Personal Injury Cases that I Handle
South Florida is a beautiful and exciting place to live, but it can also be a hotbed for accidents. The rat race in and out of Miami every day creates a perfect storm for car, truck and motorcycle accidents. Migration of retirees to the South Florida area leads to a rising population of nursing home residents. Nursing home abuse is commonplace where workers are often overworked and underpaid. It is also common knowledge that Florida is no stranger to hurricanes and all of the destruction that comes with them. It is important for people who experience injuries in an accident to know that they have a skilled and experienced attorney on their side. At a time when it feels like everything in your life is chaos that you can place your legal battles in the hands of an attorney you trust. If you were injured as a result of a car crash, medical malpractice, nursing home abuse, or slip and fall you may be entitled to compensation for your injuries. The Law Offices of Prosper Shaked is ready to fight tirelessly for your legal rights if an accident has turned your life upside down by a personal injury accident. Call the office today at (305) 690-0244 for a free consultation.
Common Claims That Warrant Recovery
Personal injury law encompasses a wide range of cases and scenarios that give rise to claims for damages. Some common causes of action that personal injury attorney Prosper Shaked handles:
- Bicycle accidents
- Birth Injuries
- Bus accidents
- Boating accidents
- Car accidents, truck accidents, van accidents, and motorcycle collisions
- Construction accidents
- Cruise ship and maritime
- Hotel and resort claims
- Hospital negligence
- Medical malpractice
- Misdiagnosis and failure to diagnose
- Negligent security
- Nursing home abuse
- Product liability
- Premises liability
- Pharmaceutical injuries
- Slip and falls
- Spinal cord injuries
- Surgical injuries
- Tire defects
- Uber/Lyft accidents
- Workplace accidents
- Wrongful death
This list is not exhaustive as each of these types of personal injury has subcategories or is referred to by other distinctions. If you are unsure of whether or not your injury falls under this list, call our offices today.
What Types of Damages Are You Entitled to After Being Injured?
If you have been injured in a personal injury accident, there are two types of damages that might be available to you: compensatory and punitive damages. The purpose of compensatory damages is the make the plaintiff “whole”. Compensatory damages are further divided into two subcategories: monetary and non-monetary. Monetary damages include losses such as:
- Present and future earnings
- Present and future medical costs
- Property damage
- Vocational rehabilitation
- Household services
- Wrongful death damages
- Any other calculable and foreseeable economic loss as a result of the accident
Victims can also recover nonmonetary damages although these are more difficult to calculate. Some examples of nonmonetary damages a plaintiff can collect may include:
- Loss of consortium
- Pain and suffering
- Loss of enjoyment
- Emotional distress
In some cases where a court finds the defendant’s conduct to be particularly egregious and outrageous, a court will award punitive damages to the injured person. The purpose behind punitive damages is to essentially “throw the book” at the defendant so as to deter people from committing similar acts in the future. Many states put a cap on the amount of punitive damages that may be awarded in a personal injury case. In most personal injury cases, courts in Florda will limit the amount of punitive damages to whichever is greater:
- $500,000; or
- Three times the amount of compensatory damages that are awarded
What Do I Need to Prove In Order to Collect Damages For My Injuries?
The majority of personal injury causes of action are centered around a negligence theory. To prove negligence in a personal injury case, the injured party must show three factors existed:
- The responsible party owed a duty to the injured party;
- The responsible party breached the duty owed to the injured party; and
- As a result of the breach, the injured party suffered damages.
The State of Florida is a Pure Comparative Fault jurisdiction. This means that an individual’s percentage of fault will reduce his or her recovery by that percentage. Even if a party is 99% at fault for an accident, he or she will still be able to recover 1% of damages for injuries sustained. Thus, if your damages total $100,000 and you are 99% at fault, you will still be able to recover $1,000 for your injuries.
If you or someone you love was injured in an accident in the greater Miami and South Florida areas, call the Law Offices of Prosper Shaked today. When you have been injured in an accident and are swimming in medical bills and insurance forms, it is important to have an attorney on your side who will walk you through the litigation process and see it through until you get the compensation you deserve. Call the Law Offices of Prosper Shaked at (305) 690-0244 today for a free consultation.