Curberlo Romero

Curbelo and Romero, P.A.

Curbelo and Romero, P.A.

Personal Injury

Most people who have met with an accident don’t consider hiring a lawyer until it’s too late. If you’ve been injured due to someone else’s negligence and reckless behavior, you need to connect with a Personal Injury attorney Miami Fl. Here you will learn everything you need to know about Personal Injury Law and how it helps people obtain compensation for the expenses and quality-of-life impacts. Let’s get started.

What is Personal Injury Law?

Personal Injury Law can be defined as a law that applies when some person or organization harms you. It is also called Tort Law. A personal injury case is pursued when you demand a claim against individuals or organizations that have caused damage to you physically or psychologically. Personal injury law caters to the law that establishes your rights when you are harmed. A personal injury case can be filed in state or federal court.

Why do people file Personal Injury claims?

If you are a victim of personal injury, you will have several reasons to pursue a personal injury claim. Here are the common reasons behind personal injury filing —

  • The most common reason is to hold the negligent party accountable for causing injury to people. 
  • The other reason is to receive monetary benefits as the person injured can file a claim to cover associated expenses. Personal injury cases mostly end up in the responsible party awarding monetary benefits to the injured party.
  • The last reason is to ensure that negligence is avoided so that more injuries do not happen in the future. 


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What are the common types of Personal Injury?

A personal injury claim can be filed whenever you get injured due to someone else’s negligence. However, there are certain types of accidents that are more likely to provide you with a claim than others. Here are some incidents that lead to personal injury lawsuits —

1. Car accidents

The state of Florida records an upwards of 200,000 injuries related to car accidents every year. Some of these injuries can be minor while others can leave victims with lasting disabilities.

2. Falls

Regardless of the type of building you are in, a fall can be due to unsafe environments inside the premises. You can file a claim against the owner of the building for injuries caused due to uneven ground, poor lighting, slick floors, and more.

3. Swimming pool accidents

Swimming pools are quite common across Florida. Owners of such swimming pools need to keep their premises safe and secure otherwise someone getting injured in a swimming pool accident can lead to a personal injury claim.

4. Dog bites

People attacked by dogs or bitten by domestic animals can file for personal injury claims against the animal owner. However, most of such personal injury cases are related to dog bites.

How do you determine your claim worth?

To determine how much a personal injury claim is worth, we suggest you consult an experienced personal injury attorney Miami Fl as every personal injury claim is unique. If you are looking to retrieve a precise estimate, you can receive it only from a personal injury attorney. However, different factors come into play when determining the claim worth —

1. Associated expenses

When you are injured, you will have to pay medical bills, property repairs, lost wages, and more that can be added to expenses associated with the accident.

2. Future expenses

Many serious injuries might cause you to lead an unsatisfactory life long after the personal injury case is closed. In this case, the court will consider the future medical expenses and lost earning ability when determining the settlement amount.

3. Intangible losses

Personal injury cases also make the court consider losses that don’t necessarily have a dollar value, i.e., losses related to emotional trauma, loss of enjoyment, depression, pain, and suffering.

What types of damages are provided for Personal Injury?

Let’s learn about the different kinds of damages that one can receive under the Personal Injury Law. For a personal injury claim, you can receive the following damages —

  • You can receive payments to cover the medical expenses incurred in the past.
  • You can receive the payments to cover the medical expenses in the future.
  • You can receive payments for lost wages or lost ability to earn money due to injury.
  • You can also receive compensation for emotional trauma and other psychological impacts.
  • Your Personal Injury Attorney Miami Fl can push to receive punitive damages in the quest to punish the responsible party.

What is the process of filing a Personal Injury claim?

1. Hire an attorney

The first step is to find a Personal Injury attorney Miami FL, who can help you file a personal injury claim. The attorney has to be a licensed practitioner of law and should have adequate experience with different types of personal injury cases.

2. Accrue evidence

To file a legitimate personal injury claim, you will need to have proof of evidence about the accident. You will also have to show how the personal injury has impacted your life. You will need police reports, pictures and videos of the accident scene, and other documentation to support your case.

3. Settlement window

The next step will be related to settlement. Your personal injury attorney will send your demands or claims to the at-fault party’s insurance provider. This is because the awards and benefits from the personal injury case are funded by the at-fault party’s insurance provider.

4. Personal Injury lawsuit filing

The personal injury law attorney will move on to the lawsuit filing process if the settlement negotiations do not provide the desired outcomes. Now we will file a legal claim in civil court against the responsible party and its insurance provider.

5. Discovery phase

The next step is the discovery phase which will involve settlement negotiations with the insurance providers and also preparation for the trial. This will include the documentation process and requesting information held by the defendant and the witness testimony.

6. Mediation

Courts in Florida are overburdened with cases and need room to breathe. This is why they insist the parties involved to settle the case before it goes to trial. Court-ordered mediation is another way to settle a personal injury case.

7. Trial

The last step of the process of any personal injury case is trial. In this, your case will wind up in Florida court and your chosen personal injury attorney will represent you when the court demands opening and closing arguments, evidence, and witness examination.
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