Palmetto Bay Personal Injury Lawyer

Personal Injury Law in Florida

Palmetto Bay, FL, personal injury lawyers spend decades learning the intricacies of personal injury law. While you don’t have the time to gain a legal degree after suffering an injury, knowing the basics can help you seek fair compensation.

If you’ve been harmed by another party’s negligent or malicious actions, you may be entitled to pursue compensation from them. Negligence is a legal concept based on four elements:

1. Duty of care
2. Breach of duty
3. Causation
4. Compensable loss

If your situation meets those four qualifications, you can either file an insurance claim against the at-fault party’s relevant policy or sue them directly. Assuming the evidence supports your claim, you might obtain damages for:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium
• Other related costs

However, there are limits to your ability to pursue compensation. For example, the personal injury statute of limitations in Florida is two years from the date you become injured. That means you only have two years to take legal action.

Furthermore, there may be circumstances in which you can’t get any compensation from the person involved in your accident. If you’re deemed more than 50% at fault for your injuries, Florida comparative negligence law bars you from seeking damages.

Your options are further limited in car accident cases. Under Florida’s no-fault insurance system, all drivers are required to purchase at least $10,000 of PIP coverage. Your PIP policy will provide compensation for your accident unless you meet the state’s serious injury threshold.

Furthermore, you need to seek medical attention within 14 days to be eligible to receive compensation.

How To Make a Valid Personal Injury Claim

Following an accident, evidence can disappear, and witnesses’ memories can fade. As such, you must act quickly to prove negligence. The skilled legal professionals at Bernstein & Maryanoff will swiftly collect evidence that establishes each of the four elements.

First, we’ll confirm that the other party owed you a duty of care. For example, if you slipped and fell at Colonial Palms Plaza, we could obtain documentation showing who owned the property where you were hurt.

To substantiate a breach of duty, we might talk to witnesses and procure official documentation from the property owner. Similarly, we can often prove causation using evidence like accident reports and medical records.

Finally, we’ll compile and catalog your medical bills and receipts for other related expenses to prove that you’ve suffered losses for which you can be compensated for.

Types of Personal Injury Cases We Handle in Palmetto Bay

No matter the type of accident you’ve been in, we’ll investigate thoroughly and fight for every dollar you deserve.

Car Accidents

Damages for car crashes are usually limited to medical bills and lost wages, unless you’re seriously injured in something like a drunk driving accident.

Truck Accidents

Because truck accidents frequently involve serious injuries, you’ll likely be eligible for damages for pain and suffering.

Motorcycle Accidents

Severe injuries are also common in motorcycle accidents because riders are so vulnerable. Your potential compensation may include medical bills, lost wages, pain and suffering, and permanent scarring or disfigurement.

Pedestrian Accidents

Pedestrians who are struck by vehicles can be severely injured (or worse). Consequently, you’ll likely be able to seek compensation beyond the normal PIP limits.

Bicycle Accidents

Cycling is a popular pastime in Palmetto Bay. Bike accidents often involve similar injuries and damages to pedestrian accidents.

Slip-And-Fall Accidents

You might seek damages for broken bones or long-term back injuries after a slip-and-fall accident. These injuries are also likely to result in weeks or months of lost wages.

Medical Malpractice

You can sue a doctor, nurse, or hospital for causing an injury or failing to prevent additional harm after carelessly violating accepted standards of care.

Nursing Home Abuse and Neglect

Compensation for nursing home abuse may cover medical costs, mental anguish, and diminished quality of life for a loved one who suffered neglect.

Wrongful Death

In wrongful death cases, you can seek damages for financial support you would have received if the deceased had lived. You may also be entitled to payment for loss of companionship.

Dog Bites and Animal Attacks

By law, dog owners are responsible for compensating victims for injuries their pets cause.

Premises Liability

Property owners are liable for paying damages when negligence or inadequate safety measures result in guest injuries.

Product Liability

Product makers are required to produce safe products that include no design or manufacturing flaws. They also must advise consumers of known dangers when using the product.

Boating Accidents

If you get into a boating accident in Biscayne Bay, you can pursue compensation from the at-fault party similar to the way you would after a car crash.

Construction Accidents

After an accident on a worksite, you have the right to file for workers’ compensation benefits to cover your injuries.

