Miami Lakes Personal Injury Lawyer 

Fighting For Injury Victims in Broward County & Miami County

Suffering an injury comes with considerable physical, emotional, and financial challenges. When that injury occurs because someone else was at fault, you have the right to be compensated. However, whether or not you receive that compensation—and whether it is for a fair and just amount—may depend on the quality of your attorney. 

The personal injury lawyer at our Miami Lakes office has over 12 years of experience. Furthermore, Steszewski Law boasts a team of dedicated paralegals, enabling us to provide comprehensive and diligent representation for our clients. This depth of experience and support is often vital in navigating the complexities of personal injury cases. 

Contact our office by calling (888) 342-6840 or by using our online contact form to schedule a free consultation with our personal injury attorney in Miami Lakes.

Personal Injury Cases We Handle

We can assist you by:

• Car Accidents: Car accidents can have devastating impacts on individuals and families. Whether it’s a minor collision or a serious crash, the aftermath can leave victims facing medical bills, lost wages, and emotional distress. We investigate every detail of the accident, gather evidence, and work diligently to hold the responsible party liable. Our goal is to ensure you obtain fair compensation for your injuries and damages.
• Truck Accidents: Truck accidents often lead to more severe injuries because of the size and weight of commercial vehicles. These cases can be very complex, involving multiple parties like the truck driver, trucking company, and insurance providers. We have the expertise necessary to navigate these complicated cases. We can thoroughly examine the circumstances surrounding the incident, including driver logs, maintenance records, and safety compliance.
• Bicycle Accidents: Cycling is considered a popular mode of transportation and recreation in Miami Lakes, but it comes with its risks. Bicycle accidents can lead to serious injuries, often because of negligent drivers who fail to yield or respect cyclists on the road. We understand the unique challenges that come with these cases and will work tirelessly to prove liability and secure compensation for your medical expenses, lost income, and pain and suffering.

The Personal Injury Statute of Limitations for Florida

In Florida, the statute of limitations for personal injury cases is generally four years. This means that if you have been injured due to someone else's negligence or intentional actions, you have four years from the date of the injury to file a lawsuit in civil court.

In some cases, the statute of limitations may be extended if the injury was not immediately discovered. The clock may start ticking from the date the injury was discovered or reasonably should have been discovered. This is called the discovery rule. 

Other types of exceptions to this four year exist. For example:

• Medical Malpractice: Generally, the statute of limitations is two years from the date of the incident or from the date the injury was discovered (or should have been discovered), but no more than four years from the date of the incident.
• Product Liability: Also typically follows the four-year rule, but specific circumstances can vary.
• Government Entities: If your injury claim is against a government entity, there may be additional notice requirements and shorter deadlines to file a claim.
• Wrongful Death: In the case of wrongful death, the statute of limitations is two years from the date of death.

It is crucial to adhere to these deadlines because failing to file within the statute of limitations generally means losing your right to seek compensation through the courts. Consulting with a personal injury lawyer as soon as possible after an injury can help ensure that your claim is filed on time and that you understand the specific limitations and exceptions that may apply to your case. Have questions about your case? Contact our firm today!

The 4 Elements of Negligence

Negligence is at the core of every personal injury lawsuit. A plaintiff’s lawyer must show that the defendant’s actions—and the consequences that resulted—meet the legal standard for negligence. 

There are four components of negligence, and every one of them must be met for the plaintiff to secure a financial settlement. They are as follows: 

Duty of Care

The concept of duty of care forms the bedrock of establishing legal responsibility. Duty of care refers to the legal obligation one party holds to avoid causing harm to another. This involves an assessment of the relationship between the parties involved.

Duty of care examples include: 

• Car accidents and Truck Accidents: Drivers owe a duty of care to other motorists, pedestrians, and passengers to operate their vehicles in a safe and responsible manner.
• Slip and fall incidents: Property owners or managers have a duty of care to maintain a safe environment for visitors and guests, ensuring that hazards are identified and addressed promptly.
• Medical malpractice: Healthcare professionals, including doctors, nurses, and medical facilities, owe a duty of care to their patients. They must provide a standard of care consistent with professional guidelines and best practices.
• Product liability claims: Manufacturers, distributors, and retailers owe a duty of care to consumers to ensure that the products they provide are safe for their intended use, free from defects, and accompanied by clear warnings and instructions.

Breach of Duty

Presuming duty of care exists, a breach of that duty occurs when an individual or entity fails to uphold the level of care that a reasonably prudent person would exercise in similar circumstances. 

To establish a breach of duty, it's essential to assess the specific obligations and responsibilities that apply to the circumstances at hand. This often requires a careful examination of relevant laws, regulations, industry standards, and the specific actions or inactions of the party in question. 

