Aventura, FL, Personal Injury Lawyer

Types of Injury Cases We Handle in Aventura

At Bernstein & Maryanoff, our team litigates on a wide range of personal injury cases. We don’t consider any case too large, too small, or too complex. Our Aventura personal injury attorneys handle cases such as:

• Car accidents
• Truck accidents
• Uber, Lyft, and other rideshare accidents
• Slip-and-fall accidents
• Medical malpractice
• Product liability
• Dog bites
• Wrongful death
• Catastrophic injuries
• Motorcycle and pedestrian accidents

No matter the exact details of your case, if you’ve been injured and someone has been negligent, we’ll fight aggressively for your rights and for you to be made financially whole.

How Our Aventura Attorneys Help You After an Injury

If you have suffered an injury, it might feel overwhelming at first. You might not know what to do, who to call or even which first steps to take. We can tell you with certainty that after you’re safe and stable, your first call should be to us.

Why? Because we can help shepherd you through all of the other steps you’ll need to make things right again. The legal and medical systems can feel overwhelming, but we’re here to help.

First, we’ll provide an immediate case evaluation to take a look at the facts of what happened. If we believe there is merit, we’ll move into an evidence gathering and investigation phase where we dig deeper into the details of the incident and surrounding circumstances. We may also speak with experts who can help build a case.

If at any time before contacting a personal injury attorney you are approached by an insurance company to settle your case, do not sign or agree to anything. They may be trying to get you to agree to a settlement that is not in your best interest. They are usually scared of us and think about their bottom line rather than your best interest.

Because getting better is the main goal, at all times we can help with treatment referrals to places like Aventura Hospital, and we even help with insurance negotiation and claims handling. We want to make sure no one is left without representation.

If negotiations with the insurance companies fail, we’ll provide full trial-ready litigation support. Our attorneys prepare every case as if it will go to trial. This helps strengthen your position at the bargaining table, even if you don’t go to court. We don’t cut corners at Bernstein & Maryanoff.

What To Do After an Injury in Aventura

If you’ve experienced an injury, the steps you take next can mean the difference between receiving justice and compensation for your injuries and going without.

Safety first. If you’ve been injured, the first thing you should do is call 911 or the Aventura Police Department (who can be reached at 305-466-8989).

In all cases, you should seek emergency treatment, even if you feel fine. In many instances, injuries don’t show up until later. Your body may be full of adrenaline or other hormones that are masking your injuries, or the true severity may not become apparent until days, weeks, or even months later.

Along with a police report, getting emergency treatment from a hospital, doctor, or other medical professional additionally provides an important record of your injuries and what may have happened. Don’t skip this step, even if you feel fine.

As soon as possible, document the scene of the injury, if it’s safe to do so. You can take photos or videos, speak with any witnesses who may have seen what happened or get their contact information, and document anything that may be relevant to the causes of your injury.

You should also document all of your injuries and keep any medical bills or other bills you may have received. This even includes bills such as transportation to and from medical appointments. Keep everything. You also want to keep the clothing you were wearing during the incident as well.

Next, contact a personal injury attorney. We’ll help you gather all the evidence you may need. In the meantime, do not speak with insurers. They may be trying to get you to settle for much less money than you deserve.

You should also refrain from posting on social media. Certain posts may be misconstrued, taken out of context, or otherwise used in your case, so it’s best to avoid them until a settlement is reached, or the trial has concluded.

Florida Personal Injury Law Overview for Aventura Residents

Personal injury law can be extremely complex. Like nearly every other area of law, it’s governed by a very specific set of rules and statutes, built on potentially hundreds of years of case law. It may even change periodically, according to state and federal lawmakers.

Of course, with more than 40 years of experience, we are experts in these laws. However, in the interest of education and your case, it’s important that you understand some facets of personal injury law.

The first is what is called the statute of limitations. This is a fancy phrase that means the time you have to file a personal injury case since the injury happened, or in some cases, since the injury was discovered.

In Florida, this is generally two years. In 2023, it was reduced by Governor Ron Desantis from four years. There are some cases in which the statute of limitations may be longer, for example, in cases of medical malpractice that include fraud or concealment, but two years is the general rule.

If you attempt to file after this, you may lose the case on a technicality, so it pays to move quickly and to contact us immediately. If you have questions, contact us, and we can perform a free case review.

