Personal Injury Law: Recourse For Those Injured

Personal injury is a term used in the legal field for an injury to a person’s body, mind, or emotional wellbeing. Personal injury law provides a legal recourse for an injured person (also known as a plaintiff when a lawsuit is filed on behalf of an injured person). A personal injury lawsuit may be filed when one person suffered a bodily injury because of another person or entity’s negligence, reckless, or sometimes even intentional conduct. Below are a few examples of situations that may lead to a personal injury claim being filed:

  • A truck driver transporting cargo on behalf of a company is tired and should pull over to a rest stop to take a nap. However, instead he decides to continue driving to meet his company’s aggressive delivery deadline, and as a result he falls asleep at the wheel and crashes into the back of an SUV of another driver. The other driver sustains severe injuries as a result of the truck driver’s negligence. 
  • A customer decides to make a trip to her local grocery store. Immediately after entering the store, she slips and falls injuring her shoulder.  The surface she stepped onto was wet because a store worker just cleaned the floor, but failed to put up a yellow “Caution Wet Floor” sign to notify patrons of the slippery surface. 
  • A passenger aboard a cruise ship is attacked and injured by a crew member who has a violent criminal history. The cruise ship failed to perform an appropriate background check on the crew member before hiring him. 

Compensation for Damages for Personal Injuries

If you have sustained a personal injury caused by the negligence, reckless, or intentional behavior of another party, you may be able to recover for a variety of different damages which may include, but are not limited to:

  • Medical bills (current and future)
  • Loss of income and future ability to earn
  • Pain and suffering
  • Loss of companionship
  • Disability
  • Funeral Expenses

In some states, punitive damages may be available where a party injured another party intentionally or because of the party’s gross negligence or recklessness behavior.

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Why Hire an Experienced Personal Injury Attorney?

An experienced personal injury attorney can help advise you of your rights and the legal remedies available. The personal injury attorneys at Brais Law Firm can advise you on the specific laws that apply to your case as well as help you obtain the compensation you may be entitled to for the injuries you sustained because of the conduct of another party. 

Sometimes personal injury litigation can require complex legal advocacy that involves negotiating with the liable party (which may include an insurance company), presenting your case at a trial, and even figuring out creative ways to recover damages for parties who do not maintain adequate insurance.

An experienced personal injury attorney at Brais Law FIrm can help you navigate through the settlement and litigation process and help you recover the compensation you deserve for the injuries you sustained.

Contact the Personal Injury Attorneys at Brais Law Firm

Contact the personal injury attorneys at Brais Law Firm for assistance with your claim today. To reach our lawyers you may click email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide or click contact us to select and complete a form for a free evaluation of your case.

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Companies We Sue

  • Ashapura Minechem Limited
  • Adventure Enterprises, Ltd.
  • Beach & Reef, Inc.
  • Brunswick Boat Group
  • Fisher Island Com. Assoc., Inc.
  • Hawks Cay Resort
  • Hilton Jet Ski Tours of Miami, Inc.
  • Marriott
  • Port of Miami
  • Sea Linkton, Inc.
  • Sea Terminal, North River, Inc.
  • Sandals
  • Sea Ray Boats
  • Starwood Hotel & Resorts
  • Walgreens
  • Yamaha Motor Corporation, USA
  • Yamaha Motor Manufacturing Corp. of America

Brais Law Firm is committed to protecting the rights of people who have been injured by someone else’s actions or neglect. Our injury and accident attorneys handle a broad range of personal injury claims for clients in Miami, South Florida, and beyond, including cases involving: 

Injuries and trauma to the spinal cord can be very serious and, in some situations, can result in permanent paralysis. Although spinal cord injuries can be caused by virtually any type of accident, these injuries most often result from car and motorcycle accidents, slip and falls, lifting, sports accidents, and medical malpractice errors. The medical care and rehabilitation services necessary to treat injuries involving the spinal cord can be extensive and long-lasting. When paralysis occurs, treatment options may be limited, and the individual may require care and assistance for the rest of his or her life. The personal injury attorneys at Brais Law Firm are committed to helping people who are suffering with spinal cord injuries and paralysis. Our attorneys take an aggressive approach in these types of cases, and we will fight to get you the compensation, medical care and support you need to take care of yourself and your family.

