Frequently Asked Questions

A personal injury attorney brings a legal claim on your behalf. If you’re in an accident, they are your representative in court and throughout the claims process. They can speak for you in court, contact witnesses, secure evidence and do all of the things you need to make your case.

An experienced personal injury lawyer uses strong legal skills to create a strategy for the client. The attorney not only handles the case logistics but also uses their experience to determine the best possible way to pursue justice. They will fight for the maximum compensation under the law.

Our dedicated personal injury attorneys represent accident victims who need help claiming compensation for their injuries and suffering. We have experience handling these types of cases:

  • Car accidents
  • Semi-truck accidents
  • Bicycle, pedestrian and motorcycle accidents
  • Slip and fall accidents
  • Workplace injuries
  • Medical malpractice
  • Dangerous products
  • Premises liability
  • Wrongful death
  • Intentional personal injuries (assault and battery)
  • Dog and other animal bites

Any personal injury accident that occurs because of the actions of others may qualify for a legal claim. The accident doesn’t have to be the result of an intentional act. Negligence may be the basis for a personal injury claim.

To know if you have a personal injury claim, look at whether you can prove every element or part of the case, including:

  1. Negligence or an Intentional Act – A personal injury case starts when someone takes an unreasonably careless action. The action must fall below the level of conduct based on the minimum standards of an ordinary, reasonable person. Violating traffic laws or drunk driving is unreasonable when it comes to car accidents, for example. Intentional acts, like assault and battery, can also be the basis of a claim.
  2. Existence of a Duty – The other party must have a duty towards the victim that requires them to avoid acting negligently. Generally, a property owner has a duty to guests. A business has a duty to operate with due regard for safety. When a duty exists, negligence can be the basis for a claim.
  3. Cause of an Accident – To have a personal injury case, negligence must be the cause of an accident. There can be multiple underlying causes of an accident, but the defendant’s negligence must be why the victim has a personal injury claim.
  4. Damages – Finally, to have a legal case, the victim must suffer damages because of the accident. Damages may include all of the things that stem from being in a personal injury accident, including medical bills, lost income, pain and suffering, property damage and more.

Here are the types of damages that you can claim in a personal injury lawsuit:

  • Emergency medical bills
  • Doctor’s bills
  • Nursing care
  • Mental health treatment
  • Physical therapy
  • Pain and suffering
  • Emotional distress
  • Property damages
  • Damages for changed lifestyle and personal limitations
  • Compensation for scars and disfigurement

Bringing a successful personal injury claim means ensuring that the claim represents the full value of the victim’s damages. Too many victims sell themselves short and leave out types of damages that can significantly increase the personal injury settlement. Our Miami personal injury attorneys ensure that your claim is thorough and fully representative of the economic and non-economic damages that you’ve suffered.

Here are some situations in which you’re likely to need a personal injury attorney:

  • You have serious injuries or a severe illness
  • You’re not sure how bad your injuries might be in the future
  • There are limitations in your ability to work
  • It’s unclear who has legal fault for the accident
  • There are questions about the link between the accident and injuries
  • The insurance company denies your claim
  • There is significant property damage
  • Damages aren’t immediately obvious or difficult to value
  • Going through the legal system sounds daunting or frustrating

After an accident, you may feel stressed and overwhelmed. Filing a claim can be confusing for those who don’t have experience in the legal field. You don’t have to go it alone. The personal injury attorneys at Bernstein & Maryanoff Injury Attorneys want to support you every step of the way.

Choosing the right representation can help you get the maximum compensation for your claim. Here are some qualities to look for in a personal injury attorney:

  • Commitment – Success for a client doesn’t happen by chance. Our team of Miami personal injury lawyers goes the extra mile to build a strong case.
  • Teamwork – It’s not enough for us just to file paperwork. Instead, we work with you as a team. We get to know you and personally craft the best possible strategy to pursue the case.
  • Experience – Handling personal injury cases day in and day out is what we do. Through diligent practice helping victims, we’ve learned what it takes to get results for our clients. We know the local courts, court procedures and the details that can make the difference. Our training and experience set us apart.
  • Compassion – Our attorneys believe that all victims should have quality legal representation and be treated with dignity and respect. We’re here to be your guide and advocate when you need help. This philosophy drives us to go further each day for our clients.

The best time to contact a personal injury lawyer is right away when you believe you may have a case. The lawyer can get to work, preserving valuable evidence and building a strong case. Some Florida statutes of limitations apply to certain cases, so it’s always best to speak to an attorney as soon as you can.

Car Accident Claims FAQ

Car Accident Claims FAQ Filing a car accident claim? Read on for the answers to some of the most common questions. Q: Can I recover even if the accident was my fault? A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider…
Read More Car Accident Claims FAQ

Personal Injury Lawyer FAQ

Personal Injury Lawyer FAQ Personal Injury Lawyer FAQ The Bernstein & Maryanoff Injury Attorneys team is a group of legal professionals who represent accident victims. Whatever your type of injury case, our lawyers in Miami are prepared to fight for you. Our team can represent you in your claim for compensation, whether you’re the victim…
Read More Personal Injury Lawyer FAQ

Slip & Fall Accident Claims FAQ

Slip & Fall Accident Claims FAQ When you’re hurt in a slip and fall accident, you have questions. You want to know whether you can bring a case and what you can recover for your damages. It’s important to educate yourself about the law when a slip and fall occurs. When you learn the slip…
Read More Slip & Fall Accident Claims FAQ

Traumatic Brain Injury FAQ

Traumatic Brain Injury FAQ Q: How do you prove the existence of a brain injury? A: There is a variety of ways in which medical and psychological professionals diagnose brain injuries. The method will depend on the nature and extent of the injury. Some examples of diagnostic tools are MRIs, CT scans, PET scans and…
Read More Traumatic Brain Injury FAQ

Legal Malpractice Claims FAQ

Legal Malpractice Claims FAQ Q: My lawyer originally said my case was worth over six figures, and now she’s telling me I should settle for a few thousand dollars. Can I sue her for the difference? A: No. Your lawyer may have given you an inflated estimate of the value of your case to encourage you…
Read More Legal Malpractice Claims FAQ

Sexual Abuse & Assault Claims FAQ

Sexual Abuse & Assault Claims FAQ Q: What is sexual assault? A: Sexual assault is generally conduct of a sexual nature toward another person that is accompanied by actual or threatened physical force or that causes fear, shame, or mental suffering. Q: Who can I sue for injuries from a sexual assault? A: If you…
Read More Sexual Abuse & Assault Claims FAQ
NO FEES UNLESS WE WIN

Protecting Your Rights Since 1983

Bernstein & Maryanoff Injury Attorneys do their best to make sure you get the maximum compensation for your injuries. Please call us before you speak to an insurance company.

Call Now for a Free Consultation

1 (800) 429-4529

Hablamos Español

CONTACT US FOR YOUR

Free Case Review

NO FEES UNLESS WE WIN