CALL (800) 863-5312 TO SPEAK WITH A MIAMI PERSONAL INJURY LAWYER FOR FREE
Our experienced personal injury attorneys can help you seek the compensation and justice you deserve. We will handle the entire legal process for you while you focus on what is most important: your recovery. The Miami personal injury attorneys at Zinda Law Group are available to answer your questions today and provide insight into all your legal options.
If you or your loved one has been injured in an accident, you may be entitled to compensation. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our Miami personal injury lawyers.
About Personal Injury Law in Miami, FL
A personal injury case in Miami typically follows a situation where a person has been hurt due to the negligence of another person or business. Negligence means that someone failed to do something they had an obligation to do under the circumstances.
When it can be shown that the negligence of the defendant (the person being sued) caused the injuries, you may have the elements necessary for a strong personal injury case. As a result, the victim or injured party may be entitled to compensation under the law. This money is intended to compensate the victim in a way that makes them whole, as if the injuries had not occurred.
This can include money for medical treatment, lost wages, or other losses stemming from the injury. Common examples of personal injury cases involve car accidents, dog bites, slip and falls, wrongful death, medical malpractice, product liability cases, and many others.
What Should I Do Following an Injury in Miami?
There are many steps you can take shortly after your accident to put yourself in the best position possible to recover the compensation you need and deserve. Three key steps include:
- Seeking medical treatment
- Gathering evidence
- Contacting experienced Miami personal injury lawyers
Seek Medical Treatment
A personal injury case requires an injury. If there is no injury, there is no claim. Thus, filing a personal injury claim because you were almost in an accident or because you chipped a nail in an accident is likely going to result in your case being dismissed.
In any case, when you have been involved in an accident and received injuries, your first step is to receive medical treatment. Do not delay in getting treatment. The number one priority is your health. However, if you are planning to file a personal injury claim, getting a hospital to record your injuries will be beneficial.
For instance, when you decide to file a personal injury claim, you require evidence. If you do not have medical reports detailing your injury, the opposite party will question whether you received injuries or whether your injuries were severe enough to warrant a lawsuit.
Even if you are not planning to file a lawsuit, you will not be successful in negotiating a settlement with an insurance adjuster without some evidence that you actually received an injury. A document from a hospital can verify your injury to an adjuster.
Gather Evidence
Evidence pertaining to your injury is likely the easiest to gather. However, you must also have evidence of the other party’s wrongdoing for your personal injury claim. This type of evidence can vary based on the type of accident you were in. Typically this can include photos of where the accident occurred and names and statements from anyone who witnessed the accident.
Documenting the when, where, why, what, and how of your case can be crucial later. Speak with an experienced Miami personal injury lawyer to learn more about the evidence you should gather in your case.
Speaking to a Miami Personal Injury Lawyer
Once you have received medical treatment, you should consult a lawyer if you believe that your injuries were serious enough to warrant a lawsuit. Determining whether an injury is serious is subjective, but, generally speaking, injuries that result in you being unable to go to work for several months or injuries that prevent you from enjoying life as you did before are serious injuries.
CASE RESULTS
Why It’s Important to Act Quickly If You Have a Personal Injury Claim
If you think you may have a personal injury claim, it is essential to act quickly for several reasons, including:
- The statute of limitations
- The availability of evidence
- The predatory practices of insurance companies
Statute of Limitations
First, you should understand that there is what is called a statute of limitations in each state.
The statute of limitations sets a certain amount of time for a plaintiff to file a claim after his or her injury. If he or she fails to do so, he or she forfeits to do so. In Florida, the statute of limitations states that a plaintiff has four years to file a lawsuit from the date of the accident, two years to file a lawsuit from the date of a wrongful death, and two years to file a lawsuit from the date of medical malpractice.
An experienced lawyer will understand the statute of limitations involved and help ensure the lawsuit is filed on time.
Evidence Disappears
It’s crucial to act quickly because evidence that can help prove your case has a tendency to disappear over time. Things get lost. People or witnesses move away, forget important details or even pass away. A personal injury attorney can help ensure you collect all the critical pieces of evidence for your case as soon as possible.
