Nestled in the heart of Miami-Dade County, Coral Gables stands as a true gem among the vibrant cities of South Florida. Renowned for its timeless elegance, tree-lined streets, and Mediterranean-inspired architecture, Coral Gables offers much more than just a picturesque setting. Beneath its enchanting façade lies a treasure trove of unique amenities that captivate both residents and visitors alike.
Unfortunately, even in a serene location like this, accidents are all too common, happening when you least expect them and often blindsiding victims with serious injuries and mounting medical bills.
At Redondo Law, Miami personal injury attorney Mike Redondo believes that everyone deserves to be safe in their chosen communities, and when accidents do occur, the at-fault party needs to be held accountable. That’s why he’s dedicated his practice to fighting for the rights of Coral Gables residents who have been injured by someone else’s negligence.
If you or a loved one has been injured or killed because of the actions of another, you don’t have to go through this difficult time alone. Let attorney Mike Redondo help you recover the justice and compensation you deserve.
Types of personal injury lawsuits
When people think of personal injury lawsuits, car accidents are often the first thing that comes to mind. But people can be injured in a wide variety of accidents caused by someone else’s negligence in which they may be eligible to collect compensation, including:
Car accidents involving negligent drivers, speeding, distracted driving or drunk driving can lead to personal injury lawsuits when serious injuries result. In these cases, victims may pursue compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the accident.
Personal injury lawsuits can arise from truck accidents caused by factors such as driver negligence, trucking company liability or defective truck equipment. Victims can seek compensation for their injuries and related damages resulting from these often severe and complex accidents.
Personal injury lawsuits can result from motorcycle accidents caused by driver negligence, road hazards or other factors. Due to the vulnerability of motorcyclists, these accidents often result in severe injuries, and victims may seek compensation for their medical bills, rehabilitation costs, and other damages.
Personal injury lawsuits can arise from accidents that occur on waterways, such as collisions between boats or watercraft, incidents caused by reckless or intoxicated boaters, or injuries sustained during fishing activities. Victims can seek compensation for their injuries and related damages.
Pedestrians involved in accidents with vehicles due to driver negligence, failure to yield or distracted driving can file personal injury lawsuits. These cases often involve serious injuries, and victims may be entitled to compensation for medical expenses, lost income, pain and suffering and other damages.
When individuals suffer injuries due to hazardous conditions on someone else’s property, such as wet floors, uneven surfaces or inadequate maintenance, they may pursue a premises liability claim to seek compensation for their injuries and related damages.
Personal injury lawsuits can also arise from catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, severe burns or permanent disabilities. These lawsuits aim to secure compensation for the extensive medical treatment, long-term care, rehabilitation and other damages suffered by the victim.
When someone’s negligence or intentional actions result in the death of another person, surviving family members can file a wrongful death lawsuit. These lawsuits seek compensation for funeral expenses, loss of financial support, emotional anguish and other damages resulting from the wrongful death.
These lawsuits involve instances where healthcare professionals, such as doctors, nurses or hospitals, fail to provide a reasonable standard of care, resulting in injuries or worsening of a patient’s condition.
If a defective or dangerous product causes harm to a consumer, a product liability lawsuit can be pursued against the manufacturer, distributor or retailer responsible for the product’s design, manufacturing or warning defects.
In cases where a person is bitten or attacked by a dog, the owner may be held liable for the injuries sustained.
When residents of nursing homes or assisted living facilities suffer physical, emotional or financial abuse or neglect, they or their families can file a lawsuit to hold the facility accountable for their actions and seek compensation for the harm caused.
What is negligence?
Negligence is a fundamental legal concept that plays a crucial role in personal injury cases. It refers to the failure of an individual or entity to exercise reasonable care, resulting in harm or injury to another person.
When someone’s negligence leads to an accident or injury, the injured party may have grounds for a personal injury lawsuit to seek compensation for their damages.
How do you prove negligence in a personal injury lawsuit?
To establish negligence, you must generally prove these 4 essential elements:
- Duty of care. The defendant must have owed a legal duty of care to the plaintiff. This duty of care implies that the defendant had an obligation to act in a manner that a reasonably prudent person would act in similar circumstances, with the aim of preventing foreseeable harm.
- Breach of duty. The plaintiff must demonstrate that the defendant breached their duty of care by failing to meet the required standard. This breach typically occurs when the defendant’s actions, or lack thereof, deviate from what a reasonably prudent person would have done in the same situation.
