Miami, FL Personal Injury Lawyer

Personal Injury Lawyers Serving Miami and All of Southeast Florida

In many of these cases, one party is entirely, or mostly, at fault. These situations are commonly resolved through personal injury claims—either in the form of insurance claims or civil lawsuits in the Florida courts.

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents
• Slip & Fall Accidents
• Premises Liability
• Workers’ Compensation
• Construction Accidents
• Wrongful Death

Many people in Miami file claims with the at-fault party’s liability insurance policy and accept the initial settlement offer without realizing that they are likely entitled to much more. Unfortunately, once you accept this settlement, it is too late to take any additional legal action.

The Miami personal injury lawyers at Bernheim Kelley Injury Lawyers are committed to helping our clients obtain the full and fair compensation to which they are entitled under the law. We know the tactics insurance companies use to devalue, delay, and deny claims altogether. Our attorneys aren’t intimidated by insurance companies, and we won’t back down from fighting for what you truly deserve.

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Potential Damages in a Miami Personal Injury Claim

In Florida, personal injury cases involve three main types of damages: economic damages, non-economic damages, and punitive damages. The damages you may be entitled to depend on the specific circumstances of your case. A Miami personal injury attorney can help determine the full value of your claim.

Economic Damages

Economic damages encompass the tangible, measurable losses you sustained because of your injury. These damages can include:

• Medical costs
• Lost income
• Reduced earning capacity
• Physical and psychological therapy
• Medical devices and assistive equipment
• Home and vehicle modifications
• Other out-of-pocket costs

To determine the value of economic damages, your lawyer will examine bills, receipts, pay stubs, and other documentation related to your financial losses. Your attorney may also consult experts to calculate future losses, such as long-term medical needs and lost income due to permanent or temporary disability.

Non-Economic Damages

Non-economic damages are the intangible losses your injury causes, which do not have a direct monetary value. These can include:

• Pain and suffering
• Emotional distress, including anxiety, depression, or PTSD
• Loss of enjoyment of life
• Scarring and disfigurement
• Loss of companionship or consortium

Punitive Damages

Punitive damages are awarded in cases where the other party’s actions were intentional or grossly negligent. Punitive damages are not intended to cover losses, but to punish the wrongdoer for their egregious behavior and deter similar conduct in the future.

In Florida, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater. Exceptions to this may apply in cases of intentional misconduct or extreme negligence.

Determining the full scope of damages in a personal injury claim can be extremely complex. Our knowledgeable Miami personal injury lawyers can help determine the full extent of your losses, calculate the value of your claim, and pursue the maximum compensation you deserve.

Ready to Fight for You from Day One—Our Injury Law Firm Will: 

• Meet with you to discuss your case for FREE
• Address your questions and concerns 
• Explain your legal options
• Tailor a legal strategy specifically for you and your situation
• Investigate the accident and collect evidence
• Review crucial documents, including medical records and police reports
• Determine who is liable for your injuries
• Communicate directly with the insurance company
• File a lawsuit, if necessary
• Pursue the maximum compensation you deserve

How Our Lawyers Help You

Personal injury cases can be very complicated. Without the knowledge and guidance of an experienced Miami personal injury lawyer, you will likely end up settling for far less than your case is worth. At Bernheim Kelley Injury Lawyers, our attorneys can help you by:

Explaining Your Rights and Legal Options

Navigating the legal process alone can be difficult and overwhelming, especially when recovering from a serious injury. Our Miami personal injury lawyers are well-versed in the relevant laws that apply to your case and understand the challenges you may be facing during this time. An attorney will take the time to listen to your story, explain your rights, and discuss your legal options.

Ultimately, every decision in the case is yours. Your attorney will provide the guidance and information you need to make confident, informed choices at every step of your legal journey.

Conducting a Thorough Investigation

Personal injury lawyers collect as much information as possible about the accident and your injuries. This includes witness accounts, documentation, and other evidence that demonstrates how the injuries occurred and the impact they have had on your life.

