How Do I Get My Personal Injury Insurance Claim Paid in Florida?

Miami and Florida Personal Injury Attorney J.P. Gonzalez-Sirgo

A personal injury attorney’s primary focus is to represent clients injured by the negligent or intentional conduct of another person, party, company, or product. A personal injury attorney represents clients in civil cases and in civil court, not in criminal cases or criminal court. A personal injury attorney will strive to help make the injured party “whole” again. This is actually a legal concept that means to restore the injured party to the state or condition he or she was in before the other party’s negligence caused harm or injury.

While an individual cannot always necessarily be restored to the state he or she was in before the negligence occurred – for example, if the victim’s leg was permanently damaged in a car accident - the theory holds that monetary compensation – damages – will help assuage the victim at least somewhat, and hopefully to the extent that the victim will be able to live a productive and happy life. To this end, the personal injury attorney pursues monetary compensation, or damages, for his client.

Attorney J.P. Gonzalez-Sirgo is a highly experienced and skilled personal injury lawyer who has been vigorously representing clients since 1994. It is his duty and honor to pursue compensation for victims of negligence. Attorney Gonzalez-Sirgo takes his work to heart as he compassionately and attentively helps his clients become as whole again as possible.

Proving Negligence

Simply stated, four elements must exist to prove negligence:

  1. Duty – the defendant owed a duty to the plaintiff
  2. Breach – the defendant breached, or violated, the duty (i.e., through action or non-action)
  3. Causation – the defendant’s breach of duty caused harm to the plaintiff
  4. Damages – the plaintiff experienced harm as a result of the plaintiff’s actions

Negligence is at the core of personal injury law. The following is often stated to explain negligence:

  • “But for the negligence of the defendant, the plaintiff would not have suffered injuries or harm.”

For example: But for the drunk driver’s negligence (crashing his car into the victim’s car, thereby causing severe physical injuries and emotional distress) the plaintiff would not have suffered injuries and harm.

Personal Injury Practice Areas

Negligence can and does occur in many different ways. Attorney Gonzalez-Sirgo represents clients in all personal injury actions, including, but certainly not limited to, the following:

  • Car accidents
  • Truck accidents
  • Commercial vehicle accidents
  • Motorcycle accidents
  • Taxi, limousine accidents 
  • Bus accidents
  • Amtrak accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Premises liability accidents 
  • Slip and fall accidents
  • Negligent security assaults, sexual assaults, robberies
  • Dog bites
  • Swimming pool accidents, drowning
  • Workplace injuries 
  • Medical malpractice
  • Nursing home and elder care abuse
  • Birth injuries
  • Product liability
  • Wrongful death

Ask Attorney Gonzalez-Sirgo about your case, whether or not it is on the list.

Medical Malpractice

When a patient sustains injuries or harm as a result of treatment that deviates from the accepted standard of care within the medical community, medical malpractice has occurred. Examples of medical malpractice include anesthetic errors, emergency room errors, failure to diagnose, incorrect diagnoses, failure to treat, surgical errors, birth injuries and more. Hospitals, emergency rooms, ambulances, healthcare professionals, doctors, nurses and technicians may all potentially be liable for medical malpractice depending on the specific circumstances of the case.

Wrongful Death

When an individual dies as a result of another’s negligence, the personal representative may bring a suit on behalf of all potential estate beneficiaries. Survivors include:

  • Spouse
  • Children
  • Parents
  • Blood relatives partially or completely dependent on decedent, including adoptive brothers, sisters

Parents of deceased minor children (under 25) may potentially recover for present and future lost support and services, mental pain and suffering and medical and funeral expenses. Florida's laws pertaining to wrongful death actions are extremely complicated. Contact Attorney Gonzalez-Sirgo to discuss your case.

Product Liability

  • Defective products
  • Improperly manufactured products
  • Improperly engineered products
  • Products without warning labels or with insufficient warnings
  • Products without proper instructions

Unfortunately, defective products are everywhere, from automobile parts to kitchen appliances to machinery, to simple devices. If you were injured by a product, please contact Attorney Gonzalez-Sirgo.

Damages

It takes an experienced and skilled attorney to properly negotiate a settlement or to pursue damages at trial. Please speak to Attorney Gonzalez-Sirgo about your case. Basic information about damages:

Economic damages are those that are quantifiable and for that reason may be somewhat less complicated to determine.

  • Past and future medical expenses
  • Past and future lost earnings
  • Lost earning capacity
  • Household services – help with household chores that injured party cannot do

Non-economic damages do not have a specific amount and are to be decided according to each case. They may include:

  • Pain and suffering of injured
  • Emotional distress of injured
  • Disfigurement
  • Spouse’s Loss of companionship
  • Loss of consortium
  • Parental loss of child (filial) companionship

Punitive damages

  • To punish wrongdoer for egregious, reckless, extreme harmful acts.

The Law Offices of Attorney J.P. Gonzalez-Sirgo, P.A., Represents Clients in All Personal Injury Cases

If you were injured in a motor vehicle accident, or in a slip and fall accident, or by a defective product, or by any of the other personal injury practice areas noted above, it is advisable to contact an experienced attorney to ensure that your legal rights are properly protected and to ensure that you pursue the maximum amount of compensation possible. Attorney J.P. Gonzalez-Sirgo and the attorneys at The Law Offices of Attorney J.P. Gonzalez-Sirgo, P.A. are available to discuss your case. There are no legal fees unless your case is settled with the insurance company or resolved in court.

You can reach Miami Personal Injury Attorney J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email J.P. directly at [email protected].