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People often believe that dealing with lawyers is expensive and should only be done in drastic situations. However, accident attorneys near you in Miami can help in many stages of a dispute. Moreover, firms such as Zinda Law Group offer free consultation services, during which an experienced injury lawyer can handle the complexity of your issue and explain potential options to resolve it.
Personal injuries cover a broad range of incidents, and it is normal to not know whether to pursue a legal action or whether you can negotiate for higher compensation. If the injury occurred because of an accident rather than an intentional wrongdoing, you may feel uncertain about holding someone else or a business responsible.
Types of accidents that can result in personal injury
Injuries are often unexpected, and it can be difficult to know if you can hold another person or business responsible for losses. Below is a list of types of accidents that cause injuries; a free consultation with a lawyer may help you seek maximum compensation for these:
In 2020, the Florida Highway Safety and Motor Vehicles department (FLHSMV) reported 51,508 crashes in Miami County. Almost 16,500 of the crashes resulted in an injury or a complaint of injury and 322 resulted in a related death, defined as within 30 days of the accident.
Since Florida is a no-fault car accident state, filing claims against at-fault drivers only apply in limited circumstances. After an automobile accident, medical, disability, surgical, and funeral expenses are usually covered by a motorist’s vehicle insurance. However, you can also file a claim against another person for compensation for other types of harm, such as pain and suffering, mental anguish, and inconvenience is possible.
Under Florida law, wrongful deaths occur when someone’s behavior, negligence, default, or breach of contract causes a person’s death, and it is the wrongdoer’s responsibility to cover the losses resulting from the death. Survivors who can bring a claim on behalf of the person who died are the spouse, children, parents, and any blood relatives or adoptive siblings if they were partly or wholly dependent on the decedent. In wrongful death claims, the court can award different types of damages to survivors, ranging from practical losses like medical or funeral expenses to less concrete losses like mental pain and suffering or loss of companionship.
Dog Bites and Animal Attacks
Miami-Dade County advises people who have been bitten by a dog or cat to seek immediate medical attention and file an animal bite report through their website. Florida law specifically states that dog owners are liable to cover damages caused by their dog whether it is against a person, their animal, or their livestock. Owners of previously declared dangerous dogs or domestic animals that attack without provocation face more serious penalties, including misdemeanors or felony charges, depending on the severity of injuries.
An injury from receiving medical services can be unnerving because rather than receiving proper treatment for an illness or injury, a person may suffer another illness or injury which could have been avoided. Due to the nature of the medical field, attorneys must meet certain investigative standards before a medical malpractice or negligence claim can be filed. Some examples of medical situations for which a person can file a claim are birth injuries, failure to diagnose or misdiagnosis, and unnecessary surgery.
In 2019, the U.S. Bureau of Labor Statistics reported 5,333 fatal work injuries in Florida. Most of the fatalities occurred in transportation incidents and falls, slips, and trips incidents. Other categories included exposure to harmful substances or environments, and violence and other injuries by persons or animals. The industry with the highest number of fatal injuries was the private construction industry followed by private administrative and support and waste management and remediation services.
Under Florida law, the employer is the only one liable to compensate an employee hurt while on the job. If the employer does not provide compensation, the employee or survivor can file a legal claim for damages, and the employer will not be able to use certain defenses to remove or reduce its liability. Different statutes of liability apply to employers involved in hazardous occupations like railroading and dynamiting, which can affect how much compensation an injured employee or agent can recover.
If a person is injured by a product, the manufacturer or seller of the product can be held liable for design defects, installation, construction, or assembly of the product. A civil action based on product liability can include a breach of warranty.
When an injury occurs at a business, whether the business will be liable depends on a number of factors like whether a third party was involved and whether the property owner fulfilled certain precautions such as implementing security measures in compliance with Florida law. Additionally, business owners have specific duties to certain groups of people who are on their property, and liabilities can stem from their failure to fulfill those duties.
In personal injury claims, there are two main types of compensation which are sometimes referred to as economic or non–economic damages. If you schedule a free consultation with a Zinda Law Group personal injury attorney, he or she will be able to answer your questions regarding which types of damages have been successfully sought after by people who have filed accident claims similar to yours.
Economic damages are monetary losses that can be calculated. These can include:
- Medical bills
- Vehicle damages
- Property damages
- Loss of wages
- Future economic losses
Non-economic damages are losses that cannot be calculated by traditional services but can still be awarded. These can include:
- Pain and suffering (physical)
- Emotional pain and anguish
- Disfigurement or disability
- Loss of enjoyment of life
- Loss related to reputation
Calculating economic damages can be complicated, especially when figuring out whether a particular bill can be repaid, whereas non-economic damages are typically harder to prove and require expertise in cases and legal arguments to articulate why a person in a specific situation deserves them. Tort law—laws related to personal injuries—can affect what compensation can be sought, deadlines to file claims, and who can be considered at fault.
Sometimes in personal injury cases, a court may award punitive damages. Punitive damages aim to punish or deter a defendant who has harmed intentionally or acted with gross negligence. Examples of conduct that could cause a court to award this type of damages are an individual assaulting another individual or a cigarette company concealing the dangers of smoking.
Statute of limitations
In Florida, the deadline to file a claim depends on what category it falls under (otherwise known as a “cause of action”) and whether it is against the state or its related agencies. For example, personal injury claims based on negligence have to be filed within four years, but a claim based on medical malpractice has to be filed within two years that an incident is discovered or should have been discovered. Consulting with a lawyer can help narrow down the options, guiding you in the pursuit of the most promising ones for success given the specific facts of your unique situation.
Contact zinda law group today for a free consultation
At Zinda Law Group Miami, our free consultation attorneys have the resources and experience to handle many types of personal injury cases. After your first confidential consultation, we can determine whether you should be able to seek the maximum compensation available in cases like yours for both economic and non-economic damages.
Uncertainty of how much legal services will cost and whether they can afford them are common reasons many people hesitate to reach out to a lawyer. This is the reason we offer 100% free consultations and a “No Win, No Fee Guarantee.” This means you do not have to pay unless we successfully obtain a favorable settlement, judgment, or verdict for your case.
If you or a loved one has sustained personal injuries, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our Miami attorneys today. The sooner you call, the sooner we may be able to help you.
Meetings with attorneys are available by appointment only.