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You Pay Nothing Until You Get Paid for Your Personal Injury Loss
PERSONAL INJURY LAWYER SERVING MIAMI, HOLLYWOOD, AND FORT LAUDERDALE
There are no up front costs or fees while we pursue your car accident, truck accident, slip and fall, dog bite, or other personal injury case in Miami and all of South Florida. Our fees are contingent on the final outcome of your case. We advance all costs and fees to insure your case gets the best results. All of the costs advanced will be reimbursed to the firm after the case is resolved. Therefore, there is no cost to you if your case does not resolve in payment to you.
Protecting Your Rights When Injured
Have you or someone that you care about been involved in a preventable accident that resulted in a personal injury? If so, you are undoubtedly already aware of the disruption that an event like a car accident has on your entire life. Now you are wondering how to deal with all that has been heaped on your plate. Personal injuries and their aftermath are exhausting and life-altering for the injured and those who care for them. You are probably frustrated and unclear as to where to turn for help and direction.
Without an experienced lawyer providing you with clarity, you can soon become overwhelmed and frightened. The good news is that you don’t have to work through all these issues alone. By finding an attorney who helps folks like you day-in and day-out with car accident and other personal injury claims, you can increase your confidence that with the help of a personal injury attorney in Miami, you will achieve the just compensation you deserve.
Does it Make Sense to Use a Personal Injury Attorney to Deal with the Insurance Company. Read This Special Report to Find out the Answer.
A Miami car accident and personal injury attorney who has the training, experience, and resources to properly investigate your claim will review the accident in great detail including taking witness testimony; carefully reviewing all physical evidence, police reports and medical records; and working with professionals in accident reconstruction, forensics, medical and private investigation who may provide expert witnesses in constructing your case. This investigation will be valuable in presenting the case to the insurance company with the goal of obtaining a maximum negotiated settlement or with the ultimate use in a trial, if necessary. Either way the goal will be obtaining the highest possible financial damages for all medical expenses, loss of earnings and emotional trauma suffered as a result of the accident.
LEGAL HELP FOR SERIOUS PERSONAL INJURY VICTIMS IN FORT LAUDERDALE AND MIAMI
The Law Offices of Gilbert and Smallman, LLC, is a personal injury law firm representing victims of serious injuries resulting from car accidents, truck accidents, slips and falls, and other similar injury case throughout the greater Fort Lauderdale, Miami and South Florida area. When you or someone you love is injured or loses their life because of another’s wrongful conduct, our attorneys can help you take action to rebuild your life by seeking justice and the financial compensation you need for medical care and much more. We know that such times are tough; our mission is to relieve the pressure by holding the responsible party accountable and seeking full compensation for all of your post-accident or injury expenses and losses, no matter the circumstances or the severity of physical and emotional trauma you have experienced.
Talking to a Miami car accident lawyer or personal injury attorney is an important step to take following any kind of personal injury accident. Regardless of the specifics of how you have been injured, a skilled attorney from our firm will have detailed knowledge to properly defend your case. In any of type of injury case, you have the right to legal recourse; however, without a thorough review by a competent professional you may have no way of knowing the true value of your claim and against what party you can take legal action. Gilbert and Smallman can review your case during a no obligation consultation to determine how we can help you. If we work with you on your case, our legal team can then take action to hold the negligent party responsible for their conduct as we seek just monetary damages on your behalf.
Our law firm takes on personal injury cases such as car accident, slip and fall, and dog bites, throughout Miami and Fort Lauderdale. We are a small firm who can give your case the attention it deserves. In fact, you will have the cell phone number of either Harris Gilbert or Andrew Smallman, and we both encourage you to call us anytime you have a question. When you engage our firm for legal support and guidance, you can relax in the knowledge that we will do everything in our power to help you reach your optimum outcome.
How Does a Personal Injury Lawsuit Work? Do You Have a Case?
When you call us for the no obligation consultation, we will be trying to initially determine three basic issues:
- Who is Liable or at fault in the accident?
- Can you collect damages if you win?
- What are the potential damages?
Liability – In every accident, whether a car accident, dog bite, slip and fall, or industrial, liability needs to be assessed. In some cases it is really clear that one party to the accident bears 100% of the blame, and all other parties are blameless. In other cases, there may be joint liability. In these cases, while one party may be the primary cause of the accident and bears most of the responsibility, others may have contributed to the damages, or not done all they could to reduce the damages.
An example of joint liability might be where one driver did an unsafe lane change, but the driver that he hit was speeding. The driver who made the lane change may have been the primary cause, but the speeding driver may have been able to avoid the accident but for the excessive speed.
So our first step is to listen to your statement of the facts of the case to determine whether it appears you are likely to be seen as the victim of the accident with no liability or blame, or whether you have been the primary cause of the accident or bear at least some of the liability.
If your case is subject to no-fault laws, then this part of the assessment is unnecessary for accidents that fall within the low limits of these policies. In Florida, no fault laws apply to motor vehicle accidents with under $10,000 in damages. However, if the injuries result in greater expenses or claims than the maximum in the no fault policies, then a claim for those damages must be evaluated in terms of fault.
Collectability – Next, we evaluate the collectability of the claim. It doesn’t do you any good to win a claim for your injury if there is no way to collect from the party who caused your injury. In almost every case there will be some party to the accident who has insurance. This could even be your own insurance company in cases of an uninsured motorist, or where the claim will be handled under a no fault law.
Damages – Once we determine who is at fault and which insurance company to file the claim with, we can move on to the question of damages. Here is a list of the most likely type of damages you may claim:
- Property losses – Any property, including cars, trucks or other vehicles, clothing, personal property, or equipment, damaged as a result of the accident will generally be reimbursed in the form of cost of repairs or compensation for the fair market value of the property.