Insurance Companies
Most personal injury lawsuits look to collect damages from the insurance company of the person who caused the harm. Insurance companies are businesses with shareholders, and they try as hard as they can to avoid paying out settlements because it impacts their financial bottom line.
If you delay hiring a personal injury attorney, you could be giving the insurance company more time to get their defensive strategy in place, which reduces the likelihood of the best possible settlement.
Who Gets Sued in a Personal Injury Case?
The defendant in a personal injury case is the person or entity that caused the harm. In actuality, the defendant typically has insurance which forms the “source of recovery” (where the money comes from in a personal injury settlement).
In most cases, your injury attorney will be negotiating with the insurance company of the defendant to work towards a settlement.
This is important to know because sometimes the injured party feels they don’t want to sue an individual. Maybe they believe the defendant made an honest mistake, or the victim feels bad bringing the lawsuit against them for other reasons. It’s vital to remember that this is why insurance exists. Typically the defendant will not be paying out of pocket to settle the case.
Take, for example, a scenario where two friends are driving in a car. The driver is texting while driving, gets into a wreck, and the passenger gets hurt. The passenger may feel guilty about suing the driver to recover a settlement to pay for their injuries, but again, the driver’s insurance company is going to be the entity providing money to help the passenger pay for medical bills.
Florida’s Pure Comparative Negligence Law
Florida is a pure comparative negligence state. What this means is that though a successful plaintiff will receive compensation, his or her compensation will be reduced by an amount corresponding to the percentage of fault he or she had in causing the accident. For example, imagine that you are driving down an intersection when you suddenly get hit by a car because that car ran a red light.
At first glance, you may think that because the car that hit you ran a red light, that driver of the car is 100% at fault. However, if you were texting at the time of the accident, a jury or judge may find that you were somewhat at fault. The reasoning would be that if you were paying attention to the road, you may have avoided getting hit by the car that ran the red light.
If the jury believes you were 10% at fault for the accident, then there will be a 10% deduction from the compensation you receive.
Common Types of Personal Injury Cases in Miami
At the Zinda Law Group, we help with all kinds of personal injury cases. Whatever damages you suffered as the result of an accident, we can help you recover the compensation you deserve.
Miami Bicycle Accidents
Bicycle accidents can take a number of different forms. While riding your bike in Miami, you could be injured by a collision with a car, a truck, or even another bicycle. If someone has acted in a way that caused your injuries while riding a bike, we can help you understand your rights and figure out what damages you may be entitled to claim.
Miami Car Accidents
Our attorneys know the city of Miami. They understand the complexities of car accidents that can involve drivers from all over the state of Florida and surrounding states. They understand how to handle cases involving uninsured motorists and other unique scenarios that can be common in Miami.
Miami Premises Injuries
Premises cases involve an injury to a person on someone else’s property. These can happen in hundreds of different ways but often take on the form of a slip and fall case, falling merchandise at a store, trip and fall cases, and injuries that occur at a hotel or some other property owned by a business that has a duty to keep you safe.
Miami Drowning Accidents
Unfortunately, every year many people fall victim to drowning accidents in Florida’s waters. At times like these, it is important to have someone fighting in your corner. That is where a Miami drowning accident lawyer like Zinda Law Group comes in. We can provide legal representation for those who have suffered from a drowning accident or lost a loved one due to such an incident.
Miami Truck Accidents
Trucking accidents are some of the more complex personal injury cases. Miami, being uniquely situated near many coastal ports, sees a lot of trucks passing through on the roadways. If you’ve been injured in a truck accident, it’s crucial that you call a personal injury attorney quickly.
Large trucking companies have the resources to act fast in order to protect themselves in the event that a truck injured someone.
Miami Wrongful Death Cases
Wrongful death cases are the hardest for all parties involved because there is nothing worse than losing a loved one. On a positive note, these are the cases where we know we can make the biggest difference for our clients.
Of course, no one can return your loved one to you after a wrongful death. However, we can help navigate these complex cases, get you the justice you deserve, and make sure that something like this never happens again.
