Personal Injury Lawyer Serving Hialeah
Hialeah is a city located in Miami-Dade County, Florida with a population of over 200,000 residents. It is the sixth-largest city in the state. Residents and tourists can enjoy attractions including a private tour at Mack’s Fish Camp, a bike ride or picnic at the Amelia Earhart Park , or a horse race at the Hialeah racetrack. Every year, a number of people in this city are involved in accidents. If you’ve been harmed in Hialeah because somebody else acted negligently, you should consider contacting the experienced injury lawyers at Frankl Kominsky. We will fight on your behalf to try and pursue the compensation you deserve. Our firm is available to handle a variety of personal injury cases, including automobile accidents, tractor-trailer wrecks, medical malpractice claims, work-related injuries, slip and falls, and other claims.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
With the increasing population in Hialeah and Dade County, 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.
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.The Types of Personal Injury Claims That We are Available to Handle in Hialeah
- Motorcycle and Scooter Injury Claims: Motorcyclists who are injured by operators or drivers of larger vehicles who speed, drive drunk, or are distracted by texting
- Bicycle and Pedestrian Accident Claims: Victims who have been seriously injured by reckless or distracted drivers
- Boat, Cruise, or Jet Ski Injury Claims: When passengers are injured due to lack of medical supplies, excessive speed, boat or watercraft malfunctions, striking another boat or watercraft
- Slip, Trip and Fall and Premises Liability Claims : If you were injured in a slip and fall at a grocery or department store, private property or home, a parking lot, you may have a claim for your injuries
- Car and Auto Accidents Claims: Accidents involving a negligent or reckless driver, or while you are a passenger in a vehicle
- Bus Injury Claims: passengers who are injured because the owner or operator fails to maintain the bus, is distracted, is driving while tired or driving while under the influence of drugs or alcohol
Some of the most common injuries following an accident include:
- Neck and Back Injuries
- Bone Fractures
- Muscular Injuries
- Disc Herniations
- Paralysis due to spinal damage
- Brain trauma
- Permanent facial and body scars
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 serving Hialeah.
When one is injured in an accident, the at-fault party's insurance company may reach out for a recorded statement or they may offer a quick and easy settlement without offering to cover medical treatment, lost wages, or property damage.Filing a Personal Injury Claim Against the At-Fault Party
When you are hurt by the careless actions of another person or entity, you have a legal right to seek compensation from them. A victim can generally take action by filing a negligence lawsuit. Negligence is defined as failing to exercise the level of care expected from an ordinary person in similar circumstances. Each of us must avoid creating foreseeable and unreasonable risks for those around us.
There are countless ways that negligence claims can arise in ordinary areas of daily life. A person who drives 50 miles per hour over the speed limit, swerving in and out of lanes, can cause an accident that harms someone else on the road. A crash can happen when a fatigued truck driver gets behind the wheel even though he has exceeded the state limit for driving hours that week.
A restaurant owner who fails to use a “wet floor” sign after cleaning the floor may cause a customer to slip and fall.
Once liability is established, the defendant may be required to reimburse the injured person for many types of costs arising from the accident. Typically, a victim may be able to recover past, current and future medical bills, lost income and benefits, pain and suffering, property damage, and any other costs related to his or her specific circumstances.
In the state of Florida, the comparative negligence rule applies. This means that, if the victim was partially at fault, his or her recovery will be reduced by the percentage of his or her responsibility. For example, an injured person who was 20 percent at fault for an accident will not be able to recover more than 80 percent of his or her total damages.
If a close relative of yours has been killed due to the negligence or misconduct of someone else, you may be able to file a wrongful death claim against whoever was responsible. Wrongful death claims must be filed within two years of the date of death.
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 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.Protect Your Right to Compensation
When 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 are eligible to 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.
- Medical bills and expenses related to the accident and injury. This could include emergency transportation to the hospital via ambulance or flight, cost of treatment at the emergency room, urgent care or your primary care physician, chiropractic treatments, MRIs, physical therapy and prescription medication.
- Extended Medical Care, Rehabilitation and Custom Accessibility 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.
- Pain and Suffering
- Property Damage for your vehicle
If you’ve been injured, these are some things that you should remember:
- Report the accident and injury to the authorities and property owner
- Example: Hialeah Police | 305-687-2525
- Obtain a copy of the incident report or the accident report.
- If possible, document the scene of the accident with videos, photos, and witness statements along with witness contact information.
- Seek Immediate Medical Care from a qualified medical professional
- You can go to your own doctor or a local hospital
- Example: Hialeah Hospital | (305) 835-4370
- Keep a journal or 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 records should be kept in a separate location in your home in order to have easy access when needed.
- NEVER give a recorded statement to the insurance company without first speaking to a personal injury attorney
- NEVER neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- NEVER post the information about the accident or your injury on Social Media
- NEVER try to negotiate a settlement offer without speaking to an injury lawyer
If you have been injured because of someone else’s carelessness, you may be entitled to monetary damages, such as medical expenses, lost wages, pain and suffering, and property damage. Serving Hialeah and the surrounding areas, the dedicated accident attorneys at Frankl Kominsky understand what it takes to pursue your personal injury claim and strive to maximize your chances for compensation.
We proudly represent clients throughout South Florida, and we can speak Spanish or Creole for your convenience. We take the time to get to know your case and answer any questions you may have. Our team will work diligently and strive to provide you with the aggressive legal representation you need. For more information, contact us online or call us toll-free at (561) 708-5461.