The second concept you should understand is called comparative negligence or comparative fault. In Florida, you can only recover personal injury damages if you are less than 51% at fault for the injury. Your compensation may also be reduced by your percentage of fault in the accident.

Finally, all Florida drivers must carry personal injury protection insurance, commonly referred to as PIP. This covers medical bills and lost wages, regardless of fault. However, if your injuries meet the legal threshold for a “serious injury,” you may be able to sue outside of PIP coverage.

According to Fla. Stat. § 627.737, these injuries include:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death of a loved one

Types of Compensation You Can Recover

In Florida, there are three types of compensation you can recover for personal injuries: economic damages, non-economic damages, and punitive damages.

Economic damages are things for which a dollar amount can be easily attached. Think of expenses like medical bills (both current and future), lost wages and career impact, property damage and out-of-pocket expenses, transportation associated with medical appointments, etc.

The second is called non-economic damages. These are things that are harder to attach to a direct dollar amount, but are real, nonetheless. These are for conditions such as pain and suffering, emotional distress, and mental anguish.

The final form of damages are less common but can be assigned in Florida in certain circumstances. These are called punitive damages. Punitive damages are assigned to punish the person who was negligent and created the conditions for the injury and accident. Punitive damages are only assigned when there has been reckless or intentional misconduct.

Catastrophic Injuries and Wrongful Death Claims in Aventura

Catastrophic injuries and wrongful deaths change lives forever. We handle catastrophic injuries that include:

• Severe brain injuries
• Burns
• Spinal cord injuries
• Amputations
• Permanent disabilities
• Among others

You may also be wondering, in deaths from negligence, who can file a claim? This answer is not always easy, and in Florida, there is an order of prioritization that must be followed. In general, the beneficiaries are prioritized as:

1. Spouse
2. Children
3. Children born out of wedlock
4. Parents
5. Dependent blood relatives
6. Dependent adopted siblings

If you have questions, give us a call for a free case review. We can help you recover compensation for things such as funeral costs, loss of income or support, and emotional loss.

Don’t Face Insurance Companies Alone

Insurance companies often use strategies when dealing with accidents to maximize their profits over your compensation and justice. We want to be very careful to warn you against taking their word for anything.

One of their favorite tactics is to offer quick settlements. They’ll realize that their client is liable for your injury and so offer you quick money to settle the case. The problem is they do this because the settlement they want you to take is far less than you deserve under the law. Never sign anything or agree to a settlement without consulting an attorney first.

Another tactic they may use is called liability disputes. They will often try to shift the blame for an accident from their client onto you, making the accident your fault. We’re not buying it. We’ll make sure a thorough investigation is performed to dictate fault.

Finally, insurance companies will often delay claims to pressure victims into taking a settlement that is less than they deserve. However, we can employ legal mechanisms to combat this.

Our attorneys can step in immediately to fight these underhanded strategies. We gather evidence, document your damages, and negotiate a fair settlement, or else we’ll go to trial. If they refuse to be fair, we fight even harder.

No Win, No Fee — Contingency Based Injury Representation

At Bernstein & Maryanoff, we only get paid when you do. We never take money from you upfront, not even for filing fees or the fees of experts. Any money that we make comes out of your settlement as a percentage.

Much of this is standard practice in the law field, but we also want to make sure every Floridian has access to justice and the compensation you deserve.

Just because you can’t afford massive upfront legal fees for a complex case, doesn’t mean you don’t deserve justice. By charging only when we win, we can help ensure more people have fair access to the courts. Everyone deserves legal representation, including you.

We also want to note that we don’t work for anyone but you. We don’t work for the courts, we don’t work for insurance companies, we don’t work for the state. We are your advocates in the court system, as is the right of every American. We work for you and you only.

Bernstein & Maryanoff — Serving Aventura With Integrity

If you’ve been injured and need an attorney, call Bernstein & Maryanoff. We have a track record that spans more than four decades across Miami-Dade County and have offices serving Aventura and nearby communities.

We’re known for our iron fist and velvet hand approach: Our negotiations with insurance companies are always tough and thorough, but with our clients, we provide compassionate care in what for many is a very vulnerable time. We live to make sure every American gets the rights to which they are entitled, and nobody gets ripped off by corporations trying to protect their bottom line.

When you’ve been injured, call Bernstein & Maryanoff, your trusted accident attorney.

Frequently Asked Questions