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Personal Injury Lawyer in Miami
Personal Injury Lawyer in Miami
June 11, 2020 admin

Personal Injury Lawyer in Miami

Miami Personal Injury Lawyer and Bodily Injury Law Firm

Miami accidents resulting in personal injuries can leave victims feeling frustrated and confused. Many victims may not know how they are going to pay their medical bills or recover lost wages due to their accident. But in times of great uncertainty, victims and their families can rely on the Miami personal injury lawyer at Schlacter Law. Our compassionate and experienced law firm represents Floridians injured in Miami accidents such as car crashes, trucking wrecks, bicycle collisions, slip and fall accidents, medical malpractice cases, motorcycle crashes, workplace or construction site accidents, boating wrecks, animal attacks, and many other types of personal injury accidents. We stand up to some of the largest insurance companies in the United States who are trying to underpay or deny a claim to ensure our clients get the compensation they deserve. If you are hurt in Miami, we are here for you.

At Schlacter Law, we understand that the reckless, careless, and negligent actions of another person, business, or state agency could be life-changing for an innocent person. This is particularly true in catastrophic injury cases involving traumatic brain injuries, spinal cord injuries, amputations, or other devastating and disabling injuries. Our Miami personal injury lawyer has recovered millions of dollars for personal injury victims, especially for Miami residents. If you or a loved one were seriously injured in a personal injury accident, or if a loved one was wrongfully killed, call our injury claim lawyers for a FREE consultation to learn how our Miami lawyer can protect your rights to compensation.

What Kind of Services We Provide

Our personal injury law firm handles any type of accident resulting in serious, catastrophic, or otherwise debilitating personal injuries occurring here in Miami. This includes the following types of accidents:

  • Car accidents
  • Trucking wrecks
  • Slip and falls or trip and falls
  • Bicycle collisions
  • Motorcycle crashes
  • Medical malpractice, including birth injury cases 
  • Construction site accidents
  • Workplace accidents
  • Animal attacks or dog bites
  • Pedestrian knockdowns
  • Boating, cruise ship, jet ski, or other water incidents
  • Swimming pool accidents
  • Negligent security cases
  • Intentional Torts
  • Criminal offenses including assault and battery, sexual offenses such as rape, and other attacks
  • Fatal accidents
  • Other incidents resulting in personal injuries that our lawyer may agree to handle

What May I Recover in a Personal Injury Claim?

Under Florida law, victims of a Miami personal injury accident may recover “damages.” “Damages” is defined as the relief that a party may recover in a lawsuit. In personal injury actions, the damages that victims may be entitled to are usually monetary compensation. Victims may recover monetary compensation for the following:

  • Past pain and suffering from the date of the accident to the date of the settlement or court award
  • Future pain and suffering from the date of the settlement or court award to the estimated end of a victim’s life expectancy
  • Medical bills, including future medical bills that can be reasonably proven
  • Lost wages from being unable to work due to the accident, recovery, doctor’s visits, or days unable to report to work due to pain and suffering
  • Lost future earnings if unable to return to the same job and must take a job that pays less, victims may be entitled to the difference between the former job’s income and the new job’s income multiplied by the number of estimated working years left before retirement
  • Modifications of a victim’s vehicle, home, or apartment, including ramps, lifts, handles, and other equipment
  • Nursing care or assisted living care, both now for those catastrophically injured and later in life as a victim ages and may be unable to care for himself or herself
  • Medication costs both now and reasonably calculated in the future
  • Ambulatory assistance devices and equipment, including wheelchairs, canes, braces, and other mobility devices
  • Therapy including physical therapy, occupational therapy, speech therapy, emotional therapy, and other relevant types of therapy
  • Property damage
  • Any other damages that may be related to your personal injury accident that our Miami lawyer may be able to recover for you

Common Accident Injuries

There are many common accident injuries that should be reviewed by our Miami personal injury lawyer. Some of the most severe forms of injuries may require surgery, including placement of rods, pins, screws, plates, and other painful hardware. Victims may require multiple surgeries to repair the damage done by some accidents, including skin grafts (for burns) or scar reductions, scoping scar tissue from joints, or removing neuromas around aggravated nerves.  

