A serious injury can have a long-lasting effect on your life. Beyond the physical pain inflicted by an accident, the cost of treatment can be overwhelming. If someone else caused your injuries, you might be eligible for compensation.
An experienced Miami personal injury lawyer could help you recover the money you need. At The Schiller Kessler Group, we pride ourselves on our record of helping personal injury victims recover the compensation they need after accidents. Learn more about how we can help during a free case evaluation and contact us by phone or through our online contact form to get started today.
Miami Personal Injury Cases We Handle
Our personal injury team handles a wide array of cases, employing years of experience and a proven track record of success. We are dedicated to advocating for the rights of our clients and securing the compensation they deserve. Our personal injury law firm in Miami have the following lawyers who can help in various personal injury cases:
Miami bicycle accident lawyers: Common causes of bicycle accidents include speeding, lack of focus, poor road conditions, driver exhaustion, inexperience, alcohol use, distractions, and inadequate bicycle gear.
Miami motorcycle accident lawyers: Motorcycle accidents frequently result from human mistakes, but factors such as road conditions can also significantly impact the likelihood of a crash.
Miami car accident lawyers: We manage all facets of car accident claims, from minor fender-benders to serious collisions. Our aim is to achieve equitable settlements for our clients.
Miami catastrophic injury lawyers: Severe injuries encompass conditions such as spinal cord damage, traumatic brain injuries, amputations, paralysis, and severe burns. Our firm is committed to helping you obtain compensation for these serious injuries.
Miami rideshare accident lawyers: Handling claims involving rideshare accidents can be complex. If you’ve been hurt in a rideshare vehicle accident, it’s crucial to seek guidance from an experienced personal injury attorney.
Miami slip and fall accident lawyers: Injuries that occur on another person’s property due to negligence are covered under premises liability. Common cases include slip and falls, inadequate security resulting in assaults, dog bites, and accidents caused by unsafe conditions. We are here to help.
Miami pedestrian accident lawyers: In Florida, pedestrians have the right of way at marked crosswalks and intersections. Drivers are required to yield to pedestrians in these designated areas.
Miami truck accident lawyers: Truck accident cases involve intricate legal challenges. We manage negotiations with trucking companies and insurance providers to ensure just compensation.
Miami wrongful death lawyers: The loss of a loved one due to someone else’s negligence is deeply distressing. We assist families in pursuing justice and financial compensation for wrongful death claims.
Miami work accident lawyers: Navigating the workers’ compensation process after a workplace injury can be challenging and complex. There are various filing procedures and insurance requirements to follow to ensure a successful claim
Regardless of the exact nature of your injury, our dedicated team is committed. We provide personalized legal representation tailored to your circumstances. We stand by our clients, working tirelessly to achieve favorable outcomes in their personal injury claims.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Accident Survivors Demand Justice for Catastrophic Injuries
The injuries victims endure following a serious accident can be devastating. The extent of your injuries will have an impact on how much compensation you can be awarded in your claim. Some of the most common injuries our clients have reported over the years include:
- Spinal cord injuries
- Loss of limbs
- Neck and back injuries
- Whiplash and road rash
- Concussion and traumatic brain injuries
- Post-traumatic stress disorder (PTSD)
- Burn injuries, including full-thickness burns
- Internal bleeding and organ failure
- Puncture wounds
- Wrist, shoulder, or knee injuries
- Herniated discs
- Bone breaks and fractures
- Dental and facial trauma
It is important to note that you do not need to suffer a life-threatening injury to pursue a personal injury claim. If your injuries or the accident that caused them have had a substantial effect on your life in any way, whether that be physically, psychologically, emotionally, or financially, you can hold the liable party accountable through a civil lawsuit. You can find out whether you have grounds for a legal claim when you contact a highly experienced car accident lawyer in Miami with The Schiller Kessler Group for a free consultation.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Available Compensation in a Personal Injury Claim
When evaluating a personal injury claim, it is essential to understand the various components that contribute to the total settlement or court award. The law gives you the right to be made whole under Chapter 768 Section 768.042 of the Florida tort statutes. The breakdown typically involves:
- Medical expenses – Reimbursement for all medical costs related to the injury, including hospital bills, surgeries, prescription medications, rehabilitation, and ongoing medical treatments
- Lost wages – Compensation for income lost during the recovery period, covering the time away from work due to injury and medical treatments
- Property damage – Reimbursement for repair or replacement costs for damaged property resulting from the incident
- Pain and suffering – Compensation for the physical and emotional distress experienced due to the injury
The above list of potential damages includes both economic and non-economic losses. These damages are the ones you could be entitled to as part of your personal injury lawsuit. Understanding the available compensation is essential for both plaintiffs and their legal representation when negotiating a settlement.
