Facing an injury after a serious accident or other unfortunate incident can be an extremely unwanted interruption in your life. A serious injury can change your life in an instant, putting you in the hospital, keeping you from working to support yourself and your family, and potentially even altering your life completely. Many “accidents” that cause these kinds of injuries are not truly an accident, and someone may be responsible for causing your injuries through negligence, through inattention, or because they failed to use the proper care or skill the situation called for.
For help filing a personal injury lawsuit and getting the help you need in Miami Gardens, contact Prosper Shaked Accident Injury Attorneys PA today. Miami Gardens personal injury attorney Prosper Shaked represents injury victims and their families and works to get them the compensation they need. To schedule a free consultation today, call our law offices at (305) 694-2676.
How to Sue for Personal Injury in Florida
When you face serious injuries that should have been avoidable, you may be able to hold certain parties responsible. Depending on how your injuries happened, there are various potentially liable parties you can take to court. Our personal injury attorney can analyze your case, help you understand whom you can sue, and explain the process of how to seek compensation for your injuries. After you decide what to do, he can also take your claim to court.
Many potential parties could be responsible in common types of personal injury cases. The driver or operator of a vehicle or piece of machinery is often responsible in cases of car accidents, truck accidents, or accidents involving other vehicles or heavy machinery such as forklifts or cranes. If you were injured because of dangerous or irresponsible conditions or defects on someone else’s property, the property manager or owner might be liable for any harm you suffered. Lastly, you could be injured because of dangerous products, medical malpractice, or negligent transportation. The manufacturers, doctors and hospitals, or transportation companies that allowed you to be injured could be held responsible for these injuries.
When you file a lawsuit, the defendant will typically try to avoid liability by claiming the accident did not happen, claiming they were not responsible, or by claiming that you were actually responsible for your own injuries. Your attorney will carry the burden of proving their responsibility, and evidence of how the accident occurred can go a long way toward proving the defendant’s negligence. Our personal injury attorney can investigate your case and present photos, records, and physical evidence of the injuries you faced to hold the negligent parties responsible.
Damages for Personal Injury Claims in Miami Gardens, FL
If the judge and jury believe your case and accept that you were injured because of someone else’s negligence, you still need to prove the injuries you faced and how these injuries affected your life. In many cases, the harms you faced are monetary harms, such as the economic damages you suffered from expensive medical bills and lost wages. You may also face less-tangible harms, such as the pain and suffering you experienced because of the injuries. You may claim any of these damages in court, as long as they stem from the accident.
When proving these damages, there are a few important tools you and your attorney can use to present the evidence and convince the jury to rule in your favor:
- Documentary evidence of the bills and expenses you faced can be presented to show the damages you faced.
- Photos of injuries and damage can help show the jury how bad the injury was.
- Hospital records and doctor testimony can highlight the damage and ongoing medical care needs you face.
- Financial experts can testify to the projected costs you will face, such as reduced earning capacity and ongoing lost wages.
- Your testimony can detail how the injuries affected your life, limited your ability to enjoy activities, and how severe the pain and suffering you face was.
Many of the damages you face are best compensated in a court of law rather than filing through insurance. While car insurance, homeowners insurance, or the defendant’s liability insurance may be able to pay damages through an insurance claim, these damages may be too low to pay for the harms you suffered. Insurance policies typically pay less than 100% of the damages you face, and you may need to pay deductibles to get the coverage. These policies also rarely pay damages for pain and suffering, which might only be available in court.
Talk to an attorney before accepting a settlement for your injuries. If the defendant or their attorney offers you a settlement, it may be lower than you deserve. Large companies will typically offer intentionally low settlements early in the case to try to end cases quickly. Cashing or depositing a check may constitute a settlement and block your opportunity to sue in court for full damages, so review your case with a lawyer before accepting any money for your injuries.
Call Our Miami Gardens Personal Injury Lawyer to Set Up a Free Legal Consultation
If you or a loved one was injured in Miami Gardens or anywhere in South Florida, contact Prosper Shaked Accident Injury Attorneys PA today. Our Miami Gardens personal injury lawyer may be able to take your case and fight to get you the compensation you need to cover medical bills, lost wages, and pain and suffering. To schedule your free legal consultation, call our law offices today at (305) 694-2676.