Falling, getting into a car accident, or being injured by a dangerous product can leave you with pain and medical expenses.  It can even take away your ability to work to support yourself and your family.

When you get hurt, you need an attorney on your side.  Insurance claims may be available to pay your damages, but you should not file claims on your own.  The insurance company and the defendant will do everything in their power to shut down claims, and you may need our lawyers to negotiate and even take the case to court.

To get started on your potential case, call Graves Injury Law Firm’s personal injury lawyers at (305) 614-2767 right away.

Process of Filing a Personal Injury Claim

Getting medical care, collecting evidence, and following the claims process takes time and precision.

Getting Medical Care

You must get your injuries treated.  If you do not, there will be no records of them, and the defense will say they must not have been “that bad.”

Call 911 for an ambulance or go straight to the hospital after an injury to get the care you need.  If you do not have any immediate injuries, but they appear the next morning, get to the hospital right away to document them.

Gathering Evidence

At the scene of the accident, there may be other evidence to collect.  The name and contact info for each witness is one important example.  There is typically more evidence to collect in car accident cases, such as info about the location, weather, road conditions, the other driver’s insurance info, and more.

In any type of accident, our lawyers can follow up to collect other evidence like medical records, doctors’ reports, witness depositions, security footage, and more.

Filing an Insurance Claim

Many accidents are covered by insurance.  This can help get you payments without the need to go to court, but the insurance company makes the decisions.  That means the claim is generally stacked against you, since the insurance company does not want to pay.

Negotiating

Early settlement offers are typically low to try to get you to settle cheaply.  Our personal injury lawyers can negotiate with the defense to try to get a better settlement.

Filing a Lawsuit

We can also turn to the courts if insurance refuses to settle.  Starting formal proceedings can often pressure them into settling so they avoid the cost of trial.

Assessing Settlements

As the case progresses, the insurance company may continue to offer settlements.  You can only settle once, so discuss any offers with your lawyer to see if they are enough.

Do not sign anything without consulting us, or it may end your case prematurely.

Going to Trial

If we need to, we can put on a case for the judge and jury and let them decide fault and damages.

Damages Available for Injury Claims in Doral, FL

There are many areas of damages you may be entitled to claim in your case.

Medical Bills

Treating injuries can be expensive, even if they are minor or moderate.  More severe, life-altering injuries tend to cost millions.

Affording these damages can be difficult, even with insurance.  Getting compensation from the defendant’s insurance may be vital to your economic situation.

Lost Wages

If you cannot work, affording medical care, housing, and everyday expenses will be impossible after a while.  Replacement wages are a vital part of your damages.

This can include the value of wages you already missed, as well as the value of reduced wages going forward if your injuries/disability hurt your ability to work.

Property Damage

In many cases, especially car accidents, you also face property damage costs.  The defendant should pay for anything from vehicle repairs to a phone or laptop smashed in the accident.

Other Expenses (Economic Damages)

Similarly, other expenses and “economic damages” the defendant causes you should also be paid for.  This can include things like

  • Hospital parking
  • The cost of putting your kids in daycare while you are in the hospital
  • Hiring replacement services around the house for things your disability keeps you from doing
  • And more.

Pain and Suffering (Non-Economic Damages)

In contrast, the defendant also likely caused you harms that cannot be accounted for in economic records.  The term “non-economic damages” is often used interchangeably with “pain and suffering” to account for damages for physical pain, emotional distress, and mental anguish.

FAQS for Injury Victims in Doral

Where Do You File Your Claim?

You typically file an injury claim in the county where the accident happened.  Where you and the defendant live may allow for more options, too.

Generally, injuries in Doral will be handled in the Civil Division of the Miami-Dade County Court, which has multiple locations.  We will file your case for you if it gets to that point.

How Long Do You Have to Sue?

Florida law gives you 2 years from the date of injury to file most injury lawsuits.

What if You Are Partially at Fault?

If you are partially at fault for your own accident, an insurance company or court can reduce your total damages by your share of the fault.  They will assign a percentage of fault to each party, and you lose that percentage of damages.

However, if your percentage of damages is more than the defendant’s, you lose the case.

Who Decides Fault?

When you file an insurance claim, the insurance company investigates, and their adjusters determine who was at fault and whether the insurance company will pay.  Often, settlements exclude any specific admission of fault; they pay you in exchange for ending the case.

When you go to court, the jury decides fault.  The judge may decide legal issues, but the judge does not decide fault unless you choose a bench trial (i.e., a trial with no jury).

How Much is My Case Worth?

Each case is unique, and your damages are based on the specific harms you faced.  Always have a lawyer assess your damages instead of trusting online calculators or insurance companies.

Call Our Personal Injury Attorneys in Doral Today

Call (305) 614-2767 for a free case review with the personal injury lawyers at Graves Injury Law Firm today.