Some of the most common accident injuries that our lawyer and Miami personal injury law firm may handle include the following:

  • Traumatic Brain Injuries (TBIs) – the CDC defines a TBI “as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury” [1] . There are many different types of TBIs, including concussions, hematomas, contusions, diffuse axonal, coup-contrecoup, brain bleeds, and other damage to the brain
  • Spinal Cord Injuries (SCIs) – approximately 92% of all SCIs are due to personal injury accidents, with most of the SCIs being caused by unintentional injuries such as falls and motor vehicle accidents [2] .  Common SCIs are paraplegia and quadriplegia
  • Amputations or the loss of a limb
  • Broken bones or fractured bones
  • Organ injuries such as a collapsed lung, heart contusion, bruised kidney, lacerated liver, or other organ damage
  • Loss of vision, smell, hearing, taste, or sensation
  • Burn injuries caused by fires, explosions, or chemical exposure
  • Lacerations or significant cuts or skin damage, including disfiguremen
  • Head or Face injuries
  • Back or Neck injuries, including disc herniations, lower back pain, back sprains, and other damages
  • Crushing damage
  • Any other damages our Miami personal injury lawyer may be able to help you with at our injury claim law firm

What to Do After an Accident

No one plans to be in an accident, but accidents do occur and can result in significant injuries that affect the rest of a person’s life. This is why individuals need to be prepared for what to do after a motor vehicle crash, slip and fall/trip and fall, medical malpractice, dog bite, or other incident. Our lawyer shares the following tips:

  1. Call for help immediately: In any type of incident, always call for help. Usually this will be law enforcement who can officially report and document what happened. In premises cases, you may want to get help from the business or store owner to complete an incident report. Calling the police in a premises case may still be a good idea, especially if you do not feel comfortable how the employees are responding to your claim or if you are seriously injured.  With medical malpractice cases, get a nurse or other technician to record in your chart what happened if a doctor or other provider caused you obvious injury.  No matter what type of incident, make sure to get someone’s attention and help to corroborate your claim
  2. Seek medical attention, even if you do not think you are seriously injured:  If you have any pain or if you were involved in a collision which should have caused pain, get medical help. Not only does this document your injuries and demonstrate that they were severe enough to get help, but it also could save your life. Some injuries like head injuries may not produce immediate pain, but brain swelling could quickly increase and cause a victim to lose consciousness in less than 30 minutes. Severe brain swelling could also result in wrongful death. Be sure to explain to providers every injury you are feeling and do not undercut your pain level or the severity of the damage done to your body
  3. Take photographs or videos of the scene: If you are physically able to, take photographs of the scene. For motor vehicle crashes this includes the vehicles, debris field, intersection, traffic signs, and other related areas. For slip and falls/trip and falls, take photographs of any defective condition which may have caused your fall, signs (or the lack of signs), and repair attempts.  For dog bite cases, make sure to take photographs of where you came into contact with the animal and any fences, windows, doors, or other areas where warning signs could be posted.  Only take these photographs if the animal has been removed and is under control; do not risk further attack for photographs
  4. Exchange information: Get the other party’s insurance information in a motor vehicle collision or premises liability accident. This includes names, license plate numbers, addresses, and telephone numbers. If there are witnesses, get their information as well
  5. Gather documents and keep them safe: Particularly in medical malpractice cases, collect all documents and medical records that are given to you. Ask for copies of police reports or store incident reports
  6. Keep a journal: Monitor how you are feeling, disabilities you are experiencing, take photos as injuries change (swelling), and record your pain levels. It also helps to record what you did in the day, such as went to a certain doctor’s appointment or had physical therapy. Also keep track of things that you could not do such as household chores, work, or even difficulties you have getting out of bed or feeding yourself
  7. Contact a lawyer: While it is important in a motor vehicle crash to timely advise your insurance company of a claim, asking a lawyer for help first is the best way to protect your claim. This is because an insurance company—even your own insurance company—may attempt to minimize your damages based on the information you give and the questions they ask in response. But having a lawyer help you with the claim process will ensure that your full rights to compensation are protected

