Brain Injury Lawyers Serving Miami Gardens
Miami Gardens is an exciting city located in northern Miami-Dade County. It is a bustling hub for businesses and entertainment and is also home to numerous residential communities. As a vibrant urban center, Miami Gardens has plenty to offer its residents.
Residents of Miami Gardens know that the city offers something for everyone, from entertainment venues like Hard Rock Stadium and Calder Casino to ample shopping and dining experiences. With all the fun activities and busy life, brain injuries are one of the glaring dooms of this beautiful city.
Brain injuries can be devastating, often leading to lifelong physical and emotional impairments. Because of this, those who have been injured due to the negligence of another must be able to seek the justice and compensation they deserve. In Miami Gardens, residents have the right to pursue a brain injury claim and hold the responsible parties accountable for their actions.Who Can File a Brain Injury Claim?
If you've suffered a brain injury as the result of another person's negligence, you may be eligible to file a claim and seek compensation for your injuries. This includes if you have been involved in an accident caused by someone else, such as a car accident, slip and fall, or any other type of incident that harmed your head or brain. If you can prove that the other party is at fault for your injury, then you are eligible to file a brain injury claim.
In addition to accidents caused by another party, a claim may also be filed if you were harmed due to medical malpractice or defective products. You may also be able to claim if your employer is liable for brain injury due to workplace safety violations.
No matter the cause of your injury, it's important to consult an experienced brain injury attorney before filing a claim. They can help you determine who is at fault and ensure your rights are protected throughout the process.How Long Do I Have to File My Claim?
In Florida, the statute of limitations for filing a personal injury claim is two years from the date of the accident. This means that you must file your lawsuit within two years of the accident, or you may lose your right to compensation.
It is important to note that this time limit applies regardless of whether you file a claim against an individual or a business. If you fail to file within the set timeframe, your claim may be dismissed by the court, and you will not be able to recover damages.
It is also important to note that if a minor is injured in an accident, the statute of limitations does not begin until the minor reaches the age of 18. This means that if a minor was injured in an accident, they may have up to six years from the accident date to file a claim.
If you believe you may have a valid claim due to a brain injury, it is important that you contact an experienced attorney as soon as possible. An experienced brain injury attorney can help you navigate the legal system and determine the best course of action to take to recover the compensation you deserve.What Happens If the Statute of Limitations Has Expired?
If you have failed to file your brain injury claim within the timeframe set by your state's statute of limitations, you may have lost your right to pursue legal action against the party responsible for your injuries. Depending on the laws in your state, you may only have a few years to file a claim after the date of your accident or injury.
It is essential to consult with an experienced attorney as soon as possible after suffering a brain injury to ensure that you are not barred from filing a lawsuit due to the expiration of the statute of limitations. In most cases, the longer you wait to file a claim, the more difficult it can be to prove your case and collect the compensation you deserve.
If the statute of limitations has expired, you may still be able to pursue legal action in certain circumstances. For example, if the defendant was fraudulently concealing evidence of their liability or the statute of limitations did not begin to run until you discovered your injury or its cause. However, the courts generally narrowly construed these exceptions and required complex legal arguments.
It is also important to note that if you are filing a claim against a governmental entity, such as a school district or a municipality, there may be additional limitations on your ability to bring a claim. As such, it is essential to contact an experienced attorney as soon as possible after suffering an injury to determine the best course of action for filing a successful claim.How Much is My Case Worth?
When you begin the process of filing for a claim, one of the most important things you need to know is the value of your claim. Most claims are valued financially hence the question, "How much is my claim worth?"
The financial compensation you can expect to receive will depend on several factors. These factors include but are not limited to the extent and severity of your injuries, how much you spent on medical bills, and how much money you have lost as lost wages since your injury occurred.
If you've sustained a traumatic brain injury, the value of your case can range from a few thousand dollars to millions. The amount of compensation you receive also depends on whether or not the defendant was negligent and whether or not their actions caused your injury. In general, the more serious your injury and the more evidence of negligence there is, the more compensation you can expect to receive.
It's important to note that the value of your case will only be determined after your attorney has reviewed all of your medical records and other relevant evidence. An experienced brain injury lawyer can help you assess your damages and advise you on the best course of action.How Much Does it Cost to Hire a Brain Injury Attorney?
When filing a brain injury claim, you may consider hiring a personal injury attorney to help you navigate the process. An experienced brain injury attorney will have the ƒise and experience to guide you through the claims process and protect your rights.
The cost of hiring a brain injury attorney depends on several factors, including the complexity of your case and the fees charged by the attorney. Most attorneys charge an hourly rate for their services, though some may offer a flat fee for more straightforward cases. Discussing the fees upfront with your attorney is important so there are no surprises later.
In addition to the attorney's fee, you may also need to pay for costs associated with filing a claim, such as medical reports and court filing fees. Some attorneys will include these costs in their fees, while others may require you to pay them directly. Be sure to ask your attorney about any potential costs associated with your case before you sign a contract.
Finally, you may be eligible for assistance from legal aid or pro bono services if you cannot afford a lawyer. These organizations provide free or low-cost legal help to those in need. You can check with your local bar association or court clerk's office for information about pro bono services in your area.
No matter how much it costs to hire a brain injury attorney, it is worth ensuring that your rights are protected and that you get the compensation you deserve. An experienced attorney can provide invaluable advice and help you maximize your recovery.What Are Some Types of Damages I Can Recover from My Claim?
