Personal Injury Lawyer Serving Miami
A suburb of Miami, the town of Miami Lakes has a population of over 23,000 residents. It is home to a unique indoor Veteran’s Memorial located at the Royal Oaks Parks Community Center. Miami Lakes offers a total of 99 parks in an area of less than seven square miles, which means there is a park in almost every neighborhood. Attractions in the area include Main Street, Miami Lakes Optimist Club Events and Shula’s Golf Club. As in other small American communities, residents and visitors in Miami Lakes can experience unexpected accidents.
If you’ve been harmed by the carelessness of another person or a company, you may be able to take legal action against the at-fault party. At Frankl Kominsky, our experienced accident lawyers can try to help you seek the compensation you deserve after suffering an injury in Miami Lakes or the surrounding area. We are available to handle a variety of negligence claims, including car accidents, truck crashes, motorcycle wrecks, slip and falls, medical malpractice, construction accidents, and more.What are Some of the Most Common Injuries Following an Accident?
The types of injuries that are usually seen by injury lawyers may result in many different mental and physical issues. Some of these include:
- Neck and Back Injuries
- Bone fractures
- Sprains and strains
- Paralysis due to spinal damage
- Brain trauma
- Permanent facial and body scars
- Muscular Injuries
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
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
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
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
Bicycle and Pedestrian Accident Claims: Victims who have been seriously injured by reckless or distracted drivers
Car and Auto Accidents Claims: Accidents involving a negligent or reckless driver, or while you are a passenger in a vehicleMiami-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
- DO NOT post the information about the accident or your injury on Social Media
- DO NOT neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- DO NOT give a recorded statement to the insurance company without first contacting an accident attorney
- DO NOT try to negotiate a settlement offer without speaking to an injury lawyer
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: Miami Lakes Police | 305-827-4020
- If possible, document the scene of the accident with videos, photos, and witness statements along with witness contact information.
- Get a copy of the incident report or the accident report
- Seek Immediate Medical Care from a qualified medical professional
- Example: Miami Lakes Medical Center | 305-621-8051
- 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 information should be kept in a separate location in your home in order to have easy access when needed.
If you’ve been hurt because someone else was negligent, you may be eligible to take legal action and pursue compensation for your harm. Victims can establish negligence by demonstrating the following elements:
- The defendant owed the victim a duty to exercise reasonable care;
- The defendant breached this duty by behaving recklessly or carelessly;
- The injured person was hurt as a direct result of the defendant’s breach; and
- The victim incurred damages because of the injuries.
Reasonable care is defined as acting at least as prudent as a reasonably prudent person would have acted in similar circumstances.
Essentially, this obligation requires everyone in society to behave in a way that would avoid unnecessary risks of harm to others.
Breaching the duty of care can happen in countless ways. The following examples illustrate incidents from different contexts in which a defendant might have failed to meet this standard:
- A car driver speeding in a thunderstorm
- A truck driver tailgating cars on the highway
- A physician operating on the wrong body part
- A nurse administering the wrong dosage of a drug
- A business leaving electric wires exposed where customers are present
- A restaurant failing to clean up a spill on the floor
Once the victim has established that the defendant breached the duty of care, he or she also must show that the defendant’s breach was the direct and proximate cause of the accident and the resulting injuries.
In other words, the victim must prove that he or she would not have been hurt if the defendant had not breached the duty of care, and also that the accident was a reasonably foreseeable consequence of the breach.
An injured person who is successful in a negligence claim may be able to pursue compensation for medical expenses, rehabilitation costs, reconstructive surgery bills, pain and suffering, property damage, lost income and benefits, or any other financial losses arising from the accident.
Monetary compensation can come through a settlement or through a verdict. While we aim to resolve matters quickly and try to get advantageous settlements for our clients, we also strive to zealously advocate for you in the courtroom.Personal Injury Claims: Damages You Can Recover
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, 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. Property Damage for your vehicle 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 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.
The statute of limitations for personal injury and wrongful death lawsuits differ. In Florida, you must file a personal injury lawsuit within two 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 fail to file your lawsuit 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 Miami Lakes.Your Right To Pursue An Personal Injury Claim
Victims of accidents are eligible to take legal action by filing a negligence lawsuit against the party that caused their injuries. These claims start by showing that the defendant violated a duty of care. A duty of care is an implicit obligation that each of us owes to anyone who might foreseeably be affected by our actions.
It requires every person to act at least as carefully as a reasonable person would act in a similar situation. After establishing that the defendant violated this duty of care, the victim must prove that the violation directly caused his or her injuries to be able to recover compensation.
While accidents can happen anywhere, here are some common ways in which negligence claims arise:
- A car driver texts while driving and collides with someone else on the road.
- A store owner fails to fix broken pavement at the entrance to his shop, causing a customer to slip and fall.
- A manufacturer sells a swing set with a cracked chain that ultimately injures a child.
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.
If you were partially at fault for your injuries, you can still pursue your claim; however, your total compensation award may be reduced by your percentage of fault. This is known as Comparative Negligence under 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.How Will a Personal Injury Lawyer Help My Case?
If you or a loved one is hurt or injured in an accident, your first priority should be to seek medical care and focus on your recovery.
The insurance claims process can be frustrating and could cause the added stress of dealing with property damage, gathering your medical records, and lost wages.
At Frankl Kominsky, our legal team will try to help relieve your stress by starting a claim for property damage, setting up a car rentals, gathering medical bills and records, and requesting police reports. We strive to build a strong claim against the at-fault party.
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.Free Consultation with Our Injury Lawyers Serving Miami Dade
If you or someone close to you has been harmed in an accident near Miami Lakes, you should have diligent legal representation.
At Frankl Kominsky, our trusted negligence attorneys will work diligently to try to get you the compensation you need to reduce the burden of recovery. We take great pride from guiding ordinary people through the legal process, which can become daunting otherwise. Our entire team is here to help you through this difficult time. To learn more about your legal options, contact us online or call us toll-free at (561) 567-0298. We speak Spanish and Creole.