Personal Injury

Personal Injury Lawyer in Miami Lakes

Championing Injury Victims in Broward County & Miami County, Florida

Suffering an injury presents considerable physical, emotional, and financial challenges. You have the right to seek compensation when that injury happens because someone else was at fault. However, whether or not you receive that compensation—and whether it is for a fair and just amount—may depend on the quality of your personal injury attorney. 

Our injury lawyer in Miami Lakes has over 12 years of experience. Furthermore, Steszewski Law boasts a team of dedicated paralegals, enabling us to provide comprehensive and diligent representation for our clients. This depth of experience and support is often vital in navigating the complexities of personal injury cases. 

Contact our office by calling (888) 342-6840 or by using our online contact form to schedule a free consultation with our injury attorney in Miami Lakes.

Comprehensive Personal Injury Cases We Handle

Our Services Include:

  • Car Accidents: Car accidents can have devastating impacts on individuals and families. Whether it’s a minor collision or a serious crash, the aftermath can leave victims facing medical bills, lost wages, and emotional distress. Our injury attorneys investigate every detail of the accident, gather evidence, and work diligently to hold the responsible party liable. Our goal is to ensure you obtain fair compensation for your injuries and damages.
  • Truck Accidents: Truck accidents often lead to more severe injuries because of the size and weight of commercial vehicles. These cases can be very complex, involving multiple parties like the truck driver, trucking company, and insurance providers. We know necessary to navigate these complicated cases. We thoroughly examine the circumstances surrounding the incident, including driver logs, maintenance records, and safety compliance. Additionally, we collaborate with accident reconstruction specialists to build a robust case.
  • Bicycle Accidents: Cycling is considered a popular mode of transportation and recreation in Miami Lakes, but it comes with its risks. Bicycle accidents can lead to serious injuries, often because of negligent drivers who fail to yield or respect cyclists on the road. We understand the unique challenges that come with these scenarios and will work tirelessly to prove liability and secure compensation for your medical expenses, lost income, and pain and suffering. Furthermore, we help in educating communities about cyclist safety and legal rights.

Understanding the Personal Injury Statute of Limitations in Florida

In Florida, the statute of limitations for personal injury cases is generally four years. This means that if you have been injured due to someone else's negligence or intentional actions, you have four years from the date of the injury to file a lawsuit in civil court.

In some cases, the statute of limitations may be extended if the injury was not immediately discovered. The clock may start ticking from the date the injury was discovered or reasonably should have been discovered. This is called the discovery rule. Understanding these timelines is crucial for safeguarding your legal right to compensation, and prompt action with the guidance of a seasoned personal injury lawyer is advisable. 

Other types of exceptions to this four-year rule exist. For example:

  • Medical Malpractice: Generally, the statute of limitations is two years from the date of the incident or from the date the injury was discovered (or should have been discovered), but no more than four years from the date of the incident.
  • Product Liability: Also typically follows the four-year rule, but specific circumstances can vary.
  • Government Entities: If your injury claim is against a government entity, there may be additional notice requirements and shorter deadlines to file a claim.
  • Wrongful Death: In the case of wrongful death, the statute of limitations is two years from the date of death.

It is crucial to adhere to these deadlines because failing to file within the statute of limitations generally means losing your right to seek compensation through the courts. Consulting with a personal injury lawyer Miami Lakes as soon as possible after an injury can help ensure that your claim is filed on time and that you understand the specific limitations and exceptions that may apply to your case. Familiarity with these deadlines is critical to protecting your rights and opportunities for recovery. 

Have questions about your claim? Contact our firm today!

The 4 Elements of Negligence in Personal Injury

Negligence is at the core of every personal injury lawsuit. A plaintiff’s lawyer must show that the defendant’s actions—and the consequences that resulted—meet the legal standard for negligence. 

There are four components of negligence, and every one of them must be met for the plaintiff to secure a financial settlement. They are as follows: 

Duty of Care

The concept of duty of care forms the bedrock of establishing legal responsibility. Duty of care refers to the legal obligation one party holds to avoid causing harm to another. This involves an assessment of the relationship between the parties involved. Establishing a clear understanding of duty of care is fundamental as it lays the groundwork for proving liability in any injury matter.