During the investigation, your lawyer may gather evidence such as:

• Witness statements
• Police reports
• Police camera footage
• Documentation of lost wages
• Medical bills
• Photographs of injuries
• Photographs of the accident scene
• Surveillance footage
• 911 Recordings

Bernheim Kelley Injury Lawyers have the experience and resources necessary to fully investigate the facts in your case. The evidence we gather in our investigations can make a significant difference in the strength of your claim and the justice you receive.

Calculating Your Losses

In the absence of a skilled attorney, many injury victims accept insurance settlements that do not adequately cover the extent of their injuries and the impact those injuries have on their lives. A seasoned lawyer can calculate the compensation you need to cover your losses and move forward with your life.

The Miami personal injury lawyers at Bernheim Kelley Injury Lawyers have decades of proven experience calculating damages and pursuing maximum compensation in a range of personal injury cases. We know what injured people deserve, and we are committed to fighting for every penny.

Dealing With The Insurance Company

Insurance companies are in the business of making profits, not paying out claims. They may use various strategies to reduce your compensation, such as offering a lowball settlement, misinterpreting your statements, or pressuring you into accepting less than you’re entitled to. An experienced attorney understands these tactics and will stand up for your rights and make sure your best interests are protected.

Negotiating A Fair Settlement

A skilled personal injury attorney knows how to negotiate effectively and will prevent you from being pressured into accepting a settlement that falls short of what you deserve. Without legal representation, insurers may offer to pay your past medical bills but exclude ongoing expenses like physical therapy or prescription medication you’ll need after your case concludes. Insurance companies also keep track of which attorneys and firms are more likely to settle instead of going to court. At Bernheim Kelley Injury Lawyers, we take pride in being a firm of trial attorneys. Our reputation for taking cases to trial often leads to higher settlement offers because when we say we’re ready to file a lawsuit, insurance companies know we mean it.

Taking Your Case To Court If a Fair Settlement Cannot Be Reached

The best personal injury lawyers are successful trial attorneys. If a fair resolution cannot be reached through negotiation, your lawyer may advise taking your case to court. Throughout the trial process, your attorney will ensure that all legal documents are prepared and filed accurately and on time.

Personal injury attorneys level the playing field against large insurance companies and their vast legal teams. By managing every detail of your claim, they give you the best chance of securing the full and fair compensation you deserve to move forward. At Bernheim Kelley Injury Lawyers, we take pride in being a firm of trial attorneys. Insurance companies are well aware of which law firms tend to settle, and which are ready to go to trial. Our attorneys consistently secure higher settlement offers because insurers know we’re fully prepared to fight in court if their offers fall short.

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Common Personal Injury FAQs in Miami

Learn More About Your Options After an Accident That Someone Else Caused

After an accident, especially one that causes you significant injuries, it can feel almost impossible to consider your legal options while you are focusing on your medical needs. These early days and weeks can be overwhelming, but you will need to act in order to get started on your legal case. In many instances, a victim will file a claim with the at-fault party’s insurance company at this time, at which point a claims investigation will be initiated, and an adjuster is assigned to the case. It’s important to remember that the adjuster is working on behalf of the insurance company, either as an independent contractor or an employee, and one of their main goals is to settle your claim both quickly and cheaply. 

Insurers know that victims do not have the full capacity to pay attention to each detail in their claims investigation and likely do not have either the legal know-how or mental clarity to interpret the complicated and lengthy legal documents the insurance company is sending them. Many people become overwhelmed—or even fearful—during this process, and as they try to decide how to fight for what they deserve, often simply accept the initial offer the insurance company makes.

Knowing your options before initiating a claim is one of the best ways to enter the conversation with the confidence you need to demand the compensation you are rightfully owed.

The moment you contact the insurance company, an adjuster will be assigned to your case. Their primary goal is to settle your claim as quickly and cheaply as possible. Every statement you submit and conversation you have with the adjuster will be examined for ways to use against you.

When an attorney is having these conversations on your behalf, you can be confident that each statement is made with the intention of maximizing your final settlement.

– you are in good hands!

“I highly recommend attorney Jesse Bernheim and his team for any readers’ future needs. Mr. Bernheim handled my insurance claim in a timely manner, and both he and his team kept me informed throughout the entire process. Without his representation, my claim would have been denied and I would have had several out of pocket expenses. Not only was the claim settled, but it was settled for the amount needed for repairs. Thank you, Jesse. Hopefully I won’t need you in the future, but if I do, you’re the first phone call made. You are a true professional.”

