Pembroke pines Personal Injury Lawyer

Our Trial Experience and Aggressive Representation

We offer experienced legal representation to accident victims. Our personal injury attorneys are skilled in negotiations. And when a fair settlement can’t be reached, we are always ready to go to trial.

Insurance companies often want to avoid court, especially when dealing with a lawyer with remarkable trial experience. In such a case, they are more likely to offer better settlements.

Our legal team offers aggressive representation to secure maximum compensation for clients. We have recovered millions of dollars for clients, including a $2.2M settlement in an auto accident case, $3M in a truck accident claim, and a $2,5M medical malpractice settlement.

Additionally, we are skilled in handling cases involving catastrophic injuries and complex liability.

Local Knowledge of Broward County Courts and Insurance Companies

Local expertise matters in personal injury cases. Our lawyers know Pembroke Pines and Broward County court systems in-depth and understand the preferences of individual judges. Besides, we regularly deal with local insurers. So, we know their settlement patterns. Such local knowledge helps us negotiate better outcomes when handling Pembroke Pines residents and cases.

Personal Injury Law in Florida

Florida personal injury law, specifically Chapter 768,  allows individuals harmed by the negligence or intentional actions of others to seek compensation for damages incurred.  Negligence is the failure to act responsibly, resulting in harm to another person. It’s a legal standard for personal injury claims. 

Personal injury law covers auto accidents, slips and falls, medical malpractice, and more. An injured party in any of these cases can pursue compensation for medical expenses, lost wages, pain and suffering, and emotional distress, generally within two years from the date of the injury. 

To win a personal injury case, the plaintiff (the injured person) is required to prove four legal elements: duty of care, breach of duty, causation, and damages. 

The Four Elements of Negligence in a Personal Injury Case

• Element 1 – Duty of care: The defendant (the accused party) owed the plaintiff a legal duty to act reasonably and prevent harm. For example, a driver should follow traffic laws, and a property owner should maintain safe premises. 

• Element 2 – Breach of duty: Failing to meet the duty of care owed is a breach. For example, when a driver speeds or a property owner ignores a wet floor in a business. 

• Element 3 – Causation: The injury would not have occurred “but for” the defendant’s actions or inaction, and the injury was a foreseeable result of the defendant’s breach of duty of care. For instance, the plaintiff would not have been injured if the other driver had not been speeding.  

• Element 4 – Damages: The plaintiff suffered economic and non-economic losses.  

A skilled personal injury attorney can help you prove all four elements, strengthening your case. 

How Liability Is Established in Personal Injury Cases

Establishing liability requires solid evidence and documentation. The type of evidence you need includes physical evidence, witness testimony, medical records, police reports, and surveillance and dashcam footage.  

You should gather evidence immediately after the accident, before things at the scene change, and while witnesses are still available. Expert testimony from medical professionals, accident reconstructionists, or economists is also essential in strengthening your claim. 

Note that Florida has a modified comparative negligence law. You can only recover damages if you are 50% or less at fault for a personal injury accident.

Common Types of Personal Injury Cases We Handle in Pembroke Pines 

Different types of personal injury cases are reported in Pembroke Pines, and each requires specific expertise and strategy.  Bernstein & Maryanoff handles all major personal injury case types, protecting victims of: 

Car Accidents 

In Broward County, car accidents are the leading cause of personal injuries. Common causes of crashes are distracted driving, speeding, impaired driving, failure-to-yield, and drowsy driving. 

Even though Florida is a no-fault state, injured victims can take legal action against the at-fault driver for property damage and serious injuries that exceed their personal injury protection (PIP) limits.  

A personal injury lawyer can help you determine liability to receive fair compensation for medical expenses, lost wages, property damage, and pain and suffering, among other incurred damages. 

You have two years from the date of the accident to seek compensation. 

Slips and Falls/Premises Liability 

Premises liability is the legal responsibility of a property owner to maintain safe premises for visitors. Other property owner duties under Florida law are to warn of known dangers that are not open and obvious and to repair dangerous conditions. 

Examples of premises liability cases are slips and falls, inadequate security, falling objects, dog attacks, swimming pool accidents, elevator and escalator malfunctions, and defective stairways.   