- Medical – Personal injuries most commonly include the cost of medical care associated with the accident. This will be a combination of reimbursement for treatment received up until the claim is paid and compensation for the estimated cost of care you’ll need in the future related to the accident.
- Loss of Income – If the accident has had an impact on your salary or wages, you may be do compensation for any such loss including income you would have been able to make in the future, were it not for the accident.
- Pain and suffering – Many accidents result in pain and serious discomfort as a result of the accident and in its aftermath. Sometimes these types of trauma can continue for years. You will be compensated for these losses based on such criteria as the type of injuries sustained, the evaluations of the doctors, types of medications prescribed, and other proofs provided of such damages.
- Emotional distress – Emotional distress damages compensate you for the psychological impact of your injury. These damages might include evidence that the accident resulted in fear, anxiety, or sleep loss.
- Loss of consortium – If the accident results in your suffering the loss of companionship with a loved one or inability to continue a sexual relationship, you may be due financial compensation.
- Loss of enjoyment – To the extent that you are no longer able to pursue or fully enjoy certain hobbies, exercise, and other activities, you may be entitled to receive “loss of enjoyment” damages.
- Other damages – Every case is different, and the potential list of damages is considerable.
- Punitive damages – Used in limited situations to punish the party who caused the injury, punitive damages are designed to address the liable party’s behavior seen to be so reckless or hazardous that one could ascribe malice or willful disregard for anothers’ safety, health, or rights.
If You Do Have a Personal Injury Case, What Happens Next?
If you have been injured in a car accident, truck accident, bicycle accident or other similar case, it will always be our goal to settle with the insurance company when possible. That is the better solution for you in almost every situation. In order to provide you with the earliest possible compensation, we will move quickly through the process. However, while most cases do result in a payment within a few months, some take longer, and sometimes the insurance company will not settle for a fair amount. Therefore at every step in the process, we must prepare your case fully as though there will be a trial.
At Gilbert and Smallman we recognize that this can be a confusing process and we are here to help explain some of the primary steps that you can expect. The first step after you hire Gilbert and Smallman is the investigation. We will look into the circumstances of the case, including:
- gathering physical evidence
- speaking to key witnesses
- consulting with experts
When the investigations have given us the information we need to begin negotiations, a formal demand will be made with the insurance company and/or other parties. The demand letter will outline the facts of the case and any supporting evidence. It will also include a settlement offer. This offer will be an amount that you have agreed would be acceptable. It is not uncommon for there to be several counter offers before a final number is reached. Once again, you will be informed every step of the way, and no offer or acceptance of an offer will be made without your involvement and consent.
If there is no settlement, the next step is to proceed with litigation. After the decision to pursue a lawsuit has been made, we will officially file a complaint with the court. The complaint is formally served to the defendant(s) who will then file an answer where they lay out their view of the case in response to your allegations included in the complaint.
Sometimes, the mere filing of the case will result in the other side reopening negotiations on a settlement. In most cases however, the case will now move to the discovery phase. During discovery both parties will have a chance to request documents and the taking of depositions to fully develop all the facts.
Plaintiff (you) or defendant may also file motions at this point to have certain pieces of evidence dismissed from the case. If a motion is filed, the opposing party will generally have up to fourteen days to respond; in some cases, it may require a hearing to sort out the details. Regardless, after all motions have been heard, the case will proceed. This may result in mediation to resolve the case without the use of the court, or it may require that the case be taken to trial. No matter how you proceed, it is valuable to have a knowledgeable attorney on your side to help protect your best interests and ensure your rights are not violated.
It is important to keep in mind that we have merely provided an outline of steps which could take place in your case. You car accident, slip and fall, or dog bite will not be exactly like any other similar case and will unfold in a different manner. If you would like to discuss your case in detail or would like to start the process by having us contact the insurance company, call us anytime day or night. We will walk you through what you can expect and the different ways that our firm can help protect you. Here are the personal cell phones of the partners at the Law Offices of Gilbert and Harris, LLC
Consulting with a Fort Lauderdale Personal Injury Lawyer
When you are injured in a car accident, motorcycle accident, or other similar situation because someone else acted recklessly or failed to provide a standard level of caution or care, you may choose to hold that individual responsible in court. You certainly shouldn’t be put in a position to pay expenses for injuries you suffered because of negligence or purposeful actions of another.
Victims of personal injuries in Miami, Fort Lauderdale, Hollywood and the entire South Florida area can seek financial damages from the party who caused or contributed to the cause of your injury. Any compensation received for these damages is meant to help you and your family recover from every loss suffered in the accident.
Making the decision to consult with an injury attorney is important. While any possible legal action is not the first priority after you car accident, it is important to quickly seek justice by way of a personal injury or wrongful death claim. At Gilbert and Smallman, we have the experience and resources to help you with every detail necessary to collect all restitution due you.
Are you ready to discuss the situation in your case with a legal professional? Don’t wait! Contact Either Harris Gilbert or Andrew Smallman today on their personal cell phone.
Drunk Driving Car Accident Attorney
Because car accidents are a primary focus of our personal injury firm, we place a strong emphasis on protecting the rights of those who have been injured by drunk drivers. A person who has consumed alcohol or drugs and gets behind the wheel of a car will likely have impaired motor and mental skills and a delayed reaction time. These factors can greatly increase the likelihood of that driver causing a collision. Heavy weather and congested roads will only increase the likelihood of an accident. In Fort Lauderdale or Miami, where drivers are held accountable for causing auto accidents, proving the fault of the drunk driver is an important part of ensuring that their insurance will cover your injuries. That is where an attorney will prove particularly valuable. In addition to establishing the cause of a drunk driving accident, we will work to determine the true value of your case.