Duty of care examples include: 

  • Car accidents and Truck Accidents: Drivers owe a duty of care to other motorists, pedestrians, and passengers to operate their vehicles in a safe and responsible manner.
  • Slip and fall incidents: Property owners or managers have a duty of care to maintain a safe environment for visitors and guests, ensuring that hazards are identified and addressed promptly.
  • Medical malpractice: Healthcare professionals, including doctors, nurses, and medical facilities, owe a duty of care to their patients. They must provide a standard of care consistent with professional guidelines and best practices.
  • Product liability claims: Manufacturers, distributors, and retailers owe a duty of care to consumers to ensure that the products they provide are safe for their intended use, free from defects, and accompanied by clear warnings and instructions.

Breach of Duty

Presuming duty of care exists, a breach of that duty occurs when an individual or entity fails to uphold the level of care that a reasonably prudent person would exercise in similar circumstances. Identifying a breach is crucial as it establishes that the expected standard of conduct was not met, thereby solidifying the negligence claim. 

To illustrate a breach of duty, a clear connection between the party's actions and the failure to meet their obligations must be established. Evidence of a breach includes demonstrating that an individual or entity acted contrary to established laws, regulations, or industry standards. 

Here are five common examples of breach of duty in injury cases:

  • Failure to follow traffic laws: A driver breaches their duty of care by speeding, running a red light, or driving under the influence.
  • Negligent property maintenance: Property owners breach their duty by failing to address known hazards such as slippery floors, broken steps, or inadequate lighting, leading to slip and fall accidents.
  • Medical malpractice: Healthcare providers can breach their duty of care through misdiagnosis, surgical errors, medication mistakes, or inadequate patient monitoring.
  • Defective products: Manufacturers breach their duty of care by releasing products with design flaws, manufacturing defects, or inadequate warnings.

Causation

Causation means that the defendant’s breach of their duty of care is, in fact, the cause of the plaintiff’s injuries. Establishing causation is essential because it links the breach to the actual harm caused, thereby affirming the critical connection between the defendant's conduct and the plaintiff's suffering. 

Understanding the nuances of causation often involves presenting compelling evidence, such as expert testimony, that demonstrates how the defendant's conduct is directly responsible for the injuries sustained. 

This involves demonstrating cause in fact or legal causation: 

  • Cause in fact, often termed as "actual cause," involves showing a clear link between the defendant's conduct and the harm suffered by the plaintiff. It requires evidence that, but for the defendant's actions, the injury would not have occurred.
  • Legal causation extends beyond the direct physical cause and considers whether your injuries were a reasonably foreseeable consequence of the defendant’s conduct. 

Personal injury claims demand a thorough presentation of evidence to establish that the defendant's actions were the cause of the plaintiff's injuries. The team at our Miami Lakes office works on evidence gathering that involves medical records, expert testimony, accident reconstruction analysis, and other forms of evidence to support the relationship between the defendant's negligence and the harm suffered by the plaintiff.

Damages

Once the first three steps have been established, the final step is to show that the plaintiff suffered damages as a consequence. Demonstrating damages is a critical component as it quantifies the impact of the incident on the plaintiff's life, both in economic and non-economic terms. 

Damages serve as the foundation for compensation and reflect the breadth of the injury's impact. Whether through medical bills or emotional distress, establishing these damages underscores the need for recovery. 

Damages can include the following: 

  • Medical expenses: This includes the costs of present and future medical treatment, hospital stays, surgeries, rehabilitation, medication, and therapy directly related to the injury.
  • Lost wages: Economic damages compensate for the income lost due to the injury, including wages, bonuses, and other forms of compensation that the plaintiff would have earned if not for the injury.
  • Property damage: This encompasses the repair or replacement costs for any property damaged in the incident, such as vehicles in a car accident.
  • Pain and suffering: Non-economic damages account for the physical discomfort, emotional distress, and mental anguish experienced by the plaintiff as a result of the injury.
  • Loss of consortium: These damages compensate for the negative impact of the injury on the plaintiff's relationships with their spouse, including loss of companionship, affection, and intimacy.
  • Punitive damages: These are designed to send a message that certain actions will not be tolerated within society. Punitive damages are rare and are limited to 3x the total amount of everything else and capped at $500,000. 

Understanding Modified Comparative Negligence in Florida

Once the final damage total is added up, it is distributed based on modified comparative negligence. Under this system, the degree of fault is distributed among all parties involved in an accident. If a defendant is deemed 80% at fault for the accident, the plaintiff can collect 80% of the damages. 

