Miami Lawyer Handling Cases Of Distracted Driving
Distracted driving is one of the most common forms of motor vehicle negligence. Technology has made it so easy for drivers to pay attention to everything but the road. Our mobile phones are small computers that give us access to social media, text messages, email, videos, music, and more. Distractions may be ever-present, but every driver has a choice. No one needs to carry on a conversation, send an email, text, or check a status update while driving. All are examples of negligent driving. If you were injured in an accident involving a distracted driver, you could be entitled to compensation for medical bills, property damage, pain and suffering, lost wages, and more. Give us a call today at Needle & Ellenberg, P.A., to discuss your specific situation during a free evaluation. We serve clients in the Miami area and in communities throughout Florida.
Understanding Compensatory Damages
If you are injured in an accident, you will have to prove that the other party, the defendant, was negligent. You and our Miami distracted driving lawyer will have to prove that the defendant owed you a duty to act in a certain way. Their negligent actions or failure to act constitute a breach of duty. You’ll then be responsible for providing proof that the defendant’s breach of duty is the direct cause of your injuries. Finally, you’ll list out the damages that resulted from the accident.
Most personal injury damages are compensatory, meaning they are intended to compensate the injured person for any losses resulting from the injury or accident. Our Miami, FL distracted driving lawyer can assist you in itemizing your damages and help you get the settlement you deserve. A compensatory damage settlement is meant to put a dollar figure on the consequences of the accident and provide the plaintiff with some relief. Here are the different types of compensatory damages that are common in personal injury cases:
Medical Treatment
Almost every personal injury case includes payment for medical care. Oftentimes, you can be reimbursed for the treatment you’ve received, and you may receive compensation for the estimated cost of medical care that you could require in the future.
Income
Medical bills are not the only costs associated with injuries. In some cases, rehabilitation and treatment can delay your return to work, and you must account for the lost salary. There are even cases where the injuries you sustained could keep you from securing employment in the future. You may be entitled to compensation for “loss of earning capacity” if that is the case. These damages do not just cover the income that you lost, but also any potential income you may be losing out on because you can no longer perform your job duties. Our Miami, Florida distracted driving lawyer has experience determining a monetary amount that is favorable to our clients and gives them peace of mind.
Emotional Distress/Pain and Suffering
If you experienced any anxiety, sleep loss, or depression as a result of an accident, or if you’re experiencing any ongoing or chronic pain, you may be entitled to compensation. It is harder to put a number on emotional distress and pain and suffering.
Property Loss
If any of your property, your vehicle, clothes, or any other items were damaged or lost in your accident, you will likely negotiate for repairs or compensation.
Loss of Consortium
These damages relate to the impact of the losses sustained by the loved ones of the injured. For example, if a spouse experiences loss of companionship or if a child-parent relationship is impacted, the loved ones involved can be compensated.
Loss of Enjoyment
It is tragic when you are no longer able to do the things you loved, like hobbies, exercise, and other activities. Our Miami distracted driving lawyer may be able to help you secure compensation for “loss of enjoyment.” Again, this is a more emotional “damage” than physical, so the number attached to it is subjective.
If you or someone you know was involved in an accident that resulted in injury, contact Needle & Ellenberg, P.A. to get legal advice from our experienced Miami, FL distracted driving lawyer by calling (305) 530-0000 or 877-810-2864 today to schedule a consultation.
Helping You Respond to What Has Happened
You should not be punished for making the choice to drive safely. When you call us, our attorneys will take the time to listen closely to the circumstances surrounding your accident in an effort to fully understand what happened and its impact on your life. We will fight to protect your rights so you can begin to plan for a brighter future.
Litigation is costly. Our Florida lawyers are dedicated to making an investment in our clients’ cases so they can look forward to a cost-effective resolution to their case. We are also committed to full disclosure. We will carefully explain the costs associated with your case, so when it is resolved you are not presented with any surprising expenses. You will not pay us unless we recover for you.
Miami Distracted Driving FAQs
What kind of expertise does a lawyer have?
There are a large number of distracted driving accidents that are prevalent in sprawling and bustling urban areas, as a Miami, FL distracted driving lawyer knows. Activities like texting, browsing, or even merely adjusting a car’s entertainment system while driving can lead to dire consequences. A seasoned and top-rated lawyer provides unparalleled expertise, having encountered numerous case nuances specific to distracted driving. Their depth of knowledge ensures that no detail, however minute, is overlooked, providing clients with the best possible representation. They’ve witnessed firsthand the ramifications of distracted driving and are adept at holding negligent parties accountable.
Are local laws the same in each city?
Laws that concern distracted driving can vary from one city to another, so it can be hard to understand how they apply to your case. The maze of laws surrounding distracted driving can differ substantially between counties and even cities. Navigating these intricacies requires a professional well-versed in Miami’s specific regulations. An attorney specializing in this field understands the local courtroom procedures, traffic laws, and even the tendencies of local judges. This localized knowledge is paramount, as it can heavily influence the case’s trajectory and its eventual outcome. Their established relationships within the legal community can further prove beneficial, providing a nuanced approach to your case.
How does a lawyer collect evidence?
A strong case hinges on more than just presenting facts; it leans heavily on compiling compelling evidence and strategically deploying it. Specialized attorneys adeptly collect evidence from varied sources, be it surveillance footage, eyewitness accounts, or phone records. They possess the critical skills and case experience to successfully build the narrative and present it in a way that makes for a compelling case.Their expertise enables them to weave these pieces together, forming a compelling narrative that solidly stands in court. Moreover, they can discern between impactful evidence and superfluous information, ensuring that your case is both concise and forceful.
Do most cases go to trial?
A personal injury case often does not go to trial, and both parties are usually able to reach a fair settlement without further issues, as a Miami distracted driving lawyer can explain. However, without a skilled attorney’s guidance, one might inadvertently accept a settlement grossly underrepresenting their due compensation. Miami distracted driving lawyers have sharpened their negotiation skills across numerous engagements, ensuring their clients aren’t short-changed and receive rightful compensation. They possess the strategic acumen to understand when to push harder in negotiations and when to compromise, always with the client’s best interest at heart.
How can a lawyer provide me with emotional support and guidance?
Beyond the legal jargon and courtroom drama, it’s essential to remember that accidents, especially those leading to injury or loss, can be emotionally taxing. Having a professional, yet compassionate attorney to guide and support you through this challenging time can be invaluable. Needle & Ellenberg, P.A. has been an instrumental part of the Miami community, providing legal assistance to countless individuals facing the aftermath of distracted driving incidents. Our commitment to excellence, combined with our deep understanding of the local legal landscape, ensures that our clients receive top-tier representation. Contact a reliable Miami distracted driving lawyer near you so that you can receive the legal help you deserve.
Contact the Law Firm of Needle & Ellenberg, P.A., for a Free Evaluation
To discuss your legal issue with our Miami attorneys handling cases of distracted driving, contact our firm by calling (305) 530-0000 or 877-810-2864. Or, if you prefer, email us.