Does it surprise you to know that nearly all accidents are preventable? Most are due to someone’s carelessness.
If you or someone you care about got hurt in Miami Gardens, don’t automatically assume it’s your fault.
Often, someone else was careless or irresponsible.
They may have left you with significant medical problems that cause you pain for a long time, affect how you function, require ongoing medical care, and result in overwhelming medical bills.
Contact our Miami Gardens personal injury lawyers if a negligent person’s actions injured you or someone you love. We can recover compensation to pay for your damages.
Why Choose Us?
Blakeley Law Firm supports individuals in accidents in Miami Gardens and elsewhere in Florida.
With an outstanding record of success spanning over a decade, our highly skilled legal team focuses on handling vehicle accidents and advocating for the rights of survivors to receive compensation, and we have a lot more going for us.
Trustworthy experience: Dealing with the complexities of medical and auto insurance after an accident can be confusing, often requiring legal know-how to protect your rights.
Our lawyers and dedicated team are here to help you with various issues. Whether it’s dealing with property damage, sorting out health insurance problems, or handling cases involving injuries caused by negligence or unsafe conditions, we have the skills and experience to investigate and fight for your rights thoroughly.
Convenient locations: We offer four conveniently situated offices in Miami, West Palm Beach, Jacksonville, and Ft. Lauderdale. Blakeley Law Firm greatly values accessibility. We understand the value of meeting deadlines, preserving evidence, and building a solid case on your home turf.
Se habla Español: We are pleased to offer our services in English and Spanish to assist our diverse communities. We want you to feel comfortable at Blakeley Law Firm.
What is a Personal Injury Case?
A personal injury case is a legal dispute arising from one person suffering harm or injury due to the negligence or wrongful actions of another individual, business, or entity.
These cases embody various situations and injuries, from car accidents and slip-and-fall incidents to product liability claims.
Understanding the critical aspects of a personal injury case can help individuals protect their rights and seek compensation for their losses.
Liability and negligence: Liability is the legal responsibility of the at-fault party for causing the injury. To prove liability, the injured party must demonstrate that the other party acted negligently or recklessly. Negligence involves the failure to employ reasonable care under the circumstances, leading to harm to another person.
Types of personal injury cases
Personal injury cases arise from various incidents, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Slip-and-fall accidents
- Rideshare accidents
- Pedestrian accidents
- Medical malpractice
- Product defects and liability
- Workplace accidents
- Dog bites
- Premises liability
- Nursing home abuse
- Assault and battery
Statute of Limitations
Personal injury cases are subject to statutes of limitations, which set strict deadlines for filing a lawsuit.
The Florida filing time limit for a personal injury case depends on the situation. Typically, the clock starts running from the day you got injured or the day you realized you were hurt. A personal injury lawyer can clarify the exact deadline for your case.
You have two years to file a claim for most personal injury situations in Florida. This limit applies to common cases like car accidents, slip and falls, and injuries caused by someone’s negligence.
Exceptions and extensions
Florida law does recognize some exceptions and extensions to the standard statute of limitations:
- Minors: If a child is injured, the statute of limitations may toll (delay) until they reach 18. However, this extension does not apply to all personal injury cases, so consult an attorney.
- Legal disabilities: If the injured party has a disability, such as a temporary mental incapacitation, the court may delay the statute of limitations until the disability heals.
- Fraud: If the defendant fraudulently conceals information that prevents the injured party from discovering their injury or the cause of their injury, the court may extend the statute of limitations.
Failing to file claims within the prescribed time frame can cost you your compensation. Defendants can use the opportunity to ask for a dismissal, even if the claim is otherwise valid.
Florida’s personal injury statute of limitations is a critical aspect of the legal landscape that anyone involved in a personal injury case must understand.
The specific timeframes and exceptions can be complex and vary depending on the nature of the case. An experienced lawyer can ensure you understand what happens and receive a fair settlement.
Compensation for Personal Injury Claims in Florida
Personal injury claims provide financial relief for an accident’s myriad losses and damages. Understanding the types of compensation and the factors that influence them is crucial for navigating the complex legal process.
Types of Compensation
Personal injury claims in Florida typically seek various types of compensation, including:
- Medical expenses: One primary component of a personal injury claim is reimbursement for medical bills, including hospital stays, surgeries, doctor visits, prescription medications, and ongoing rehabilitation costs.
- Lost income: Many injury victims cannot work temporarily or permanently due to their injuries. Compensation can include recovery of lost income, including both current earnings and future earning capacity.
- Pain and suffering: Compensation may pay for the physical and emotional pain and suffering from the injury. This category is often challenging to quantify, as it encompasses an injury’s intangible toll on an individual’s life.
- Property damage: If the accident involves property damage, such as a vehicle in a car accident, the claim can pay for the cost of repairing or replacing it.
