The Schiller Kessler Group

A serious injury can have a long-lasting effect on your life. Beyond the physical pain inflicted by an accident, the cost of treatment can be overwhelming. If someone else caused your injuries, you might be eligible for compensation. 

An experienced Miami personal injury lawyer could help you recover the money you need. At The Schiller Kessler Group, we pride ourselves on our record of helping personal injury victims recover the compensation they need after accidents. Learn more about how we can help during a free case evaluation and contact us by phone or through our online contact form to get started today.

Miami Personal Injury Cases We Handle

Our personal injury team handles a wide array of cases, employing years of experience and a proven track record of success. We are dedicated to advocating for the rights of our clients and securing the compensation they deserve. Our personal injury law firm in Miami takes on:

Regardless of the exact nature of your injury, our dedicated team is committed. We provide personalized legal representation tailored to your circumstances. We stand by our clients, working tirelessly to achieve favorable outcomes in their personal injury claims.

Accident Survivors Demand Justice for Catastrophic Injuries 

The injuries victims endure following a serious accident can be devastating. The extent of your injuries will have an impact on how much compensation you can be awarded in your claim. Some of the most common injuries our clients have reported over the years include:

It is important to note that you do not need to suffer a life-threatening injury to pursue a personal injury claim. If your injuries or the accident that caused them have had a substantial effect on your life in any way, whether that be physically, psychologically, emotionally, or financially, you can hold the liable party accountable through a civil lawsuit. You can find out whether you have grounds for a legal claim when you contact a highly experienced car accident lawyer in Miami with The Schiller Kessler Group for a free consultation.

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Available Compensation in a Personal Injury Claim

When evaluating a personal injury claim, it is essential to understand the various components that contribute to the total settlement or court award. The law gives you the right to be made whole under Chapter 768 Section 768.042 of the Florida tort statutes. The breakdown typically involves:

The above list of potential damages includes both economic and non-economic losses. These damages are the ones you could be entitled to as part of your personal injury lawsuit. Understanding the available compensation is essential for both plaintiffs and their legal representation when negotiating a settlement.  

Punitive Damages in Miami Personal Injury Claims

You may also wonder whether punitive damages could apply in your case. While an award for punitive damages could significantly increase your settlement, they are not awarded as frequently as you may have thought. This is because, under Chapter 768 Section 72 of the Florida Statutes, punitive damages can only be awarded if the defendant’s conduct meets the criteria.

Generally, this means defendants must have been either grossly negligent or intended for the victim to suffer severe bodily injury or death for punitive damages to apply. For example, if you were seriously injured after being hit by a drunk driver who has several DUI convictions on their criminal record, the Florida civil court system in Miami (LINK) may decide punitive damages are appropriate. However, if you were injured in a work-related incident after accidentally falling from a scaffold, punitive damages may not apply.

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Compensation for Wrongful Death Survivors

If your loved one tragically succumbs to a catastrophic injury, you deserve justice. Available damages in a wrongful death claim may include loss of consortium, lost services, guardianship, treatment costs, and funeral expenses, according to Fla. Stat. §768.21. Florida law allows certain family members to seek damages after the wrongful death of a loved one according to Fla. Stat. §768.20.

While nothing can truly compensate you for the loss of a loved one, the verdict in a wrongful death case seeks to address the financial hardships incurred due to the deceased person’s passing. Those identified as co-owners of a decedent’s estate may be able to seek compensation for funeral and medical expenses they have paid or are obligated to pay. This underscores the importance of legal representation after an accident.

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How an Experienced Attorney Can Help You After an Injury

You can expect your legal team to take various actions to recover fair compensation on your behalf. We will handle every element of your personal injury lawsuit or insurance claim. You can expect us to help by taking the following actions:

If you suffered an injury due to the negligent or intentional actions of another party, a personal injury lawyer in Miami could help you recover the compensation you need to move forward. After you secure the services of a personal injury advocate with The Schiller Kessler Group, we can handle every aspect of your case. This allows you to free up your time to focus on your health and well-being.

Why Choosing Our Personal Injury Law Firm Is the Right Choice for Your Claim

At The Schiller Kessler Group, we understand the challenges life presents after an accident. Our dedicated team has assisted thousands of individuals throughout the state in securing compensation for injuries caused by negligence. Here are a few of the ways our law firm stands out:

We have seven conveniently located offices throughout Florida. Our personal injury and wrongful death law firm is ready to provide the aggressive legal assistance you need. Trust us to be your advocates in pursuing fair compensation after an accident.

