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A Personal Injury Lawyer in Miami FL

Injury Lawsuits

Personal Injury Lawyer Miami FL When you need a personal injury lawyer Miami FL residents trust, the legal team at Needle & Ellenberg, P.A. is here to help. Personal injury claims can be very complex which is why victims may find it beneficial to seek assistance from a skilled legal professional. The process of finding a personal injury lawyer Miami FL respects may be intimidating to many so we make this process as transparent and simple as possible for accident victims. Here are some issues that may be important to discuss with your personal injury lawyer in Miami FL before hiring them:

Experience

Experience can be an important qualification to consider when looking for a lawyer. Review their years of experience practicing personal injury litigation. Also review their experience handling cases similar to your own. Taken together, these factors can help you determine whether or not that attorney is right for you. Injury cases stemming from medical malpractice, for example, can be very different from cases involving a car accident. At Needle & Ellenberg, P.A., we can offer a top personal injury lawyer Miami FL can provide. Our attorneys’ experience and legal knowledge can provide you peace of mind during the litigation process.

Expected Settlement or Outcome

It is also wise to talk with a potential Miami FL personal injury lawyer about their expectations for your case. Some accident victims are willing to accept a settlement that is lower than what they desire, primarily because they want to settle the case quickly. Others may wish to pursue a higher settlement — no matter how long it takes. It is probably helpful to talk with your lawyer about your goals for your case and how he/she expects the case to be resolved. It may also be possible for the insurer and the injured claimant to reach a settlement agreement before the case even goes to trial. Discuss this possibility with any lawyers you meet with prior to signing a contract. A seasoned lawyer will likely have experience with negotiating settlements and may be able to win you as much or more than you can expect to win in a courtroom.

If You’ve Suffered an Injury, You Need Not Suffer Alone

If you’ve suffered an injury due to someone else’s negligence, your primary focus should be recovery.  In a perfect world, you shouldn’t have to chase people down for their insurance information. Nor should you spend hours on the phone with the WC department or an insurance adjuster. After all, you were the one who was injured. Why should you be expected to beg for the dignity and compensation you deserve?  Between medical bills and getting back to work, there is enough on your plate already. If you or a loved one has been hurt, it’s time to reach out to a personal injury lawyer in Miami, FL. Trusted law firms like Needle & Ellenburg, P.A. are there to help you get justice and lighten your load. They’ve been navigating the legal field for decades, and they have the knowledge, resources, and experience to advocate for your compensation. If you’ve ever wondered how an attorney can help your case take this into consideration.

Lawyers Save Time and Money 

Whether it is a motor vehicle accident, Worker’s Compensation claim, or another injury, seeking compensation can be very time-consuming. Getting in touch with the necessary parties can lead to long lines, and frustrating hold times on the phone. Not only is this stressful, but it may even get in the way of your income assuming you are well enough to return to work. With a personal injury lawyer in Miami, FL on your side though, you can rest easy knowing that these administrative tasks are covered. Not only do they take on the time investment for you, but their title, knowledge, and experience are far more likely to get results. 

Lawyer’s Know the Process 

The combined experience of Needle & Ellenburg, P.A. makes them well equipped to handle whatever your case throws at them. There is very little that you can throw at them that they have not already seen. This includes appealing denied Worker’s Compensation claims and getting in touch with that insurance adjuster who has been dodging your calls. They’ll also be able to analyze the circumstances of your case so that they can advise you on the best course of action. If you or a loved one has been injured, it may feel like the whole world is against you. A good attorney understands this. They’ll stand by your side and fight their hardest to secure a favorable outcome for you.

