Personal Injury Lawyer
Seek Recovery After An Accident
If you or a loved one has suffered physical harm due to another’s actions or inactions, it may benefit you to speak with our respected Miami, FL personal injury lawyer as soon as you can. Chances are that you are feeling overwhelmed right now, and speaking with an attorney may not be at the top of your list of priorities. Yet, as making this effort can help you to protect your interests and possibly result in a significant compensation award, it is an effort worth making.
At the Law Offices of Needle & Ellenberg, P.A., we understand that injury victims and their loved ones often deal with a great deal of stress in the aftermath of accidents and intentionally harmful situations.
Understand that our team will treat you and your case with great respect, care, and consideration, so that you can focus on healing while we work to secure the maximum amount of compensation to which you are rightfully entitled, such as in a recent case in which we won $7,000,000 for a woman in Osceola who had been the victim of a car accident victim and suffered partial quadriplegia.
Contact us today to request your free consultation and discover how we can help.
Table of Contents
Benefits of Hiring Our Firm
Needle & Ellenberg, P.A., is recognized as being a leading law firm in Miami, Florida. When you choose to hire our lawyers to fight your case, you can feel confident in knowing that we:
- Have represented clients in thousands of personal injury cases
- Possess a track record of helping the injured
- Settle for maximum damages
- Will go to trial if we cannot reach a settlement
- Understand how to negotiate with insurance companies
- Remain focused on listening to you
- Will keep you updated with your case and its’ progress
- Will fight for you
- Will deliver the best results possible
We are recognized as a leader in its field by our peers and renowned legal organizations. We believe that is a proud testament to our legal ability; however, we are even more proud of our strong recommendation from previous clients.
When Should You Reach Out Your Personal Injury Lawyer
Following an accident you should get immediate medical treatment, this not ensures you are okay, but to also make sure all of your injuries are validated. It is prudent you tell the doctor about any pain you are feeling – regardless of how miled it might be. It may also be a good idea to document all of your treatment. Even if you are in doubt about seeing a doctor, you should do so. Failure to get any medical treatment might result in your inability to recover compensation.
It is also important to speak with a personal injury law firm as close to the time of the injury as possible. These claims must be filed by the statute of limitations in Florida. If it is not, it will likely be thrown out by a judge.
We understand what needs to be done to get results. Let us help you. Call Needle & Ellenberg, P.A., to speak with our Miami personal injury law firm now.
Cases In Which The Victim Shares Fault
Sometimes, those who have been hurt as a result of others’ conduct are hesitant to assert their rights because they know that they were partially to blame for their own harm.
Consider, for example, a motorist who was injured after being struck by a drunk driver. They are confident that they wouldn’t have been struck if the impaired driver had been driving sober and safely. However, they also know that they had turned around in their seat to retrieve a dropped bottle for a toddler just before impact. As such, they may worry that this momentary distraction could bar them from seeking compensation from the drunk driver who hurt them and their child.
Florida honors a legal theory known as “pure comparative negligence.” This means that injury victims are entitled to pursue damages from other at-fault parties, even if they were between 1-99% to blame for their own harm. The consequence of being partially at fault for one’s own injuries is a reduction in the amount of compensation that a plaintiff may be awarded.
If, for example, the value of a plaintiff’s harm is $200,000 and they are deemed to have been 10% to blame for their injurious circumstances, they may “only” pursue $180,000 from other parties liable for that harm. As such, it’s often still a good idea to take legal action in the event of partial liability, because injury victims can often still benefit from sizable compensation awards.
Building Your Case
Before we can start building the strongest possible personal injury case on your behalf, we’ll need to confirm that you have strong grounds upon which to take legal action. Every personal injury case is unique and is uniquely impacted by Florida’s personal injury laws.
This is just one of the reasons why it’s important to connect with a reputable personal injury lawyer before making any assumptions about how strong or weak your case might be, specifically. Once we’ve evaluated your circumstances, we’ll be able to assert whether your circumstances warrant a lawsuit and a sizable compensation award.
With that said, some general rules apply to most personal injury cases that you can use to broadly assess whether you may be in a position to hold another party accountable for the harm that you’ve suffered.
For example, most personal injury cases – including car accidents, truck accidents, and acts of intentional harm – require that the following three elements be met before an injury victim can recover compensation.
Duty Of Care
The defendant (person being sued) must have owed the plaintiff (injury victim or the surviving loved one of an injury victim who died due to their injuries) a duty of care under the law.
This is a legal term that essentially means that the defendant was under some kind of legal obligation to treat the safety of the victim with a degree of care. For example, all motorists are required to operate their vehicles safely – in part – because in doing so, their behavior poses less of a risk to fellow travelers.
Breach Of That Duty Of Care
It must also be proven that the defendant breached the duty of care owed to the plaintiff. Meaning, that they failed – either due to their actions or inaction – to uphold the care for the plaintiff’s safety that the law required of them.