Punitive Damages in Miami Personal Injury Claims
You may also wonder whether punitive damages could apply in your case. While an award for punitive damages could significantly increase your settlement, they are not awarded as frequently as you may have thought. This is because, under Chapter 768 Section 72 of the Florida Statutes, punitive damages can only be awarded if the defendant’s conduct meets the criteria.
Generally, this means defendants must have been either grossly negligent or intended for the victim to suffer severe bodily injury or death for punitive damages to apply. For example, if you were seriously injured after being hit by a drunk driver who has several DUI convictions on their criminal record, the Florida civil court system in Miami (LINK) may decide punitive damages are appropriate. However, if you were injured in a work-related incident after accidentally falling from a scaffold, punitive damages may not apply.
Compensation for Wrongful Death Survivors
If your loved one tragically succumbs to a catastrophic injury, you deserve justice. Available damages in a wrongful death claim may include loss of consortium, lost services, guardianship, treatment costs, and funeral expenses, according to Fla. Stat. §768.21. Florida law allows certain family members to seek damages after the wrongful death of a loved one according to Fla. Stat. §768.20.
While nothing can truly compensate you for the loss of a loved one, the verdict in a wrongful death case seeks to address the financial hardships incurred due to the deceased person’s passing. Those identified as co-owners of a decedent’s estate may be able to seek compensation for funeral and medical expenses they have paid or are obligated to pay. This underscores the importance of legal representation after an accident.
How an Experienced Attorney Can Help You After an Injury
You can expect your legal team to take various actions to recover fair compensation on your behalf. We will handle every element of your personal injury lawsuit or insurance claim. You can expect us to help by taking the following actions:
- Investigating your accident to establish who is liable for your damages
- Gathering evidence to support your claim
- Speaking with eyewitnesses
- Consulting with expert witnesses
- Evaluating which damages you are able to pursue
- Calculating your claim’s value
- Filing the necessary paperwork with the appropriate parties
- Negotiating with the at-fault party’s insurance company or opposing counsel to reach a fair settlement agreement
- Fighting for you in court if necessary
If you suffered an injury due to the negligent or intentional actions of another party, a personal injury lawyer in Miami could help you recover the compensation you need to move forward. After you secure the services of a personal injury advocate with The Schiller Kessler Group, we can handle every aspect of your case. This allows you to free up your time to focus on your health and well-being.
Why Choosing Our Personal Injury Law Firm Is the Right Choice for Your Claim
At The Schiller Kessler Group, we understand the challenges life presents after an accident. Our dedicated team has assisted thousands of individuals throughout the state in securing compensation for injuries caused by negligence. Here are a few of the ways our law firm stands out:
- Proven track record – Established in 2004, our firm boasts a wealth of experience in successfully handling various cases, from car accidents to serious incidents like truck collisions and more.
- Personalized attention – Recognizing that no two accidents are identical, our team provides tailored and individualized attention to every client. We believe in understanding the unique aspects of each case to serve our clients better.
- Aggressive legal representation – We are relentless in our pursuit of justice. Our team is known for its aggressive legal representation, ensuring we hold negligent parties and their insurers accountable.
- Transparent communication – Keeping you informed is our priority. We promise prompt and transparent communication, so you’re always aware of new developments and can make informed decisions.
- Wide range of experience – Whether you’ve suffered injuries from a motor vehicle accident, a slip-and-fall, a dog bite, a work-related incident, or the wrongful death of a loved one, our attorneys have the experience needed to help you get back on your feet.
We have seven conveniently located offices throughout Florida. Our personal injury and wrongful death law firm is ready to provide the aggressive legal assistance you need. Trust us to be your advocates in pursuing fair compensation after an accident.
Our Personal Injury Law Office Works on a Contingency Fee Basis
When you hire The Schiller Kessler Group, you will not have to worry about whether or not you can afford our services. One of the main reasons for this is that we work on a contingency fee basis. That means we only get paid if we recover compensation for you.
If you do not collect damages, we will not collect a fee. If we succeed in getting you money for your injury or the death of your loved one, we will collect our fee at the end of your case. We do not ask for a retainer fee or charge an hourly rate like many other types of law firms. Instead, the fee we receive is assessed as a set percentage of the compensation you recover from the liable party.
This fee is paid directly out of the settlement or court-ordered payout you collect, meaning you will never pay any money out of your own pocket. This fee structure means you can be confident that your Miami personal injury attorney will work hard to recover as much compensation as possible. Additionally, it means that all injury victims can afford a legal advocate when they need one the most.
