A personal injury accident occurs when a person suffers some form of injury, whether physical or psychological. Theses accidents can occur due to the negligence of one person or many people, depending on the circumstances. The core issue in any personal injury action is whether there was negligence on behalf of the culpable party (tortfeasor). The concept of negligence is one that is governed by standards of conduct and custom in any given community or state. In some cases, what constitutes negigence is defined by state statute, while in other matters, a review of case law and treatises provide guidance.
Personal injury accidents typically involve situations such as automobile accidents, falls, work related injuries, defective products and air disasters. Personal Injury actions also include medical and dental negligence as well as environmental negligence that expose victims to toxic materials leading to asbestos and mesothelioma diseases.
Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. Our firm often represent clients on a "contingency basis," in which we do not charge fees or costs until the case is resolved. Please call us and tell us about your legal issue.
Pedestrian actions occur when motor vehicles strike and severely injure or cause fatal wounds to pedestrians, cyclist or others.
In cases where a person survives an accident suffering only personal injuries, it is important that the person receive immediate medical treatment at a local hospital or through a medical service provider. Many claims lose value due to a delay in treatment. Similarly, efforts must be made to perserve evidence of the accident.
The immediate preservation of evidence assures the integrity and veracity of the evidence. Having photos of the scene and photos of the vehicle(s) involved in an accident assists judges and juries in understanding how an incident ocurred. Lastly, experts rely on photographs and evidence in order to base thier opinions as to how an accident ocurred. Our firm relies heavily on investigators and other experts to assist in the preservation of evidence. Preservation of evidence is critical to the value and viability of any case.
Please complete our Accident Questionnaire, if you have a matter you would like us to evaluate.
MONTOYA LAW FIRM, P.A.
4960 Southwest 72nd Avenue, Suite 303 | Miami, Florida 33155
