Common Personal Injury Claims

Others can be negligent and cause injuries in many different ways. Some of most common claims in personal injury cases involve the following:

• Auto accidents — More than 3 million individuals sustain injuries in car collisions each year, many of which are caused by distracted driving, drunk driving, aggressive driving, and other negligent behaviors by drivers.
• Aviation accidents — While plane crashes are relatively rare, many injuries can occur while a passenger is in-flight due to the negligence of the pilots, airline, flight attendants, or air-traffic controllers.
• Bicycle accident — Bicyclists in Florida have the same rights to use the roadways in Florida as any other vehicle operator. However, an estimated 48,000 bicyclists sustained injuries in traffic-related accidents in a single year in the U.S.
• Boat and Jet Ski accidents — Florida is widely considered to be the number one state for boating, jet skis, and other water-related activities. Boating is risky, however, and many injuries and drownings occur because of negligent boat drivers.
• Motorcycle accidents — Riding a motorcycle is yet another popular yet potentially dangerous activity for Floridians. Even if a motorcyclist has all of the proper safety gear and follows all traffic rules, the risk of accidents and serious injuries still exists.
• Truck accidents — Commercial trucks are everywhere on the highways and roads in Florida. Because of the sheer size and weight difference between large trucks and passenger vehicles, a collision often causes devastating injuries to motorists.
• Construction accidents — Construction is one of the most dangerous industries due to the risks for accidents such as falls, electrocutions, getting hit by falling objects, vehicle or equipment accidents, scaffolding collapses, and more.
• Product liability — When a company sells a defective product or fails to warn of potential risks of a product, injuries often occur. Almost any product can cause injuries, including toys, pharmaceuticals, household appliances and products, and motor vehicles, among others.
• Premises liability — Business and property owners have the duty to keep their premises in reasonably safe condition for customers or visitors. If dangerous conditions exist, victims may sustain injuries and owners should be held liable.
• Slip & falls — Slip and falls are the most common type of premises liability claim. This type of accident can occur due to dangerous flooring, spills on the floor, obstacles or objects in walkways, or similar hazardous conditions on someone else’s property.
• Wrongful death — When another party’s negligence results in the death of the victim, surviving family members have the right to receive compensation for their tragic loss from the responsible party.

If you or a loved one has sustained injuries in any type of accident, our qualified Miami injury lawyers are here to help you.

Medical Malpractice Can Cause Serious Injuries

When you visit a medical professional, you should be able to trust that they will help you get better and not make mistakes that cause you additional injury. Doctors, however, can be negligent like anyone else and should be held liable for any unnecessary losses you suffered as a result. Certain medical malpractice cases can result in serious complications and injuries that may require additional treatment and may even be life-threatening.

Medical malpractice cases can be extremely complicated, so it is important to have an lawyer on your side who fully understands how to help injured patients recover. Doctors and hospitals have legal teams and insurers in place who will try to limit their liability, but the Miami medical malpractice lawyers at Pita Weber Del Prado have the resources necessary to stand up for your right to recovery. Contact our experienced Miami injury attorneys today.

Recovery In A Personal Injury Or Medical Malpractice Case

If another party is found to be at fault for causing your injuries, you can recover for a variety of losses, including the following:

• Financial losses, such as past and future medical expenses, lost wages, estimated future lost earnings, or costs of accommodation for your injuries.
• Intangible losses, including physical pain and suffering, loss of enjoyment of life, emotional distress, and permanent disability or disfigurement.
• Punitive damages in cases involving particularly egregious behavior.

While such financial compensation cannot heal your injuries, it can make your recovery process easier by relieving financial concerns and can give you a sense of justice. In some cases, we can obtain the full amount you deserve through insurance negotiations while, in others, filing a legal claim may be necessary.

Call Our Committed Lawyers Today

At Pita Weber Del Prado, our team of Miami personal injury lawyers have been standing up for the rights and interests of injured victims for decades. We bring our extensive litigation experience, resources, and understanding of personal injury and medical malpractice laws to every case so that we can obtain the most favorable results possible for you. If you have been injured, your focus should be on your physical recovery, so we will handle your financial recovery for you. We are committed to providing the highest quality of individualized representation and we are fluent in both English and Spanish to better serve our clients.

If you call for a free consultation, we will evaluate your situation and discuss your legal rights and options. Please do not hesitate to contact our office at 305-670-2889 to learn more about how we can help you.

Personal Injury FAQs

Do I need to be a permanent resident or citizen to sue for personal injuries?

No. The courts are open to all victims of negligence. It does not matter what your immigration status.

How much money will the jury award me in my case?

Every case is different. The jury decides how much money to award. The jury is given no formula. However, we constantly study jury verdicts and have our own experience with juries. Once we know the facts of your case, we then discuss them with you and compare them to other similar cases where jury have considered similar cases. That way, you will make an informed decision on the monetary goal in your case.