Fatal Accidents

Families who have lost a loved one in a Miami motor vehicle crash, slip and fall, medical malpractice case, boating wreck, or any other type of accident may be entitled to damages under Florida law. This can be a very complicated type of case and families should consult with an injury claim lawyer and wrongful death law firm like Schlacter Law to protect their rights.  

Some of the most common damages that a family may be entitled to in a wrongful death action include the following:

  • Pain and suffering of their loved one
  • Medical bills and expenses
  • Funeral expenses
  • Burial costs
  • Emotional harm or distress
  • Lost income the family depended on
  • Property damage
  • Loss of society, affection, guidance, and love of their lost family member
  • Punitive damages if a defendant’s conduct is outrageous or egregious, and
  • Other damages that our lawyer could review and find appropriate

What if I Was Partially At Fault?

Partial fault does not prohibit a personal injury claim in Florida. Victims who may have contributed to their injuries in a Miami personal injury accident may be able to still collect compensation. This is because Florida is a comparative fault state which means victims are responsible for their fair share of the cause of the accident but are not prohibited from collecting compensation for a defendant’s share of fault. For example, if injury claim lawyers recover $100,000 for a victim who was 20% at fault for the accident, the victim’s award may be reduced to $80,000.

Insurance companies and their injury attorney will try to maximize your comparative fault to reduce your compensation. This is why victims need to have the best personal injury lawyer for their type of case. Here at Schlacter Law, our injury claim lawyer handles all types of personal injury and catastrophic damage cases in Miami or anywhere else in Florida.

Ask Our Miami Personal Injury Lawyer For Help Today

Victims injured in Miami personal injury accidents should ask our injury law firm at Schlacter Law how we can protect their rights to compensation. Our award-winning law firm and compassionate team will work with you to boost your claim for compensation. If you have been injured or if you lost a loved one due to the negligence of another person, business, or state agency, call (305) 999-1111 for a FREE consultation to learn how our lawyer can start helping 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 personal injury claim in Florida?

Most personal injury claims must be filed within four years, including from motor vehicle wrecks, slip and falls/trip and falls, workplace injuries, criminal assaults/battery/rape, dog bites, and other related incidents. However, medical malpractice cases must be commenced within two years of when the medical malpractice was discovered or should have been discovered. Wrongful death cases must be commenced within two years of the date of death. There are some extensions or “tolls” to these time periods, but our lawyer knows that it is always best to commence a claim within the shortest possible time period. This is because there are also some instances of when the time period could be shortened such as cases against state agencies, on boats or cruise ships, or in other unique circumstances. Ask our Miami personal injury lawyer as soon as you can when you may need to file your claim so we can protect your rights to compensation.

Can I negotiate with the insurance company myself?

Yes, but you would be significantly hurting your chances of recovering fair compensation. This is because insurance companies train their adjusters to manipulate customers and minimize their damages while increasing their comparative fault. Most insurance adjusters also have the background support of a lawyer who is feeding them information against your case, including issues of liability or damages that only a trained lawyer would know. This is why it is almost always an unfair fight for a customer to try and negotiate with an insurance company without the help of a Miami lawyer like ours at Schlacter Law. Schlacter Law recommends never to give a recorded statement without the assistance of a lawyer especially to an adverse insurance company.

How much does a personal injury lawyer cost?

Nothing upfront out of a victim’s pocket. Our injury law firm at Schlacter Law handles Miami personal injury accidents without charging attorney’s fees until we collect compensation for a victim. We only receive a percentage of what we recover for you in a settlement or court award. This means that there is no upfront financial risk for a victim to start working with our lawyer.

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