Personal Injury Lawyer Serving Coral Gables
Coral Gables is a city located in Miami-Dade County, Florida with a population of about 50,000 residents. Dubbed as the “The City Beautiful,” it boasts a variety of shops, art galleries, and stylish restaurants on a popular strip known as the Miracle Mile. In addition, other attractions include; The Fairchild Tropical Gardens and the Venetian Pool.
The University of Miami is located in Coral Gables and is the city’s largest employer. A number of large corporations have their headquarters there, including Bacardi and Fresh Del Monte Produce.
Despite the charms of this thriving community, accidents can happen to residents and visitors. If you’ve been hurt in Coral Gables because of someone else’s negligence, the experienced injury attorneys at Frankl Kominsky can try to help you recover compensation for your damages.
We are available to handle a variety of personal injury cases, such as slip and falls, car crashes, truck collisions, medical malpractice, defective products lawsuits, and more.Miami-Dade County Vehicle Accident Statistics
For 2018, Miami-Dade County has reported the following vehicle accident statistics:
- Total bicycle crashes: 726
- Injuries for all crashes: 16,684
- Fatalities for all crashes: 237
- Total hit-and-run accidents: 12,104
- Total pedestrian fatalities: 72
- Total hit-and-run fatalities: 16
- For all crashes: 41,082
- Motorcycle and Scooter Injury Claims: Motorcyclists who were injured by the drivers of a larger vehicle who was speeding, driving while intoxicated or was distracted by texting on a cell phone.
- Bicycle and Pedestrian Accident Claims: Persons who have been seriously injured by drivers who were reckless.
- Car and Auto Accidents Claims: Accidents involving reckless and negligent drivers or if you were a passenger in a vehicle.
- Bus Injury Claims: Passengers who are injured due to the fact that the bus wasn’t maintained properly, a driver who was distracted, was driving while tired or was driving while under the influence of drugs or alcohol
- Slip, Trip and Fall and Premises Liability Claims: If you suffered injuries in a slip and fall at a grocery store, private property or home or a department store or a parking lot, you may have a claim for your injuries.
- Boat, Cruise, or Jet Ski Injury Claims: when passengers are injured due to the craft not having the proper medical supplies, was excessively speeding, boat or watercraft malfunctions, striking another boat or watercraft
The statute of limitations for personal injury and wrongful death lawsuits differ. In Florida, you must file a personal injury lawsuit within four years from the date of the accident. In wrongful death cases, the time frame to file is two years from the date of the death.
If you don’t file your claim within the applicable statute of limitations, your lawsuit will likely be dismissed and you will be barred from pursuing your claim. Of course, there are exceptions to these limitations, however, they are quite rare and should be discussed with a personal injury lawyer.Protect Your Right to Compensation
If you’ve been harmed in an accident, you can explore the possibility of filing a lawsuit against whoever was responsible. If someone else is at fault for your injuries, you often can pursue a negligence claim. This is a useful option when a person or company acts without the level of care needed to avoid unreasonably exposing others to a foreseeable risk of harm.
Negligence lawsuits can develop in many ordinary contexts because carelessness is widespread in modern society. For example, a motorist could cause an accident because he or she was distracted while driving. Likewise, a nurse might administer an incorrect and dangerous combination of drugs to a patient, whose condition might worsen as a result.
In another situation, a store clerk might improperly stack merchandise that later falls and injures a customer in the shop. The driver, the nurse, the store clerk, and possibly their employers might be held liable for their negligent conduct.
In all of these examples, someone failed to take reasonable care in his or her actions. Reasonable care is usually defined as behaving in a way that a typically prudent person would behave in similar circumstances. In order for a victim to prevail in a negligence claim, he or she must establish the following elements:
- The defendant owed the victim a duty to exercise reasonable care;
- The defendant breached the duty by using a level of care that fell short of what a prudent person would have used;
- The defendant’s breach caused the accident; and
- The victim suffered quantifiable damages as a result.
If someone close to you has died in a tragic accident, you may be able to seek compensation through a wrongful death lawsuit.
Under Florida law, certain family members may receive compensation through a wrongful death lawsuit, including medical bills incurred prior to the death, property damage, mental anguish, loss of income, loss of society, loss of companionship, funeral and burial expenses, and more. The statute of limitations within which a wrongful death claim must be filed is two years from the date of the death.