Personal Injury Claims Process in Palmetto Bay

When you suffer an injury in Palmetto Bay, the process of seeking fair compensation may seem complex. However, our Palmetto Bay personal injury lawyers can narrow it down to the following eight steps:

• Step 1: Seek medical evaluation and treatment immediately.
• Step 2: Schedule a free consultation with a Palmetto Bay personal injury attorney at Bernstein & Maryanoff.
• Step 3: Your attorney will investigate your accident and gather evidence.
• Step 4: File an insurance claim with your attorney’s assistance.
• Step 5: Your lawyer will send a demand letter to the insurer and negotiate a fair settlement.
• Step 6: If negotiations fail, we’ll file a lawsuit to get you the maximum compensation allowed by law.
• Step 7: You’ll participate in a trial that may end with a verdict or a settlement.
• Step 8: Upon resolution, you’ll receive compensation as appropriate.

The complexity of your case will determine whether each step occurs or how long the process will take. Simple cases may be resolved during talks with the insurer in a matter of months, while complex cases may need to be hashed out in court. Cases that go to trial may take a year or longer to complete.

How Insurance Companies Handle Personal Injury Claims

You must be careful when dealing with the at-fault party’s insurance company. Insurance adjusters often look to minimize payouts to protect their employers’ profits. To this end, they may:

• Offer a lowball settlement before the full extent of your injuries is evident.
• Request a recorded statement to point out inconsistencies in your story.
• Surveil you after you make a claim.
• Delay your claim unnecessarily.
• Downplay the severity of your injuries.

Don’t accept the first offer you’re given. It’s almost always too low.

Our attorneys know how to file a personal injury claim in a way that challenges these tactics. We’ll be present to advise you and protect your rights when you’re giving recorded statements.

How Much Is My Palmetto Bay Personal Injury Claim Worth?

Every case is unique, and the value of your claim will depend on several factors. Your prospective award may come down to:

• The nature and severity of your injuries.
• The other party’s degree of fault.
• The available insurance coverage (PIP vs. personal policy).
• The quality of the medical documentation you can produce.
• The sum of your lost income.
• The impact of your injuries on daily life.
• The credibility of witnesses who support your claim.
• The jurisdiction and venue of your case.

Your compensation might include both economic damages and non-economic damages.

Economic damages are meant to repay the quantifiable losses you’ve incurred. Non-economic damage reflects intangible impacts, such as pain and suffering, and loss of enjoyment of life. They’re typically calculated as a percentage of your economic damages.

You might receive $10,000 to $50,000 for a claim involving minor injuries. Serious injuries, meanwhile, can be worth $100,000 to $500,000+, while catastrophic injuries could be worth several million. We’ve secured settlements as large as $3 million for past clients.

It’s important to keep in mind that these are just estimates. Call us for a free case evaluation to learn what your specific claim may be worth.

FAQ

About Palmetto Bay, FL

Located in southern Miami-Dade County and incorporated on September 10, 2002, Palmetto Bay has a population of approximately 24,200. It’s known as the Village of Parks due to its abundant green spaces and is a family-oriented community with excellent schools and diverse demographics. Residents have a median income of over $140,000.

The boundaries of Palmetto Bay are SW 136th Street, SW 184th Street, South Dixie Highway, and Biscayne Bay. Within those boundaries, you’ll find Deering Estate and the Falls Shopping Center.

In addition to Palmetto Bay, our law firm serves nearby communities like Pinecrest and Kendall. We know the area well because our clients are also our neighbors.

Why Local Knowledge Matters in Personal Injury Cases

We aren’t a 1-800 firm that ships your case to a local attorney you’ve never met. Our office is centrally located; our attorneys live in or near Palmetto Bay, and we’re available whenever you need us. That’s how it has been for over 40 years.

Our familiarity with Miami-Dade County offers numerous advantages to our clients. For instance:

• We know local court procedures and have strong relationships with judges and court staff.
• We understand jury demographics and tendencies.
• Our attorneys are familiar with accident-prone intersections.
• We have experience dealing with local insurance adjusters and know how to successfully negotiate with them.
• We can help you find appropriate medical care locally.
• We’re available for in-person meetings and court appearances.

Local courts, local knowledge, local results. That’s what Bernstein & Maryanoff promises.

Contact Bernstein & Maryanoff for Your Free Consultation

Florida’s two-year statute of limitations means you must act quickly after an accident. We’re here to answer your questions and help you understand your rights. We charge no upfront fees, and your initial consultation is completely free.

Don’t let the insurance companies take advantage of your distress. Contact Bernstein & Maryanoff today to schedule a no-obligation consultation with an experienced personal injury attorney in Palmetto Bay, Florida.