Here are five common examples of breach of duty in personal injury cases:

• Failure to follow traffic laws: A driver breaches their duty of care by speeding, running a red light, or driving under the influence.
• Negligent property maintenance: Property owners breach their duty by failing to address known hazards such as slippery floors, broken steps, or inadequate lighting, leading to slip and fall accidents.
• Medical malpractice: Healthcare providers can breach their duty of care through misdiagnosis, surgical errors, medication mistakes, or inadequate patient monitoring.
• Defective products: Manufacturers breach their duty of care by releasing products with design flaws, manufacturing defects, or inadequate warnings.

Causation

Causation means that the defendant’s breach of their duty of care is, in fact, the cause of the plaintiff’s injuries. 

This involves demonstrating cause in fact or legal causation: 

• Cause in fact, often termed as "actual cause," involves showing a clear link between the defendant's conduct and the harm suffered by the plaintiff. It requires evidence that, but for the defendant's actions, the injury would not have occurred.
• Legal causation extends beyond the direct physical cause and considers whether your injuries were a reasonably foreseeable consequence of the defendant’s conduct. 

Personal injury lawsuits demand a thorough presentation of evidence to establish that the defendant's actions were the cause of the plaintiff's injuries. The team at our Miami Lakes office can work on evidence gathering that involves medical records, expert testimony, accident reconstruction analysis, and other forms of evidence to support the relationship between the defendant's negligence and the harm suffered by the plaintiff.

Damages

Once the first three steps have been established, the final step is to show that the plaintiff suffered damages as a consequence. 

Damages can include the following: 

• Medical expenses: This includes the costs of present and future medical treatment, hospital stays, surgeries, rehabilitation, medication, and therapy directly related to the injury.
• Lost wages: Economic damages compensate for the income lost due to the injury, including wages, bonuses, and other forms of compensation that the plaintiff would have earned if not for the injury.
• Property damage: This encompasses the repair or replacement costs for any property damaged in the incident, such as vehicles in a car accident.
• Pain and suffering: Non-economic damages account for the physical discomfort, emotional distress, and mental anguish experienced by the plaintiff as a result of the injury.
• Loss of consortium: These damages compensate for the negative impact of the injury on the plaintiff's relationships with their spouse, including loss of companionship, affection, and intimacy.
• Punitive damages: These are designed to send a message that certain actions will not be tolerated within society. Punitive damages are rare and are limited to 3x the total amount of everything else, and capped at $500,000. 

Modified Comparative Negligence in Florida

Once the final damage total is added up, it is distributed based on modified comparative negligence. Under this system, the degree of fault is distributed among all parties involved in an accident. If a defendant is deemed 80% at fault for the accident, the plaintiff can collect 80% of the damages. 

However, there is a crucial threshold to consider--if the plaintiff's level of fault exceeds 50%, they are barred from recovering any damages. 

Florida's adoption of the modified comparative negligence rule has shifted the legal landscape by emphasizing shared responsibility for accidents and injuries. This legal framework underscores the significance of determining each party's degree of fault in a personal injury case—and why it’s important to have an attorney who will literally fight for every last percentage point. 

How Our Personal Injury Attorney Can Help You

We can assist you by:

• Comprehensive Case Evaluation: We start with a comprehensive evaluation of your case. This often includes discussing the details of your injury, reviewing medical records, and assessing any evidence that is related to the incident. Our goal is to gain a complete understanding of your situation to provide tailored legal advice.
• Evidence Gathering and Investigation: Building a strong claim requires collecting evidence that supports your claim. We conduct comprehensive investigations, which may include gathering police reports, eyewitness statements, and accident scene photos. We also collaborate with expert witnesses, like medical professionals and accident reconstruction specialists, to support your claim.
• Negotiation with Insurance Companies: Insurance companies often seek to minimize payouts, which can be frustrating for injury victims. We are skilled in negotiating with insurance adjusters to ensure you receive a fair settlement.
• Litigation Support: If a fair settlement cannot be met, we are prepared to take your case to court. We will present a compelling case to the judge and jury, advocating for your legal rights and pursuing maximum compensation for your injuries.
• Personalized Attention and Support: At Steszewski Law, we believe in providing personalized attention to each client. We take the time to listen to all of your concerns, answer your questions, and keep you informed throughout the legal process.

Contact Our Personal Injury Attorney in Miami Lakes Today

At Steszewski Law, we operate on a contingency fee basis, meaning our clients only pay legal fees if we successfully secure compensation on their behalf. Furthermore, we offer a free consultation, including virtual meetings, to discuss the specifics of each case and provide personalized guidance. We are committed to transparency, advocacy, and client-centered representation. 

We offer a free consultation, including virtual meetings, to discuss the specifics of each case and provide personalized guidance. Call (888) 342-6840 today to get started with our Miami Lakes personal injury lawyer.