Traumatic brain injuries (TBI) and cerebral hypoxic-anoxic brain injuries are among the most common types of injuries to the brain. A TBI is a complex injury which usually results from a sudden and violent bump, jolt or blow to the head. While there are many kinds of events that can lead to a TBI, some of the most common causes include auto accidents, trips and falls, sporting accidents, battery, and workplace injuries. In contrast, a hypoxic-anoxic brain injury occurs when oxygen flowing to the brain is disrupted and the brain does not receive sufficient oxygen (hypoxic brain injury) or the supply of oxygen is completing cut off (anoxic brain injury). Common causes of hypoxia and/or anoxia include drownings, choking, strangling, cardiac arrest, carbon monoxide poisoning and complications associated with the administration of general anesthesia. Individuals who suffer a TBI, hypoxia, anoxia and other brain injuries often require long-term medical care and, in many cases, may never fully recover from their injuries. At Brais Law Firm we understand the tremendous challenges associated with treating injuries to the brain. Our legal team is committed to helping brain injury victims and their families get the financial compensation they need to deal with a difficult and traumatic situation.

Burn and scald injuries are some of the most painful injuries that you can suffer. Often, these injuries are long-lasting and severely disfiguring. In addition, severe burns can put a person at risk for life-threatening infections as well as permanent damage to skin, tissues and nerves. Some of the most common causes of burn and scald injuries include fires, exposure to high voltage electricity, workplace explosions, car and boating accidents, dangerous chemicals, flammable clothing and thermal sources such as steam, flames, and hot surfaces and liquids. Victims of serious burns and scalding injuries typically require long term medical care and rehabilitation. In many cases, individuals can also suffer tremendous emotional and psychological trauma. The attorneys at Brais Law Firm understand how devastating these types of injuries can be for victims and their families. If you or someone you care about has suffered a burn or scalding injury caused by someone else’s careless or reckless behavior, we will do everything we can to protect your legal rights and help you recover the financial compensation you are entitled to receive.

Amputations are more common than you may think. According to the Amputee Coalition, approximately 185,000 amputations occur in the United States each year and there are close to two million people in the U.S. living with limb loss. Amputations are traumatic and life-changing experiences. In many situations negligence and recklessness may be to blame for the amputation. For instance, many amputations are caused by car, boating and other accidents that crush or sever limbs. Workplace and industrial accidents can also result in amputations. Additionally, some amputations can be attributed to defective products and others are a direct result of medical malpractice. Beyond the obvious physical and emotional pain, many people who endure an amputation are off from work for an extended period of time and may never be able to return to the job they held before the accident. If you have suffered an amputation we can help you understand your legal rights. A Miami personal injury lawyer at our firm will carefully review your case and help you recover the monetary compensation you deserve.

Heart attacks and strokes are among the leading causes of death in the United States. Proper diagnosis and treatment of these acute cardiovascular events saves plenty of lives and prevents lifelong devasting disabilities. However, when these conditions are misdiagnosed by health care professionals and/or medical care is delayed, permanent disability or death can occur. If you or a member of your family has suffered a serious injury or died as a result of an improper diagnosis and/or treatment of a heart attack or stroke, our firm may be able to pursue monetary compensation for your losses and damages, including current and future medical bills, lost wages, pain and suffering, funeral expenses and loss of enjoyment of life and companionship.

When we are sick or injured, we trust that our doctors and other health care professionals will treat us with proper care and make us better. Unfortunately, there are times when medical professionals and medical facilities fail to exercise adequate care and diligence and patients suffer grave harm. Our attorneys know far too well that when a health care provider fails to deliver care according to accepted medical standards and practices, serious injuries and even death can occur. Medical malpractice can take many forms with some of the most common cases involving misdiagnosis, medication and surgical errors, incorrectly performed procedures, lack of informed consent and failure to attend to a patient. At Brais Law Firm our attorneys understand how complex medical malpractice cases can be, and we have the skills, resources and experience to hold negligent medical providers responsible for their actions.

