Miami Personal Injury Lawyer | Miami Personal Injury Attorney
Flanagan & Bodenheimer Injury & Wrongful Death Law Firm has helped hundreds of injured Floridians find answers after devastating accidents. We understand how stressful it is to not only deal with the pain of a serious injury, but the legal component of an accident as well. Our Miami personal injury lawyers work hard to lift this burden from the clients we serve so that they can heal and focus on rebuilding their lives.
While no two situations are the same, our personal injury lawyers are ready to leverage our experience and resources to help you. Call today for a free and confidential case evaluation. We can go over your legal options and begin working on your claim right away.
Table of Contents
- Why should I hire a personal injury lawyer?
- Types of Personal Injury Cases We Handle
- Common Injuries in Personal Injury Cases in Florida
- Common Injuries in Miami, FL
- Florida Personal Injury Statistics
- Compensation for Florida Personal Injury Claims
- Understanding Negligence in Personal Injury Claims
- Steps to Filing Personal Injury Claims in Miami, FL
- Wrongful Death Cases in Miami, FL
- Frequently Asked Questions
- Why Choose Flanagan & Bodenheimer
- Free Personal Injury Consultation
Why Should I Hire a Personal Injury Lawyer?
Most victims of serious injuries have never found themselves in a similar situation. They don’t fully understand their options or aren’t familiar with the legal process. Even when they do, they may not have the resources or experience necessary to properly conduct an investigation into their case and build a strong claim.
A qualified and experienced personal injury lawyer in Miami will be able to:
- Build a strong case by obtaining all evidence related to the incident, including photo and video surveillance, statements from eyewitnesses, accident reports, and more.
- Ensure that their clients are evaluated by trusted medical professionals who can evaluate their injuries and total expected losses.
- Negotiate with all parties involved to obtain maximum compensation for their client so they can cover medical bills and lost wages.
- Take the case to trial in the event the responsible party does not negotiate fairly or in good faith.
Our clients always have access to their attorney, who will be able to answer any questions or concerns they have about their case. We have an extensive track record of success, including many multimillion-dollar settlements and jury verdicts for victims of personal injuries. Click here to learn more about our lawyers and their background.
Types of Personal Injury Cases We Handle
Our personal injury attorneys in Miami, FL have extensive experience helping residents and visitors to the area who have been injured due to the following:
- Wrongful Death
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Construction accidents
- Slip and fall incidents
- Property owner negligence cases
- Negligent security incidents
- Pool drowning accidents
- Medical malpractice
- Birth injuries
- Boating / maritime accidents
- Cruise ship accidents
- Rehab Injury & Negligence
- Nursing home abuse / neglect
- Electrocution Accidents
- Whippit injuries / accidents
- Kratom injury / wrongful death
- Liquor Liability / Dram Shop
- And more
Common Injuries in Personal Injury Cases
Our Miami personal injury lawyers help clients who have sustained a range of injuries caused by the careless, negligent, or even intentional actions of other people.
These may include the following:
- Broken and dislocated bones
- Severe lacerations
- Amputation injuries
- Traumatic brain injuries
- Spinal cord injuries
- Crush injuries
- Burn injuries
- Internal bleeding / organ damage
Florida Personal Injury Statistics
According to the Florida Vital Statistics Annual Report, unintentional injuries stand as the leading cause of death for Floridians aged 1-44 and rank fourth overall after heart disease, cancer, and stroke.In 2019, the most recently reported year, there were 18,159 lives lost to injuries, which made up 8.8 percent of all resident deaths.
Florida’s unintentional injury rates surpassed the national average by 12.57 percent, and violence-related injuries were 5.66 percent above the national average. When measured against the six most populated states in the US, Florida reported the highest injury death rates in several categories, including motor vehicle injuries, drowning, pedestrian accidents, and pedal cyclist accidents.
Motor Vehicle Accidents
Motor vehicle accidents, including car crashes, motorcycle accidents, and truck accidents, are among the most common personal injury cases in Florida. These accidents are frequently caused by distracted driving, impaired driving, or speeding.
Drowning incidents can occur in various settings, such as public pools, retention ponds, private residences, or water parks. Establishing liability often involves assessing the property owner’s duty of care and adherence to safety regulations. These accidents can be caused by lack of supervision, defective pool equipment, inadequate warning signs, and other factors.
Cycling accidents can easily lead to catastrophic injuries, including brain and spinal cord injuries. These accidents are frequently caused by negligent drivers, inadequate road signage, or defective bicycle components.
Pedestrians are often defenseless against the force of oncoming vehicles, making the consequences severe and life-altering. Pedestrian accidents are commonly caused by distracted drivers, poorly designed crosswalks, and other factors.
Injuries Unique to Miami
Both residents of Miami and visitors to the city face unique types of accidents that would be considered unusual in other parts of the country. Port Miami is the busiest cruise port in the world for both passenger traffic and cruise lines. Miami is often referred to as “The Cruise Capital of the World.” Because of this high traffic, there is a higher risk of injury. Slips & falls, workplace injuries, and construction accidents are common at ports and on cruise ships.
