Knowledgeable Legal Guidance For Miami Accident Victims

Located in Miami-Dade County, Florida, the city of Miami is home to nearly half a million people. It is a major center for finance, culture, and entertainment. Home to the legendary South Beach, Miami hosts numerous tourists every year. It serves as the headquarters of many Spanish-language television channels, including Univision, Telemundo, and TeleFutura. Many colleges and universities are located in and around Miami, including the University of Miami and Nova Southeastern University. Considering the ceaseless activity in this bustling city, it is not surprising that many people are injured there each year. At Frankl & Kominsky, our accident lawyers are committed to helping people in Miami and beyond who have been hurt because someone else acted carelessly or recklessly. We represent clients across South Florida in a variety of personal injury matters, including car, truck, and motorcycle crashes, medical malpractice cases, workplace accidents, premises liability claims, and more.

Assert Your Rights by Pursuing a Negligence Lawsuit

Typically, someone who has been harmed due to someone else’s careless conduct or wrongdoing can file a negligence claim against whoever was responsible. Negligence consists of a failure to take reasonable care in one’s actions. This means behaving less prudently than an ordinary person would behave in a similar situation.

To establish a negligence claim, an injured person must demonstrate the following elements:

  • The defendant owed the victim a duty of reasonable care;
  • The defendant violated that duty;
  • The defendant’s careless actions led directly to the victim’s injuries; and
  • The victim was forced to incur costs or other damages.

Breaches of reasonable care may be different in each case. For example, a driver may fail to meet the required standard if he or she texts while driving, since this behavior poses a needless risk to other people on the road. In a slip and fall accident, a breach could happen when a property owner fails to repair a faulty stair that endangers visitors who are lawfully on the premises.

Someone considering filing an injury lawsuit should know that Florida law uses a comparative negligence rule to determine liability. This means that a victim’s total recovery can be reduced but will not be denied if he or she contributed in part to the accident. For example, if a victim is deemed to be 20 percent at fault, he or she may recover 80 percent of the total damages arising from his or her injuries.

If your loved one has died tragically because of someone else’s negligence, you can file a wrongful death lawsuit. Under Florida law, the personal representative of an estate can pursue this type of claim on behalf of a deceased person. Any compensation recovered through the lawsuit is then distributed among certain surviving family members enumerated in the Florida Wrongful Death Act, including a spouse, children, and parents.

Pursuing Compensation with the Help of an Injury Lawyer in Miami

Negligence claims are highly fact-intensive, so it is vital to have a capable legal team on your side. At Frankl & Kominsky, our dedicated injury attorneys will spare no effort in trying to maximize your recovery after an accident in Miami or elsewhere in South Florida. We understand that dealing with the recovery process is a stressful time in your life, and you can expect respect and compassion from our entire team. We want to help you get through this difficult time as smoothly as possible. For a free case evaluation, you can contact us online or call us toll-free at (855) 800-8000. Our staff is fluent in Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl & Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl & Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon