Payer & Associates | Miami Personal Injury Lawyers
Experienced Injury Attorneys Protecting the Rights of Greater Miami Residents
After an accident, you may face substantial medical expenses and a long period of physical recovery. You may be entitled to money if another person or entity was responsible for your injuries. Attorneys James and Christian Payer have over 40 years of combined experience providing aggressive legal representation to residents of Greater Miami. Our hardworking team is available 24/7 for home, hospital, or office consultations, and we work exclusively with accident victims. At Payer and Associates, our knowledgeable injury lawyers are dedicated to helping injury victims and their families in Miami and South Florida’s surrounding cities through the accident claims process and aggressively represent our clients in order to get them the maximum compensation for their injuries.Bringing a Negligence Lawsuit for Compensation
Some of the most common types of accidents in Florida are car crashes, slip and falls, and workers’ compensation accidents. People seeking compensation for injuries suffered in these situations or others usually ground their legal claims on the theory of negligence. This is based on proving a duty of care that the defendant owed to the victim, a breach of that duty, a causal link from the breach to the accident, and quantifiable costs or losses that arose. In ordinary situations, the duty of care is defined as using the same precautions that a reasonably prudent person would use in similar circumstances.
If you successfully show that the defendant was negligent, you likely can recover damages that account for both objective and subjective forms of harm. Among the damages that you may be able to recover in a personal injury lawsuit are medical expenses, lost wages, out-of-pocket costs, property damage, mental anguish, loss of enjoyment of life and pain and suffering.
What if the victim was partially to blame for the accident? Florida follows the rule of pure comparative negligence. The plaintiff's recovery may be reduced in proportion to his or her degree of fault, but it may not be eliminated unless he or she was solely responsible. For example, if the jury finds that the total damages are $100,000, and that the defendant is 80% at fault, the defendant will usually be held responsible for $80,000 of the $100,000.00 in damages.
If a victim dies in an accident, a wrongful death lawsuit may be brought under Florida Statutes section 678.18. The personal representative of the decedent's estate may bring a civil lawsuit, seeking a legal remedy for that death and the losses stemming from it. Florida law requires the personal representative of the deceased person's estate to file the wrongful death claim on behalf of both the estate and surviving family members. The surviving family members eligible to pursue damages include a spouse, children, and parents. Blood relatives and adoptive siblings who were partly or completely dependent on the decedent for support and services may also seek damages.Filing a Claim for Workers’ Compensation Benefits
In many situations, injuries occur on the job. Almost all Florida employees are covered by workers'compensation. It is mandatory for employers with four or more employees to procure this type of insurance. In the construction field, in which there is a high rate of job-related injuries, even employers with just one employee must obtain workers' compensation coverage.
Benefits for workplace accidents may be recovered through the workers' compensation system without proving fault. In other words, it does not matter whether an employer’s or an employee's negligence is what caused the injury. Although it is a no-fault system, many workers' compensation insurers deny claims or try to avoid paying the full benefits owed under Florida’s workers’ compensation laws.
In Florida generally you need to report a workplace accident to your employer within 30 days of your accident. It is very important to consult with an experienced attorney about your claim as soon as possible after you have been injured in a workplace accident in order to ensure your entitlement to workers’ compensation benefits.Seek Legal Guidance in Miami after a Devastating Accident
Sometimes insurers offer a low-ball settlement shortly after an accident to reduce the threat of litigation. However, the full extent of your injuries from an accident may not be known immediately. It can take up to a year to know whether surgery or long-term care is necessary.
Legal representation by an aggressive and experienced Miami attorney can make a big difference to victims of car accidents, slip and falls, or mishaps in the construction industry. At Payer & Associates, we represent accident victims and their families throughout the South Florida area and cities in Miami-Dade County, such as Miami and Miami Gardens. Call us at 305-854-4442 or contact us online to set up your free confidential consultation with one of our attorneys.