How a Personal Injury Lawyer Miami FL Offers Can Help

Once you have chosen the personal injury lawyer in Miami FL who you want to represent you, it is important to understand just what he or she can do for you. When a victim has been injured, whether it is a motor vehicle accident, premises liability case, or another type of accident caused by someone’s negligence, the victim may be able to pursue financial damages. A personal injury lawyer Miami FL clients recommend can discuss with you the types of damages you can recover. Typically, damages are classified in two categories, referred to as economic and noneconomic damages. Learn about Liability Issues. Economic damages are those losses that have a monetary amount and which is verifiable. These can include:
  •         Past, present, and future medical expenses.
  •         Loss of income, including past earnings and future earnings. This can also include loss of employment if the victim is unable to perform their job duties because of the injury, as well as loss employment opportunities, such as promotions.
  •         Loss of domestic services, such as a parent’s inability to take care of their children and perform household chores because of their injury.
Noneconomic damages are those losses that do not have a tangible dollar amount associated with them. Examples of these losses include:
  •         Pain and suffering.
  •         Emotional anguish or distress.
  •         Loss of enjoyment of life.
  •         Loss of companionship.
  •         Loss of consortium.
In some personal injury cases, punitive damages may also be awarded. Punitive damages are not compensation for a loss. Instead, these damages are awarded as punishment and are meant to send a message that the behavior or actions of the defendant will not be tolerated by society. A personal injury lawyer Miami FL trusts will be able to determine if your personal injury case qualifies for punitive damages.   personal injury infographic

Recreational Activities Resulting in Injuries

Your mother may have warned you, “it’s all fun and games until someone gets hurt!” With a myriad of recreational activities in the region available year-round, what happens if you get hurt when you’re supposed to be having fun?

Boating Injuries

If you suffer an injury while you are a passenger on a boat, you may be entitled to damages, including compensation for medical bills, lost wages, and pain and suffering. However, injury claims arising from boating accidents can be complicated depending on the factors contributing to the accident. Discussing the details of the boating accident and the harm it caused with a personal injury lawyer in Miami FL, is the best way to assess your case. Federal and state laws dictate where, when, and what types of boats can operate in certain waters. Boat owners and operators are expected to understand and abide by these rules, and when failing to do so jeopardizes the safety of people on board, their assets and insurance may be able to provide coverage to compensate you for your injuries. Experienced attorneys at Needle & Ellenberg, P.A. are here to understand the details of your boating accident and fight on your behalf so you can focus on your recovery and move on with your life.

Injuries at Recreational Facilities

From leisurely airboat rides among the alligators to extreme sports like parasailing and wakeboarding, there is no shortage of unusual opportunities for fun and adventure in the region. But when you’ve paid a company to provide an experience and that experience results in an injury, you may need to consult a personal injury lawyer in Miami FL, to review your case. If, for example, your injury results from a recreational facility failing to post warning signs, to adequately secure equipment, or to make sure guests are properly fitted with appropriate safety gear, the facility may be found negligent and required to reimburse you for medical bills, lost wages, and other damages. The lawyers at Needle & Ellenberg, P.A. will assess your case and determine if you may be entitled to compensation. Any information you can gather in advance will help support your claim, and your lawyer may be able to help obtain additional documentation and evidence, such as witness statements and security footage, which can play a role in securing a larger settlement. Contact a personal injury lawyer in Miami FL, today to help you understand your options.

What Happens Once My Personal Injury Lawyer Miami Fl Provides Files for Damages?

Your attorney will file the complaint (also referred to as a petition) with the court. This complaint will outline your case against the at-fault party, who will be notified of your complaint. The next step in the process is the gathering of evidence which is known as discovery. This often involves depositions and the presentation of documentation from both sides. There is often a flurry of motions that are made, including the at-fault party’s legal representation requesting the complaint be dismissed. Depending on how the discovery process has gone, this can also be the stage where settlement negotiations begin. If both parties can come to an agreement, then there is no need for the case to be litigated in court. If a settlement cannot be negotiated, then a trial date will be set by the court. It will then proceed to trial and a jury will decide if the victim is entitled to damages and how much those damages should be.