  • Car Accidents

Unfortunately, car accidents happen all the time. Whether you are traveling a long distance on Miami’s crowded highways or using a lesser traveled side street for a short commute to work, you run the risk of being involved in a motor vehicle accident that can change your life in an instant. Although there are countless reasons for roadway accidents, most crashes and collisions can be attributed to drivers who are operating a motor vehicle under the influence of drugs or alcohol or are engaged in distracted driving, drowsy driving, speeding, tailgating and other reckless driving behaviors. According to statistics from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), nearly 400,000 traffic crashes took place on Florida roadways in 2017 and over 65,00 of these crashes took place in Miami-Dade County alone. Far too often these car accidents result in serious injuries to innocent drivers, passengers, cyclists and pedestrians. If you have been hurt in a car crash, our firm will explain your legal options and aggressively pursue the full compensation you deserve.

  • Trucking Accidents

The population of South Florida is growing exponentially. Miami also has a major port that serves all of Latin America. Unfortunately, our transportation infrastructure has not kept pace with our growing population and expanding trade and so more 18-wheelers barrel down our congested highways, making our streets more dangerous. Brais Law Firm focuses our practice on personal injury and wrongful death recovery. Our partners have 75 years of combined trial experience and a proven track record of reaching high-dollar figures. In the past five years, we have recovered close to $40 million for injured clients. For a more complete list of recoveries won by the firm on behalf of our clients please click “Results”. We have the technical and legal knowledge to recover the compensation you are entitled to after you have been injured or your loved one has died in a tractor-trailer crash.

  • Bus Accidents

By their very design, buses are prone to serious accidents. Top-heavy and long, drivers need substantial skills and care to keep a bus from tipping and its backend from hitting a pedestrian or motorist. Furthermore, the vehicle has abundant blind spots that can prevent a reckless driver from seeing vehicles in adjoining lanes. Speed, distraction, exhaustion or drug use compounds the already dangerous factors that contribute to accidents.

Brais Law Firm represents bus occupants, pedestrians and motorists who have been injured in bus accidents. Partner and bus accident attorney, Keith Brais, is a member of the Multi-Million Advocates Forum, an organization only open to attorneys who have won recoveries of $2 million and more.

  • Motorcycle Accidents

Whereas traffic fatalities in Florida have declined by 20 percent during the past decade, motorcycle deaths have increased by close to 90 percent. This frightening statistic highlights the dangers motorcyclists are exposed to on South Florida’s roads. Even if you ride with care, distracted, speeding, reckless and drunk motorists put you at constant risk of a serious motorcycle accident. Whereas drivers out of habit look for automobiles or trucks in their side view mirrors the possibility of a motorcyclist in a blind spot is often overlooked. Brais Law Firm has more than 75 years of combined trial experience in personal injury and wrongful death claims. Just in the past four years, our firm obtained $40 million in recoveries for our clients. We invite you to view our Results page to learn more about our recoveries. Our Miami motorcycle accident lawyers zealously pursue the maximum possible damages in your case.

Injured? It is Important to Speak with a Personal Injury Attorney as Soon as Possible

When you or a loved one are seriously injured in an accident or other event, it is critical to speak with a qualified personal injury lawyer as soon as possible. If you delay, your case could be barred by the statute of limitations. In Florida, the statute of limitations to bring a personal injury lawsuit is generally four years from the date of injury. This means that if you fail to file your personal injury claim within the four-year time limit, you will forfeit your right to recover compensation for your injuries.

Moreover, if you are bringing an action for wrongful death, the statute of limitations in Florida is reduced to two years from the date of the death. In a medical malpractice case, you must generally file your claim within two years of the date when you discovered the error or omission (or should have discovered it) or, at the latest, four years from the actual incident of malpractice. While there are certain exceptions to the statutory deadlines, these only apply in very limited situations, so it is always best to consult with an attorney as soon as you are able to do so.

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How our Miami Personal Injury Law Firm can Help

If you or someone you care about has suffered a serious or life-changing injury, you do not need to go it alone. At Brais Law Firm we understand the obstacles you are facing, and we are here to help you overcome them. Our personal injury lawyers handle all types of injury and accident cases in the Miami area, throughout South Florida and beyond. We offer a highly skilled and aggressive legal team who will pursue maximum compensation for your injuries. Our goal is to help you get the money you need to recover and move forward with your life. You can schedule a free consultation with a Miami personal injury lawyer at our firm by calling 800-499-0551 or completing our online contact form. The attorneys with the Brais Law Firm are leaders in the field of personal injury with decades of reported cases, establishing new and favorable law, and a proven record of obtaining million and multi-million dollar recoveries (settlements and verdicts).

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