Workplace accidents can lead to extremely serious injuries. If you were injured at work, it can be confusing trying to determine where to turn for help. You may fear retaliation from your employer for reporting the accident, even though it may have been caused by their negligence. The Occupational Safety and Health Administration has stated that there were nearly 6.5 million people are injured every year in construction accidents alone. You could be entitled to workers’ compensation for your injuries or you could be able to file a personal injury claim.
What is Negligence and How Does it Affect my Case?Under personal injury law, negligence is careless behavior that results in injury to another person. If another person in the same situation would have acted differently, this could be proof of negligence. There are five main things that must be established in order for negligence to be proven in a personal injury case. First, the negligent individual must have owed the victim a duty of care. Second, there must have been a breach of their duty to them. Third, there must be a link between the negligence and the individual’s action. Fourth, there must have been proximate cause. Fifth, there must have been damages resulting from the situation. In order to prove this occurred, it is highly recommended that you have a legal representative on your side at all times.
What are the Stages of a Personal Injury Case?If you believe that you were the victim of a personal injury case and have questions as to what you should expect during the process, please contact our team as soon as possible. We will be able to explain to you more fully exactly what to expect in your particular situation. The first stage of your case will be meeting with an attorney. From there, the necessary court papers can begin to be filled out. After this, both sides in the cases will have the opportunity to gather facts to support their case and challenge the other side. Whether the case is resolved in a settlement or at trial, it is imperative that you have an experienced attorney on your side.
Is Medical Malpractice Considered a Personal Injury Case?What should you do if you were injured while in medical care? Medical malpractice is a growing problem in the U.S. and doctors need to be held accountable for what they have done. Whether you were injured because of a birth injury, surgical error, misdiagnosis, or delay in treatment, you could be entitled to compensation for what you went through. You should not have to suffer because of the mistake of another.
Do I Have a Case?Personal injury claims are based on proving that the other party caused your accident through negligence . If it can be demonstrated that the other person caused you to suffer injury by failing to take reasonable precaution or by acting recklessly, you should have grounds to file a claim.
Can I Afford to Hire an Attorney?Absolutely. If you have a claim, a Miami personal injury attorney from Klemick and Gampel, P.A. will represent you on contingency. We will charge you nothing unless we win the case for you.
Can’t I Just Represent Myself?You certainly can, but it is not advisable that you do so. You will be working with insurance adjusters and claims representatives whose job is to protect the insurance company from financial losses, who spend all day every day limiting the amount paid to people in your position. Hiring an attorney from our firm means you will have an advocate to aggressively pursue your claim, and we will go to court if necessary to recover the amount you deserve.
Should I Accept the Settlement I was Already Offered?Not until you speak with an attorney from our firm. Insurance companies will usually attempt to settle a claim quickly by taking advantage of the accident victim’s anxiety to recover compensation. They may assume that you are unaware of the true value of your claim, and they often get away with paying a settlement which simply is not fair.
How Much is my Claim Worth?If the accident was not your fault, you are entitled to recover sufficient compensation to restore you as closely as possible to your pre-accident condition. This includes reimbursement for your present and future medical bills and your lost income, as well as compensation for any reduction in your future earning power. You can claim damages for your pain and suffering, as well as for the degree to which a brain injury, burn injury or other catastrophic injury has reduced your ability to fully enjoy life.
How do I get Started?Complete our case evaluation form so that an attorney from our team can review the situation and determine the most effective course of action for you. We will respond to you within 24 hours.
Do you have questions about your injury claim? Contact a Miami personal injury lawyer from our firm today for answers.