E.S.

“We were denied by our insurance carrier coverage for damage to our roof. Luckily, Bernheim Kelley Battista was recommended by a friend. We got an idea about the process we were to go through on our first call and it all played out the way we were told it would. Eventually, we made it into mediation and felt very well represented. Ultimately we got the settlement we were hoping for and are now able to fix our roof. All the details, emails, etc. were handled for us and our questions answered immediately. Couldn’t ask for a better team to work with.”

B.R.

“Attorney Eric Sachs and his team are very professional and amazing. I highly recommend Bernheim Kelley Batista, LLC as the best law firm you can think of. Their communication is awesome. They handled my case and kept me updated every step of the way. I’m super happy with my end results. Thank you all for the time and effort put into my case. If you need an Attorney, Eric Sachs is the best to handle your situations. Don’t wait or think twice, you are in good hands!”

T.W.

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A Personal Injury Attorney Can Fight for the Money You Deserve

Working with an attorney is one of the best ways to ensure that you can focus on your recovery and personal needs without having to take on the additional stress of your insurance claim. While you get the emotional and mental space you need to recover, your attorney will be using their extensive knowledge and experience of the insurance claims process and personal injury compensation calculations to fight for the money that you rightfully deserve, not just what the insurer wants to pay. 

During the claims investigation period, your attorney will perform their own investigation to gather documentation for all of the different damages you have encountered, both economic and non-economic. Once they conclude their investigation and have completed their calculations, you will likely be shocked at the difference between their figures and the initial offer the insurance company makes to you for a settlement. At this point, your lawyer will need to go through negotiations to reach a fair agreement for an out-of-court settlement.

Many people believe that they only need to hire an attorney if they plan to file a lawsuit, but a personal injury attorney focuses primarily on reaching a settlement without going to court. In fact, an estimated 90% of personal injury cases are settled without going to trial, and 50% or more are settled without a lawsuit ever being filed. While these statistics will never guarantee your own experience, you can enter your work with an attorney knowing that their primary goal is to reach a settlement agreement—unless there are specific and compelling reasons why your lawyer would want to move straight to a lawsuit, such as an instance where they believe you are a candidate for punitive damages. These damages are only awarded by a judge and/or jury at the resolution of a trial and are a good reason why the courts may benefit certain situations.

Your First Step Toward Real Justice: A FREE Case Evaluation

When filing an insurance claim, one of the best things that a victim can do is to contact an experienced personal injury attorney. Whether or not you believe that your case entitles you to compensation, we encourage you to reach out to our team. We will be able to go through all of the details of your situation — such as the type of accident, the extent of your injuries, and the impact this situation has had on your life — before giving you a better sense of how we can work with you to get the money you deserve.

Contact us now to schedule your FREE case evaluation. We encourage you to reach out to us before contacting the insurance company so that we can provide you with advice and options about how to build a strong case from day one.

During your complimentary consultation, you will be able to speak with a member of our award-winning personal injury team about your unique situation. Once we have established important details such as the type of accident you were involved in, the nature of your injuries, the impact on your life, and the steps you’ve already taken, we will be able to help you understand the best path forward to getting the money you deserve. 

The sooner you contact our firm, the sooner you will have an experienced and proven Miami personal injury attorney fighting to get the money you deserve for your injuries and suffering. The insurance companies don’t want to pay you what you deserve, but we are here to make sure that the insurers or defense team treats you fairly and compensates you for what you are owed.

Contact a Miami Personal Injury Lawyer Today

Don’t face your injuries alone. Bernheim Kelley Injury Lawyers is here to fight for the maximum compensation you need and deserve. We take the cases of our clients personally, and we’re committed to doing everything possible to achieve Real Justice for every one of them.

Our dedication to our clients shows in our results. We have recovered more than $1 billion in verdicts and settlements. You can reach our office at any time—24 hours a day, 7 days a week—to tell us your story and learn how we can help.

Contact Bernheim Kelley Injury Lawyers today online or at (305) 617-1111. Our Miami personal injury lawyers serve clients throughout Miami-Dade County and Southeast Florida.