- Emotional distress: Personal injuries can lead to severe emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD). Victims can seek compensation to address these psychological injuries.
- Punitive damages: When the defendant’s actions were reckless or deliberate, the court may award punitive damages to punish and deter it. Florida law limits punitive damages and requires clear and convincing evidence of willful misconduct.
Determining compensation amounts:
Various factors influence the amount of compensation awarded in a personal injury claim in Florida, including:
- Severity of injuries: The scope of the injuries and their impact on the victim’s life is a primary consideration. More severe injuries often result in higher compensation amounts.
- Liability: You must establish liability. Uncontested negligence may lead to more favorable compensation.
- Insurance coverage: The defendant’s insurance policy limits can affect the maximum compensation available. Victims may need to pursue personal assets if insurance coverage is insufficient.
Economic vs. non-economic damages
Economic damages, such as medical bills and lost wages, are typically easier to quantify. Non-economic damages, such as pain and suffering, often vary significantly.
Settlement vs. trial:
Most personal injury claims are resolved via negotiations with the at-fault party or their insurance company. Settlements provide a faster resolution and avoid the uncertainties of a trial.
If the parties cannot reach a fair settlement, the case may go to trial, where a judge or jury will hear the case and determine the compensation amount.
Getting compensation for personal injuries in Florida is a complex process. You need to know what kind of compensation you can get, what affects that amount, and how the legal system works.
What Does a Personal Injury Attorney Do?
Personal injury lawyers in Florida advocate for their client’s rights and seek compensation for their injuries and losses. They navigate a complex landscape of laws, regulations, and insurance companies to ensure their clients receive everything they deserve.
The journey of a personal injury case typically begins with a consultation. When a person contacts a personal injury lawyer in Florida, they schedule an initial meeting to evaluate the case’s merits.
During this consultation, the attorney assesses the circumstances, including the at-fault party’s cause, severity, and potential liability. They discuss legal options and advise the client on whether pursuing a claim is feasible and recommended.
Investigation and evidence gathering:
Once the attorney takes on a personal injury case, they investigate the incident, which involves gathering evidence such as:
- Witness statements
- Accident reports
- Medical records
- Photos and videos of the accident scene
- Educated opinions
The goal is to build a compelling case demonstrating the other party’s negligence or liability.
Negotiations with insurance companies: The injured party’s attorney negotiates with the insurance company of the at-fault party. Insurance adjusters try to settle claims for as little as possible, so having a skilled attorney is crucial.
Personal injury lawyers are adept at calculating the value of their clients’ claims, factoring in medical expenses, lost wages, pain and suffering, and other damages. They negotiate with the insurance company to reach a fair settlement that sufficiently compensates the injured party.
Filing a lawsuit and legal representation: If negotiations with the insurance company fail to result in a settlement, the personal injury lawyer will file a lawsuit on behalf of their client, starting with preparing the necessary legal documents and initiating legal proceedings.
Settlement negotiations or trial: Personal injury cases usually settled out of court through continued negotiations, but if no one agrees to a settlement, it will proceed to trial. The attorney presents evidence in court, examines witnesses, and argues the case before a judge and jury. The lawyer’s role is to provide a compelling argument demonstrating the defendant’s negligence and the extent of their client’s injuries.
Judgment and appeals: After hearing the case, the court renders a judgment. If the verdict is favorable, the attorney ensures the client receives the awarded compensation. One party may appeal the ruling, and the attorney continues to represent the client’s interests during the appeals process.
Statute of limitations compliance: Attorneys ensure you provide the court with every document on time and in full to avoid penalties or forfeiture.
A personal injury lawyer is an advocate, investigator, negotiator, and legal representative for individuals who have suffered injuries due to someone else’s negligence.
Their primary goal is to help their clients obtain the compensation they deserve by building a robust case, negotiating with insurance companies, and, if necessary, representing them in court. Personal injury lawyers are essential allies for those seeking justice and financial relief after experiencing a personal injury.
We Are Here to Help You
Have you suffered a traumatic personal injury in Florida? Contact our skilled personal injury lawyers at Blakeley Law Firm, P.A.
Client testimonials for Blakeley Law Firm showcase our strong dedication to professionalism, genuine concern for our client’s well-being, and effective communication skills.
Clients frequently express their sense of being fully supported and skillfully guided throughout their legal journey, with Mr. Blakeley and our team extending a warm, family-like atmosphere.
Our clients also value our accessibility, regular updates on their cases, and the knowledgeable and experienced assistance they receive. These reviews highlight our firm’s unwavering commitment to assisting accident victims and our ability to provide outstanding service during trying times.
We serve clients in many areas throughout the state and provide free consultations.
Insurance adjusters and others will try various tactics to keep you from a fair settlement. We are here to represent you, not the insurance companies. Call our office at (954) 253-9445 to discuss how we can help you.