The Stages of a Personal Injury Case

When you have been injured in an accident caused by someone else’s negligence, Florida law allows you to pursue a personal injury claim to seek compensation for those losses that you have suffered. A personal injury lawyer can help you obtain a settlement or award for both economic and noneconomic damages you have suffered. Although you may be tempted to try to pursue compensation without an attorney, the truth is that these types of legal cases can be complicated and difficult to obtain a fair and just amount if you are not familiar with navigating through the legal system. The following are the steps that a Miami FL personal injury lawyer can assist you with:

Filing Your Claim

The first step after an accident is to file a claim with the at-fault party’s insurance company. This usually includes all exchange of information with the parties that were involved, as well as any police reports from the incident. The other party’s insurance company will be looking for you to provide information that shows their customer was the one who caused the accident which injured you. Depending on the situation and details of the case, the insurance company may offer you a settlement right away. Accepting any settlement means you are waiving any future legal action for your injuries. This is why it is best to have a personal injury lawyer determine if this settlement amount is appropriate for the losses you have sustained, as well as any you may still have in the future. At some point, the settlement negotiations may break down. This usually happens when the insurance company is not negotiating in good faith or they are trying to get the injured victim to admit some liability. When this happens, the next legal step is to file a personal injury lawsuit.

Filing Your Lawsuit

Litigation can be time-consuming and stressful. This is why it is usually the last resort that victims turn to. Once the case has been filed with the court, both parties will now be legally responsible to provide each other with requested documentation. While the preparation for litigation takes place, it is quite common for negotiations to resume again and there may even be settlement offers from the insurance company. Your lawyer can help determine if these are fair settlements or if you should proceed with the trial. Once the trial begins, both sides will present their case to the jury who will decide which side has proven their case. Unlike criminal court, which requires proof beyond a reasonable doubt, civil litigants only need to prove that a preponderance of evidence exists. The jury decides if the victim was injured because of negligence on the part of the party being sued and if so, how much the victim should be awarded.

FAQ: How Do I Know If I Have A Claim?

Whether you have a personal injury claim or not is a legal matter. That’s why you should seek an attorney who will work alongside you to walk you through the process of filing your claim. But a quick and easy way to breakdown whether you have a potential claim or not is to know the following information:
  1.   The “at-fault” person is under a duty to do, or not to do something.
  2.   The “at-fault” person has breached their duty to do, or not do something.
  3.   You have suffered damages to your person or property.
  4.   Your damages are a result of the “at-fault” person’s inability to do their duty.

FAQ: What If I’ve Taken Steps Independently?

That’s great! Most clients have begun the claims themselves, or they’ve begun to gather evidence to support their claim. Perhaps you’ve started this process alone because you’re afraid of the cost of a lawyer, or you’re scared to afford and pay your medical expenses. No worry, this process is long, burdensome and can cause you more stress than you need to have! That’s why you should always ask your lawyer how they charge—hourly, or do they take their compensation when you win? Knowing that will make your next steps easier, and then you’ll have a lawyer by your side who is fighting to win your case.

 FAQ: The Insurance Company Said I Didn’t Need An Attorney?

The insurance company does not have your interests in mind—in fact, they don’t even have the interests of the person that uses their insurance in mind. They care about keeping their money; they want to provide you with legal advice that benefits them, not you. Therefore, don’t listen to the insurance company; do not sign anything from the company and don’t provide them any details. They may seem pushy, that’s because they want to pressure you into answering things you shouldn’t, providing them with an out if you try to file a claim. Always talk to your lawyer before you talk to your insurance company—or the defendant’s insurance company.

FAQ: What is a Contingency Fee?

This is how some law firms take payment! This means your lawyer won’t receive a cent of money unless they win your case, and that’s how this type of payment earned the nickname “no fee unless you win”. This is paid as a percentage of your monetary recovery, whether that’s a settlement or a court award. This should help alleviate any worries you have about being able to afford a lawyer. A contingency fee means you only pay if you win, and it’s out of money that you just recovered as a settlement. Many personal injury attorneys do not charge retainer fees, and can even advance costs to ensure you can receive your claim. Contingency fee percentages vary, but it’s safe to say the number we most often see charged is 33% of the monetary recovery. Your lawyer will most likely have you write an “employment agreement” up with your lawyer, and sign it—in that agreement, the contingency plan will be laid out. 

