How The Miami Firm Of Kaire & Heffernan Can Help You
While anyone can file personal injury claims on their own, it is not necessarily wise to do so. Instead, contact our attorneys at Kaire & Heffernan, PLLC. With decades of experience, our lawyers can protect your rights and provide you with experienced legal counsel and representation in court. Below are two of the most important reasons why we are the right choice to represent you:
1. We have knowledge and experience: Our firm has represented thousands of clients in similar injury cases. We have significant legal skills and an understanding of the law in all types of accidents, including slip-and-falls, medical malpractice cases, motorcycle accidents, car crashes, cruise ship accidents and more. As a result, we are skilled in handling personal injury cases and know how to avoid some of the typical mistakes individuals make. We also have a great understanding of the state’s legal system and know which rules and procedures must be followed.
2. We know how to deal with insurance companies: Our personal injury lawyers are seasoned in the art of negotiating with insurance companies. Without legal representation, you risk accepting an unfavorable settlement offer from the insurance firm of the opposing side. If you’re involved in a car accident, for example, then the other driver will probably have a large insurance firm on their side with a team of lawyers to protect their interests. It can be nearly impossible for injury victims to recoup medical expenses, lost wages and other damages when up against the opposition alone.
We know that insurance companies sometimes try to take advantage of people, and we won’t let that happen to you. We will communicate with their lawyers on your behalf, and we’ll use our vast case law knowledge in order to negotiate damages owed and get you fair compensation.
Elements Of A Successful Personal Injury Case In Miami
Accidents and resulting injuries are common, but that doesn’t make them less painful or damaging for a victim. If you or a loved one has been injured, it’s important to protect your rights through a personal injury claim. You can obtain compensation for your injuries and related expenses by proving four elements of negligence:
- The defendant had a duty under the law to behave or avoid behaving in a certain manner to prevent injury to you or your loved one.
- The defendant did not meet that duty due to an action or failure to act.
- The negligent behavior of the defendant resulted in your injury.
- You suffered harm because of the injury.
For injuries suffered on the job and claims related to workers’ compensation, it is not necessary to demonstrate that the other party was at fault.
Automobile accidents are an exception to personal injury laws in Florida, which is a “no-fault” state. This means that your auto insurance policy pays for your injuries and property damage regardless of who was at fault in the accident. However, you still may file a personal injury claim if you sustained serious injuries in a car accident, including significant, permanent injuries, scarring or disfigurement.
Florida’s Statute Of Limitations For Injury Cases
In Florida, you must file a personal injury claim within four years of the date you were hurt. The deadline for suing the state or local government is three years after an accident. The statute of limitations may be shorter for certain types of accidents. If you fail to file within the statute of limitations, then you may lose the right to sue. Plaintiffs may not realize that they suffered long-term harm for some time after an accident. The filing deadline may be extended in such instances.
Were Several Parties At Fault For Your Injuries?
In some cases, more than one person may be responsible for negligent behavior that causes injury to someone else. The state of Florida has rules regarding “joint and several liability,” or more than one individual being at fault.
If a court finds that an individual is at fault 10% or less for your injury, then that individual will not be required to pay out of pocket for any economic damage to you. If someone is at fault by more than 10% but less than 25%, then the individual can be held liable for up to $500,000 in damages.
Being at fault between 26% and 50% can mean damages of up to $1 million, and someone found to be more than 50% at fault can be liable for damages of up to $2 million. If you’re determined to be partly to blame for your injuries, then the damages you can collect are reduced under Florida’s comparative negligence law.
If you’re harmed by a defective consumer product in Florida, a legal principle known as “strict liability” comes into play. Under strict liability, companies are responsible for making safe products. If a product defect caused your injury, then you may be entitled to damages.
What To Know About Compensation For Your Injuries
If you file a personal injury lawsuit and you’re successful, then a judge or jury may award you damages to cover the harm that you’ve suffered. The amount of damages can include compensation for costs like lost wages, medical bills and the loss of future wages. In addition, damages can compensate you for your pain and suffering due to your injuries. If you were disfigured or disabled in an accident, then you also may receive damages.
The amount of money you receive may be limited by the law. In Florida, state law caps the amount of punitive damages you can win. In most personal injury cases, the state’s limit is three times the amount of compensatory damages, or $500,000 – whichever is higher.
Depending on the details of your case, it also may be possible to reach a settlement with the responsible party rather than going to court. When you agree to a monetary settlement, you receive compensation for your injuries without going through a potentially lengthy trial. We can advise you on the chances of winning a case through litigation and whether a settlement offer is favorable to you.
Common Miami Personal Injury Questions, Answered
Below, we’ve provided answers to questions you may have about your personal injury case.
How is a wrongful death claim different than a personal injury lawsuit?
They share many similarities, including the types of incidents that give rise to a legal claim. In other words, the accident scenarios that would qualify for a personal injury claim are similar to those found in many wrongful death lawsuits. There are two main differences between personal injury and wrongful death, the first of which is the degree of harm (survivable injuries vs. fatal ones). The second is who serves as the plaintiff. Since the deceased victim cannot sue on their own behalf, certain surviving family members may act as the plaintiff. You can learn more on our wrongful death claims page.
If a prescription drug has been approved by the Food and Drug Administration, does that mean it is safe?
Unfortunately, no. The FDA plays an important role in keeping many dangerous drugs off the market, but pharmaceutical companies sometimes withhold important information about risks and side effects. Additionally, many medical products are not subject to FDA approval, and they can only be banned after enough people have been harmed to prompt a recall and other reactive enforcement measures.
Do I have legal options if my insurance company denied a claim that should have been covered?
You might, and it is important to discuss your options with an attorney. Insurers are legally required to act in “good faith,” which means honoring the terms and spirit of a policy whenever possible. If your insurer unfairly denied a claim, you may be able to bring an insurance bad faith action against the company.
Contact Us For Knowledgeable, Aggressive Representation In Miami
Have you been the victim of a serious personal injury caused by someone’s negligence? Has a family member or loved one suffered a wrongful death due to someone else’s negligence? You’ll want a seasoned lawyer to help fight for your rights and get you fair compensation. At Kaire & Heffernan, we have worked on thousands of cases since we opened our doors in 1997, obtaining many favorable results. To schedule a free consultation, you can contact us online or call 305-376-7860. Se habla español.