If you have been injured on a cruise, our Miami personal injury attorneys can help you seek compensation. Maybe the staff didn’t post signs indicating the floor was recently mopped, causing you to slip and break your wrist. Maybe you missed a step in a dimly lit stairwell and broke your ankle. These are just some common personal injuries that take place on cruise ships that we can help you seek compensation for. You shouldn’t have to pay for the negligence of the cruise ship company or the irresponsibility of the staff.
Compensation for Florida Personal Injury Claims
If you or somebody you care about have sustained a personal injury in Miami, there may be various types of compensation available for your claim.
At the Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm, we are regularly able to help clients recover the following types of economic and non-economic compensation:
- All medical bills and expenses related to the injuries
- Lost income if a victim cannot work while they recover
- Loss of future earnings or earning potential caused by the injuries
- Property damage expenses
- Out-of-pocket household expenses
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against a grossly negligent party
The total amount of compensation awarded in these cases will vary depending on the elements related to each case. This can include the severity of the injuries, whether a victim is disabled, how a victim’s ability to work is impacted, the level of physical and emotional pain and suffering, and more.
Psychological & Emotional Damages
One aspect of personal injury cases that is often ignored is the gravity of emotional and psychological injuries. Victims who have experienced trauma, as well as those who suffer from disabilities caused by their injuries, are more likely to suffer from mental and physical pain and suffering. This can manifest in feelings of depression, stress, anxiety, and fear.
It is not uncommon for those who have been injured to suffer from post-traumatic stress disorder (PTSD). While these injuries may not be as easily seen, they can greatly affect victims, and they absolutely can warrant compensation.
Understanding Negligence in Personal Injury Cases
Negligence, in the context of personal injury law, refers to the failure to exercise the level of care that a reasonable person would under similar circumstances. To establish negligence, the plaintiff must demonstrate the following elements:
- Duty of Care: The first step in proving negligence is establishing that the defendant owed a duty of care to the plaintiff. This duty is often determined by the nature of the relationship between the parties and the circumstances surrounding the incident.
- Breach of Duty: The plaintiff must show that the defendant breached the duty of care by failing to act reasonably. This involves demonstrating that the defendant’s actions or omissions fell below the standard of care expected in a similar situation.
- Causation: The injured person must establish that the defendant’s actions or omissions caused or was a substantial contributing cause of the injuries.
- Damages: Finally, the plaintiff must demonstrate that they suffered actual damages, such as physical injuries, loss of the capacity to enjoy life, disability, disfigurement, emotional distress, or financial losses, as a result of the defendant’s negligence. Your personal injury attorney can help determine and prove the damages in your case.
Examples of Negligence
- Motor Vehicle Accidents: Negligence in car accidents may involve actions such as speeding, distracted driving, or failure to obey traffic signals.
- Slip and Fall Cases: Property owners have a duty to maintain safe premises. Negligence may be established if a property owner fails to address hazards like wet floors, uneven surfaces, or inadequate lighting.
- Medical Malpractice: Healthcare professionals are expected to provide a standard of care. Negligence may occur if a medical practitioner deviates from accepted practices, leading to harm to the patient.
Steps to Filing a Personal Injury Claim in Miami, FL
- Gather Evidence: Gather and preserve as much evidence as possible at the scene of the incident. This may include taking photographs, obtaining witness statements, and collecting any relevant documents. The more details you can provide, the stronger your case may become.
- Contact a Miami Personal Injury Lawyer: Contact an experienced personal injury attorney who will review the details of your case and provide you with a clear understanding of your legal options. Our firm offers a free initial consultation.
- Determine Liability: Establishing liability is a key aspect of a personal injury claim. Your attorney will investigate the circumstances surrounding the incident, identify the responsible parties, and assess their level of negligence.
- Calculate Damages: Work with your attorney to assess the damages you’ve suffered. This includes medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. Accurate documentation of these losses is vital for maximizing your potential compensation.
- Seek a Settlement: Your attorney will engage with the insurance companies involved to negotiate a fair settlement. Flanagan & Bodenheimer has the expertise to navigate these discussions effectively, ensuring that your rights and interests are protected.
- File a Lawsuit If Necessary: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit and potentially taking your case to trial. While some law firms do not handle litigation themselves, our attorneys are ready to take your court to trial if necessary.
Wrongful Death Cases in Miami, Florida
If you lost a loved one due to someone’s negligence, you may be able to seek justice and compensation through a wrongful death claim. The negligent party could include drivers in motor vehicle accidents, medical professionals in cases of medical malpractice, property owners or managers in premises liability incidents, or manufacturers in product liability situations.
Families grappling with these tragic deaths often find themselves not only dealing with the emotional void, but also burdened by the weight of mounting medical bills, funeral expenses, and the abrupt loss of financial support. Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is committed to offering compassionate legal representation to ease the burdens families may be facing after the loss of a loved one. Learn more about wrongful death claims in Florida here.