FAQ: What Do I Do If I’m Injured in an Accident?

Being involved in an accident that leaves you injured or in pain can be traumatizing and difficult to work through. You may be wondering if you could file a personal injury claim in order to receive financial compensation for your injuries. Personal injury claims are different from insurance claims. A personal injury claim is a civil lawsuit brought forth by an injured person against the person or party responsible for their injuries. The goal in these lawsuits is to receive financial compensation for their injuries, medical bills, and other losses.

So what happens if you are injured in an accident?

Go to the Doctor

If you’re involved in an accident, the first thing that you should do is seek medical treatment if you are hurt. This is not only an important first step for the sake of your health, but if you decide not to see a doctor after the accident the insurance adjuster and jury will probably assume that you were not actually in much physical pain. After an accident, your body pumps itself full of adrenaline, which can keep you from feeling pain. If you think to yourself, “Well, it doesn’t hurt that badly…” or “I don’t think I’m hurt,” you should still go to the doctor to get checked out.

Choose a Lawyer to Represent You

Experienced personal injury lawyers Miami, Florida trusts can be helpful even with smaller personal injury claims, but they will be absolutely necessary for a personal injury claim that involves significant injury or loss. How do you decide if you should hire a lawyer?
  •  If you are unable to work for more than a few days.
  •  If your medical bills amount to more than a few thousand dollars.
  •  If you break a bone or experience an injury with significant recovery time.
If any or all of the above apply to you, you should hire the personal injury lawyers Miami, Florida relies on.

Your Lawyer Will Investigate the Claim and Review Your Records

Your lawyer will need to know everything that you know about the accident, your injury, and your treatment, so they will thoroughly interview you about your background, your condition, and the accident. Then, they will gather your medical records and records of any bills relating to your injury and review them to see, in their professional opinion, if there is a case.

Your Lawyer Will Begin Negotiations

If your Miami, FL personal injury lawyers believe that the case can be settled out of court (as most personal injury cases are) they will make a demand to the other side’s insurance company. If the demand is not met, they will begin negotiations. If that still is not fruitful, they may file a lawsuit.

The Discovery Process Will Begin

Discovery is the phase in which each party investigates the other’s legal claims and their defenses. They will gather the evidence, take depositions of relevant witnesses, and send interrogatories and document requests to each other. This could take some time depending on deadlines and the complexities of the case.

Mediation and Negotiations Occur  

After the discovery period personal injury lawyers in Miami, FL will being talking about settlements. There are some cases that can be effectively settled between lawyers, while others will have to go through mediation. In those cases, clients and lawyers from both sides will meet in front of a mediator and attempt to figure out a settlement.

Trial

If mediation does not work, the case will be scheduled for trial. The length of a personal injury trial can vary from days, weeks, and months. Most cases will not go to trial, but it is always good to be prepared in case they do. If you were injured as a result of someone’s negligent behavior and believe that you have a personal injury claim, do not wait. Call Needle & Ellenberg, P.A. today to speak with an experienced personal injury attorney about your case and get a free consultation.

Contact a Personal Injury Lawyer Miami FL Residents Can Count On

If you’ve been injured in an accident, a Miami personal injury lawyer from Needle & Ellenberg, P.A. may be able to help you collect financial compensation. This compensation might provide the necessary financial assistance you need after suffering harm due to another person’s negligence. If you aren’t sure whether or not you have a solid case, our legal team will be happy to discuss the details of your situation with you during a free and confidential consultation. Our law firm has more than five decades of combined legal experience. Each personal injury lawyer Miami FL trusts from our firm is dedicated to improving our clients’ lives and obtaining the most favorable outcome possible for their personal injury claims. We understand that all cases involve unique factors and it is important to treat every claim and lawsuit with care. For more information about our legal team, or to schedule a free case evaluation with a top personal injury lawyer Miami FL clients recommend, call our office today.

