Miami Personal Injury Lawyer
A Miami Personal Injury Lawyer
Now protecting your rights
A Miami personal injury lawyer serves clients throughout South Florida with the knowledge and resources required to help them get the best outcome. The experienced Miami personal injury lawyers at Gallardo Law Firm handle cases involving personal injuries caused by Miami auto accidents, brain and spinal cord injuries, Miami premises liability, defective auto, dog bites, work accident, and much more. In order to qualify as a personal injury case, the accident must have been caused by the negligence of a person and/or an organization.
It is the duty of a Miami personal injury lawyer to get monetary compensation for the client losses, such as lost wages, medical bills and pain and suffering. A Miami personal injury lawyer has the experience necessary to practice personal injury law in Miami, and they are prepared to fight to protect their clients’ rights in civil court. Take the first step in receiving the help you deserve, and contact us today.
Miami law firm
Gallardo Law Firm is dedicated to assist individuals who have been injured in an accident to claim the benefits they are entitled to receive. All our efforts and devotion is used to represent our clients. We have been tireless fighters for the cause of justice for a few years now. Our team of skilled trial attorneys and litigators have effectively prosecuted claims related to bodily injury for countless of individuals in Miami who have suffered both physical and emotional adversity caused by carelessness, recklessness, neglect, and occasionally premeditated offense.
Under the personal injury Miami cases that we cover are:
- Traffic accidents
- Accidents at work
- Accidents in the house
- Tripping, slips and falls
- Assault claims
- Medical and professional negligence
- Defective product cases
Filing a personal injury lawsuit
The personal injury lawsuits are filed by those individuals claiming injuries caused by an accident due to the negligent or wrongful conduct of another person or entity.
Depending upon the intentional infliction or negligent infliction of the party responsible for the damage, the other party may be assigned to monetary compensation. The amount of the compensation will be determined by the severity of the injury. Within the injuries that receive higher settlements there are those of broken bones, brain damage and severe limb damages. The compensation will be obtained through a settlement agreement or a judgment after a trail.
Steps to take after an accident or injury
Looking for medical assistance
Seek medical assistance right away after you experience an accident so that your injuries can be documented early. This is important because you will need to present medical records in court to demonstrate that you have been injured.
Determine if you can handle your case on your own?
You will be able to handle your case on your own if your injuries are not severe. In these cases, insurance companies tend to offer small settlements right away to end the matter quickly. The opposite occurs when a very large settlement is warranted. Therefore, you will need a Miami personal injury lawyer if you sustained severe injuries in an accident or were the victim of medical malpractice. You need a personal injury lawyer from a firm such as Gallardo Law Firm if the insurance company’s executives are denying that their client was liable for your losses. Finally, you need a Miami personal injury lawyer if you are not comfortable conducting negotiations with powerful insurance companies.
Evaluating the Severity of Your Injuries
Insurance company executives want you to go away, so they will eagerly offer you a settlement in the beginning. If you have moderate to severe injuries that will require extensive medical care, the settlement that you accept now may not be enough to cover your medical bills later. In this case, you will need a personal injury lawyer.
Take notes after the accident or Injury and collect evidence
You must take photographs of the damages and write down what happened before and during the accident. You must have detailed information about the accident when you file your claim, and your notes will help you remember it. If there are witnesses, make sure to write down their contact information.
Where to file a civil lawsuit? Jurisdiction of the courts
If you need to file an injury claim, you must know that the state of Florida requires you to do in the county where the accident occurred, or where a defendant resides. If your injuries are worth less than $ 15,000, you can file suit in the court. Circuit courts of Florida have jurisdiction over claims valued at more than $ 15,000 damage. In the presence of the county court, you may not be paid more than $ 15,000.
Discovery process in a lawsuit
The discovery is the procedure that is performed before the trial in which both parties request and discloses the records, information, testimony, and documents related to the accident. During the process of discovery both attorneys share information about the injury lawsuit. In many cases this information has helped to settle the case out of court through mediation instead of going to trial.
- There are different ways to obtain evidence. Interrogatories, for example are questions sent from one party to the other one to be answered under oath and sent back within a certain amount of time.
- Request for production is another way to obtain evidence such as records, reports and bills to be available to the opposing party counseling.
- There are certain facts that one of the parties request for admission under oath. This means that such facts are enough evidence to proof the case at trial. This is called Request for Admission and they have to be answered in a short period of time or they will not be considered by the other party.
- Deposition takes place out of the court in which the litigant, the offender, the witness or someone else involved in the case is scrutinized by the conflicting party under oath. This proceeding will allow the lawyer to know what the witnesses are going to say at the trial; therefore, they could use it to contradict them.
- Independent Medical Examination consists of the testimony of the healthcare professionals taking participation in the case. They will tell the jury if the injury suffered was really related to the accident in which the parties were involved.
Finding a Miami personal injury lawyer
Several types of injuries will require consulting an attorney. The skills of an experienced personal injury lawyer come in handy when dealing with an accident. A Miami personal injury lawyer can develop resources that will be useful when proving your case in court. He or she can convince insurance company executives to stop stalling and move the process forward in a timely fashion. You will also have someone who can advise you on what to do or to say so that you do not jeopardize your case.
Sometimes, the claims adjuster tells you the truth when he or she says that you would not be able to obtain a higher settlement in court. However, you will not know that this is a statement of fact until you hire a personal injury lawyer preferably in your local area. Local attorneys are familiar with the civil courts in your area and will know what to expect from the judges. Personal injury lawyers who have experience litigating are generally the best option. Firms such as Gallardo Law Firm have already represented several clients, so they are knowledgeable about personal injury laws. Also, these attorneys will have several important contacts that they can call upon to help with your case.
