Personal Injury Lawyer Serving Miramar
Miramar is a city in Broward County, Florida with a population of over 125,000 residents. The city’s official motto is “beauty and progress.” Miramar serves as the headquarters of many corporations, including Spirit Airlines. Attractions such as Monster Mini-Golf and The Miramar Cultural Center - Arts Park provide enjoyment for both residents and tourists. Some of the city’s top employers include the city government, Premier Beverage, and Comcast of South Florida. Just like people in other cities across the United States, residents and visitors there can be harmed in accidents caused by the careless behavior of others. If you are in this difficult position, we can help. At Frankl Kominsky, our experienced accident attorneys can try to help you seek the compensation you deserve for injuries suffered in Miramar and the surrounding region. Some of the legal areas where we have honed our skills include car accidents, motorcycle crashes, truck collisions, wrongful death, slip and falls, defective products, and nursing home negligence or abuse.
For 2018, Broward 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
Victims of accidents may be eligible to take legal action by filing a negligence lawsuit against the party that caused their injuries. The victim must show that the defendant had a legal duty to exercise reasonable care and that the defendant breached the 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 breach directly caused his or her injuries and that actual damages were caused by the injuries.
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 compensate the victim for damages 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 suffered the tragic loss of a loved one in an accident, you may be able to pursue a wrongful death claim against whoever was responsible. Under the Florida Wrongful Death Act, certain surviving family members, such as a spouse, child, or parent, can seek compensation for funeral and burial expenses, future income and lost support or companionship after the death of a beloved family member.The Types of Personal Injury Claims That We are Available to Handle in Miramar
- Slip, Trip and Fall and Premises Liability Claims: You may have a personal injury claim if you slipped and were injured in; a parking lot, private property or store.
- Boat, Cruise, or Jet Ski Injury Claims: when passengers are injured due to; boat or watercraft malfunctions, excessive speeds, lack of medical supplies or in a collision with another watercraft.
- Car and Auto Accidents Claims: Accidents that occurred while you were a passenger in the vehicle or one that involved a reckless or negligent driver.
- Motorcycle and Scooter Injury Claims: Motorcyclists who are injured by those operating larger vehicles who; drive while intoxicated, speed or have been distracted through texting.
- Bus Injury Claims: passengers who are injured because the owner or operator fails to properly maintain the bus, has been distracted, is driving while fatigued or driving while under the influence of alcohol or drugs.
- Bicycle and Pedestrian Accident Claims: Victims who have been injured by distracted or reckless drivers.
If you or a loved one is injured, your first priority should be to seek medical care and focus on your recovery. The 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 rental, gathering medical records, and requesting witness statements and 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. They may try to lessen the value of your claim or may offer a quick and easy settlement without offering to cover medical treatment, lost wages, or property damage. Before speaking with them, consult with a personal injury attorney for guidance.Filing a Personal Injury Lawsuit in Florida
If you’ve been hurt by the careless actions of another person or entity, you may have legal options to explore. Florida law allows an injured person to hold a negligent party accountable. A successful claim must be built around four central elements. These require the victim to prove that the defendant had a legal duty to exercise reasonable care, that the defendant breached this duty, that the breach directly caused the victim’s injuries, and that actual damages resulted from the injuries.
An example of how a negligence lawsuit could arise is a car accident that happens after a driver fails to yield properly at an intersection. In this situation, a victim might show negligence in the following way. He or she would start by proving that the other motorist had a duty to drive using reasonable care, which includes observing traffic laws. The injured person then would show that the defendant breached this duty of care by failing to yield, as the rules of the road required. Afterwards, the victim would need to prove that he or she would not have been hurt if the other driver had yielded properly. In the final step, the injured person might point to medical bills, damage to his or her car, or other expenses resulting from the crash.
In Florida, if you are found to be partially at fault, you can still collect a portion of your damages. The recovery award will be reduced by your amount of responsibility. This is known as the Pure Comparative Negligence rule. A judge or jury essentially assigns a percentage of fault to each party and then divides damages accordingly. For example, if a victim is 30 percent at fault, his or her compensation will be limited to 70 percent of the total amount of damages.Florida Statute of Limitations: Personal Injury Claims
All personal injury cases are subject to the Florida Statute of Limitations, which is a specific time frame during which you must either settle your claim or file it in the appropriate court. 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 fail to file your claim within the applicable statute of limitations, your lawsuit will likely be dismissed and you may 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 Miramar.Why Should I Hire a Broward County Personal Injury Attorney?
At Frankl Kominsky, we pride ourselves on providing our clients with superior customer service. We take a one-on-one approach to the way we deal with our clients. If you have been injured due to someone else’s negligence, you should have a dedicated legal team on your side. Our Florida accident lawyers are committed to helping injured victims. We have over 40 years of combined legal experience handling accident and injury cases, and we are available to assist you in your negligence claim.What Should You Do After an Injury?
If you’ve been injured, these are some things you may choose to do:
- Report the accident and injury to the authorities and property owner
- Miramar Police Department | 954-764-4357
- Be sure to get a copy of the accident or incident report
- If possible, document the scene of the accident with videos and photos
- Collect the contact information and statements from any witnesses
- Seek Immediate Medical Care from a qualified medical professional
- You may go to your own doctor or to a local emergency room.
- Example: Memorial Hospital Miramar | 954-538-5000
- 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.
- Contact an experienced personal injury lawyer for a Free Consultation
- 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 contacting a personal injury attorney
- DO NOT try to negotiate a settlement offer without speaking to an injury lawyer
- DO NOT post the information about the accident or your injury on Social Media
At Frankl Kominsky, our entire staff is dedicated to protecting the rights of victims in Miramar and throughout South Florida. With many years of experience behind them, our injury lawyers can guide you through the legal process and strive to aggressively hold negligent parties accountable. Your initial consultation is free, allowing you to investigate your legal options without any future obligation. To arrange a case evaluation, you can contact us online or call us toll-free at (561) 708-5461. Our staff is fluent in Spanish and Creole.