Our Personal Injury Law Office Works on a Contingency Fee Basis

When you hire The Schiller Kessler Group, you will not have to worry about whether or not you can afford our services. One of the main reasons for this is that we work on a contingency fee basis. That means we only get paid if we recover compensation for you. 

If you do not collect damages, we will not collect a fee. If we succeed in getting you money for your injury or the death of your loved one, we will collect our fee at the end of your case. We do not ask for a retainer fee or charge an hourly rate like many other types of law firms. Instead, the fee we receive is assessed as a set percentage of the compensation you recover from the liable party.

This fee is paid directly out of the settlement or court-ordered payout you collect, meaning you will never pay any money out of your own pocket. This fee structure means you can be confident that your Miami personal injury attorney will work hard to recover as much compensation as possible. Additionally, it means that all injury victims can afford a legal advocate when they need one the most.

Establishing Negligence in a Miami Personal Injury Case

In Miami, proving negligence is critical when pursuing a personal injury case. This is because the burden of proof is based on a preponderance of the evidence under Fla. Stat. §766.202(4). The process involves demonstrating four fundamental elements:

In Miami personal injury cases, meeting the above criteria is essential for a successful claim. Seeking legal counsel and presenting evidence that clearly establishes negligence strengthens the case. Doing so could increase the likelihood of receiving the compensation you deserve.

Florida Is Now a Comparative Negligence State

In 2023, Florida shifted from being a pure negligence state to using a comparative negligence rule instead under Fla. Stat. §768.81. While this change does not affect all personal injury cases, it can have a dramatic effect when a plaintiff shares responsibility for an accident.

Under the previous rules, anyone injured in an accident could potentially recover compensation from another involved party as long as the injury victim was not 100% to blame. 

However, under the new regulations, plaintiffs are barred from claiming damages if their level of fault is above the 50% mark.

Your percentage of fault will lower the amount of compensation you are eligible to receive. For example, if you are found to be 30% responsible for your accident and your case is worth $100,000, you can only collect $70,000. 

Be Sure to File Your Lawsuit Before Time Runs Out

In the same legislation that changed their negligence laws, Florida also altered their personal injury statute of limitations. The timeframe for filing a legal claim has been reduced from four years to two years with the passing of Florida House Bill 837. If you do not submit the necessary paperwork within this period, you may be unable to collect damages.

The best way to determine the amount of time you have is by hiring an experienced personal injury lawyer as soon as possible after your accident. Your legal advocate will review the details of your case to determine whether any special circumstances apply and ensure that all the required paperwork is filed on time.

Miami Personal Injury FAQ

How Much do Personal Injury Lawyers Charge in Florida?

In many cases, when personal injury law firms work for their clients on contingency, when the case is successful, legal advocates will be entitled to anywhere between 25% and 40% of their client’s payouts. The rules for how these fees work can be found under Fla. Stat. §16.0155. Your personal injury attorney in Miami with The Schiller Kessler group will carefully consider a variety of factors when determining our fee for taking on your case.

When Should I Hire a Personal Injury Lawyer in Florida?

It is not uncommon for injury victims to be unsure whether they should hire a personal injury attorney for help. Recognizing when it is in your best interests to get a legal representative on your side is half the battle. Here are some instances in which it may be well advised to hire a personal injury law firm:

How Long does It Take to Settle a Personal Injury Case in Florida?

There are many factors that will determine how long it takes a personal injury case to settle. When there is an abundance of evidence, and everything seems to fall into place easily, personal injury lawsuits can be settled in as few as several months.

However, when there are multiple involved parties, evidence is more difficult to uncover, there are questions of shared blame, or the insurance company pushes back after filing a claim. It can take up to several years to resolve a personal injury case.

Generally, if the insurance company is willing to settle your claim fairly or the at-fault party is willing to compensate you for your damages in full without going to court, it will take less time to resolve your case. If insurance is not enough or the liable party is unwilling to provide fair and reasonable compensation, litigation may be your next best option. It is not unusual for personal injury lawsuits to take more than a year to finalize.

Schedule a Free Case Evaluation with a Miami Personal Injury Lawyer Today

At The Schiller Kessler Group, our team will work diligently to ensure you get the money you need from the liable party. We understand the challenges faced by injury victims and will do everything in our power to help. With a trial-tested and proven Miami personal injury attorney on your side, you have a chance to rebuild your life and escape financial ruin. 

Reach out to us today by completing our quick contact form or giving us a call, and schedule a free consultation with a member of our legal team. We will answer all your questions and advise you on your legal options. Contact us now to get started with a free case evaluation.

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