Personal injury law deals primarily with negligence – the failure to act with due regard for another person’s safety. Examples include a distracted driver who runs a red light or a store employee who fails to mop up a spill in a timely manner. Other parties who can be held liable for the harm they inflict on others include doctors and hospital staff who fail to treat patients with the appropriate standard of care, product manufacturers that put dangerously defective products on the market, and nursing home staff who abuse or neglect the residents in their care.
When a person is injured or killed by the negligence or wrongful conduct of another, Florida law is clear that the responsible party can be held liable to compensate the injury victim or their family for the harm caused. However, the burden falls on the victim to prove that the other party was negligent and that this negligence was the cause of the injury. Victims must also be able to prove the amount of damages they have suffered or will continue to suffer due to the negligent conduct and resulting injury.
Sarah Steinbaum PA is a personal injury law firm dedicated to representing injury victims in Miami, South Florida and statewide. With a strong background in civil litigation and insurance defense experience, Sarah and her team are ready to take on the most challenging cases and the most serious injuries. At Sarah Steinbaum PA, you’ll receive personal service and access to your attorney whenever you need her. Call our office in Miami for help in any Florida personal injury matter, including:
- Medical Malpractice
- Motor Vehicle Accidents
- Premises Liability
- Product Liability
- Nursing Home Abuse
- Wrongful Death
Damages Recoverable in a Personal Injury Case
After suffering a personal injury because of another party’s negligence, the goal of the law is to compensate the victim as fully as possible and make up for all the damages caused. Some of the damages recoverable in a personal injury matter include:
- Medical Expenses – doctor visits, hospital stays, medications, surgery, physical therapy
- Lost Wages – lost income from time missed from work to recover
- Lost Earning Capacity – lost income from a temporary or permanent disability
- Pain and Suffering – compensation for psychological harm, emotional distress, mental anguish, loss in quality of life
Punitive damages can also be awarded to punish the responsible party if it can be proven by “clear and convincing evidence” that the party was personally guilty of intentional misconduct or gross negligence. Intentional misconduct means knowing the conduct is highly dangerous but doing it anyway, while gross negligence means acting recklessly with a conscious disregard for the safety of others. Punitive damages are harder to prove than other personal injury damages, so the high level of litigation experience at Sarah Steinbaum PA is especially useful in these challenging cases.
Seeking the Full Amount of Damages in Florida Personal Injury Matters
Injury victims wouldn’t need a lawyer to help them with their claim if insurance companies admitted fault and paid the full amount of what they owe. This rarely, if ever, happens, however. Instead, the insurance companies try to pin the blame for the accident on other parties, including the injury victim, or they dispute how much damage the accident really caused. We go to work from the start gathering evidence that proves the other party’s liability and fault, and we take the steps necessary to prove the full value of your claim to the insurance company or jury.
It’s important to know that even if you are considered partly at fault for causing the accident, you can still recover compensation from the other party for their share of the blame. Deciding how much fault each party bears is a matter for discussion or litigation. Ultimately a jury will apportion fault if the case goes to trial. Our job as your attorney includes proving the full extent of the other party’s fault while keeping you from being unfairly saddled with a portion of responsibility for the accident that does not belong to you.
Contact Sarah Steinbaum PA Today – No Fee Unless We Win
Sarah Steinbaum PA takes personal injury cases on a contingency fee basis. We advance all costs of litigation so you don’t pay a penny upfront. We only charge a fee after we are successful in your case, and if we can’t get compensation for you, then we don’t charge any fee. Our fees are a percentage of the amount we recover for you. In a contingency fee structure, our firm is highly incentivized to win your case and get as much as we can for you, as it benefits us as well. At the same time, you do not bear any financial risk for having us pursue your case. Contingency fees allow any injury victim to get great legal representation regardless of their ability to afford a lawyer. We are happy to be able to provide this service to our clients at Sarah Steinbaum PA.
If you or a loved one has been injured by the negligence of another in Miami, Broward, or Palm Beach counties, or anywhere in South Florida or statewide, call Sarah Steinbaum PA for a free consultation and immediate assistance.