What You Need To Know About Personal Injury Accidents

A common question we get at Needle & Ellenburg, P.A. is how to know if your accident falls into the category of personal injury lawsuits. There are many injuries that qualify under personal injury laws in Florida. To know how strong your case is, consult a personal injury lawyer in Miami, FL right away.

Automobile Accidents

Injuries from car crashes, motorcycle accidents, truck accidents and commercial truck accidents can all be considered personal injuries. This applies to the driver of the vehicle and passengers. You can file a personal injury lawsuit even if you were partly at fault for the accident.

Slips and Falls at a Place of Business

If your injury was caused by tripping and falling because a floor was wet or slippery, because flooring was uneven or for another reason, you can file a personal injury claim against the business owner. For example, a movie theater’s carpets may be loose or filled with debris. A grocery store may have recently waxed floors.

Workplace Accidents

It’s smart to discuss your case with a personal injury lawyer in Miami, FL, if you’ve been injured at work. This helps with managing your worker’s compensation claim. It also lets you know what steps to take next. Florida laws may prevent you from suing your employer directly, but if the accident was caused by defective third-party equipment or products, you can sue the business responsible for damages.

Injuries at a Construction Worksite

Many personal injury cases happen when innocent bystanders are injured near buildings under construction. This can even happen at your own home if contractors aren’t careful.

Alcohol-Related Accidents

Tragically, alcohol is responsible for many life-changing injuries and loss of life in Florida. If you’ve been injured in a car accident or a family member has passed away due to a drunk driver, our team at Needle & Ellenburg, P.A. can help you file a personal injury lawsuit or wrongful death claim. If the driver was working for a business at the time, your personal injury lawyer in Miami, FL may also be able to sue the business owner for negligence.

Medical Malpractice

Medical malpractice is when you are injured as the result of your physician’s negligence. This can include prescribing the wrong medicine or making an error that most doctors would have avoided. A personal injury lawyer in Miami, FL can help you gather the evidence needed to prove your case. These are just some examples of personal injury claims. You can also pursue a lawsuit for cases of assault, domestic abuse, excessive force by police officers, defective product injuries and other situations.

Common Types of Personal Injuries

Unfortunately, there are many types of personal injuries that warrant lawsuits – but a qualified personal injury lawyer in Miami, Florida can help you get the justice and compensation you deserve. When you reach out to Needle & Ellenberg, P.A., you get committed attorneys and legal help, no matter the type of injury you suffer. Nobody should have to pay out of pocket for injuries that were caused by another person’s negligence, and reading up on common personal injuries can help you decide whether your case warrants a lawsuit. Information is your most valuable asset when it comes to building a case. Get educated on the common types of personal injuries, and see how Needle & Ellenberg, P.A. can help.

