Miami Personal Injury Attorney

Yes. The immigration status of a person is not considered a factor when determining a person’s right to make a claim for personal injury. Under Florida law, when an undocumented person is injured in a car accident, slip and fall, or any other type of negligence related accident, that person has the right to bring a claim for compensation of medical bills, mental anguish, and pain and suffering. If out of fear of immigration status, an undocumented person doesn’t report a car accident or an injury claim, then the injured person is risking the ability to make a proper claim for compensation. If you are undocumented and are injured in an accident, it is important that you report the accident, provide the authorities with your real name, and then call Amanda Demanda to learn about your legal rights.

In most personal injury cases, a lawyer’s services are offered on a “contingency fee” basis, which means the lawyer’s fees will be a percentage of the final compensation the injured person receives. The percentage that a personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33.33 percent (or one-third) is most common when a case does not require litigation. If for whatever reason, a client doesn’t have a favorable outcome in a case, then the lawyer collects no fees. The client is not expected to come out of pocket on anything.

Maybe; but if you have sustained an injury or have extensive property damages, it’s always worth scheduling a free consultation with an attorney. Insurance companies cannot be trusted with evaluating a person’s injury because they are a for profit company. Insurance companies are focused on their business’ bottom-line and not on the well-being of the injured person. They work hard to ensure they pay the injured person as little as possible when there is a claim filed. Always remember non-attorneys are not allowed to offer legal advice; if you think you deserve more money or at the very least want to explore your options, contact an attorney.

Negligence is when someone’s actions fall short of reasonable standards for protecting a person from harm; for example, a distracted driver causing an accident. To win a personal injury lawsuit, the plaintiff must prove the defendant is responsible for and caused their injuries, meaning they acted in negligence. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.

There is no hard timeline on how long a case will take from the moment it is filed until a verdict or settlement could be reached. One main factor of determining how long a case will take is the injury a client has sustained. Understanding completely a client’s injury is what allows proper evaluation of a personal injury case. Therefore, a lot depends on the injured client’s recovery and/or prognosis. Once the injured client has reached maximum medical improvement, the attorney can collect all the medical records and proof of lost wages to present as damages. Every case is different, and some cases take longer than others. However, with proper file management, an attorney can minimize unnecessary delays in moving the case towards a successful resolution. On average a case takes 12 to 18 months from beginning to end. Nevertheless, if your case does become a lawsuit with the court and is set to go to trial, it is possible that ​it will take over 18 months from beginning to end. This, however, should not discourage an injured person from pursuing his/her claim through the court system because it is our experience that when a lawsuit is filed the defendant and/or the insurance company will more effectively consider an injury case.