For example, when a motorist texts behind the wheel, they are actively disregarding the law’s requirement to operate their vehicle safely for the benefit of all.
Causation Of The Victim’s Harm
Finally, it must be proven – in most cases – that the defendant’s breach of care directly caused the plaintiff’s harm. This can be difficult if an injury victim doesn’t seek a medical evaluation after being harmed, as a defendant may argue that their injuries were sustained as a result of some other cause.
In a classic personal injury scenario, a plaintiff would argue that the injuries they were treated for in the immediate wake of a crash caused by the defendant were caused by the defendant’s actions that inspired the wreck in question.
Complex Cases, Complex Legal Requirements
With all of this said, not every personal injury case is strictly held to these specific standards. Some specialized cases, including certain product defect scenarios, premises (property-related) liability matters, and medical malpractice cases are held to slightly different standards.
For example, some product defect cases can be pursued under a strict liability theory in which plaintiffs don’t have to prove the negligence of a manufacturer to be awarded compensation.
Additionally, medical providers cannot necessarily be held liable for negligence unless they also deviate from the professional standards of care by which they are bound.
Common Types Of Personal Injury Cases
Depending on your circumstances, it can be helpful to know the most common scenarios that inspire others to connect with our experienced Miami personal injury lawyers.
That way, if you’re unsure of whether a recent situation that has affected your family may be legally actionable as discussed above, you can get a stronger sense of whether giving our team a call is an effort that is worth your while. Below are listed some of the most common case types we take on.
Serious collisions involving one or more vehicles occur every day in the U.S. Some are caused by factors outside of anyone’s control, but most are caused – at least, in part – due to the negligence of at least one party. Because the cause(s) of a wreck may be largely or totally “invisible,” it’s often necessary to thoroughly investigate the circumstances of a wreck before an injury victim can build the strongest possible case for compensation.
The aftermath of truck accidents can be uniquely complex, as additional players – including a truck operator’s employer, those tasked with loading truck cargo, and even those charged with ongoing maintenance of a large commercial truck – can serve as potentially liable parties in addition to any truck operator involved in a particular wreck. The complexity of a truck crash’s aftermath tends to make proper legal representation particularly important for injury victims.
When consumer goods, industrial machinery, air bags, and even medication is either unreasonably dangerous when used as intended, or are in some way defective, those who are harmed may potentially hold manufacturers and others in the chain of commerce accountable. Similarly, failures to properly label products as unsafe can lead to liability under certain circumstances.
- Premises Liability
When people slip and fall, are bitten by dogs, are attacked in low-light areas, or otherwise suffer harm due to unreasonably dangerous property, they may be in a position to hold a property owner accountable for their injuries.
From birth injuries to surgical errors, failures to diagnose conditions to failures to properly treat patients, physicians and other medical providers may potentially be held liable for medical malpractice. Patients generally have grounds to seek accountability when a failure to provide a professionally acceptable standard of care results in preventable harm or the exacerbation of harm that isn’t preventable.
- Work-Related Harm
Some work-related harm is caused not by employers, but by third parties. If a work-related crash, a defective piece of industrial equipment, a violent coworker, or a host of other third-party influences results in work-related harm, a personal injury lawsuit may be warranted.
When a victim of another’s conduct dies as a result of their injuries, their surviving loved ones may be empowered to take legal action against those responsible for that loss of life. Wrongful death cases are among the most emotional matters that we handle. If you have lost a loved one due to another’s choices, know that we will treat the memory of your loved one with the utmost respect as we pursue justice on behalf of their memory and those whom they left behind.
Miami Personal Injury Infographic
Miami Personal Injury Statistics
Personal injury lawsuits are a significant portion of U.S. civil cases, with motor vehicle accidents comprising 52% of claims. Other common causes include slip and falls, medical malpractice, and product liability.
Studies show that 95% of personal injury lawsuits settle before trial, often due to cost and time efficiency. Awards vary widely, with settlements averaging between $3,000 and $75,000, depending on the injury’s severity and case specifics.
In malpractice or catastrophic injury cases, awards can reach millions. Legal representation is recommended, with most Miami personal injury lawyers working on contingency fees to assist injured parties in seeking compensation.
Personal Injury FAQs
The aftermath of an injurious situation can be confusing and overwhelming. If you feel like you have a million questions, you’re certainly not alone. The following are some of the questions that our Miami personal injury lawyer team is asked most often by those in need of assistance.
Will I Have To Go To Trial?
The vast majority of personal injury cases – nine out of 10, by some estimates – settle out of court. This means that there is a very real chance that you won’t have to go all the way to trial before you’re awarded fair compensation for your harm by a liable party. With that said, we’ll prepare to be successful at trial, just in case your matter is best served by that course of action.
Should I Call You Or My Insurance Company First?
