A 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 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.
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.
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:
- The “at-fault” person is under a duty to do, or not to do something.
- The “at-fault” person has breached their duty to do, or not do something.
- You have suffered damages to your person or property.
- 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.
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.