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Confidential Settlement on behalf of Hollywood film producer.
A combined settlement for two young car accident victims suffering spinal injuries requiring surgery.
Medical Malpractice lawsuit against a hospital and multiple physicians for their failure to diagnose and properly treat an ankle wound requiring surgery.
A wrongful death claim for nursing home negligence brought by the family of an elderly woman who passed away after developing sepsis as a result of a perforated colon.
A settlement for a motor vehicle accident resulting in multiple leg injuries. The accident was cause by the negligent design of a parking lot located at Trump National Doral. The client previously made a significant recovery with a prior attorney from his uninsured motorist coverage benefits.
A land dispute case with partition, tortious interference and fraud claims against a common owner of commercial property.
A medical negligence case against a physician that misdiagnosed a vertebral fracture.
The client sustained Injuries to his neck after a large commercial patio umbrella fell on him at a Miami Beach Resort.
The client sustained an ankle injury at work due to a negligent forklift operator in a warehouse accident.
A legal malpractice lawsuit against client's former attorney, who mishandled a criminal medicare fraud investigation against the client.
Client sustained a torn meniscus as a result of an automobile accident, which required surgery. The insurance company’s highest offer before Elstein legal took over representation was $35,000.00 and Elstein legal resolved the case for $240,000.00 less than two months after taking over the case.
The client sustained a wrist injury due to an automobile accident, which required a surgery with hardware.
A client suffered an acute lateral meniscus tear in his knee from an automobile accident. When Elstein Legal took over representation for this case the insurance company’s highest offer was $20,000.00.
Confidential settlement reached on behalf of a minor that sustained injuries as a result of medical malpractice.
A life insurance dispute wherein the policy holder was unduly influenced into changing the beneficiary names on the eve of his death.
A trip and fall incident against a condominium association for its failure to maintain a fence, which caught the client’s sandal causing her to fall and injure her hand.
A 20 year old client fractured a vertebra in her spine after a t-bone collision. The insurance company denied liability for the claim and Elstein Legal recovered the policy limits of $100,000.00 and $10,000.00 after filing a lawsuit.
A 19 year old client was injured in automobile accident and sustained a disc herniation in his neck. The insurance company offered $13,780.00 to settlement his claim and Elstein Legal recovered the policy limits of $100,000.00.
Insurance policy limits tender for an Elderly Client who was struck by another vehicle in a shopping center.
A confidential medical negligence case.
An elderly client injured her hip after falling on a cracked sidewalk. The insurance company denied liability for the claim and Elstein Legal recovered the $90,000.00 for the client after filing a lawsuit.
A homeless woman injured her ankle after a Miami bridge operator opened the bridge while she was traversing over it. The client was hanging on for dear life, but ultimately she fell tens of feet to the pavement, resulting in a broken ankle. The firm resolved this matter quickly as the client was homeless at the time and needed settlement proceeds to find shelter and lead a better life.
The client injured his finger due to a motor vehicle accident. The injury required a minor surgical procedure.
The client suffered 6 fractured teeth as a result of a car accident due to another driver’s negligence.
An elderly man was injured after falling out of his wheelchair at Baptist hospital. His wife was wheeling him through the hospital parking garage when one of the wheels of the wheelchair got stuck in a parking garage joint, causing the client to fall and break his collarbone.
The client was injured at a resort after falling through a poorly maintained patio lounge chair. This resulted in the client sustaining a partial rotator cuff tear that required surgery.
Miami-Dade County experiences thousands of pedestrian accidents and fatalities each year. Most of these pedestrian accidents are caused by some degree of negligence, either by action or inaction. If you have injuries from a pedestrian accident caused by another person’s lack of care, you may be able to hold them liable for your damages and losses.
Every single year in The Sunshine State, there are about 7,000 pedestrians injured and nearly 500 killed in auto accidents. Like most accidents, most of these are caused by some degree of negligence, either by action or inaction. That is to say, the driver is either doing something they should not be, like drinking, or not doing something they should, like checking their blind spot or giving right of way.
If someone behaved negligently and caused an accident that injures someone, they may be able to be held liable for the injuries and losses.
Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
Call now for a FREE consultation!
(305) 299-2835
A pedestrian accident lawyer can help you navigate the legal claims process to ensure the best outcome possible. Your lawyer will also work through any special issues and insurance policies that may apply to your claim.