Slip and Falls

Slip and falls are a prime example of personal injuries that may lead to lawsuits. Do any of these cases seem familiar to you?
  • A fall in the office: Most people assume that workplace accidents happen in big factories or warehouses, but in reality even the most cushy white-collar workplace can lead to serious injuries. Slip and falls are some of the most common workplace accidents, and they can happen anywhere. You could have tripped on loose cables or wires, or you could have slipped on icy steps. In any case, it should be reported immediately, and you should consider whether gross negligence is to blame.
  • A shopping mishap: You’ve seen the “wet floor” signs before, but what happens if there’s a spill on some slippery tile and nobody bothered to warn you? If you were minding your own business in the grocery store before taking a nasty fall, it could be pinned on the negligence of the store and the store’s management. It’s important to know that you have rights to compensation, especially if your injuries were caused by someone else. A personal injury lawyer in Miami, FL can help.
  • A Negligent Neighbor: A slip and fall doesn’t have to happen in a place of business. A homeowner has a responsibility to keep their guests safe from harm, and if you slip and fall while in someone’s else’s house, they could be held liable for your damages. Whether they had uneven or improperly maintained steps or a poorly maintained porch, your injuries were the result of negligence.
If you experienced a slip and fall, you should never feel too embarrassed or intimidated to seek compensation. Many people fail to report their minor slip-ups, and end up having to foot the bill themselves when their minor injuries develop into something much more serious. Medical bills can turn your life completely upside-down, and if you need to pay out of your own pocket, it could take years to financially recover. Understanding Negligence If you ask a personal injury lawyer Miami FL clients trust, you can find that negligence is a legal term referring to a wide range of careless behaviors that lead or contribute to accidents. For instance, if a driver runs a red light at an intersection, and in doing so hits you, he or she would be considered negligent. Negligence implies that the person in question had a duty to act carefully and failed to fulfill that duty. This is a responsibility that we all have in most every situation, so it is reasonable that the failure to fulfill it can lead to a personal injury case. In most scenarios, the person who caused your injury has to be found negligent to be held legally responsible for your injury. Your personal injury lawyer in Miami FL can possibly help you recover the damages associated with your injury from the party who caused your injury. Proving Who’s at Faultpersonal injury lawyer Miami FL clients choose for accident cases should have a legal strategy in mind after agreeing to take your case. You and your attorney may need to put together a solid and well-thought out case that shows how the other party was careless, or acted negligently, and how that behavior led to your injuries. When you and your lawyer craft a sound argument for how the other party was negligent, it may encourage the claims adjuster to offer a fair settlement to you for your damages. The alternative is that you and your lawyer take the insurance company to court. As a personal injury lawyer Miami FL trusts can tell you, the average insurance company may prefer offering a settlement rather than risk the costs associated with going to court. If a lawsuit is unavoidable, having an attorney in your corner is crucial to a successful outcome. Seeking legal action is a significant step, and many victims may disregard the possibility of seeking damages altogether for fear of legal costs or because they don’t believe that they have a case. However, complimentary consultations are essential for both the lawyer and the victim because they offer the opportunity to review the case to determine the most appropriate course of action. In addition, victims have the chance to ask case questions and determine whether the lawyer they are meeting with is a right fit for them.

What is the statute of limitations in Florida?

The statute of limitations is the length of time victims have to pursue legal action from the time of the accident or upon discovering injuries. Once the clock starts ticking, it’s imperative to map out the most appropriate next steps. The statute of limitations can vary based upon the situation and the state where the accident occurred. As a personal injury lawyer in Miami, FL will share with victims the statute of limitations for personal injury cases in the state is four years. Once this timeframe closes, victims will lose their opportunity to seek damages for their losses in most situations.

What is the difference between an insurance claim and a lawsuit?

An insurance claim is often the first step lawyers recommend for seeking damages for losses. This is the process of seeking compensation from the insurance company. These cases are settled outside of the courtroom through negotiations. It’s important to note that personal injury claims can often resolve faster than pursuing an award with a lawsuit. Sometimes, if parties cannot agree through negotiations, moving forward with a lawsuit may be necessary. A lawsuit has the opportunity to yield more significant awards for the victim. But, when pursuing this process, there must be substantial evidence because the court will be left to decide. Victims risk walking away with no compensation through this process should the judge not rule in the victim’s favor. Additionally, litigation can be a lengthy process, and it could take years before a resolution.

What steps should be taken if the insurance company calls?

After an accident, it’s not uncommon for a victim to receive a phone call from the insurance company. The case will be assigned to an insurance adjuster to review the accident and conduct their own investigation. As a result, they will want to ask the victim questions about the accident and their injuries. Should this happen, victims must proceed with caution as insurance companies will be looking for any indication that the victim was partially responsible or that the injuries weren’t as extensive as initially outlined. Should the insurance company contact a victim, it’s best to ask that they speak to the lawyer who is representing them. At Needle & Ellenberg, P.A., we don’t think you should suffer any more than you already have. A slip and fall is serious, and you should never gamble with your minor injuries no matter how embarrassed you may feel. Report your injuries, and if you suspect your injuries were due to negligence, reach out to an experienced personal injury lawyer in Miami, FL today.