When filing a brain injury claim, it is important to be aware of the types of damages you may be eligible to recover. Depending on the specifics of your case, several different types of damages may be available. These include:
- Medical Expenses: These are the costs associated with medical treatments, therapies, and other medical services related to your injury. This includes any past and future medical expenses you may incur.
- Lost Wages: If you've had to miss work due to your injury, you may be able to recover the wages you would have earned had it not been for the injury. This can include lost wages from the time of the injury to the time of settlement or trial.
- Pain and Suffering: Pain and suffering include physical and emotional distress caused by the injury. It also includes physical discomfort caused by the injuries sustained and any mental anguish associated with it.
- Loss of Enjoyment: This type of damage refers to any loss in quality of life that may have occurred due to your injury. This can include an inability to engage in activities or hobbies you previously enjoyed before the injury.
- Punitive Damages: Punitive damages are awarded to punish a defendant who has acted outrageously or recklessly. These are usually only awarded when compensatory damages alone are deemed insufficient.
It is important to note that these are just some of the potential types of damages you may be able to recover in a brain injury claim. An experienced brain injury attorney can help assess your case and determine which damages may apply.How Long Will My Case Take to Settle?
The timeline for a brain injury claim to be settled is highly variable, as each case is unique and different factors can affect the time needed to settle. The amount of time it takes to settle a case can vary greatly depending on the facts and circumstances of the case, including the amount of evidence available, the amount of damages involved, and whether or not the parties can reach an agreement without having to go to trial.
If you and the defendant can reach an agreement, settling your case can take anywhere from a few weeks to several months, depending on how complex the case is. But if you cannot agree with the defendant or your case needs to go to trial, the time it will take to settle your case can become significantly longer. The court system can be slow in resolving cases, and if your case goes to trial, it can take months or even years before a settlement is reached.
It is important to remember that the timeline for settling your case will depend on your case's specific facts and circumstances. It is best to consult with an experienced brain injury attorney who can advise you on the estimated timeline for settling your case and guide you through the entire process.How Much Does it Cost to Go to Trial?
If you have not agreed on a settlement or the case has a criminal aspect to it, the case can go to trial. If you choose to go down this route, there is a price to pay. This price touches all aspects of your life, mental, emotional, physical, and even financial.
The financial aspect will focus on the cost of having the case run from start to finish. The amount you may spend depends on various factors, including the number of expert witnesses, travel expenses, and other costs associated with the trial.
Taking your case to trial can include filing fees, deposition costs, subpoenaing records, travel for witnesses and experts, and more. Your attorney's fees will likely increase as you move closer to trial.
You should also factor in the amount of time that goes into preparing for a trial. Your attorney will need to conduct extensive research, hire experts and/or investigators, review documents and evidence, and build a strong case. This can be a lengthy process and will add to the overall cost of your case.
It is important to remember that many brain injury cases do not make it to trial; they are usually resolved before reaching a courtroom. Therefore, the costs associated with taking your case to trial may not be necessary. However, it is important to discuss the possibility of going to trial with your attorney so that you know what to expect.What If My Case Goes to Trial and I Lose?
It is not uncommon for a brain injury case to go to trial, and the outcome may not be what you expected. If your case goes to trial and you lose, it can be extremely disheartening.
The first thing to know is that this does not mean the end of the road for you. In Florida, you can appeal the decision if you believe the court made an error in law or procedure. Even if an appeal is unsuccessful, you can still pursue other remedies, such as filing a motion for a new trial or a motion to set aside the verdict.
It is also important to remember that while it can be difficult to hear a "not guilty" verdict, a civil lawsuit involving a brain injury claim is not a criminal proceeding. The standard of proof is lower in civil cases than in criminal cases, meaning the burden is on the plaintiff to prove their case by a "preponderance of the evidence" rather than "beyond a reasonable doubt."
This means that even if the jury returns a not guilty verdict, it does not necessarily mean that the defendant was entirely blameless in the incident leading to your brain injury. Ultimately, it may mean that the jury did not find enough evidence to prove that the defendant was negligent or at fault for your injuries.What If the Defendant Files for Bankruptcy?
If the defendant files for bankruptcy, it may affect your ability to recover damages in a brain injury claim. While bankruptcy can provide debt relief to struggling individuals, it can also limit the compensation you receive.
The Bankruptcy Code allows debtors to discharge certain unsecured debts such as medical bills, credit card debt, and other personal obligations. As a result, any debt owed to the injured person due to the defendant's negligence may be discharged in the bankruptcy proceedings.
If the defendant files for bankruptcy, you should contact your attorney immediately so that they can investigate the matter further and determine whether or not you may be able to recover any damages through the bankruptcy proceedings.
Additionally, your attorney may be able to assist you in exploring other avenues of legal recourse. Depending on the specifics of your case, you may still be able to pursue a claim against the defendant's insurance company or other parties who may be responsible for the injury.Hire a Frankl Kominsky Injury Lawyers Brain Injury Lawyer Serving the Miami Gardens Area
If you have been injured in a brain injury accident and are considering filing a claim, it's important to hire an experienced attorney to help you get the compensation you deserve. At Frankl Kominsky Injury Lawyers, our brain injury lawyers are committed to providing our clients with personalized and dedicated legal representation.
Our attorneys have extensive experience working on behalf of injured victims, and we are passionate about fighting for their rights. We will work tirelessly to ensure you receive the compensation you deserve for your medical expenses, lost wages, pain and suffering, and more.
We offer free case evaluations, so don't hesitate to contact us today at (561) 800-8000 if you have any questions about filing a brain injury claim.