If you were partially at fault for the accident and your injuries, you can still pursue a claim; however,your total compensation award may be reduced by your percentage of fault. This is known as Comparative Negligence in Florida law.
For example, if someone is deemed to be 25 percent at fault for a particular accident, that person will be able to recover 75 percent of the total damages.What Injuries Could You Claim For After an Accident
- Concussions, Fractured Skull, Traumatic Brain Injuries
- Herniated Discs or Back Injuries
- Neck and Spine Injuries
- Internal Bleeding
- Dislocated Shoulders, Hips, Knees
- Broken Arm or Leg and Fractured Bones
Other Accident Related Injuries Include:
- Soft Tissue Injuries and Whiplash
- Lacerations, Cuts, Scrapes, Bruises, Road rash
- Medical Expenses related to the accident and injury, which could include EMS transportation via ambulance or flight, cost of treatment at the emergency room, urgent care or your primary care physician, chiropractic treatments, MRIs, and prescription medication.
- Extended Medical Care, Custom Accessibility, or Rehabilitation: which includes home health care, wheelchairs, walkers, in-home lifts, long-term care facilities, and home renovation for accessibility.
- Lost wages and Loss of Future Income including time missed from work to seek medical treatment, follow up doctor appointments, MRIs and more.
- Property Damage for your vehicle
With the increasing population in Coral Gables, the chances of being injured in an accident increases as well. An injury can be caused by an auto accident, motorcycle crash, or a slip and fall on private property.
When you or someone you love is hurt or injured as a result of another's negligence or recklessness, we encourage you to consult a knowledgeable accident attorney.
An experienced lawyer will be able to review the details of your claim such as the cause and scene of the accident, your injuries and medical records, and how the injury impacted your life to guide you throughout the claims process.
At Frankl Kominsky, we strive to provide diligent legal representation and phenomenal case management along with superior client services. As our client, you have an entire team of seasoned injury professionals on your side.What Should You Do After an Accident & Injury?
If you’ve been injured, these are some things that you should remember:
- Report the accident and injury to the authorities and property owner
- Coral Gables Police | 305-442-1600
- If possible, document the scene of the accident with videos, photos, and witness statements along with witness contact information.
- Be sure to get a copy of the incident report and accident report
- Seek Immediate Medical Care from a qualified medical professional
- You can go to your own personal doctor or a hospital
- Example: Coral Gables Hospital | (305) 445-8461
- Keep a record of your injuries, medical treatment, and how the injury has impacted your life. Also, make sure to keep a copy of all medical expenses. All of your medical information should be kept in a separate location in your home in order to have easy access when needed.
The aftermath of an accident can be a confusing and painful time. When you’ve been harmed by the carelessness of another person or entity, however, you have a legal right to seek compensation for your injuries from whoever was responsible. A common way to pursue this goal is to file an injury claim.
Negligence is the failure to take proper care when doing something, resulting in foreseeable harm to someone else. A claim based on this legal theory consists of four main elements. First, an injured person must show that the defendant owed him or her a duty of care.
In most situations, this duty can be defined as the obligation to behave as a reasonably prudent person would behave in the same or similar circumstances. For example, a car driver should refrain from speeding, running red lights, texting while driving, or other behaviors that pose unnecessary risks to others on the road.
Next, the victim must establish that the defendant breached this duty of care. This refers to actions that fall short of the reasonable-person standard. For example, a store owner who fails to clean up spilled food on the floor for a long time may have breached the duty.
The last two elements of a negligence claim involve proving that the defendant’s breach caused the victim’s injuries and that the victim sustained damages as a result. Causation can be established by showing that the accident would not have happened if the defendant had acted with reasonable care, and that the accident was a logical consequence of the defendant’s carelessness.
Damages can be either objective, such as those intended to compensate for medical expenses and lost wages, or more subjective, such those directed toward a victim’s as pain and suffering. Other types of compensation available may include property damage and lost earning capacity.
If you or a family member has been harmed because of someone else’s negligence, you deserve to have an experienced and dedicated attorney on your side. At Frankl Kominsky, our highly skilled accident lawyers take pride in representing clients from Coral Gables and other areas of South Florida.
We try to carefully assess the merits of your case and try to devise a strategy that is suited to your situation. Whether your injuries are minor or serious, contact our experienced attorneys. For a free case evaluation, you can contact us online or call us toll-free at (561) 567-0298. We speak Spanish and Creole.