Establishing Negligence in a Miami Personal Injury Case
In Miami, proving negligence is critical when pursuing a personal injury case. This is because the burden of proof is based on a preponderance of the evidence under Fla. Stat. §766.202(4). The process involves demonstrating four fundamental elements:
- Duty of care – The first step is establishing that the defendant (at-fault party) owed you a duty of care. This duty varies depending on the situation but generally involves acting reasonably to prevent harm to others.
- Breach of duty – Once a duty of care is established, it must be shown that the defendant breached that duty to you through their actions or inactions. This breach indicates a failure to act as a reasonable person would.
- Causation – The plaintiff (you) must prove that the defendant’s breach of duty directly caused the injuries or damages suffered. Establishing a clear link between the breach and the harm is crucial for a successful personal injury claim.
- Damages – Finally, you or your attorney must show that you suffered actual harm or damages as a result of the defendant’s negligence. This harm can include physical injuries, emotional distress, medical expenses, and other losses.
In Miami personal injury cases, meeting the above criteria is essential for a successful claim. Seeking legal counsel and presenting evidence that clearly establishes negligence strengthens the case. Doing so could increase the likelihood of receiving the compensation you deserve.
Florida Is Now a Comparative Negligence State
In 2023, Florida shifted from being a pure negligence state to using a comparative negligence rule instead under Fla. Stat. §768.81. While this change does not affect all personal injury cases, it can have a dramatic effect when a plaintiff shares responsibility for an accident.
Under the previous rules, anyone injured in an accident could potentially recover compensation from another involved party as long as the injury victim was not 100% to blame.
However, under the new regulations, plaintiffs are barred from claiming damages if their level of fault is above the 50% mark.
Your percentage of fault will lower the amount of compensation you are eligible to receive. For example, if you are found to be 30% responsible for your accident and your case is worth $100,000, you can only collect $70,000.
Be Sure to File Your Lawsuit Before Time Runs Out
In the same legislation that changed their negligence laws, Florida also altered their personal injury statute of limitations. The timeframe for filing a legal claim has been reduced from four years to two years with the passing of Florida House Bill 837. If you do not submit the necessary paperwork within this period, you may be unable to collect damages.
The best way to determine the amount of time you have is by hiring an experienced personal injury lawyer as soon as possible after your accident. Your legal advocate will review the details of your case to determine whether any special circumstances apply and ensure that all the required paperwork is filed on time.
Miami Personal Injury FAQ
How Much do Personal Injury Lawyers Charge in Florida?
In many cases, when personal injury law firms work for their clients on contingency, when the case is successful, legal advocates will be entitled to anywhere between 25% and 40% of their client’s payouts. The rules for how these fees work can be found under Fla. Stat. §16.0155. Your personal injury attorney in Miami with The Schiller Kessler group will carefully consider a variety of factors when determining our fee for taking on your case.
When Should I Hire a Personal Injury Lawyer in Florida?
It is not uncommon for injury victims to be unsure whether they should hire a personal injury attorney for help. Recognizing when it is in your best interests to get a legal representative on your side is half the battle. Here are some instances in which it may be well advised to hire a personal injury law firm:
- You have suffered serious injuries caused by a defective product
- You were critically injured in a car accident
- You are going through a liability dispute
- Someone else’s negligence or misconduct killed a cherished family member
- The insurance company has unjustly denied your claim
- You were attacked or bit by an animal or dog
How Long does It Take to Settle a Personal Injury Case in Florida?
There are many factors that will determine how long it takes a personal injury case to settle. When there is an abundance of evidence, and everything seems to fall into place easily, personal injury lawsuits can be settled in as few as several months.
However, when there are multiple involved parties, evidence is more difficult to uncover, there are questions of shared blame, or the insurance company pushes back after filing a claim. It can take up to several years to resolve a personal injury case.
Generally, if the insurance company is willing to settle your claim fairly or the at-fault party is willing to compensate you for your damages in full without going to court, it will take less time to resolve your case. If insurance is not enough or the liable party is unwilling to provide fair and reasonable compensation, litigation may be your next best option. It is not unusual for personal injury lawsuits to take more than a year to finalize.
Schedule a Free Case Evaluation with a Miami Personal Injury Lawyer Today
At The Schiller Kessler Group, our team will work diligently to ensure you get the money you need from the liable party. We understand the challenges faced by injury victims and will do everything in our power to help. With a trial-tested and proven Miami personal injury attorney on your side, you have a chance to rebuild your life and escape financial ruin.
Reach out to us today by completing our quick contact form or giving us a call, and schedule a free consultation with a member of our legal team. We will answer all your questions and advise you on your legal options. Contact us now to get started with a free case evaluation.
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