Aventura Personal Injury Lawyer

What To Do After An Accident

After an accident, you should seek medical attention even if your injuries seem minor. When you are involved in a traumatic event, such as a car crash, or a slip-and-fall accident, your body releases adrenaline to activate the “fight or flight” response. 

The adrenaline rush you experience can mask pain to help you escape the danger. This may make you believe you are not injured, or your injuries are minor, which may not be the case. Seeking immediate medical help ensures your injuries are examined and treated on time.

If you can, document the accident scene to gather evidence before things change. Take photos of every relevant detail at the scene and your injuries. You should also get the contact information and statements of witnesses.

Then, contact a personal injury law firm for guidance and support. It’s not uncommon for injured victims to make decisions that negatively impact their claims. With legal guidance, you will know what to do, and what to avoid.

Understanding The Personal Injury Claims Process In Aventura

To file a personal injury claim, you need to gather evidence to build a strong case. You can do this by taking photos of the accident. If you are involved in an auto accident, capture the positions of the cars, vehicle damage, surroundings, road debris, skid marks, and your injuries. 

The type of auto accident claim you will be filing may determine the evidence to gather. For instance, in a rear-end collision, you should focus on taking photos of the rear of the vehicle.

If you slip and fall in a grocery store, take photos of the hazardous condition that caused the fall and your injuries. 

Other pieces of evidence that can be crucial to your case include your medical records, a police report, witness statements, financial records, and your personal journal documenting your pain.

After filing a personal injury claim against the party that injured you, their insurance company will give a settlement offer. With the help of your attorney, you will obtain more information about the value of your damages to determine if the offer is fair. If it’s not, you will send a counteroffer. 

After several offers and counteroffers, if the insurer refuses to compensate fairly, you can go to trial. Your lawyer will present solid evidence in court, and argue your case to help you receive maximum compensation.

Proving Negligence In A Personal Injury Case

You need to prove negligence when you file a personal injury case. You should show the other party owed a duty of care — which they breached — causing you to sustain an injury that led to damages. 

The evidence you gather is integral to supporting your claim. If you are involved in an auto accident, the driver who hit you owed you a duty of care. Thus, photos showing they were following you too closely, or failed to obey traffic signals can help establish they breached their duty of care. Witness statements are also beneficial in providing details about the events that occurred.

Medical records proving you received medical attention immediately after the accident will help link your injuries to the crash. Expert testimony, like a testimony from a medical expert, can also help explain the complicated aspects of your case.

Your Aventura personal injury lawyer will work with other professionals to calculate the damages you suffered, and estimate potential future ones, to help you seek a fair settlement. They will then present evidence to show why you deserve the amount sought.

How A Personal Injury Lawyer Can Help You Build A Strong Case

A personal injury lawyer can help you build a strong case through:

• Case evaluation and consultation: During your initial consultation, your attorney will learn more about the accident and your injuries. They will also determine the strength of your claim by checking if there is clear evidence of negligence, examining the severity of your injury, and confirming if the circumstances surrounding your case warrant a valid legal claim. Your lawyer will explain your legal options.
• Gathering evidence: Upon taking your case, your lawyer will help you gather more evidence, including medical records, accident reports, eyewitness statements, and video footage, to strengthen the case.
• Expert testimony and medical opinions: Expert witnesses play a crucial role in personal injury claims. Your case can be strengthened when supported by a professional opinion from a medical expert, accident reconstructionist, economic professional, vocational rehabilitation specialist, and so on. Your lawyer can help you access these professionals.
• Negotiating settlements: Personal injury attorneys usually obtain adequate information from the gathered evidence, and the experts they work with to estimate the value of a client’s damages. They then use this knowledge to negotiate a settlement with the insurance company. Your lawyer will send the insurer a demand letter detailing your injuries and damages. The letter will also include the requested compensation, and an explanation as to why the amount is justified. Negotiating settlements outside court is preferable because it gives both parties control over the outcome. Besides, it’s faster, and more private.
• Litigation: Although negotiating a settlement can be beneficial, if the insurer refuses to give you what you deserve, it can be wise to take your case to trial. Your lawyer will protect your interests in court.