Additionally, a pedestrian accident lawyer in Miami can identify all of the different damages that may apply, given the catastrophic injuries present in many pedestrian claims. The main goal is to ensure the victim has an advocate working on their side to provide a straightforward claims process and fair settlement value.
In the majority of scenarios in Florida, pedestrians will have the right of way when legally crossing the street. This applies whether or not there are traffic control devices present, such as stop signs, lights, crossing signals, or even crosswalks if the pedestrian has already begun crossing. On the other hand, pedestrians are required to yield to vehicles if they have not yet stepped into the street.
There are some ways that pedestrian accident cases are unlike other types of accident claims in Florida, including:
Florida uses a no-fault system where motor vehicle owners carry minimum amounts of Personal Injury Protection (PIP) insurance. Therefore, when you’re in a pedestrian accident, your own no-fault policy may still apply. However, you may still be entitled to file a third-party claim. Elstein Legal can help you determine what insurance policies may apply and whether you are eligible to file a third-party claim.
Pedestrians have no structural protection from harm, unlike motor vehicle drivers. The lack of protection usually means that the injuries in a pedestrian accident are catastrophic. Depending on the severity of your injuries, you may be eligible to look to the other driver’s insurance policy for compensation. Our legal team can ensure you exhaust every avenue for compensation if you have serious injuries.
Proving negligence is an essential part of any pedestrian accident claim. You will need to show evidence to prove the other party was not as careful as they should have been, and you were hurt as a result. Our pedestrian accident lawyers can help you gather proof to demonstrate negligence and validate your claim for compensation.
The time limitations and deadlines in other car accident claims also apply in pedestrian accidents in Miami. You will have four years, or two years in accidents causing death, to file your case to ensure you don’t miss the opportunity to recover.
While this may seem like plenty of time, it’s essential to start well before that time limit. Additionally, you may want to start as soon as possible to guarantee critical evidence is available to support your claim. At Elstein Legal, we can work quickly to get your claim started and make sure you don’t miss the statute of limitations.
According to a recent report by the pedestrian-safety organization Smart Growth, the South Florida metro area of Fort Lauderdale-West Palm Beach-Miami is one of the most dangerous areas in the country for pedestrians. In Miami, some of the most hazardous places for pedestrians include:
When you’re a pedestrian accident victim, you need an injury lawyer in Miami that will provide aggressive legal representation for your case.
At Elstein Legal, there are several reasons to work with us on your pedestrian accident case, including:
Whatever your legal needs, our goal is to provide you with competent, experienced, and determined legal representation.
As a result, we’ve collected millions of dollars in compensation for our clients, and we’re ready to help you after a pedestrian accident in Miami.
After a Miami pedestrian accident, you may file a claim through your own personal injury protection (PIP) insurance. In addition, you may qualify to bring a claim for financial losses and pain and suffering under Florida negligence laws. Any party who causes serious or permanent injuries may owe the victim financial compensation.
If you are not a resident of Florida, PIP insurance laws do not apply to your Miami pedestrian accident claim. In that case, you may initiate your claim as a third-party compensation claim. However, the claims process is different for non-resident cases, so it’s essential to work with a lawyer to evaluate the case and follow the proper steps to assert a claim.
While either party may be at fault for a Miami pedestrian accident, drivers of motor vehicles have an obligation to be aware of their circumstances on the road and know where pedestrians may be present. If they are in an area where people may be on foot, they must adjust their speed and driving behavior. The party who fails to use reasonable care and caution may be at fault for a Miami pedestrian accident.
If you get hit in a crosswalk, the driver of the vehicle that hit you may owe you financial compensation. If you are lawfully present in the road, it is likely that the vehicle driver has acted negligently by entering the crosswalk without the right-of-way. Therefore, it’s vital to gather proof of fault and damages in order to claim compensation if you get hit in a crosswalk.
s, you can. In the state of Florida, the liability laws utilize a concept known as contributory negligence in conjunction with their comparative fault framework. If you are found to be partially at fault, your claim can be reduced by a similar amount. For example, if your conduct immediately preceding the accident accounted for 20% of the fault, then a potential $100k award would be reduced to $80k. This can apply to both a settlement or a court judgment.
Pedestrians have the same rights as motor vehicle passengers when it comes to accident laws in Miami. Florida law allows victims to claim compensation based on their relative fault for the accident. Compensation may include both economic injuries such as medical bills and lost wages as well as non-economic damages like pain and suffering.
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
If you or a loved one has been injured in an accident, you deserve expert legal representation to seek the justice you deserve and obtain fair compensation. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.
