Miami Injury Law Firm
Hiring a Miami Injury Law Firm After an Accident
The last thing anyone expects it to engage in an accident while driving to work or while shopping at their neighborhood grocer. But accidents happen, and quite frequently in Miami. In 2017, Miami-Dade County saw 65,986 traffic accidents which resulted in 32,389 injuries and 285 fatalities [Source: Florida Department of Highway Safety and Motor Vehicles]. Thousands of others suffered serious and fatal injuries in work-related accidents, boating accidents, or as a result of using/consuming something that turned out to be harmful and hazardous.
If you or a loved one suffered an injury in any type of accident in Miami or as a result of purchasing a defective product, you may have a case our Miami injury lawyers can help you with. If you think your accident was caused by someone else’s negligence, you may be able to pursue that party for compensation to cover the damages you suffered. When we speak of damages, we are referring to:
- The injuries you suffered, and the medical expenses associated with the treatment you had or will need in the future.
- Pain and suffering
- Lost wages
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium, and more
Establishing Negligence After an Accident in Miami, FL
Personal injury cases usually survive in court when the plaintiff (i.e. the victim) is able to prove that the defendant (i.e. the at-fault party) caused the accident as a result of their negligence. The term negligence can be defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” The behavior typically consists of actions, however, it can also include “omissions when there is some duty to act.”
To prove another person or party was negligent, four elements must exist:
- The defendant owed a duty to the plaintiff.
- The defendant breached that duty.
- The defendant’s breach of duty has caused you harm.
- Proof that the defendant’s breach of duty caused your injury.
To provide you with some clarification as to what this actually means, below is an example of a viable personal injury case that stems from negligence.
Let’s say you were involved in a collision with a commercial truck driver in Miami. The trucker accidentally clipped the back of your vehicle while making a lane change which caused your vehicle to spin out of control and into another car. While the driver was cited for making an unsafe lane change, you later learn from the investigation that was conducted that the driver was actually operating a vehicle with faulty brakes and had been driving for a period that extended beyond what the Federal Motor Carrier Safety Administration’s (FMCSA) hours-of-service rules allow.
Between the unsafe lane change, the violation of FMCSA’s regulations, and the faulty brakes, not only is the driver considered to be negligent, but the trucking company he/she works for may be as well. In this particular case, you could potentially file suit against the driver and their employer in an effort to recover the compensation you are entitled to for your damages.
While it can sometimes be easy to identify one or more of the reasons why an accident has occurred, proving the other party was negligent isn’t. But that is what our Miami injury attorneys are here for—to take care of the legal matters for you while you work toward recovery.
Understanding the time limit you have to file a personal injury lawsuit after an accident in Miami-Dade County.
Aside from proving negligence in a personal injury case, you are also required to file your lawsuit before the statute of limitations passes. The statute of limitations is the timeframe you have from the date of the accident or when the injury became known to file your lawsuit. Failure to file suit within the statute of limitations puts your case at risk of being dismissed.
Types of cases our Miami injury lawyers can provide their legal advice and assistance with.
“Personal injury” covers a broad spectrum of injury cases so to help you understand the types of cases our Miami injury law firm can assist with, below we have outlined a few for you.
- Car and truck accidents
- Work accidents
- Slip and fall incidents
- Dangerous and defective products (i.e. product liability cases)
- Boating accidents
- Motorcycle crashes
If you do not see the type of accident you were involved in listed above, not to worry as our legal experts are skilled in all areas of personal injury law.
Connect with a Miami Injury Lawyer Now!
The Miami injury attorneys at Mario Trespalacios P.A. know how difficult things might be for you right now and the last thing you want to have to worry about is filing court documents or attending court hearings. But we are here to help you understand the personal injury process and how we can help you get through it with ease.
Our Miami injury law firm has been helping victims like yourself since 1992 and has a track record that proves we get our clients what they deserve. If you think you have a viable case against another party and would like to find out what yours might be worth, contact us now at 305-261-5800 or click here to schedule a consultation.
Mario Trespalacios P.A. can be reached at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173