Types Of Personal Injury Claims We Handle

At Adam S. Kutner, Injury Attorneys, we handle different personal injury claims. These include:

Car Accidents

If you are involved in a car accident, you should work with a personal injury attorney to be compensated for the injuries you incur. Some examples of common causes of car accidents include drunk driving, distracted driving, rear-end collisions from following too closely, road rage, and hit-and-run accidents.

Slip-And-Fall Accidents

Slip-and-fall accidents are caused by hazardous conditions on a property. These hazards include spills/leaks, wet floors, uneven surfaces, poorly lit areas, and clutter on walkways. If you are involved in this accident, a premises liability lawyer can help you fight for your rights.

Motorcycle Accidents

Motorcycle riders are at high risk of being hit by careless drivers. If a driver fails to check if there is an oncoming motorcycle before changing lanes, or making a left turn at an intersection, they may hit a motorcycle. 

A motorcycle accident is more likely to result in serious injuries. Thus, it’s essential to work with a skilled attorney to maximize compensation.

Wrongful Death Cases

If you lose a loved one because of a fatal car accident, medical malpractice, or any other type of accident, you may be eligible to file a wrongful death claim. Our lawyers will assess your case to determine the best ways to recover the losses your family has experienced because of the death.

Why You Need A Personal Injury Lawyer In Aventura

When recovering damages from someone whose negligence injured you, it’s vital to have a professional who understands the complexities of personal injury laws. A lawyer skilled in personal injury can help you know the steps to take to build a strong case and the mistakes to avoid, such as missing deadlines.

Working with an attorney also ensures you maximize compensation. Your attorney will help you learn more about your damages to determine the appropriate settlement to request.

The other party’s insurance company might employ strategies to reduce your compensation. Nonetheless, your lawyer will identify those tactics and, in turn, develop ways to combat them, helping you receive what you deserve.

Common Mistakes To Avoid When Filing A Personal Injury Claim

Some mistakes can significantly affect your claim. You should avoid:

• Delaying medical attention: Seek immediate medical attention after an accident, even if your injuries seem minor, to be treated and properly document your injuries.
• Providing statements to insurance companies: You should avoid giving insurance adjusters recorded statements without consulting your attorney because anything you say can be used against you.
• Accepting a low settlement offer: It can be unwise to accept a quick settlement offer. Take time to understand the current and potential future consequences of the accident to make informed decisions.
• Not hiring a lawyer early: You need to retain a lawyer as soon as possible to avoid losing crucial evidence, missing deadlines, or accepting the first settlement offer.

Why Choose A Personal Injury Lawyer From Adam S. Kutner? 

Adam S. Kutner, Injury Attorneys, has a team of lawyers experienced in handling personal injury cases. Our lawyers are skilled in negotiating fair settlements for clients. 

Additionally, when you choose a personal injury lawyer from our law firm, you will receive personalized attention. We will tailor solutions to your unique situation. 

Our lawyers also offer aggressive advocacy — we are always ready to fight for fair compensation, and will go to court if necessary. The customer service at our firm is also excellent; we will ensure you are updated about the status of your case at every step.

Lastly, Adam S. Kutner lawyers in Aventura work on a contingency fee basis. We only get paid when you win.

Contact An Aventura Personal Injury Attorney At Adam S. Kutner For A Free Case Evaluation

Any type of accident can result in costly damages. If someone’s negligence caused the accident you were involved in, you may be eligible for compensation. Contact us today to understand your legal options. We offer a free case evaluation, and personalized attention.

FAQ

What Should I Do Immediately After An Accident In Aventura?

Immediately after an accident, call 911 to get medical assistance and report the accident to the police. If you are able, you should try to document the accident scene by taking photos, and obtaining contact details and statements from witnesses. After gathering the needed details, contact an attorney to guide you on the way forward.

How Long Do I Have To File A Personal Injury Claim In Aventura?

Most personal injury cases in Aventura have a statute of limitations of two years. Thus, you have two years from the date of the accident or injury to file a claim.

Can I Settle My Personal Injury Case Without Going To Court?

Yes. You can settle a personal injury case without going to court. However, if you and the other party’s insurer can’t agree on fault, or a fair settlement, you can go to court.

What Types Of Compensation Can I Receive In A Personal Injury Case?

In a personal injury case, you can be compensated for economic damages (monetary losses) and non-economic damages (intangible losses). In some cases, you can also claim punitive damages to punish the defendant, and deter similar conduct in the future.