Slip-and-fall accidents are common in Pembroke Pines. They mainly occur due to wet conditions, inadequate maintenance, and poor lighting. Falls are the leading cause of death for Florida seniors 65 years and above, with Broward County having high fall-related injuries. 

A property owner can still be held liable even if they didn’t directly cause the hazard (negligent maintenance). 

Medical Malpractice 

Medical malpractice is professional negligence by a healthcare provider that leads to patient injury. Healthcare professionals owe a duty of care to patients. If a healthcare provider breached their duty, this can result in compensation.  

Examples of medical negligence include failure to diagnose, surgical errors, birth injuries, failure to monitor, failure to conduct appropriate tests, failure to refer, and medication errors.  

Patients injured by these medical errors can file a personal injury claim against healthcare professionals and institutions. The damages available are medical expenses, lost wages, pain and suffering, emotional trauma, and future expenses. 

Truck Accidents 

Due to the size and weight of commercial vehicles, truck accidents often result in catastrophic injuries. Common causes of these accidents are improper loading, driver fatigue, brake failure, blind spots, speeding, and jackknifing. 

Truck accident cases involve unique aspects, such as federal trucking regulations, driver fatigue laws, maintenance requirements, and multiple liable parties. Therefore, they require specialized knowledge of commercial vehicle regulations from a skilled personal injury lawyer. 

An injured party in a truck accident can recover damages from a truck driver, trucking company, shipper, or maintenance provider. 

Wrongful Death 

A wrongful death is a death caused by another party’s negligence or intentional actions. It can occur because of an auto accident, medical malpractice, nursing home neglect, or intentional acts.  

Surviving family members can file a wrongful death lawsuit for compensation. The damages available are funeral expenses, lost financial support, pain and suffering, and loss of consortium. 

Since wrongful death cases carry emotional weight, it’s important that families get compassionate, skilled legal representation. Further, family members should take immediate legal action, as a two-year statute of limitations applies. 

Catastrophic Injuries 

Catastrophic injuries are severe, long-term injuries with permanent disability, such as traumatic brain injuries, spinal cord injuries, severe burns, and amputations.  

Cases involving catastrophic injury often result in the highest settlements and verdicts. This is because these injuries usually lead to lifetime care needs, lost earning capacity, and diminished quality of life. The future expenses an injured party may incur are ongoing medical care, assistive devices, home modifications, and vocational rehabilitation. 

Bernstein & Maryanoff, Injury Attorneys, has secured multi-million-dollar awards for catastrophic injuries over the years. 

Get more information on how to file a personal injury claim. 

What To Do Immediately After an Accident in Pembroke Pines 

Taking immediate action after an accident is integral to protecting your legal rights and strengthening your personal injury claim.  

Here are the steps to follow:  

• Step 1: Call 911 to get medical attention at the scene. You should also seek medical evaluation immediately after leaving the scene, even if you feel fine. 

• Step 2: Report the incident to the police when you call 911. 

• Step 3: Gather evidence at the scene, if you can safely move around. Take photos and videos of the scene, your injuries, and vehicle damage, and exchange information with the other driver(s). 

• Step 4: Collect witness information, including names and contact information, and if they agree, record brief statements using your phone. 

• Step 5: Document your injuries and symptoms by taking photos throughout your recovery and keeping a journal of your recovery. 

• Step 6: Do NOT speak to insurance companies without legal counsel. 

• Step 7: Contact a Pembroke Pines personal injury lawyer to understand your options. 

Understanding Compensation in Personal Injury Cases 

Personal injury law provides compensation for losses caused by negligence. The amount awarded depends on a case’s circumstances and damages. An injured party should understand the full extent of the damages suffered to recover fair compensation. 

Economic Damages 

Economic damages are measurable/quantifiable financial losses. They are easy to prove because they have documented financial records. 

Examples include: 

• Medical expenses: Hospital bills, doctor visits, surgeries, medications, medical devices, rehabilitation, and physical therapy. 

• Lost wages: Compensation for time missed from work, lost earning capacity, and reduced work hours due to injury. 

