Miami Personal Injury FAQs
What qualifies as a personal injury when it comes to the law?
A personal injury is any harm that has come to you or a loved one due to the recklessness or carelessness of another party. If the injury is only emotional, not physical, it can still be devastating and be subject to compensation. If you aren’t sure if your personal injury would qualify you to file a lawsuit, a Miami personal injury lawyer can help you make a decision.
What types of personal injury cases do you take?
At Gilbert and Smallman, we handle all types of personal injury cases, including, but not limited to, all of the practice areas listed on our website. If you aren’t sure if you have a case, call us; a Miami personal injury attorney from our firm will be glad to help.
What are contingency fees?
This is a way for you to pay your lawyer without having to reach into your wallet before the case starts. When you pay with a contingency fee, you agree to pay your lawyer a set portion of your winnings if you receive a settlement or judgment in your case. If you do not win your case, you pay nothing.
The insurance company has been helpful so far. Do I really need a lawyer?
Legally, you can handle the claim directly with the company without ever speaking to an attorney. When you do this though, you are liable to end up with significantly less than if you hire a Miami personal injury lawyer to represent you.
What is a statute of limitations?
This is a legal term for the amount of time you have to sue someone after you realize you have been wronged. Each type of claim has a different statute of limitations and in certain cases, you may not have realized that you were wronged until long after the event, which means you may still be eligible to sue. Your attorney can tell you if your case has fallen outside the statute of limitations or not.
I was told I can sue because I took an assumption of risk, is that true?
An assumption of risk occurs when you know something is dangerous, but you chose to do it anyway. For example, if you were riding an ATV on highly uneven terrain, the company may not be responsible for an accident if a reasonable person would have recognized the risk of the action. On the other hand, if the accident only occurred because the ATV’s brakes failed, then this product liability issue may still be their fault. Your Miami personal injury attorney can help you understand whether or not you had assumed full responsibility for your actions before an injury.