At Gallardo Law Firm, a Miami personal injury lawyer can get you the justice you deserve. Here is a basic break down for personal injury cases and what we can do for you.
It is the duty of a Miami personal injury lawyer to get monetary compensation for client losses, such as lost wages, medical bills, and pain and suffering. A 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.
Gallardo Law Firm is dedicated to assisting individuals who have been injured in an accident to claim the benefits they are entitled to receive with a Miami personal injury lawyer. All our efforts and devotion is used to represent our clients. Equipped with a skilled personal injury lawyer and litigators, we 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, a premeditated offense.
The Personal Injury Miami Cases That We Cover Are:
"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.”-Find Law
The personal injury lawsuits are filed by those individuals claiming injuries caused by an accident due to the negligence or wrongful conduct of another person or entity.
Depending upon the intentional or neglectful infliction of the party responsible for the damage, the other party may be assigned to monetary compensation. The amount of compensation our personal injury lawyer may guide you to acquire will be determined by the severity of the injury. The injuries that receive higher settlements in these types of cases are those of broken bones, brain damage, and severe limb damage(s). The compensation will be obtained through a settlement agreement or a judgment after a trial.
In the state of Florida, one is required to file an injury claim in the county where the accident took place. When it comes to claims worth more than $15,000, jurisdictions apply at circuit courts in Florida. In county court, you will not be paid more than that amount.
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, a personal injury lawyer will 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 requests for admission under oath. This means that such facts are enough evidence to proof the case at trial. This is called a 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 in the trial; therefore, they could use it to contradict them.
Independent Medical Examination consists of the testimony of the health care professionals taking participation in the case. They will tell the jury if the injury suffered was related to the accident in which the parties were involved.
Several types of injuries will require consulting a Miami personal injury attorney. The skills of an experienced personal injury attorney 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 harassing you 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. A local injury lawyer is familiar with the civil courts in your area and will know what to expect from the judges. An injury lawyer who has experience litigating is the best option. Firms such as Gallardo Law Firm have already represented several clients. Also, a personal injury lawyer is knowledgeable about personal injury laws. A personal injury lawyer will have several important contacts that he/she can call upon to help with your case.
A personal injury lawyer 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 personal injury lawyer 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 personal injury lawyer will remain in contact with your doctors to 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, an injury lawyer will make sure that he is familiar with local laws.
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 personal injury lawyer will file a personal injury lawsuit. This may be the best 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 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:
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 personal injury lawyer believes you deserve to receive.