Bodily Injury Lawyer in Miami
Bodily Injury Lawyer in Miami
June 16, 2020 admin

Bodily Injury Lawyer in Miami

Help from the Bodily Injury Lawyer at Schlacter Law

A bodily injury such as brain injuries, broken bones, spinal cord injuries, and other trauma are usually caused by the negligence of another person, company, municipality, or other entity. Negligence is when another person or entity fails to exercise the care towards others that a reasonably prudent person would have exercised in similar circumstances. Personal injury victims harmed by the negligence of another may be entitled to “damages” for bodily injuries. Under Florida law, “damages” are the measure of relief that a victim may obtain. A bodily injury claim generally gets monetary damages from a bodily injury lawyer, such damages including:

  • Past pain and suffering from the date of the accident to the settlement or award
  • Future pain and suffering from the date of settlement or award to the end of the life expectancy
  • Medical bills, both past and reasonably proven future expenses
  • Lost wages from the accident, recovery, or doctor’s appointments
  • Lost future earnings if unable to work in the same line of work after the accident
  • Loss of consortium, which are relations with a spouse, and also loss of affection which is general relationships, society, and enjoyment of time with family members like spouses, children, parents, siblings, etc.
  • Punitive damages in rare cases
  • Home or vehicle modifications or equipment, including mobility assistance
  • Property damage
  • Any other damages our lawyer at Schlacter Law may be able to obtain for you

It does not matter whether the accidental bodily injury was caused in a car accident, trucking accident, slip and fall, by a doctor, or any other cause. If you were injured by the negligence of another person or entity, you may be entitled to some or all of the damages listed above. If the negligence resulted in the wrongful death of an individual, the family may additionally be entitled to compensation for funeral expenses, burial costs, loss of income from the victim, and other damages. Ask our Miami bodily injury lawyer what you may be entitled to.

Causes of Bodily Injury in Florida

A bodily injury lawsuit could be caused by a variety of reasons. The causes could be intentional or negligent. The most common causes of bodily injuries in Florida include the following:

  • Car accidents
  • Motorcycle crashes
  • Slip and fall accidents or trip and fall accidents
  • Dog bites or animal attacks
  • Product defects
  • Construction site accidents
  • Boating accidents
  • Medical malpractice
  • Nursing home abuse, neglect, or malpractice
  • Airplane incidents
  • Trucking wrecks
  • Intentional Torts
  • Pedestrian knockdowns or hit by a car
  • Bicyclist collisions
  • Assaults and crime
  • Any other causes resulting in damages that our lawyer should review for you and your family

Types of Catastrophic and Serious Bodily Injury

Any type of damages caused by a negligent accident should be reviewed by a bodily injury lawyer in Miami. However, some particularly catastrophic damages should always be referred to a lawyer for review. This is because the average bodily injury claim for catastrophic damages like brain damage, paralysis, amputations, and nerve damage could all be very high and result in a lifetime of suffering. Even if you believe that your damages may have healed, a residual bodily injury may affect the rest of your life in ways that you may be entitled to compensation for if you ask a lawyer like ours at Schlacter law.

Some of the most common catastrophic and serious bodily injuries to ask help from our lawyer in Miami include the following:

  • Traumatic brain injuries (TBIs), including concussions, brain bleeds, coup-contrecoup damages, diffuse axonal injury, contusions, or any other TBIs [1]
  • Spinal cord injuries (SCI), including paraplegia, quadriplegia, tetraplegia, monoplegia, or any other SCI
  • Amputations or loss of limbs, even if just to a finger the damages could be high
  • Broken bones or fractured bones, especially spine fractures
  • Nerve damage, including brachial plexus damages
  • Birth injuries, especially cerebral palsy, hypoxic ischemic encephalopathy, or kernicterus
  • Infections including sepsis
  • Burns
  • Torn ligaments, torn tendons, or torn muscles
  • Organ damage, including a lung contusion or liver laceration, and
  • Any other bodily injuries caused by another person, business, or entity which a lawyer should review for you

What if I was Partially at Fault for My Damages?

Victims who partially cause or are at fault for causing the accident resulting in their damages may still be entitled to recover compensation with the help of a Miami lawyer. This is because Florida is a comparative fault state. This means a victim of a negligent accident who may have partially caused the accident may still be able to recover damages. However, the damages are reduced by the percentage of fault that is attributed to the victim by a court or jury. Some comparative fault is common in motor vehicle accidents or slip and fall/trip and fall accidents.

An example would be if a person recovers $100,000 but is found to be 30% at fault for causing the accident. The award would be reduced to $70,000, which is the original $100,000 minus the $30,000 for comparative fault. In any case where you believe you may have been at fault, it is imperative to ask our lawyer for help when the insurance company which will try to entirely blame you.

How Long Do I Have to File a Claim?  When Should I get a Lawyer?

The time period to contact a lawyer and file a bodily injury claim in court is known as the statute of limitations period. This is a necessary hurdle in every cause which requires every person to file a claim within the timeframe prescribed by Florida law. Even the best claims can be automatically dismissed by the court if the statute of limitations period has expired. Each type of claim under Florida law has a difficult statute of limitations period under Florida Revised Statutes section 95.11 [2]. It is important to know and understand these general time periods to ensure you can protect your rights through a lawyer.  This means that you should try to retain a lawyer as soon as you are able to do so.

Ask Schlacter Law to Help You With Your Florida Bodily Injury Claim

When the negligence of another person, business, state agency, or other entity causes you catastrophic or serious bodily injuries, ask our Miami bodily injury lawyer for help. Fight back with Schlacter Law to preserve your rights to compensation for pain and suffering, medical bills, lost wages, and other damages. Call us for a FREE consultation by dialing (305) 999-1111 to learn how we can help you today.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

How long do I have to file a negligence claim for a car accident, slip and fall, or dog bite?

Generally, four years from the date of the accident. There may be some extensions or tolls which extend this time period based on disability, infancy, and incompetency. However, it is best practice to not rely on these extensions and to always consult with a lawyer as soon as possible after any negligence accident, especially within four years. There may also be shorter time periods for claims against a municipality or state agency.

How long do I have to file a claim for medical malpractice?

There are several medical malpractice time frames. Some are as short as two years, and other claims can be as long as until a birth injury victim’s eighth birthday. Generally, medical malpractice is two years from the date in which the medical error was discovered or reasonably could have been discovered. The time periods for medical malpractice are very confusing and should be reviewed by a Miami lawyer to ensure your rights are protected.  Never give up on a claim until you ask a bodily injury lawyer for a review.

How long do I have to file a claim with a state agency or municipality?

Three years to serve a notice of claim. When the negligence of a state agency or municipality negligently causes you personal injuries, you have three years to serve a “notice of claim” which provides what happened, your damages, and what you are seeking. The state agency or municipality now has 180 days to review the claim and possibly negotiate it with you. Once the 180 days have expired, you may now commence an action against the state agency or municipality. Whenever you may have been injured from a state agency or municipality, it is important to ask a Miami bodily injury lawyer to review your claim immediately because of the shortened time period to bring a claim and the more complicated process.