Personal injury law is the legal practice area that seeks compensation for injuries sustained in accidents resulting from someone else’s negligence or wrongdoing. Injuries can include physical, mental, and emotional damages. A personal injury lawyer advocates for the injured victim’s legal rights by guiding them through the legal process to obtain the compensation they deserve.
The city of Doral in Florida is home to over 65,000 people, which leads to many accidents. Personal injury lawyers help accident victims in all types of incidents, including auto accidents, slip-and-fall accidents, medical malpractice, premise liability, and more. Doral personal injury attorneys at Ward Law Group, PL, can work with you after suffering an injury to help you assert a claim or initiate a lawsuit.
What lawsuits arise from personal injury accidents?
Personal injury lawsuits can start from any accident that causes an injury. Ward Law has extensive experience working on civil lawsuits that arise from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip-and-fall accidents
- Uber/Lyft accidents
- Drunk driving accidents
- Bus accidents
Of these accidents, auto accidents are one of the most widespread in Doral, Florida, resulting in catastrophic injuries.
How common are car accidents in Doral, Florida?
In 2019 alone, three separate car accidents led to four different deaths:
- On June 2, 2019, at 9:16 pm, an accident led to 1 fatality on 58th Street.
- On August 12, 2019, at 12:15 am, an accident led to 1 fatality on SR-826.
- On March 30, 2019, at 3:37 am, an accident led to 2 fatalities at the intersection between 102nd Ave and NW 66th St.
More recently, on March 8, 2020, a Doral car accident led to the death of four young individuals, ranging from 20 to 21 years old, on the Palmetto Expressway.
The Florida Department of Highway Safety and Motor Vehicles reported that so crashes in 2021 have been 20,575 crashes leading to 124 deaths in Miami-Dade County. Besides fatalities, those crashes led to 10,047 injuries.Among the total accidents:
- 295 were bicycle accidents
- 390 were motorcycle accidents
- 502 were pedestrian accidents
- 6,973 were hit-and-run accidents
Traffic accidents can have devastating consequences. Survivors of accidents or those who have lost family members to accidents should not have to go through these difficult times alone. A Doral personal injury attorney can help victims seek the compensation they deserve after a traffic accident.
What types of injuries result from accidents in Doral?
No matter what type of accident happens, many kinds of injuries can result, ranging from minor to severe. If you’re involved in an accident, you should always seek medical attention, even if you don’t immediately have symptoms or see visible signs of an injury. Common injuries that result from accidents in the Doral area include:
- Bruising/Contusions: These injuries can result from a collision, causing your seat belt to restrict movement or from hitting your body parts against objects in the car or the car itself due to the impact.
- Neck and Back Injuries: The intense, rapid car movement during a collision can cause severe injuries to your neck, spine, and back, including herniations, ruptures of the discs, and long-term neck or back problems. Neck and back injuries may not be immediately apparent, so you should always see a doctor after an accident.
- Whiplash: This injury mainly happens in rear-end collisions. Whiplash injuries can be very painful and take many weeks to recover.
- Concussions: If you hit your head after an accident, you can suffer from a concussion, leading to headaches and other symptoms, sometimes severe.
- Traumatic Brain Injuries: More severe than concussions, traumatic brain injuries can have life-changing, long-term effects.
- Broken Bones: Any part of your body can break after an accident.
- Internal Bleeding: External factors can contribute to the puncture of different parts of your body or organs that can cause internal bleeding.
- Post-Traumatic Stress Disorder (PTSD): Many people experience PTSD after an accident, which requires therapy or other forms of short- and long-term recovery.
Regardless of your injuries resulting from an accident, personal injury victims should not have to go through the aftermath of the incident alone. Legal representation after sustaining physical injuries can help you get the compensation you need for your required medical treatment, including past, present, and future expenses.
What is PIP, and how does it work?
Personal Injury Protection (PIP) is a type of auto insurance policy or personal insurance protection only ten states require drivers to have. Florida is one of those states, also known as a no-fault state. PIP coverage requires that individuals are responsible for having insurance to cover their damages, regardless of who was at fault for the accident.
Florida’s PIP policy covers 80% of medical costs, lost wages, and death benefits up to $10,000. If the injury does not require emergency medical care, you may only be entitled to $2,500 worth of benefits. Contrarily, if you sustain injuries necessitating medical treatment with costs totaling more than $10,000, you must seek additional compensation from the at-fault party or their insurance company. Navigating these rules and speaking with insurance companies can seem overwhelming. A personal injury attorney can handle all communications with the opposing party and the insurance companies.
It’s important to note recently, in 2021, the Florida Senate passed Bill 54, which would repeal Florida’s no-fault PIP system. Instead, Florida’s policy will require bodily injury coverage beginning at $25,000 for all Florida drivers. The Bill will also change how insurance companies handle motor vehicle claims and address third-party bad-faith failures to settle an action against an insurance carrier. Critics of the Bill state that the new legislation will make it more difficult to sue insurance companies for bad-faith actions. If passed, the Bill will become effective on January 1, 2022.
Who will pay for my additional damages?
If a negligent party causes an accident resulting in injuries or damages greater than $10,000 or permanent injuries (i.e., death), then Florida treats your claim similarly to an at-fault state. Doing so allows you to file a civil lawsuit against the at-fault party for damages. The at-fault party must compensate you via their own bodily injury liability insurance or personal assets.
You must prove that the other party was at fault by gathering all relevant evidence to support your claim. This process can be tedious, but a personal injury law firm knows who to speak to and how to gather this evidence.