When will the lawsuit be filed?

Often, we file suit if initial negotiations are unsuccessful. On other occasions, we do not engage in pre-suit negotiations. We simply file suit after confirming the identity of the proper parties and if necessary, the existence of insurance. Every case is different. The winning strategy for your case will be based on its particular facts and circumstances.

What happens after the suit is filed?

After suit is filed, there are two basic activity areas. One is the on-going investigation and research. In this regard, we may use experts and professional investigators. The second is what lawyers call “discovery.” Court rules permit each side to formally request their opponent to furnish specific information. These rules permit broad information disclosure even though much of it will not be admissible at trial. The Courts permit broad discovery on the theory that each side is entitled to look at a lot of information to find those kernels that may be relevant at trial. The deadline to respond to these requests is usually 30 days. There are various types of discovery tools, including: 1. Interrogatories — a series of written questions that one side asks the other; the answers are in writing and under oath. 2. Requests For Production — requesting the other to produce documents and other items that might relate to the case. 3. Depositions — oral question and answer sessions under oath and transcribed by a court reporter. Generally, we use all of these discovery tools. Our opponent will also use them. When this happens, we will need your help in responding. Sometimes, your help can be managed by phone. Other times, we will arrange a meeting in our office.

What are trial and mediation like?

It is our goal to prepare your case to win and move it to trial as fast as possible. We find that opposing parties often do not focus on settling until they are facing an impending trial. Sometime after the initial discovery is complete, we will request the court to give us a trial date. Typically, the judge will give us a date within 2 to 6 months. Every judge is different. Some judges give sooner dates simply because they run a more efficient court. Once the case is set for trial, the court will put on us on the trial calendar for a given period along with other cases. Generally, the trial calendar is 3 to 4 weeks long. We may be called to trial at any time on the calendar. We cannot control the exact date. That is up to the judge. There are circumstances, however, where the judge may give a special trial setting with a date certain, but this is rare. Do not be intimated if the case ends up in trial. Our clients are usually surprised by the experience and leave the courtroom with a positive impression of the judicial system. The particular strategy for a trial will vary. But there is one simple philosophy that we always adhere to — we present a straightforward, honest case that deals with all facts and hides from none. Although no particular outcome is guaranteed, we find that juries appreciate and reward this kind of honesty. The court will require us to mediate before trial. Mediation is a confidential, informal proceeding. Present are a neutral mediator, the parties, and their lawyers. After hearing a presentation from each lawyer, the mediator separates the parties and then shuttles between the two, attempting to reach a settlement. Cases often settle at mediation.

How do I find out the status of my case?

Always feel free to call us for a case status. If the lawyer is not there, speak to the staff. They can answer most of the administrative questions. We live in a society accustomed to fast food service and the like. Unfortunately, our judicial system does not move at this kind of speed. It is not that the courts are clogged, as some people say. Rather, the lack of speed is a function of the procedural rules that govern the conduct of a case. The rules allow for extended periods of time for things to happen. For example, a defendant has twenty days to file an answer after getting served with a complaint. Discovery deadlines are usually 30 days. There are depositions to coordinate among the lawyers and witnesses. Motions get filed and are set for hearing before the Court. Sometimes, cases do not get reached on the first trial setting. Regardless of these obstacles, your case is always advancing and we maintain our philosophy to move your case efficiently to trial. This approach is necessary to keep the heat on the opposition.

Will my medical bills get paid?

Medical bills that are part of your case usually are paid off from a recovery. Part of our job in putting your case together is to assemble the bills. But if you receive any bills in the mail, just mail them to us so that we can make sure you are covered. If the government or your insurance carrier has paid any of the bills that are a part of your case, they have an automatic lien on your case. However, these liens are usually negotiable.

Why You Need a Lawyer After Your Accident

After an accident your focus needs to be on your recovery. Unfortunately, far too many families are faced with countless other stressors in the aftermath, from figuring out how to pay the bills while not working to dealing with insurance company requests.

At these times, an injury attorney can take the reins, ensuring that you focus on getting well, secure in the knowledge that your legal rights are protected. Your lawyer works on your behalf with insurance companies and any other parties that may be involved. This may include sharing the full scope of your losses and negotiating to reach a settlement that covers all of your needs. At other times, a matter may go all the way to trial, with your attorney arguing on your behalf in front of a jury. There are a range of complex procedural requirements and time limitations, and so you should never attempt to handle these matters on your own.

The Miami injury lawyers at Pita Weber Del Prado are here to help residents in Miami with these matters on a contingency fee basis. This means that we do not collect any fees unless we are successful in providing you compensation. Worries about paying your lawyer is never a barrier to securing an experienced legal professional for your case.