Types of Personal Injury Claims in Miami:
- Car Accident: Car accidents can result in catastrophic injuries, including broken bones/fractures, disfigurement and spinal cord injuries, and they entitle sufferers to monetary damages.
- Work-Related Injury: Employees who work on nautical vessels have the right to sue the responsible parties if they sustain injuries on the job.
- Negligence in nursing homes: Corporations that run nursing homes must adequately supervise their employees to ensure that their patients are safe, or they can be held responsible for injuries.
- Lack of diagnosis or Misdiagnosis: Medical professionals who fail to diagnose an illness and treat it correctly can be held liable for patient injuries.
- Pharmaceutical Injury: Pharmaceutical manufacturers have marketed drugs to the public that they knew were dangerous and were required to pay large settlements.
- Surgical Error in Hospitals/Medical Malpractice: Surgeons and hospital personnel can be held liable for failing to provide patients with the level of care that is expected in the area.
- OB/GYN Errors: Parents are entitled to sue medical professionals who made errors during delivery that resulted in injury to the child.
- Wrongful Death Cases: When someone dies in an accident that someone else’s negligence caused, his or her survivors may be entitled to a settlement.
- Slip and Fall: Owners of commercial and private properties must ensure that customers and guests will be safe on the premises. If not, they can be sued for negligence.
- School and Daycare Injuries: A total of 200,000 children are hurt on school and daycare playgrounds every year, and personal injury attorneys hold these entities accountable for their negligence.
- Assault, Abuse and Other Felonies: Personal injury attorneys protect the rights of crime victims by offering them another way to make those who hurt them pay for their actions.
What you can expect from your Miami personal injury lawyer?
A personal injury attorney will visit the scene of the accident to determine who caused it. If the investigation takes place right after the accident transpired, your lawyer will be able to take pictures and gather evidence. If you were involved in a car collision, your attorney will photograph damage to the vehicles.
Your attorney will also document the progress of your injuries on a regular schedule to demonstrate how the wounds are healing. Photographs are much more valuable than your testimony because they give the jury a visual representation of your pain and suffering.
Your attorney will remain in contact with your doctors so that she can obtain your medical records when needed. If you had the opportunity to write down the witnesses names, your lawyer will be able to review their statements with them. Finally, a personal injury lawyer will make sure that she is familiar with the local laws.
Difference between Personal Injury Claim and Personal Injury Lawsuit
When an injured party formally requests payment for his or her injuries from the at-fault party’s insurance company, the injured is said to have filed a “personal injury claim.” In the best case scenario, the matter ends after successful negotiations between the injured party and the at-fault party’s insurance company. When this occurs, the adjuster and the injured party are both happy with the settlement.
When things cannot proceed as smoothly as was described above, your attorney will file a personal injury lawsuit. This may be the only course of action if the adjuster continues to deny that you were seriously injured. This leads to settlement offers that are much too low to cover your medical expenses. The answer is to file a lawsuit in civil court that will be tried in front of a judge or a jury.
Damages in personal injury cases
Damages in personal injury cases are generally classified as “compensatory,” which means that they serve to compensate the person injured for the lost caused by the injuries or accident. Compensatory awards help the injured plaintiff monetarily. However, pain and suffering as we all know doesn’t have a monetary value. Having physical limitations lingering from an accident can be very limiting and stressful. That’s why it’s wise to seek the counsel of a workers compensation lawyer.
There are a few compensatory damages frequently occurring in personal injury cases:
- Pain and suffering: You will get compensated for any severe discomfort caused by the accident or any ongoing pain afterwards.
- Lost wages: You may receive compensation when the accident impacts your salary and wages, not only the income already lost but also your future salary.
- Medical expenses: It’s important to cover the cost of medical bills associated with the accident. Personal injury damages include reimbursement for any treatment you already received and medical care you may need in the future.
- Property damage: When vehicles, clothing and other items are damaged as a consequence of an accident you will most likely receive compensation.
- Mental suffering and emotional trauma: You may also be compensated for any psychological impact caused by the accident. Emotional distress can manifest in fear, sleep loss, and anxiety.
- Loss of Consortium: This relates to the impact injuries have on a relationship. In some cases, it could relate to the inability to maintain a sexual relationship.
- Loss of Enjoyment: Some injuries may stop you from enjoying everyday activities such as exercising, hobbies, etc. If you qualify you may be entitled to “pain and suffering” damage compensation.
Compensations earned in Personal Injury Cases:
If you win your case, the judge may award you damages to compensate you for the monetary losses you sustained due to your injuries. Compensatory damages cover medical bills and lost wages. If your capacity to earn a living is diminished, you could receive a sum of money to compensate you for this loss. Gallardo Law Firm can help you get the most out of your case.
Punitive damages are meant to punish the defendant for acting badly and to discourage similar behavior in the future. For this purpose, juries have been known to award plaintiffs millions of dollars. The court determines the amount by comparing your suffering to the sum your lawyer believes you deserve to receive.
- The date that the accident occurred
- Who caused it
- The location where it transpired
- How it began
- What injuries you sustained
There are two basic categories of claimants entitled to recover in this type of lawsuit:
- The first category of claimants entitled to sue is an individual called “personal representative of the state.” Available damages are limited int his category.
- The second category is about bringing a wrongful death lawsuit on behalf of the “survivors” of the individual who died. All survivors are supposed to be included. Survivors entitled to significant damages are:
-The decedent's parents
-The decedent's children (children under the age of 25 qualify for higher damages)
-The decedent's spouse