Who is responsible for my injuries if I get in an accident in Doral?
In Doral and all of Florida, the law finds the negligent party responsible for any injuries due to an accident. Florida law defines negligence as failing to act with a reasonable degree of care expected of someone to prevent and minimize the risk of harm to another individual.
Florida is a comparative negligence state, meaning that each party is responsible for paying the percentage of fault they contributed. For example, suppose two drivers are in an accident because one driver ran a red light, but the other driver minimally exceeded the speed limit. In that case, an insurance adjuster might claim that the slightly speeding driver is 20% at fault for the accident while the driver who ran the red light is 80% at fault. The 20% at-fault driver will only recover 80% of their damages, accounting for their share of negligence.
You must prove that the other party was at fault by gathering all relevant evidence to support your claim. This process can be tedious, but a personal injury law firm knows who to speak to and how to gather this evidence.
How can I prove another party’s negligence?
To prove negligence, the plaintiff (i.e., the injured party) must prove each corresponding element, including:
- The defendant owed you a duty of care. All drivers owe other drivers a duty of care to operate their vehicles carefully and responsibly by not speeding, texting and driving, drinking and driving, or acting in any other way that may put other drivers at risk.
- The defendant failed to uphold their duty of care. If a driver speeds, texts, drives, or drinks and drives, they fail to keep their duty of care.
- The defendant’s negligence (or failure to uphold their duty of care) caused your injuries. Your injuries must be the direct result of the accident. You sustained substantial injuries. Your injuries must be significant, costly, requiring recovery, life-changing, or permanent to recover compensation.
If the injured party can prove each of the four elements above, they can establish the at-fault party was negligent. To prove each element described above, you need to gather all necessary evidence to support your claim, including:
- Medical records
- Accident reports
- Police reports
- Photographs
- Videos
- Witness testimonies
- Expert testimonies
This evidence can be direct or circumstantial. You can sometimes use the legal theory that the injuries speak for themselves to support your claim. A personal injury law firm can help you gather the required evidence and properly assert your claim against the negligent party.
Florida is a comparative negligence state, meaning that each party is responsible for paying the percentage of fault they contributed. For example, suppose two drivers are in an accident because one driver ran a red light, but the other driver minimally exceeded the speed limit. In that case, an insurance adjuster might claim that the slightly speeding driver is 20% at fault for the accident while the driver who ran the red light is 80% at fault. The 20% at-fault driver will only recover 80% of their damages, accounting for their share of negligence.
You must prove that the other party was at fault by gathering all relevant evidence to support your claim. This process can be tedious, but a personal injury law firm knows who to speak to and how to gather this evidence.
What should I do after an accident?
There are many steps a victim can take after an accident to ensure they have a valid claim to help them get compensation for their resulting injuries and damages, including:
- Ensure your safety. Immediately ensure that you and anyone involved in the accident are safe. Your health and safety are paramount after an accident. If you suffer injuries, seek medical attention as soon as possible. If you’re unsure if you’re injured, err on caution and seek treatment anyway.
- Call 911. After an accident, you should always contact law enforcement so they can establish a police report and get the appropriate medical personnel to the scene. You can use the police report to support your claim for damages.
- Seek Medical Attention. Again, even if you’re unsure about the extent of your injuries, you should always seek medical attention. Some injuries do not appear until days or weeks after the accident. You can use medical records to support your claim. If you wait for treatment, the opposing party can argue that your injuries are unrelated to the accident. Remember, your injuries must be the direct result of the accident to prove your negligence claim. Contact your insurance company. In Florida, you must contact your insurance company after an accident to seek compensation. Be careful not to share too much information about fault or accept any settlement offers until you consult an attorney.
Contact a personal injury law firm. Many law firms offer free case evaluations and consultations for victims involved in an accident. You can use the firm’s contact form to schedule an appointment to receive relevant legal advice, learn about the legal services provided, and determine if you have a valid claim.
The aftermath of an accident can be overwhelming. Still, if you contact a personal injury lawyer, you can get the legal support you need to spend your time and energy better focusing on your recovery.
How much compensation can I receive after a Doral car accident?
It depends. Each case is different, and the amount of compensation you may be entitled to will vary based on several factors, including:
- The extent of your injuries and medical expenses
- Any long-term impacts of injuries
- Lost wagesLoss of future income
- Loss of earning potential
- Pain and suffering (i.e., non-economic damages), Loss of enjoyment of life
- Loss of consortium (in a wrongful death lawsuit if a loved one dies)
Though the amount of monetary compensation can vary, it’s vital to contact a personal injury law firm to evaluate the potential worth of your accident claim.
Do I need to hire a Doral personal injury lawyer?
Yes. If you’re reading this, chances are you or someone you know suffers from injuries sustained in an accident. A personal injury lawyer can help you receive fair compensation. Additionally, a lawyer can provide the relevant information you need to file and support your claim. Your personal injury attorney can answer any questions you have as you navigate the legal process and also help with the following:
- Investigating the accident
- Gathering the evidence you need to support your claim, including medical records, witness and expert testimonies, police reports, driving records, etc.
- Filing the insurance claim on time, before the statute of limitations runs out
- Negotiating a fair settlement with the insurance companies or filing a civil lawsuit against the at-fault party (Note: Insurance companies will often try to settle with you for the least amount possible. Your personal injury attorney knows the value of your claim and will fight for the total amount you deserve.)
- Handling all communications with insurance companies and other parties involved
If you’re suffering from injuries after an accident, contact the legal team at Ward Law today for a free case evaluation to learn about your legal rights.