Based on our 25 years of experience as Miami personal injury lawyers, here is a guide to how personal injury cases are evaluated, and the factors that determine how much you can expect to receive from your claim.
PROVING YOUR CASE
To win a personal injury claim, a lawyer must be able to prove 2 things: (1) Liability and (2) Damages:
LIABILITY: Who Caused the Accident?
If a person or a company acts carelessly and you get hurt as a result, they have to pay for your injuries and losses. In the classic example, a driver runs a red light and hits another car. He is at fault in causing the accident, and can be held responsible for the other driver’s injuries. If the other driver was also at fault in causing the accident, the amount he can claim will be reduced accordingly.
In a typical slip and fall claim, a supermarket leaves a slippery substance on the floor, without warning signs, and a patron slips and is injured in a fall. The supermarket is at fault in causing the accident because it failed to keep the store safe for its customers. However, we have to prove the substance was on the floor long enough for the store to be aware of its presence and clean it up. It’s our job to investigate and obtain the evidence necessary to hold the other party responsible for your damages.
DAMAGES: How Badly were you Physically, Emotionally and/or Economically Hurt?
In Florida, a personal injury victim can make several different types of claims:
- Medical Bills-A negligent person (or company) which causes an accident is responsible for the payment of your resulting medical expenses, including Emergency Room, hospitalization, diagnostic testing, treating doctors, physical therapy and medication. Payment for any necessary future treatment, like surgery, is also recoverable.
- Lost Wages-If you missed time from work after the accident, the wages you lose are part of your claim. This includes wages you may lose in the future, if your injuries will prevent you from earning as much as you otherwise would have.
- Pain and Suffering/Mental Anguish-The physical pain and discomfort, and the mental anguish you experience as a result of the accident is also part of the claim
- Loss of the Capacity for the Enjoyment of Life-This claim covers the loss of ability to enjoy your hobbies and pleasures of daily living. If it was your passion to dance salsa, but after the accident you can no longer, this is a part of your claim.
ATTORNEY’S FEES AND COSTS
Every personal injury law firm, including this one, takes personal injury cases on a contingency basis. This means that we do not charge you anything unless we are able to make the Defendant pay. We will make an attempt to settle your case before filing a lawsuit and limit our attorney’s fees to the standard 33.33% of the total amount recovered. If a more aggressive approach is necessary, and we have to take your claim to court, we will, and our fee is limited to 40%.
If you have been injured in an accident, call our Miami personal injury lawyers today. Don’t delay. CALL NOW FOR A FREE CONSULTATION.
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