How can a personal injury lawyer in Miami help you? When you are coping with a personal injury, it is not just a physical problem. Though, this is enough to have a significant impact on your health, wellbeing, and quality of life.
But you are also struggling with financial issues and, quite probably, emotional turmoil. It is life-altering – in all senses of the word. When you suffer an injury because of another party’s careless, reckless, or negligent behavior, you have the right to pursue compensation.
The amount of your recovery depends largely on the Miami personal injury lawyer standing up with you and for you. The CLT team has recovered claims exceeding $40 million for our clients. We are on your side, and one of our primary goals is to maximize your recovery. Our mission, always, is to protect your rights.
What Types of Cases Do Miami Personal Injury Lawyers Handle?
Personal injury law covers a wide spectrum of cases, including:
- Premises liability (i.e. slip and fall)
- Motor vehicle accidents
- Boating Accidents
- Pedestrian, bicycle, and scooter accidents
- Product liability
- Wrongful death
- Dog bites
- Construction accidents
- Sports injuries
If you are unsure whether or not your situation falls into a “personal injury” category, do not hesitate to contact a CTL personal injury lawyer in Miami.
As mentioned, it is important to recognize that personal injury cases obviously involve physical pain and suffering, but they also impact virtually every other facet of our lives. They can have significant financial and emotional consequences. From the loss of wages and mounting medical bills to experiences of trauma and anxiety, an incident can live with you even after you have recovered physically. The Clayton Trial Lawyers team takes all of this into consideration, building a compelling case for fair and appropriate compensation.
The Burden of Proof Is On You
In a criminal case, the state must prove beyond all reasonable doubt that the defendant is guilty. The burden of proof is on them. In a civil case (e.g. a personal injury lawsuit), the burden of proof is on the plaintiff, sometimes called the “victim.”
You need to present a strong case in order to recover compensation. Unlike a criminal case, there needs to be a “preponderance of the evidence.” That means that you must convince the judge or jury that your account of the events is the one that most likely occurred, or that there is a greater than 50% chance that your claim is true.
A successful case shows that the defendant acted negligently, recklessly, or carelessly (whether intentional or unintentional). Then you must show that this action or lack of action caused your injury and that your injury caused losses and damages.
Hearing that the burden of proof is on you is intimidating. But remember, you have a team behind you. Your experienced Miami personal injury attorney is by your side to provide sound legal advice, direction, and support. You are not alone.
Personal Injury Law: Statute of Limitations
In the world of personal injury law, victims have a window of time in which they must file a lawsuit against the defendant if they hope to receive financial recovery from the legal system. If they do not, then their claim will likely be rejected by the courts.
This is known as the “statute of limitations.” Think of it as a deadline for your lawsuit. In Florida, you have four years from the date of the accident or incident in personal injury cases, though there are some exceptions:
- Medical malpractice: 2 years
- Wrongful death: 2 years
- Product Liability: 2 or 4 years
- Assault/battery: 2 years
There are several nuances even within these limitations. For example, a minor (i.e. someone under the age of 18) has a window of 7 years after the date of their injury or until the standard statute of limitations, whichever is longer.
It may seem like a long period of time, but it is critical that you do not wait to seek legal counsel. Time is necessary to gather facts, evaluate evidence, seek expert testimony, file suit, and ensure all of the legal i’s are dotted and t’s are crossed. Consult with a Miami personal injury lawyer as soon as possible after your injury. This is an essential step in protecting your rights.
Will Your Case Go to Trial?
We are going to pose two questions that seem contradictory:
- Is your case likely to go to trial? No.
- Is it important to have a personal injury lawyer in Miami with court experience? Yes.
In the United States, only 4 to 5 percent of personal injury cases go to trial. The vast majority are settled out of court; that is, the parties come to an agreement and the “case is closed” before it comes in front of a judge.
Why, then, is it important to have a personal injury lawyer with courtroom experience? It is all about your negotiating position. Defendants, their lawyers, and their insurance companies know that it is uncommon for a case to go to trial.
They try, by any means possible, to get you to settle – and for a significantly reduced price. After all, this is about keeping money in their pockets, not addressing serious issues that caused your injury.
When they know that you have a lawyer who is ready, willing, and able to go to court to protect your rights, it strengthens your ability to negotiate. Again, it is far more likely that we will be able to reach an agreement that is appropriate for you. But if not… We are ready to fight.
Tell Us Your Story
This is the first step. You are not a statistic or a number; you are a person who needs the advice and support of an experienced Miami personal injury lawyer in order to recover – as fully as possible – from your injuries. This includes physically, financially, and emotionally. We listen. Bringing both our legal experience and expertise and compassion to the table, we pursue maximum compensation aggressively.
While we have handled scores of personal injury cases, you are not just a “case.” Your situation is different and unique, and we work tirelessly to build a compelling case that will allow you to begin moving on from your injury.
Your CTL personal injury lawyer in Miami works on a “contingency basis.” In other words, if there is no recovery, you do not have to pay any costs or fees. Shifting the financial burden of expert legal advice off your shoulders is a tremendous relief, and it empowers you to pursue legal action with full confidence.
Clayton Trial Lawyers: On Your Side
We pride ourselves on being the most responsive, communicative, compassionate, and skilled personal injury lawyers in Miami. You are not a case, a dollar sign, or a check in the “Win” column. You are a victim of someone else’s carelessness or lack of regard for the law, and you deserve to have the best team behind you.
Contact Clayton Trial Lawyers for a free case evaluation.