However, there is a crucial threshold to consider—if the plaintiff’s level of fault exceeds 50%, they are barred from recovering any damages. 

Florida's adoption of the modified comparative negligence rule has shifted the legal landscape by emphasizing shared responsibility for accidents and injuries. This legal framework underscores the significance of determining each party’s degree of fault in a personal injury case—and why it’s important to have an injury lawyer Miami Lakes who will literally fight for every last percentage point. Understanding the implications of this rule is vital for any claimant seeking compensation in Florida as it directly affects the potential recovery amount. Being well-informed enables better decision-making when navigating personal injury proceedings. 

How Our Personal Injury Lawyer Can Help You

We can assist you by:

  • Comprehensive Case Evaluation: We start with a comprehensive evaluation of your case. This often includes discussing the details of your injury, reviewing medical records, and assessing any evidence that is related to the incident. Our goal is to gain a complete understanding of your situation to provide tailored legal advice.
  • Evidence Gathering and Investigation: Building a convincing claim requires collecting evidence that supports your argument. We conduct comprehensive investigations, which may include gathering police reports, eyewitness statements, and accident scene photos. We also collaborate with expert witnesses, like medical professionals and accident reconstruction specialists, to bolster your case. Through systematic investigation, we ensure that every piece of crucial evidence is secured and presented effectively.
  • Negotiation with Insurance Companies: Insurance companies often seek to minimize payouts, which can be frustrating for injury victims. We are skilled in negotiating with insurance adjusters to ensure you receive a fair settlement. We aim to relieve you of the burden of dealing with insurers, allowing you to focus on recovery.
  • Litigation Support: If a fair settlement cannot be reached, we are prepared to take your case to court. We will present a compelling narrative in front of a judge and jury, advocating for your legal rights and pursuing maximum compensation for your injuries. Our team is committed to thorough preparation and strategic planning throughout litigation to achieve favorable outcomes.
  • Personalized Attention and Support: At Steszewski Law, we believe in providing personalized attention to each client. We take the time to listen to all of your concerns, answer your questions, and keep you informed throughout the legal process. We aim to establish strong client relationships built on trust and transparency.

Common Personal Injury Myths Debunked

There are several myths surrounding personal injury claims that can mislead injury victims in Miami Lakes and beyond. Understanding the truth about personal injury law is crucial for protecting your rights and ensuring you don't miss out on the compensation you deserve.

One common myth is that you can only file a claim if your injuries are severe. In reality, any injury caused by another's negligence can warrant compensation, regardless of severity. Another misconception is that all claims resolve quickly. Many claims require time to gather evidence and negotiate with insurers or proceed to court, depending on the circumstances.

Another prevailing myth is the belief that hiring an attorney is unnecessary, especially when dealing with insurance companies. This is not always true. Insurers often aim to settle quickly and for minimal amounts. Having legal representation ensures that your interests are protected, helping to secure a more equitable outcome.

Frequently Asked Questions

What Should I Do Immediately After an Accident in Miami Lakes?

Following an accident in Miami Lakes, your immediate priority should be safety and health. Move to a safe location and seek medical attention, even if injuries seem minor, as some may manifest later. Document everything—from photographs of the scene to witness contacts. This documentation can be crucial for your claim. Report the incident to local authorities to obtain an official record, which helps establish details of the accident.

Contacting a personal injury lawyer near me early can also be advantageous. Legal guidance ensures you understand your rights and obligations, preventing potential pitfalls, especially when dealing with insurance adjusters. Attorneys can manage communications, preserving your claim's integrity and helping to collect all necessary evidence efficiently.

How Is Pain and Suffering Calculated in a Personal Injury Claim?

Pain and suffering damages are non-economic losses that reflect the physical pain and emotional distress a victim endures after an accident. Calculating this involves assessing various factors, such as the severity of injuries, recovery duration, impact on lifestyle, and psychological effects.

In Miami Lakes, courts often use methods like the multiplier technique or the per diem approach. The multiplier method calculates damages by multiplying actual damages (like medical expenses) by a number representing injury severity. The per diem method assigns a daily rate to the pain and suffering endured over the recovery period.

A personal injury attorney can help substantiate claims for pain and suffering, ensuring that subjective experiences are translated into fair compensation figures.

What Role Does Insurance Play in a Personal Injury Case?

Insurance plays a critical role in personal injury cases, as most settlements are paid by the defendant's insurance company. In Miami Lakes, understanding the intricacies of insurance policies is crucial. Coverage typically includes bodily injury, and property damage, and may even cover uninsured or underinsured motorists.