Frequently Asked Questions
Can I File a Personal Injury Claim If I Was Partially Responsible For The Accident?
Florida follows a comparative negligence system, meaning that even if the plaintiff is partially responsible for the injury, they can still pursue compensation. However, the amount of damages awarded will be reduced proportionally to the plaintiff’s percentage of fault. Consult an experienced personal injury attorney to help you navigate the complexities of Florida’s legal system effectively.
How Much Time Do I Have to File a Personal Injury Claim in Miami?
Statute of Limitations in Florida
Every personal injury case is subject to a statute of limitations, which establishes the timeframe within which a lawsuit must be filed. As of March 24, 2023, in Florida, the statute of limitations for most personal injury cases, including motor vehicle accidents, product liability, and premises liability, is generally two years from the date of the incident.
There are some exceptions to these time limits when it comes to certain types of cases, such as medical malpractice and wrongful death. It’s important to be aware of this timeframe to ensure that you take timely legal action and preserve your right to seek compensation.
Even if you believe the statute of limitations has passed on your case, you can always contact a personal injury attorney to discuss your case and see if any of the exceptions may apply. It’s important to be aware of this timeframe to ensure that you take timely legal action and preserve your right to seek compensation.
How Do Settlements Work in Personal Injury Cases?
Settlements in personal injury cases are voluntary agreements reached between the injured party (plaintiff) and the at-fault party (defendant) or their insurance company. Rather than proceeding to trial, both parties agree on a specific amount of compensation to resolve the case. Settlements provide a guaranteed outcome, allowing the plaintiff to secure compensation without the uncertainty of a trial. Settling a case is often faster and more cost-effective than going to trial, as it avoids lengthy court proceedings and associated expenses. However, sometimes settlements are reached shortly before trial.
How Much Does a Personal Injury Lawyer Cost?
The most common payment arrangement for personal injury lawyers is a contingency fee. This means that the attorney only gets paid if you win your case. The fee is typically a percentage of the final settlement or court award. Contingency fees serve to make legal representation accessible to individuals who may not have the financial means to pay upfront or as the case progresses.
The percentage of the recovery that the attorney takes as a fee can vary but typically ranges from 33% to 40% depending on when in the legal process the case resolves. It’s important to discuss and agree upon this percentage during the initial consultation with your lawyer. In Florida, all contingency fee agreements must be reduced to writing and signed.
Why Choose Flanagan & Bodenheimer as Your Miami Personal Injury Lawyers
When facing the aftermath of a serious injury in Miami, choosing the best legal representation for your situation is a critical decision. Here are a few reasons why clients trust us with their personal injury cases:
- Exclusively Dedicated to Personal Injury and Wrongful Death Cases: Our law firm exclusively focuses on personal injury and wrongful death cases in Miami, Florida. This has allowed us to cultivate an expertise in these areas, setting us apart from firms that spread their focus across multiple practice areas.
- Small Caseload, Individualized Attention: Our personal injury law firm deliberately maintains a small caseload, ensuring each client receives personalized attention. In contrast to larger firms where clients may feel like mere case numbers, our clients have direct access to their attorney when necessary.
- Tackling Complex Cases Declined By Other Firms: We take pride in our readiness to tackle complex cases that other firms might decline. Our track record showcases successful outcomes for multiple clients who were turned away by other firms. If you’ve encountered rejection elsewhere, our personal injury lawyers in Miami may be able to help.
- Trial Expertise: Our team of personal injury attorneys is well-prepared to take cases to trial when necessary. We recognize that not all cases reach a settlement out of court, and our trial-ready approach ensures our clients are skillfully represented in any legal setting.
- No Upfront Costs: We understand that the financial burden of a personal injury can be overwhelming. That’s why we operate on a contingency fee basis. You pay us nothing upfront. We only collect fees if we successfully secure compensation for you.
For a free consultation with our Miami personal injury lawyers, contact us today at 305-638-4143 or complete our online form.
Contact Our Personal Injury Law Firm for a Free Case Review
If you or somebody you love has sustained an injury caused by the careless, negligent, or intentional actions of another person, contact the team at Flanagan & Bodenheimer Injury & Wrongful Death Law Firm today. Our qualified and experienced team of personal injury lawyers is ready to conduct a thorough investigation into your case and secure maximum compensation for your losses. We are not afraid of standing up to aggressive insurance carriers, and we will take your case to trial if that is what is necessary.
Our firm has sought justice for clients throughout South Florida. We proudly cater to a wide range of areas, including but not limited to Coral Gables, South Miami, Homestead, Miami Gardens, Doral, Aventura, Sunny Isles, Brickell, North Miami Beach, Kendall, Pinecrest, Hialeah, Cutler Bay, Hollywood, Miramar, Sunrise, Davie, Pompano Beach, Pembroke Pines, and Fort Lauderdale.