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What is a Personal Injury Claim?

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.

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.

Below is a list of some of the personal injury claims that our accident attorneys handle:

For more information on these claims and the companies we sue, see our Miami Personal Injury Lawyers page.

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.

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: 

  • Hand, Wrist, Arm & Shoulder Injuries
    Hand, wrist, arm and shoulder injuries are often very painful and can prevent you from working and performing your usual activities. Injuries to these parts of the body can lead to fractures, dislocated joints, nerve, muscle and ligament damage, carpal tunnel syndrome, and other problems. Some of the most common cause of hand, wrist, arm and shoulder injuries include motor vehicle crashes, slip and falls, and workplace accidents. If you have suffered a debilitating injury caused by the negligence of another, you need an experienced Miami personal injury lawyer on your side. Our attorneys know how to handle these types of claims and hold the responsible parties accountable for your injuries.
  • Foot, Ankle, Knee, Leg & Hip Injuries
    While injuries involving the foot, ankle, knee, leg and hip are common, these injuries can interfere with your job and other daily life activities. If your injury was caused by someone else’s carelessness or negligence, you may be able to recover financial compensation. This compensation may include past, present and future medical bills, lost wages, pain and suffering and other damages. The attorneys at our firm have decades of collective experience handling all types of accident and injury cases, including foot, ankle, knee, leg and hip injuries. We are ready to review your situation and will identify all potential sources of recovery in your case.
  • Spinal Cord Injuries & Paralysis Accidents
    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 & Cerebral Hypoxia Brain Injuries
    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 & Scald Injuries
    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 & Limb Loss
    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 Attack & Stroke
    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.
  • Medical Malpractice
    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.
  • Inhalation, Poisonous Gases & Substances Accidents
    Inhalation injuries can be caused by a wide range of agents and substances. These injuries are typically classified into two primary categories: (1) injuries attributable to carbon monoxide and other asphyxiates; and (2) local injuries caused by steam or toxins. While symptoms and problems often manifest immediately after the agent is inhaled, injuries involving certain substances such as asbestosis and benzene poisoning may not appear for many years. In the maritime industry, inhalation and poisonous gas/substance accidents are a common occurrence. Seamen and longshore/harbor workers can suffer severe injuries or even death when they are exposed to poisonous agents and gases in confined spaces that are not properly ventilated. If you or someone you care about has suffered an injury or death in an inhalation, poisonous gas or substance accident, a Miami personal injury lawyer at our firm can help. We will explain your legal rights and work with you to develop a course of action designed to help you obtain the financial compensation you are legally entitled to receive.
  • 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.

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.

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).

In fact, since deciding to represent only individuals, the firm’s recoveries exceed 60 million dollars in the last several years alone*. Every personal injury case is different. Results will vary depending upon the facts of your case, governing law and injuries suffered. These important issues aside, your choice of a law firm experienced in the highly specialized field of personal injury law will likely have the single greatest impact on the financial outcome of your claim.

WE FOUGHT ON THEIR BEHALF, HEAR WHAT THEY HAVE TO SAY:

Cruise Ship Crew Member Injury

I was in pain for a good 6 months, it was just a nightmare…It wasn’t until I got Mr. Brais that I really started getting the help I needed from the doctors. You need somebody you can trust, somebody to give you some guidance. They stuck in there with me the whole way.

Client

Tug & Barge Crew Member Death

I just thought he [Mr. Brais] was the man to do it. I felt comfortable with him being by my side. The pain my family has suffered has been immeasurable, but he was there with me. It’s not just him, it’s his team also. Keith really stood up for my son. I know I made the best choice.

Client

Resort Guest Injury

As we worked with Keith, I realized what would have happened had we just selected an attorney in town…I realized that the outcome would have been probably entirely different, and not as successful as it was. I felt very comfortable going through with the whole process. I would say Keith is a superhero.

Client

MEET THE TEAM

Keith S. Brais - Maritime Attorney

Keith S. Brais

Having graduated with a B.S. degree in Marine Engineering from Massachusetts Maritime Academy, acquired three U.S. Coast Guard licenses and worked on offshore oil drilling platforms for more than seven years, Keith Brais brings an uncommon degree of real world experience to his clients’ personal injury and wrongful death claims.

Eliot T. Brais - Maritime attorney

Eliot T. Brais

Eliot T. Brais is the sole and managing shareholder in his North Attleboro, Massachusetts office. He began his law career in 1988, joining his father, Ronald A. Brais, who had enjoyed a 40 year practice primarily concentrating on estate planning and small business law.