• Property damage: Expenses related to the repair or replacement of the vehicle and other damaged property. 

The future economic damages you can claim include ongoing medical care, long-term medication, assistive devices, home modifications, and vocational rehabilitation. 

Non-Economic Damages  

These are subjective, non-financial losses resulting from an injury. Examples include pain and suffering, emotional distress, emotional trauma, loss of consortium, post-traumatic stress disorder, and diminished quality of life. They compensate for reduced quality of life, ongoing suffering, and emotional impact. 

Since they can’t be quantified in dollars, certain methods are used to determine the amount to be awarded in non-economic damages. These include the multiplier method (multiplying total economic damages by a number between 1.5 and 5) and the per diem method (assigning a reasonable dollar amount for each day the injured person suffers). 

Various factors influence how non-economic damages are calculated, including severity of injury, duration of pain, impact on lifestyle, permanence of injury, and strength of evidence. Expert testimony from psychologists, life care planners, and other specialists can substantially help prove non-economic damages. 

Punitive Damages 

Although rare, punitive damages can be awarded in a personal injury case. These are damages awarded when a defendant is guilty of intentional misconduct or gross negligence. The purpose is to punish a defendant and deter similar behavior. A plaintiff must provide clear and convincing evidence of intentional/reckless conduct to recover punitive damages. 

Examples of egregious conduct include a drunk driver causing a car accident or a surgeon performing a procedure while intoxicated. 

Calculating punitive damages requires specialized legal knowledge and expert testimony. An experienced personal injury attorney can pursue punitive damages when appropriate. 

How Florida’s Statute of Limitations Affects Your Case 

The statute of limitations is the legal deadline to file a personal injury lawsuit. In March 2024, Florida changed its statute of limitations for personal injury claims from four years to two years.  

Generally, you can recover damages resulting from a car accident, slip and fall, medical malpractice, or wrongful death within two years from the date of the incident. The statute of limitations can be paused (tolled) or extended in certain circumstances. For example, when an injured party is a minor or when the defendant can’t be located. 

Missing the deadline may mean permanently losing your eligibility to recover damages. Hence, it’s critical to take action quickly. You should also ensure you file the initial complaint with accurate legal details to avoid errors that could lead to delays. 

 An immediate legal consultation upon injury allows your legal team to start the process earlier, including the discovery phase in litigation, which matters in determining a personal injury lawsuit timeline. 

Insurance Companies and Personal Injury Claims 

Many insurance companies primarily operate as businesses motivated by profit, not compassion. Consequently, they often employ tactics to minimize or deny claims. That’s why aggressive legal representation is vital in protecting your rights. 

Common Insurance Company Tactics To Minimize Claims 

• Tactic 1 – Offering quick, low settlements: A company makes an offer quickly before you can understand the full impact of your injuries. 

• Tactic 2 – Arguing pre-existing conditions: An insurer stating your injury is due to a pre-existing condition. It was not caused by the accident. 

• Tactic 3 – Demanding recorded statements: Insurance adjusters are trained to ask leading questions to get you to say something they can use against you. 

• Tactic 4 – Delaying claim processing: Some insurers delay the process by asking for unnecessary documentation or stalling investigations to frustrate a claimant to the point of accepting a lower offer. 

• Tactic 5 – Surveillance and social media monitoring: An insurer may hire a private investigator to monitor your daily activities or monitor you on social media to find anything that suggests you are healthier or more active than you claim. 

How a Personal Injury Lawyer Protects You From Insurance Companies 

If you were asking, how can a lawyer help with my personal injury case? Handling insurance companies is one of the ways they can protect you. 

Personal injury attorneys investigate claims, gather evidence, calculate damages, and negotiate settlements. Additionally, they understand the tactics insurers use and know strategies to counter them. 

Typically, insurers take claims more seriously when represented by a personal injury lawyer. And the possibility of going to trial often motivates them to offer fair settlements. 

You can get such quality legal representation without paying up front. So, how exactly can you benefit from a contingency fee?  

This payment structure removes a financial barrier to legal representation. It allows you to get early legal intervention, which is vital in strengthening your negotiating position. 

You pay no fees until we win your case.

Frequently Asked Questions