost step is to scrutinize if the defendant was obliged by law to provide the injured claimant some duty of care. There are several situations where the relationship between an injured individual and the at-fault person may form a legal obligation. For example, a driver’s moral duty is to drive the car safely so as not to cause an accident that harms other people.
- Breach
Even after demonstrating the defendant’s duty, a plaintiff must prove in court that the defendant breached their duty. You must demonstrate clearly, in front of the judge, that an individual who acts responsibly would not have acted in the same manner as the defendant.
Having a Miami Personal Injury Lawyer by your side can be extremely beneficial if you are required to prove the defendant’s breach of duty. They can clearly explain in court that if an individual acted in a responsible way then the accident would not have happened.
- Causation
A plaintiff must prove that the accident took place only due to the careless actions of the defendant and harm resulted. You must prove that you are suffering from injuries owing to the negligence of the defendant.
- Damages
The final and crucial element that you need to prove in a negligence claim is damages. Only when a plaintiff can successfully prove the three elements mentioned above in front of the judge, can the court award rightful financial compensation to the plaintiff for injuries. The compensation amount is intended to cover medical expenses or repairs to property, and may cover pain and suffering.
Not all personal injury victims realize they are personal injury victims. Some never seek legal counsel and go through their lives suffering in pain and incurring costs. If you are unsure what to do, how to proceed, or even if your injury can be defined as a personal injury under the law, it’s time to contact a Personal Injury Lawyer in Miami, Florida.
A skilled lawyer will provide you with an understanding about the deadlines within which you must file the lawsuit. In Florida, there are strict statute of limitations for personal injury cases. Under the statute you have 4 years from the day you have been injured to file a claim.
How Can A Miami Injury Law Firm Prove To Be Beneficial?
Personal injuries entitle the injured party to seek damages through civil litigation from the negligent, careless, or reckless party responsible. Our Miami, FL Personal Injury Attorneys can help you with your injury claim. It’s also important to note that the accident lawyers in Miami at the Nationwide Disability Representatives have dealt with many different kinds of personal injury claims. Put simply, personal injury law covers a wide range of situations, circumstances, and conditions. Our law firm will provide the strongest possible representation and the best possible advice to help you. We will stand by your side throughout the entire process. Schedule a free case consultation.