Michelle Y. Gurian - Maritime attorney

Michelle Y. Gurian

Michelle has concentrated in the area of plaintiffs’ civil trial practice since the beginning of her legal career. Her experience includes land-based and admiralty/maritime personal injury, wrongful death, and class action litigation.

MILLIONS OF DOLLARS IN CLIENT RECOVERIES*

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).

In fact, since deciding to represent only individuals, the firm’s recoveries exceed 60 million dollars in the last several years alone*. Every personal injury case is different. Results will vary depending upon the facts of your case, governing law and injuries suffered. These important issues aside, your choice of a law firm experienced in the highly specialized field of personal injury law will likely have the single greatest impact on the financial outcome of your claim.

$19.9 Million

Resort Guest Lifetime
Client Payout

$9.8 Million

Premises Liability Resort Guest

$6.8 Million

Premises Liability Lifetime Client Payout

$6.6 Million

PWC / WaveRunner Personal Injury

$2.9 Million

Premises Liability – Unsafe Property

$2.2 Million

Negligent Security Sexual Assault

Confidential Settlement

Negligent Security & Unsafe Property

$1.29 Million

Premises Liability – Unsafe Property

Confidential Settlement

Premises Liability – Unsafe Property

Confidential Settlement

Premises Liability – Unsafe Property

$750,000

Resort Guest Personal Injury

$500,000

Premises Liability – Unsafe
Property

Practice Areas

WHY CLIENTS HIRE US

Over 70 Years & 100 Trials of Collective Experience

Over 70 Years & 100 Trials of Collective Experience

The attorneys within and “of counsel” to our firm have more than 70 years and 100 trials of collective experience trying cases before judges and juries.

Board Certified Expert in Maritime & Admiralty Law

Board Certified Expert in Maritime & Admiralty Law

Keith Brais is among a select number of attorneys who have achieved board certification in maritime law by the Florida Bar.

Protecting Rights and Restoring Lives

“Protecting Rights and Restoring Lives”

Our mission statement is “Protecting Rights and Restoring Lives.” These are not merely words. We have the experience to protect your rights, the compassion to serve your needs and the skill to obtain the compensation you deserve.

Award Winning Legal Team

Award Winning Legal Team

The members of our legal team have received numerous awards and accolades throughout the course ion their careers, including being “AV Preeminent rated with Martindale Hubbell and named as members of both Super Lawyers and Legal Elite.

Real World Experience in the Maritime Industry

Real World Experience in the Maritime Industry

Keith Brais graduated from the Massachusetts Maritime Academy with a B.S. degree in marine engineering. Over his seven plus years working aboard ships and offshore oil rigs, he acquired three U.S. Coast Guard Licenses.
(now inactive).

First-Hand Knowledge of Opposition

First-Hand Knowledge of Opposition

The attorneys at our firm represented maritime employers, cruise lines, insurance companies and other major players in the maritime industry for nearly 20 years. These “blue chip” marine employers and insurers can and do hire only the best available attorneys. The attorneys with Brais Law Firm now put their expertise and experience to fight for the rights of the individuals who have suffered serious personal injury or wrongful death of a loved one.

Exclusively Representing Injured Individuals

Exclusively Representing Injured Individuals

At Brais Law Firm we focus our efforts on helping individuals, not insurance companies, cruise lines, corporations or marine employers. Our firm is here to help you and your family.

Track Record of Success

Track Record of Success

Every maritime injury and cruise ship accident lawyer at our firm is focused on getting individuals the compensation they deserve. In the last several years alone, we have proudly secure more than 60 million dollars for our clients.

Member of the Multi-Million Dollar Advocates Forum

Member of the Multi-Million Dollar Advocates Forum

Partner Keith Brans is a member of the Multi-Million Dollar Advocates Forum. Fewer than 1% of U.S. lawyers are members of this prestigious group of trial lawyers.

I highly recommend Brais Law Firm. Their professionalism and expertise were top notch. My slip and fall injury case involved a well known cruise ship and was nerve racking to me. They calmed all my fears and walked me through step by step. In the end they helped me obtain a favorable recovery. Look no further, call them with your Maritime case!!!

P.C.

I was in an accident where I was struck by a boat and boat propeller. The Brais Law Firm represented me in a very professional manner. I am very satisfied with the service and support I received from the firm and happy with the results they achieved. I recommend Keith Brais and his firm to anyone needing representation related to a maritime personal injury.

M.C.