Best Personal Injury Lawyers in Miami

FAQs

• What is the non-emergency contact number for the local police station in Miami, Florida?

  Contact the Miami Police Department at 305-579-6111 for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Miami, Florida?

  Request incident reports through the mail to the City of Miami Records Unit P.O. Box 01677 Miami, Florida 33101. Request by calling the records custodian of the Miami Police Department at 305-603-6477 or visiting the police station at 400 NW 2nd Avenue in Miami.

• Who are the doctors conducting an independent medical examination during a personal injury case in Miami?

  Doctors who conduct independent medical examinations are usually physicians provided by the insurance company in Miami. They are not the ones treating you, but their job is to provide an objective assessment of your medical condition and injuries. These examinations usually are not required, but insurance companies reserve them for lawsuits involving high-amount damages or permanent injuries. However, the court may dismiss your case if you do not attend the examination.

• Where are personal injury cases tried in Miami?

  It depends on how much the worth of the personal injury case is. The circuit court handles cases with a value greater than $30,000, while the county court handles cases greater than $8,000 but less than $30,000. Personal injury actions in Miami must be filed in the Miami-Dade County Courthouse at 73 W. Flagler Street in the metro or the Joseph Caleb Center Court in Suite # 103 at 5400 NW 22nd Avenue.

• What are the clients' rights when their personal injury lawyer messes up their case in Miami?

  You can fire your lawyer at any time in the personal injury process if you think they screwed up your case in Miami. In some cases, you may be able to sue lawyers if their actions constitute a failure to ask client's consent, fraud, and failure to file documents. If your lawyer fails to apply knowledge of the law, has made an error in planning strategies, and did not fully investigate matters, you can also file a legal practice against them.

• What constitutes an intentional tort in a personal injury lawsuit in Miami?

  An intentional tort in a Miami personal injury case is the intentional action of a person that caused an injury to another. Some types of intentional tort include trespassing, theft, false imprisonment, and intentionally inflicting harm that causes emotional distress. It is important to note that intentional tort is not covered by insurance, and the injured party has to pursue compensation from the defendant, who may or may not have the resources to pay for the damages.

• Can you file a personal injury lawsuit on behalf of a minor in Miami?

  Yes, because by state law, minors cannot bring a lawsuit in court until they turn 18. In Miami, parents and legal guardians can file a lawsuit on behalf of their injured children. However, there are certain situations wherein the court deems parents unfit to file the lawsuit and appoints another person instead if it is in the children's interest.

• How to choose a personal injury attorney?

  It's crucial to find a personal injury attorney who is experienced, but it's also important to feel comfortable. Take advantage of free consultations and ask questions about how long each candidate has been practicing, how their fee structure works, and who will be handling the majority of the casework (some big firms may hand off routine tasks to paralegals). Above all, find someone who listens well and believes they can achieve an optimal outcome. Still uncertain? Ask friends for referrals and check out online reviews.

• What does a personal injury lawyer do?

  Personal injury attorneys help those who have suffered due to the negligence of others get the compensation they deserve. That may include negotiating settlements with other people, insurance companies, or even government agencies or arguing the case in court. Some attorneys specialize in a certain type of injury, such as auto accidents or birth injuries, while others advocate for almost any injured party.

• What does personal injury law cover?

  In the legal world, "personal injury" is any kind of injury, physical or psychological, that results from the negligence of a person, business, or other entity. While visible or acute injuries such as a broken leg or concussion are among the most obvious types of personal injuries, this category also covers less tangible injuries such as emotional distress and issues such as asbestos exposure that may contribute to long-term problems.

• What are the most common types of personal injury claims?

  Personal injury claims encompass a wide variety of situations ranging from accidents on privately owned property to injuries in the line of duty to whiplash sustained during a commute. These claims may include car accidents, dog bites, slip and falls, medical malpractice, defamation, product defect accidents, premises liability, product liability, workplace accidents, food poisoning at a restaurant, and boating or aviation accidents.

• How do personal injury lawyers get paid?

  Many personal injury lawyers advertise that they don't get paid unless their client does. This is called "working on contingency," meaning the attorney is compensated only if they win their case. These payments are typically percentage based, giving attorneys a predetermined portion of the court-ordered award. Other lawyers may command an hourly rate or combine an hourly rate with a smaller contingency fee.

• How much do personal injury lawyers charge?

  Personal injury lawyer fees can differ from state to state and may be subject to local regulations. In general, personal injury attorneys work under contingency agreements entitling them to 33% of any related settlement or award. Sometimes lawyers use a sliding contingency, charging 33% for awards agreed upon during pre-trial negotiations and raising the fee to 40% once the matter goes to trial.

• When do I need to hire a personal injury lawyer?

  Anytime an injury is known or suspected to be the result of negligence, it's a good idea to consult with a personal injury attorney who can offer insight into the validity of a claim and whether or not that claim is worth pursuing legally. A consultation is particularly important if someone has suffered serious injuries that have left them disabled or otherwise impacted their financial future or quality of life.

• Can I file a personal injury claim without a lawyer?

  It's possible to pursue a personal injury claim without an attorney; however, it's best to save self-representation for cases involving minor injuries or are otherwise considered straightforward. Cases that involve serious injuries that are not completely resolved or where liability has yet to be determined are more complex. Those situations can quickly become stressful and time consuming as they require an understanding of tort law, resources for gathering medical records, and time to review photographs and evidence pertaining to the injury and scene of the accident (if applicable). Bringing on an experienced personal injury lawyer could result in a higher reward while giving the injured party more time to concentrate on their physical, mental, and emotional recovery.

• How long does a personal injury lawsuit last?

  The length of time it takes to settle a personal injury lawsuit is highly dependent on a number of factors ranging from the type of case to the length of medical treatment to whether the suit is settled before court or requires a long trial. While most personal injury cases are resolved within two years, more complicated suits could take longer.

• What are the benefits of hiring a personal injury lawyer?

  It's tempting to save on lawyer's fees by pursuing self-representation, but there are many benefits to hiring a personal injury lawyer including their years of experience. A good attorney will know how to properly assess your damages, including not just medical bills but other concerns, such as lost wages and pain and suffering, to craft a demand that fully reflects the compensation to which the injured party is entitled. They also have the resources and knowledge necessary to consult with experts, negotiate effectively with insurance companies, properly navigate the legal system, and otherwise ensure the best possible outcome.