Dedicated Miami Lawyers Asserting the Rights of Accident Victims
In a densely populated state like Florida, there are many situations in which someone may fall victim to another person’s or entity’s carelessness. Whether it is a truck crash, a slip and fall, or another instance in which someone failed to put safety first, these incidents can be devastating for you and your family. At the Acosta Law Firm, our Miami attorneys have helped victims of car accidents and other preventable events bring a personal injury claim to seek the compensation that they deserve and try to get back on their feet. Our lead attorney, Julio C. Acosta, formerly worked for insurance companies, which gives him useful insights into how the defense may respond to a case. We stand by our clients at each step of the way and treat them with the personal attention and compassion that they deserve.
Seeking Damages through a Negligence Claim
Personal injury lawsuits generally are based on a legal theory known as negligence. In order to receive compensation, the plaintiff must show that the defendant acted negligently and that this negligence was the direct cause of his or her harm.
Negligence is a broad standard that encompasses a wide variety of factual scenarios. In the context of a car accident, for example, determining liability will involve considering whether the defendant was operating his or her vehicle with the same level of care that a reasonably prudent driver would use. Types of behavior that may fall short of this standard include texting while driving, getting behind the wheel while intoxicated, or violating any traffic rule.
Florida law also requires property owners to properly maintain their premises and to warn their visitors about any conditions that may pose a threat to their safety, as long as the property owner reasonably should be aware of them. Grocery stores and restaurants are among the most common locations where slip and fall accidents may occur. If a supermarket operator allows produce to spill on the floor and fails to clean it up in an appropriate timeframe, for instance, the storeowner likely will be liable for any injuries that a customer sustains as a result of the spill.
The remaining elements of a negligence case involve proving that the accident occurred as a result of the defendant’s breach of the duty of care. In some personal injury claims, the defendant may attempt to argue that the victim would have suffered the harm even if the defendant had acted with the appropriate care. It is important to consult experienced expert witnesses, like an accident reconstructionist, to help you show the causal connection between the defendant’s breach and your injuries. Finally, you must identify quantifiable damages that resulted from the accident, which often include medical expenses, lost wages, pain and suffering, and property damage.
Explore Your Options with an Injury Attorney in the Miami Area
If you or someone you love has been hurt as the result of another party’s negligence, you may have the right to take legal action. At the Acosta Law Firm, our Miami lawyers can bring premises liability or motor vehicle collision claims on behalf of victims throughout South Florida. We proudly serve residents of cities such as Fort Lauderdale, Pembroke Pines, Coral Gables, West Palm Beach, Homestead, Kendall, Doral, Key Largo, and Key West, as well as other areas of Broward, Palm Beach, Miami-Dade, and Monroe Counties. Call us at 305-858-8880 or contact us online to set up a free consultation.