Because insurance companies aim to minimize payouts, having legal representation can greatly impact the negotiation process. Injury attorneys skilled in understanding policy details can ensure claimants receive maximum compensation by challenging initial offers and advocating for fair settlements.

Can I File a Personal Injury Claim If I'm Partially at Fault?

Yes, you can still file a claim if you're partially at fault for an accident in Florida, which follows the modified comparative negligence rule. If you're found to be 50% or less at fault, you can recover damages, though your compensation will be reduced in proportion to your degree of fault. Being found 20% at fault, for example, would reduce the damages awarded by 20%.

Having an attorney can ensure a fair evaluation of fault distribution, safeguarding your interests and ensuring the best possible outcome under the law.

How Long Does a Personal Injury Claim Take to Resolve?

The timeline for resolving a personal injury claim in Miami Lakes can vary greatly, often hinging on the complexity of the claim and the willingness of parties to settle. Simple claims might resolve in a few months, while others could extend over a year, especially if litigation is required.

An experienced attorney can offer a more accurate timeframe based on claim specifics, ensuring that all legal strategies are employed to expedite the process while protecting your rights.

Contact Our Personal Injury Attorney in Miami Lakes Today

At Steszewski Law, we operate on a contingency fee basis, meaning our clients only pay legal fees if we successfully secure compensation on their behalf. Furthermore, we offer a free consultation, including virtual meetings, to discuss the specifics of each case and provide personalized guidance. We are committed to transparency, advocacy, and client-centered representation. Our approach ensures that financial concerns do not impede your access to justice, and a no-cost initial meeting allows you to explore your options with confidence. 

Contact us for a free consultation, including virtual meetings, to discuss the specifics of each case and provide personalized guidance. Call (888) 342-6840 today to get started with our personal injury lawyer Miami Lakes.

Hear From Our Satisfied Clients

At Steszewski Law, we take pride in understanding client needs and crafting cost-effective personalized solutions tailored to you.

    “They are simply the BEST!”
    “I endorse and recommend them with no reservations or equivocations and I promise that you won't find a better title company in South Florida to service your Real Estate Title needs.”
    - Myles
    “I highly recommend Jonathan Steszewski to anyone seeking a knowledgeable and efficient lawyer.”
    “I recently had the pleasure of working with Jonathan Steszewski for my estate planning needs, including creating a will, trust, and estate deeds. I cannot express enough how impressed I am with his expertise.”
    - Neshme
    “Closing over 100 of our deals in 2023, this real estate attorney is unparalleled.”
    “Efficient, knowledgeable, and personable, they've been an invaluable asset to my team. Representing clients in every transaction, their expertise consistently ensures seamless closings.”
    - Livan
    “I highly recommend Mr. Steszewski's services.”
    “He is extremely thorough and effective. He has done great work for our group.”
    - Alicio
    “My closing process was smooth and quick!”
    “Jonathan works hard and is always interested in the best possible outcome for his clients. I highly recommend him for all your Real estate, Business, lending and estate planning services.”
    - Jesus
    “He was instrumental in ensuring that the entire process was a smooth one from start to finish.”
    “He was well versed in all the details of my particular deal as well as all the necessary steps that needed to be taken, and he was there a guide through each one.”
    - Wesley
    “Couldn't be happier to have worked with Jonathan on the closing of our home last year.”
    “He really took the intimidation out of the process by breaking down the legal jargon and ensuring we understood all aspects of the transaction. He was quick to respond to all calls and emails.”
    - Jessica
    “I would not have been able to achieve a successful outcome without them.”
    “Johnathan is an excellent choice if you are seeking someone knowledgeable, an excellent communicator, detailed, and compassionate. My highest recommendation goes out to him and his entire team.”
    - Dr. Paula

Why Choose Steszewski Law?

A Florida Law Firm That Gets Results
  • Offering 100% Free Consultations
    Meet with our team in our office or virtually to talk through your legal options during a free consultation.
  • Over $2 Billion Business Deals
    Our experienced law firm helps with real estate transactions & business acquisitions to personal injury cases.
  • Providing Service in Spanish
    Our lawyers proudly provide legal services in Spanish. Work with a team that speaks your language!
We Offer Free Consultations
Call us today or fill out our online form to get in contact with our legal team.
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Steszewski Law at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy