Homestead Personal Injury Lawyers
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ToggleIf you have been injured and there is any chance that your injury may have been caused by someone’s negligence, contact the Homestead personal injury lawyers at Flaxman Law Group. We’re located right in Homestead, on S Dixie Hwy and we’re pleased to offer a free consultation if you’ve been injured. Never just assume that you don’t have a claim. This can be a costly mistake. There is no cost and no obligation when you consult with Flaxman Law Group, so reach out to us to find out more about your rights after an injury.
Understanding Personal Injury Law in Homestead
In Florida, personal injury law protects individuals who have been harmed due to the negligence or wrongdoing of others. This area of law allows you to file civil claims against those who have hurt you either intentionally or through wilful action.
In a personal injury case, the person who caused the harm (the defendant) can be held legally responsible for your injuries. To build a strong case, an attorney will typically gather evidence such as medical records, witness statements, and accident reports. This evidence will be used to show that the defendant had a duty to act in a safe manner, that they breached this duty, and that this breach directly resulted in harm to you.
Common Personal Injury Cases We Handle
Homestead residents may file a claim for a range of situations where harm occurred. Our team works with clients who have been harmed due to:
- Motor vehicle accidents. We have worked with many clients involved in car crashes, motorcycle collisions, pedestrian accidents, truck accidents, train derailments, public transit accidents, ATV accidents, boat crashes, and many other kinds of vehicle accidents.
- Slip and fall accidents. Property owners have a duty to maintain safe conditions. If you fall due to unsafe conditions on someone’s property, you may have an injury claim.
- Dog bites. Any pet can attack, and animal owners have an obligation to keep their pets contained. When they fail to do so or fail to act when their dog has a history of biting, they can be held liable if their pet harms others.
- Wrongful death. Families are devastated when they lose a loved one, and their grief can be especially hard to bear if the fatality was preventable. Our team has brought many families justice.
- Construction accidents. Construction sites are busy workplaces, and they can be the location of devastating injuries, not only to workers but also to visitors and passersby.
- Nursing home abuse. Unfortunately, our most vulnerable seniors sometimes suffer neglect or abuse in the environments where they should be cared for and protected.
- Medical malpractice. When healthcare providers fail to meet the standard of care, it can result in serious harm to patients. Medical malpractice cases require specialized knowledge, and our team works with medical experts and expert witnesses to build a strong case for you.
- Workplace injuries. Injuries on the job can lead to workers’ compensation claims, but in some instances, you may have the right to pursue additional legal action against a third party. Our attorneys can help you determine which kind of claim is best in your situation.
Don’t see your injury here? That’s not a problem. If you have been injured, it costs you nothing to contact us to find out whether you have a claim and whether we can help you.
Benefits of Hiring a Homestead Personal Injury Lawyer
Personal injury law can be complex. You may need to determine whether you have a claim, how to file a claim, and how to build a strong case. Homestead personal injury lawyers know how to do all of this for you, and can also negotiate with insurance companies and other parties.
The reality is that insurance companies and other liable parties in your case will have lawyers, so you will be at a disadvantage without one. An attorney knows what to do and will take care of all the details of filing for you, so you can focus on your health.
Homestead personal injury lawyers also have access to resources you may not. In addition to legal knowledge and skill, they also have networks of private investigators, medical professionals, and other experts they can call on to build a strong case for you.
What to Expect from the Personal Injury Claim Process
The first step in any personal injury case is usually a consultation with an attorney. During this meeting, the lawyer will listen to the details of your injury, ask questions, and evaluate whether you have a valid claim. This is a no-obligation meeting, and it’s your chance to assess if the attorney is the right fit for your needs. You’ll also learn about your legal options and what the next steps in the process will be.
Should you decide to move forward with your claim, your attorney will begin gathering evidence to build your case. Your lawyer will analyze the evidence to determine who is at fault for your injuries. In addition, your lawyer will calculate the damages, which could include medical expenses, lost wages, property damage, pain and suffering, and future costs for ongoing care or rehabilitation.
After the evidence is gathered, your attorney will begin negotiating with the insurance companies involved. In many cases, insurance companies will offer a settlement to avoid going to court. Your lawyer will negotiate to ensure the settlement offer covers all of your expenses, including the likely future costs of your injuries.
If a fair settlement cannot be reached, your attorney may decide to file a lawsuit. This initiates the formal legal process, where both parties present their cases in court. Filing a lawsuit often encourages the insurance company to offer a better settlement, as they may want to avoid a lengthy trial. However, your lawyer will be prepared to take your case to court if that is what’s necessary. After hearing both sides, the judge or jury will make a decision regarding liability and damages.
If your case is successful, the final step is receiving the compensation you are entitled to. This may come in the form of a lump-sum payment or structured settlement. If your attorney has been working on a contingency fee basis, you will not need to pay legal fees until you have received money from the case.
Damages Available in Personal Injury Cases
When you’ve been injured due to someone else’s negligence, the law allows you to seek compensation for the harm you’ve suffered. These damages are intended to make you “whole” again by covering both tangible and intangible losses, including:
- Medical costs, including future medical treatments necessary for your injury.
- Income losses to cover the past and future wages you will lose because of your injury.
- Property damage, to repair or replace your car or any other personal property that was damaged in the incident.
- Pain and suffering, which puts a dollar amount on the loss of enjoyment of life, physical pain, and emotional distress you have suffered because of your injuries.
If you have lost a loved one because of someone else’s negligence, you may also be able to file a wrongful death claim. This type of claim can compensate you for final burial and funeral costs, loss of financial support, loss of companionship, and more.
What to Do After Being Injured
In the aftermath of an accident or injury, the actions you take can have a significant impact on your ability to pursue a personal injury. To protect your safety and your rights, here’s what to do:
- See a medical professional. Even if your injuries seem minor and even if you’re not sure you’re even injured, seek medical attention. After a serious accident, you’re in no position to evaluate your own condition and serious conditions such as whiplash, mental trauma, and head injuries may not have any symptoms at first but may still require immediate medical attention. Getting a medical evaluation also starts the process of recording your injuries.
- Report the incident. Report the incident to the relevant parties. This could include notifying a property owner if you slipped and fell in a public place or reporting an injury to a supervisor if you’ve suffered a workplace injury. In the event of a motor vehicle accident, you will need to report the incident to your insurance company and to the police. This creates a formal record that can support your case later.
- Start gathering evidence. If you’re rushed to the hospital, of course you will need to wait until your medical needs are taken care of, but if you can take photos and video of where the accident or injury took place. Write down what you remember and take photos of your injuries and any property damage. If anyone saw what happened, get their contact information. Create a file at home where you can keep copies of medical records, communications with insurers, the police record, receipts related to your injuries, and everything else related to your injuries.
- Talk to a Homestead personal injury lawyer. As soon as you can, talk to an attorney. You will want to do this before you make a statement about your accident, make any decisions about your situation, sign any documents, or post or talk about your injuries with anyone. Homestead personal injury lawyers can explain how much you may be able to seek in compensation and can help you avoid making mistakes that could hurt your case. Should you decide to pursue compensation, your lawyer can file the claim, build a strong case, and pursue fair compensation for your injuries.
As you are recovering from your injuries, it’s important to continue to follow your doctor’s instructions. This includes attending all medical appointments, following prescribed treatments, and avoiding any activities that could hinder your recovery. Demonstrating that you are doing everything you can to heal strengthens your case and it gives you the best chance of healing from your injuries.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Proving Liability in Personal Injury Cases
Proving liability means showing that the party responsible for your injury acted negligently or recklessly and is therefore legally responsible for what happened to you. Without establishing liability, it is impossible to secure compensation for your damages. In personal injury cases, the burden of proof lies with the injured party, which means your lawyer will work to gather evidence to show that the other party’s actions or failure to act led directly to your injury.
For example, in a medical malpractice claim, a doctor who fails to properly diagnose you may have breached the duty of care of care they owed you and caused your injuries. Your lawyer may gather evidence like witness statements, medical reports, and expert testimony to prove liability.
Your lawyer will also demonstrate that you suffered actual damages as a result. This means providing evidence of your injuries, lost wages, medical expenses, pain and suffering, and any other losses you’ve endured. Medical records, testimony from healthcare providers, bills, and documentation of lost work time can help to establish the severity and impact of your damages.
In many cases, the defendant and their legal team will attempt to minimize or deny their liability. They may claim you caused the incident that led to your injuries. The defendant might also argue that the injury was pre-existing. Your lawyer will know how to counter these defenses.
If you’re looking for an attorney who knows how to counter insurance company defenses and seek the right compensation for you, contact Flaxman Law Group for a free consultation. Our founder, Charles Flaxman, worked for insurance companies at the start of his career and has used this inside knowledge to secure fair settlements for clients, including multi-million-dollar settlements and verdicts.
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