It’s wise to avoid speaking with insurance claims adjusters until you’ve received personalized guidance about your rights and options. Because insurance companies operate as for-profit enterprises, their priority is making money, not extending you a fair settlement offer. Employees of insurance companies may even be trained to reject or minimize the value of your claim if at all possible. Talking to us first can help you to protect your rights and interests moving forward.
What Is My Case Worth?
All personal injury cases are unique. Therefore, the value of what victims are owed is unique. We’ll calculate the value of your case after evaluating the cost of your medical care, lost wages, and other objective losses. We’ll also factor in non-economic harm, such as pain and suffering, before arriving at the value of your harm.
How Will You Determine Whether I Have Grounds For Legal Action?
Oftentimes, we need to thoroughly investigate an injury victim’s circumstances before we can say with certainty whether pursuing legal action is warranted. Other times, the need to file a lawsuit is obvious. Every case is different. Trust that we will be straightforward with you when articulating what, if anything, we’ll need to do to assess the viability of your case.
What Do I Need To Do Now?
The first step in the process of pursuing compensation for harm is to seek legal guidance. Once we’ve been alerted to your need for assistance, we’ll provide you with personalized feedback concerning the next steps. For example, we might ask you to provide us with copies of photos taken at an accident scene, medical records related to your harm, or the contact information of your insurance company.
Miami Personal Injury Glossary
At Needle & Ellenberg, P.A., we are committed to helping injury victims in Miami, Florida, seek justice and recover compensation after suffering harm due to another’s negligence. As experienced personal injury lawyers, we are here to explain the legal terms often encountered during the process. Below, we define some of the most important terms to help you better understand your case.
Duty Of Care
Duty of care refers to the legal obligation to act responsibly and avoid actions that could harm others. In personal injury law, this duty applies to individuals, businesses, and organizations. For instance, drivers owe a duty of care to others on the road by following traffic laws and avoiding distractions. Similarly, property owners are responsible for maintaining safe conditions on their premises.
Imagine a pedestrian who is hit by a driver running a red light. The driver’s failure to stop at the light constitutes a breach of their duty of care, making them potentially liable for the injuries caused by their negligence.
Comparative Negligence
Florida follows the principle of comparative negligence, allowing injury victims to recover compensation even if they share some fault for the incident. The total compensation is reduced by the percentage of fault assigned to the victim.
For example, if a cyclist is injured in a collision with a distracted driver but is found to have contributed 20% to the accident by not signaling a turn, their compensation might be reduced by that percentage. If their damages amount to $50,000, they would recover $40,000. This principle often provides victims with the opportunity to seek meaningful compensation, even in cases where they share some responsibility.
Causation
In personal injury cases, causation is the link between the defendant’s actions and the harm suffered by the plaintiff. Proving causation is essential to hold the defendant accountable for damages. Without it, the defendant cannot be held liable for the injuries.
Consider a scenario where a landlord fails to repair a broken staircase, and a tenant falls and sustains a serious injury. To establish causation, it must be shown that the unsafe condition of the staircase directly caused the tenant’s injuries. This connection is critical in building a successful personal injury claim.
Non-Economic Damages
Non-economic damages address the intangible losses an injury victim experiences, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective than economic damages like medical expenses and lost wages but are equally significant in reflecting the full impact of an injury.
For instance, after a severe car accident, a victim may struggle with chronic pain or anxiety that affects their quality of life. Non-economic damages provide a way to recognize and compensate for these profound personal losses.
Premises Liability
Premises liability holds property owners responsible for maintaining safe conditions on their premises. If hazardous conditions, such as slippery floors or poor lighting, cause harm to visitors, the property owner may be liable for the resulting injuries.
A common example is a grocery store failing to clean up a spill, leading to a customer slipping and breaking a hip. In such cases, the injured party may file a premises liability claim to recover damages for medical bills and other losses.
At Needle & Ellenberg, P.A., we strive to support Miami residents in understanding their legal options and pursuing justice after an injury. If you or a loved one has been harmed, contact us today to discuss your case and explore how we can help you move forward.
Needle & Ellenberg, P.A., Miami Personal Injury Lawyer
3350 Mary St 1st Floor, Miami, FL 33133
Contact Our Miami Personal Injury Lawyer Today
You are not alone.
All too often, injury victims feel isolated as they work to heal from the harm that another has caused them. Bills may pile up and worries may become overwhelming. If you or a loved one is struggling after being injured by another’s choices, know that you may have options.
You may be entitled to compensation.
Our dedicated legal team at the Law Offices of Needle & Ellenberg, P.A. has been recovering compensation on behalf of injured Floridians just like you for years. Allow our experience and reputation to work to your advantage. Focus on healing while we focus on maximizing your compensation.
To learn more and to speak with our Miami personal injury lawyer, call (305) 530-0000 today.
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