South Miami Personal Injury Lawyers
What Is a Personal Injury Lawsuit and What Should I Do If I Have Been Injured?
Personal injury lawsuits result from an individual suffering injuries due to the negligence or carelessness of another or others. Certain time frames, known in the legal world as statutes of limitations, exist for the filing of any lawsuit. While problems with statutes of limitations are not an issue if our firm is retained shortly after an injury or death, the running of a Statute of Limitation is an absolute bar to recovery.. Because of this, if you have been injured, you should contact an attorney as soon as possible to help ensure you are not legally precluded from filing suit. Our job is to protect your rights.
Another important aspect of any personal injury lawsuit is determining who may be at fault. While this sounds like a relatively easy task, it often proves much more difficult in reality. Figuring out who owns property, who maintains the property, who provides certain services at a property, and similar issues are key to making sure all individuals and entities that might be responsible are named in a lawsuit in order to be held accountable. The same is true for vehicular accidents and other types of claims.
A lawsuit itself is initiated by the filing of a complaint in court. The complaint will be filed either in state court or federal court, depending on the parties involved in the lawsuit, the amount of money at issue, and any documents or other agreements that the parties might have executed prior to the accident. After the lawsuit is filed, litigation can continue for months and even years. It is not a quick, easy process. There are countless nuances involved in successfully litigating a personal injury lawsuit.
If you choose to represent yourself, or choose a lawyer that is not experienced in personal injury litigation, these nuances can be missed or overlooked. This can both decrease your likelihood of success and decrease your potential recovery. Because of this, you should choose an attorney that is experienced in personal injury litigation. Our firm prides itself on the fact that we move cases quickly getting you the money you deserve as soon as possible. Please remember that not every claim needs to be put into suit in order to resolve it and that the vast majority of cases settle ( in our firm over 98%) before trial. The reason for that is our reputation as always being prepared and willing to litigate a case to verdict if necessary. That reputation has served our clients well.
It is likely that expert testimony will be necessary to help prove your case. The other side will also likely retain experts to represent their interests. It is crucial to retain reliable, respected, and thorough experts, as experts frequently form a large part of the heart of personal injury cases. Our attorneys have developed strong relationships with all types of experts from all around the country and know whom to call upon for every type of case and injury imaginable.
If you have recently been injured, there are a few things that you can do right away make things go more smoothly and to increase your chances of recovering the damages to which you are entitled. First and foremost, if you are injured, seek out medical attention. Sometimes injuries are not easily seen or felt. They can nevertheless be severe. You need to make sure you know what your injuries are. Tell the doctor everything that is bothering you from head to toe, it’s the doctor’s job to determine the cause of your complaints! If you can, take pictures of your injuries or have someone take them for you. The old saying holds true—a picture is worth a thousand words. Continue to take photos as you heal and recover. If you have to go to physical therapy, we often have a session or two video-taped in order to present the hard work you did to regain your pre-accident condition.
Keep copies of all of the records related to your accident. This includes police reports, witness statements, medical records, and medical bills. Our firms obtains, stores and analyzes all this information for you as soon as we are retained and continue to do so for your entire case. These documents can be requested through a lawsuit, but the more thoroughly your attorney can understand your case at the outset, the easier the process will be. You should write down as much as you can remember about the accident as soon as you can. Details that might seem insignificant at the time can prove to be important later on, but as time goes on, you will be less and less likely to remember such details. Keep in mind, however, that this information should be kept private. While it is not secret, it should not be publicized. To that end, also do not post comments, status updates, etc., on social media websites about the accident or your condition. Insurance companies and their investigators and lawyers go through your social networking to help them prove their case.
In one of our recent cases, a plaintiff represented by another firm ( we represented the estate of someone killed while this other person had separate counsel to represent her for her injuries) lost hundreds of thousands of dollars by posting things to her Facebook page. As tempting as it is to inform “your world” about your condition, the information can be easily misinterpreted or misunderstood and used against you.
What Kind of Damages Could I Be Entitled To?
Depending upon insurance coverage, most individuals will be able to recover damages for costs related to medical treatment for your injuries. This includes reimbursement to your insurance company, but will typically also include your out-of-pocket expenses. Time off work, pain and suffering,disability and the loss of the enjoyment of life, scarring and disfigurement, future medical costs, anticipated loss of earning capacity and long-term effects of injuries are often also recoverable.
Being a part of any lawsuit can be overwhelming, intimidating, and stressful. It is important that you hire attorneys that you trust and that you like, because you will have to deal with them for months or years into the future.
Our attorneys have extensive experience handling personal injury and wrongful death claims. Partners Stewart G. Greenberg, Mark D. Stone and Dennis N. Urbano have more than 100 years of combined experience — experience that we use to protect the victims of negligence.
We have achieved significant verdicts and settlements on behalf of injured people and their families. We have pursued lawsuits in a wide range of circumstances, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bike accidents
- Boating accidents
- Slip and fall incidents
We have the knowledge and experience necessary to effectively handle your personal injury claim.
Come to our offices to discuss your claims with one of our attorneys. During our initial meeting, we will take the time to fully understand your circumstances and your legal concerns. We will answer any questions you may have, and explain the process of pursuing a personal injury or wrongful death claim. We will also explain our process, and the steps our attorneys will take to secure the compensation you need and deserve.
For a Free Consultation or case evaluation with an experienced injury lawyer, contact our offices through email or call us toll-free at (305) 595-2400.