Miami Dog Bite and Animal Attack Cases
If you or a loved one has been attacked by a dog or other animal belonging to a neighbor, you may be entitled to compensation for your injuries. This is especially true if the pet owner knew the pet had a tendency to attack people and the owner failed to adequately restrain their pet.
Common Injuries in Personal Injury Cases
Unfortunately, injuries occur at a high rate and can come in a variety of forms. Common injuries we see at our firm include:
- Broken bones
- Traumatic brain injuries (concussions or other head injuries)
- Whiplash
- Lacerations, cuts, or wounds
- Spine injuries
- Bruising
- Chronic pain
- Burns
- Birth injuries
- Surgical errors
Get the Compensation You Deserve
Our Miami personal injury attorneys want to help you understand your rights to make informed decisions about your legal future. We can guide you on how to negotiate a personal injury claim. When filing your claim, our team of legal professionals can help you recover compensation for:
- Your medical expenses
- Other monetary losses
- Non-economic damages
- Punitive damages
Medical Expenses
We can help ensure your claim covers all of your medical expenses. If you were injured, you may be entitled to compensation for medical bills, hospitalization costs, reconstructive surgery, rehabilitation expenses, future medical costs, prescription expenses, and the cost of medical equipment.
Other Monetary Losses
We can also help ensure the settlement covers monetary damages. If you were in an accident, your personal property, such as your car, may have been damaged. If this damage was caused by the negligence or carelessness of another party, you may be eligible for compensation. We will also help you seek compensation for lost wages and any other monetary damages.
Non-Economic Damages
In most cases, we can also help get you compensation for non-economic damages. After experiencing an injury, you may be entitled to money for pain and suffering, lost quality of life, and emotional or psychological distress.
Punitive Damages
In extreme cases involving gross negligence or injuries resulting from actions intended to cause harm, you may also be eligible for punitive damages. The Miami injury attorneys at our firm are dedicated to helping you pursue the compensation you deserve to get back on your feet after an accident.
We want you and your family to be compensated for all the ways the accident may cost you as a victim.
Should I Hire a Miami Personal Injury Lawyer?
Not every accident requires you to get a personal injury lawyer in Miami. If you were involved in a minor car accident, simply filing a claim with an insurance company would be much cheaper and more effective than hiring a lawyer.
Note that most personal injury lawyers work on a contingent fee basis. This means that they will take a certain percentage of the compensation you receive if you, of course, win your case. The percentage can be a rather large chunk.
Below is a basic summary of the percentage a lawyer can possible take from you if he or she operates on a contingency fee basis.
If the case settles before an official appointment of arbitrators, a lawyer may take up to 33 1/3% percent of any recovery up to $1 million, 30% of any portion of the recovery between $1 million and $2 million; and 20% of any portion of the recovery exceeding $2 million.
The case settles after an appointment of arbitrators or after a demand for the appointment of arbitrators, a lawyer may take up to 40% of any compensation up to $1 million, 30% of any portion of the recovery between $1 million and $2 million, and 20% of any portion of the recovery exceeding $2 million.
If the case heads to trial, a lawyer may receive up to 33 1/3% of any recovery up to $1 million; 20% of any compensation received that is between $1 million and $2 million, and 15% of any compensation received exceeding $2 million.
If your case can result in hefty compensation, the percentages above may not deter you from seeking out a lawyer. An experienced personal injury lawyer can be extremely helpful in a personal injury case as he or she will not only prepare to take your case to trial if need be, but also be an adviser.
Miami Resources
CONTACT A MIAMI PERSONAL INJURY LAWYER
The experienced Miami lawyers at Zinda Law Group may be able to help you with your personal injury claim. We have represented clients in a wide variety of types of personal injury cases and have years of experience negotiating claims and taking them to trial. After an accident, you shouldn’t have to worry about affording legal representation, which is why we work on a contingency fee basis. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Call us today at (800) 863-5312 for a free consultation with one of our Miami personal injury lawyers.
Meetings with attorneys by appointment only.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free Consultation
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free Consultation
