The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting The Law Offices of Herb M. Milgrim, P.A., you can receive a personal consultation regarding your specific situation.

1. What is a Personal Injury?

2. What financial compensation can I recover in a personal injury claim?

3. What should I do if I’ve been injured in a slip & fall accident?

4. How do I know if I need an attorney?

5. What is the Statute of Limitations?

6. How long will it take to settle my claim?

7. What is my lawsuit worth?

8. What should I do if I am involved in an automobile accident?

1. What is a Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Florida. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Construction/On the Job Accidents
• Dangerous or Defective Products
• Dog Bites
• Toxic Mold and Substances
• Slip and Fall/Premises Liability
• Construction Accidents

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2. What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical Bills
  
• Lost Income, including overtime wages
  
• Pain & Suffering
  
• Physical Disability
  
• Disfigurement
  
• Emotional Trauma
  
• Mental Disability
  
• Property Damage

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3. What should I do if I’ve been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect themselves in the event that someone is injured while on their property. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premises may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

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4. How do I know if I need an attorney?
If you have been seriously injured in Miami, Florida or within the surrounding areas of Florida, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Florida laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. THE ATTORNEYS AT The Law Offices of Herb M. Milgrim, P.A. can advise you on the applicable statute of limitations for
your injury case.

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5. What is the Statute of Limitations?
Every state has certain time limits, called “Statute Of Limitations,” that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply no longer have a case. Statute Of Limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states, the Statute Of Limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general; however, the statute of limitations for personal injury cases is four years , and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact THE ATTORNEYS The Law Offices of Herb M. Milgrim, P.A.

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6. How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case--the more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle, depending on their complexity.

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7. What is my lawsuit worth?
No attorney can tell you during your initial conference what your lawsuit is worth. We can offer you some insight, however: The cases you read about in the paper are generally important exceptions to money awards in lawsuits. If these cases weren’t “different” (either very low or very high), the media wouldn’t be interested in them. No two lawsuits are exactly the same. Just because another person settled for a certain amount, or was awarded a certain amount by a jury, doesn’t mean you should or can recover the same amount.
Most people who file lawsuits do not get every penny they want or every penny they deserve. Since the harm done to you is personal, no amount of money can make it “right“ for you. Nevertheless, it is wise to have realistic expectations. The “worth” of your case will be determined in one of two ways—either by mediation or trial by jury. In other words, the ”worth” of your case is the amount you are willing to settle for (in mediation) or the amount that the jury decides that it is worth. If we enter settlement negotiations or mediation for you, your lawyer will advise you about each offer you receive. This advice is given based on knowledge of the facts of our case
(both for you and against you) and based on the lawyer’s knowledge and experience. Since settlement negotiations and mediation will not occur until much later in your case, when all the facts are known, we will not give you an immediate opinion on the “worth”
of your lawsuit. Instead, we will advise you of the strength or weakness of the lawsuit.

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8. What should I do if I am involved in an automobile accident?
Being involved in an automobile accident can be extremely frightening and stressful. If you have been in a serious automobile accident it is important that you get the guidance of an experienced attorney. Below, is a brief outline of important steps to inform you as to what to do and what to expect.

• Stop and protect the scene of the accident.
  Florida law requires that you stop after you are involved in an accident. Try to preserve the scene as best as you can, but if your vehicle is blocking traffic, and moveable, you must move it to the side of road as soon as possible. If you can, take pictures of the scene and of the vehicles as soon as you can after the accident.
  
• Notify the Proper Authorities and your insurance company.
  Although Florida law only requires you to report an accident if there is injury involved, or if the property damage exceeds $500.00, it is a good idea to always notify the proper authorities so that your accident and any injuries can be properly documented. This can aid you in a personal injury claim that you may have in the future. In addition, you should report the accident to your insurance company. Failure to report the accident timely, may in some circumstances, result in the insurance company denying coverage. (See below about giving "statements" to insurance adjusters. Your lawyer can help with this.)
  
• Gather Information and take pictures.
  Get the name, address, telephone number and insurance information for all drivers involved. In addition, get the names and phone numbers of any witnesses to your accident, if possible. Try to make a simple diagram of the accident scene as soon as possible so that you can later confirm it with the diagram on the accident report. Take photos of your vehicles damages as soon as possible. In addition, take photographs of your injuries including all cuts and bruises.
  
• Be careful of the insurance adjuster who shows up at the accident scene or your house.
  If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything. Sometimes, the at-fault driver's insurance company wants to take advantage of your confusion following an accident. They will try to take a statement from you before you are even aware how severe your injuries are.
  
• Get checked by a doctor immediately.
  Even if you are not sure whether you are seriously injured, or merely shaken up, it is best to be examined by a doctor at the earliest possible time, or go to the nearest emergency room. When a doctor examines you, make sure to tell them about ALL your injuries and problems. Problems which appear minor at first sometimes get worse over time. Early documentation of your injuries is very important. Take pictures of all your visible injuries.
  
• CONTACT A PERSONAL INJURY ATTORNEY
  Before signing anything, call the The Law Offices of Herb M. Milgrim, P.A.. Many victims of car accidents try to handle their own personal injury cases, hoping that the insurance companies involved will settle as promptly and fairly as advertised. Unfortunately, not all insurance companies respond in that manner. We have helped thousands of clients get the money they deserve. If you do not call us, call another licensed and qualified attorney. But do not respond to a lawyer who just shows up at your door, the hospital, or is referred to you by some tow truck driver who you do not know.

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If you or someone you know in Florida, or within the South Florida area needs the assistance or legal counsel of an experienced trial lawyer, contact the attorneys at The Law Offices of Herb M. Milgrim, P.A. at (954) 966-3900, or complete the contact form provided on this site to begin your free consultation with a South Florida personal injury attorney.