- Causation. The plaintiff must establish a causal link between the defendant’s breach of duty and the injuries or damages suffered. This means demonstrating that the defendant’s actions or negligence directly caused or substantially contributed to the harm experienced by the plaintiff.
- Damages. Finally, the plaintiff must provide evidence of actual damages resulting from the defendant’s negligence. These damages can include medical expenses, lost wages, pain and suffering, property damage and other losses incurred due to the injury.
What if I was partially responsible for the accident?
Florida follows a comparative negligence rule, under which the amount of compensation a plaintiff can recover in a personal injury lawsuit is reduced in proportion to their degree of fault for the accident. This means that if you’re partially responsible for the incident (50% or less), you can still pursue a claim, but your final settlement award would be reduced accordingly.
For example, let’s say you were looking at your phone while walking across the street when you were hit by a car that didn’t yield the right-of-way. If a judge determines you were 10% at fault for the accident, your final award would be reduced by your assigned fault, which in this case is 10%. So if you would have collected $50,000 in damages, your final award would be $45,000.
Can I sue for bodily injury in Florida?
Many people are confused about their right to file a lawsuit after a car accident in Florida because of Florida’s no-fault insurance laws. While it’s true that every driver in Florida is required to purchase a minimum of $10,000 in no-fault personal injury protection (PIP) insurance to cover their own medical expenses and lost wages after an accident, this coverage often falls far short of the compensation you need to recover.
Fortunately, you are allowed to sue a negligent driver if you experience serious bodily injury in an accident.
Under Florida’s PIP system, serious injuries generally include the following:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
If your injuries meet one or more of these criteria, you may be eligible to file a lawsuit against the at-fault party to seek additional compensation for your bodily injuries, lost wages (past and future), pain and suffering, emotional distress, and other damages beyond what is covered by PIP insurance.
What is the statute of limitations in Florida personal injury lawsuits?
In Florida, personal injury lawsuits are subject to a statute of limitations, which sets a specific timeframe within which a lawsuit must be filed. This legal deadline exists to ensure that claims are brought forth in a timely manner and to protect defendants from facing lawsuits for incidents that occurred a long time ago.
In Florida, the statute of limitations for most personal injury cases is generally 2 years from the date of the accident or injury.
This means that a lawsuit must be filed within 2 years of the accident or when the injury was reasonably discovered to recover compensation.
How a personal injury attorney can help with your claim
A personal injury attorney can assist with a successful claim in various ways, including:
- Legal expertise. Personal injury attorneys possess in-depth knowledge of personal injury laws, regulations and legal procedures. They can provide guidance on the applicable laws relevant to your case and help you understand your rights and options.
- Case evaluation. Attorneys can assess the strength of your case by reviewing the facts, evidence and circumstances surrounding the accident or incident. They can determine the viability of your claim and advise you on the potential outcomes and at-fault parties.
- Gathering evidence. Attorneys can help gather relevant evidence to support your claim, including accident reports, medical records, witness statements, photographs and expert opinions. They have the resources and expertise to investigate the incident thoroughly and build a strong case on your behalf.
- Timely filing. Personal injury attorneys are familiar with the statute of limitations and other legal deadlines. They ensure that all necessary documents and paperwork are filed within the required timeframes to prevent your claim from being thrown out.
- Establishing liability. Personal injury attorneys can investigate and establish liability by identifying the negligent parties responsible for your injuries. They can also gather evidence to prove negligence, such as demonstrating a duty of care, breach of duty, causation and damages.
- Negotiating with insurance companies. Attorneys can handle communications and negotiations with insurance companies on your behalf. They have experience dealing with insurance adjusters and can work to ensure you receive a fair settlement that covers your medical expenses, lost wages and other damages.
- Calculating damages. Attorneys can assess the full extent of your damages, including medical costs, future medical needs, lost income, pain and suffering and other non-economic losses. They can help ensure that all relevant damages are accounted for in your claim.
- Court representation. If your case goes to trial, a personal injury attorney can represent you in court. They will present your case, cross-examine witnesses and argue for your rights and interests to maximize your chances of a favorable verdict.
Contact an experienced Coral Gables personal injury attorney
If you suffered an injury due to someone else’s negligence in Coral Gables, you need a skilled personal injury attorney by your side to ensure your rights are protected. At Redondo Law, attorney Mike Redondo has the experience you need and the compassion you deserve to help you recover maximum compensation for your injuries.
To better help his clients and increase access for anyone who’s been injured in an accident, Mike speaks both Spanish and English and is happy to offer a free, comprehensive evaluation to potential clients.
Contact us today so we can help you get the compensation and justice you deserve.