Miami Personal Injury Lawyer
Even though the law and the facts may be on your side, recovering compensation from a negligent party after a serious personal injury can be a difficult task. Individuals, corporations and their insurance companies will challenge you at every turn, trying to escape their liability or get away with paying as little as possible. Representation from an aggressive, experienced Miami personal injury lawyer with a record of results can be the single greatest asset in your favor to achieve a successful recovery with the greatest amount of compensation available. Miami attorney Spencer Morgan has dedicated his career toward helping accident victims recover full and fair compensation after an injury caused another’s negligence. At Spencer Morgan Law, we represent people across the full range of personal injury law. See below for some of our many areas of practice, and give us a call at 305-423-3800 for a no-cost consultation if you have been hurt in any of the following types of accidents.
- Car Accident
- Construction Accident
- Boat Accident
- Medical Malpractice
- Motorcycle Accident
- Negligent Security
- Slip & Fall
- Truck Accident
- Workplace Accident
Auto and motorcycle accidents are the leading causes of injury and death in the United States. If you have been involved in an accident caused by another driver’s negligence, you may be able to pursue a claim against them for property damage, personal damage such as medical expenses, pain and suffering, and future losses, and, in some cases, punitive damages. To do this, you must be able to prove the other driver was negligent, that the other driver’s negligence caused the accident, and that you have suffered damages as a result of the accident. An experienced personal injury attorney knows the court system, can deal effectively with the insurance company for you, and can make sure you are justly compensated for all of your current and future damages.
When a car or truck bears down on a motorcycle, the consequences for the rider of the motorcycle or motorized scooter are likely to be a significant injury. Motorcycle accidents have unique challenges that we are prepared to handle, including additional defenses the insurers raise such as failure to wear protective equipment like helmets. We have successfully brought many motorcycle accident claims.
A collision with a fully-loaded tractor-trailer is likely to cause catastrophic injury or worse to the occupants of a passenger vehicle. Many accidents are attributed to truck driver fatigue or falling asleep at the wheel, while others are caused by trucks being operated with bad brakes, bad tires, nonoperational signals, or unbalanced loads. Federal regulations limit how many hours a trucker can be on duty and require trucking companies to inspect, repair and maintain their fleets, but these regulations are frequently ignored. We know how to investigate a truck accident and uncover its cause, even when driving logs and company records have been falsified to make it appear trucker and trucking company were in compliance with the law. We take on national transportation companies and their insurance carriers to make sure you are fairly compensated for your injuries now and into the future.
Slips, Trips & Falls
A premises liability action is a claim brought against a negligent property owner. Most accidents happen in commercial locations, such as grocery stores, gas stations, and office buildings, but they can also occur on private property. Injuries occur in a variety of circumstances when a dangerous condition exists that the owner knew or should have known about, such as a broken stair or a foreign substance on the floor, resulting in injury to a patron.
Many people, including some attorneys, regard these cases as simple, run-of-the-mill cases. That is not always so. What may appear to be a simple case is often not. In addition, these cases may involve injuries that do not appear serious at first but may, in fact, plague someone for life. Even those cases that do not involve life-altering injuries or complex legal questions are often defended aggressively by insurance companies. So, if you are injured on someone else’s property, you should get medical attention and consult with an experienced attorney.
On the Job Accidents
Our affiliated attorneys represent employees who are injured on the job in claims for lost wages and medical treatment expenses against private industry employers, as well as federal, state and local government employers, and their workers’ compensation insurers. We handle issues dealing with defenses, fraud, subrogation, and appeals. We also represent independent contractors in certain circumstances against their employers, or vendors.
Negligent security claims are claims against the owners of property such as an apartment complex or bar where an individual is assaulted and injured. These are more and more common as owners attempt to cut costs by not installing proper security devices and not hiring sufficient personnel or adequately trained personnel. If you are assaulted while on the property of another, you may have a case against the owner for failure to provide security.
Nursing Home Abuse
Unfortunately, many elderly persons are neglected and abused in nursing homes and assisted living facilities in Florida. Instead of enjoying their golden years, many residents are deprived of adequate medical care attention, resulting in injury and even death. This occurs primarily because the facilities attempt to maximize profit by cutting services and hiring insufficiently trained and poorly supervised personnel. Some signs of abuse are the appearance of bed-sores, unexplained bruises, finding your loved one in unsanitary conditions, and lack of communication from the facility regarding changes in the condition of your loved one. If you suspect your loved one is the victim of abuse, contact us immediately for a consultation.
Manufacturers owe a duty to the public to only put products on the market that are safe and free from defects. Sadly, many product makers choose to put profits over public safety, and fail to design or manufacture their products in a way that will prevent injury to the consumer. Manufacturers can be held strictly liable for design defects, manufacturing defects, and failure to warn consumers about product dangers. Products liability cases are complex and fiercely defended by huge corporations that fear a flood of lawsuits if they admit liability, but at Spencer Morgan Law, we are tenacious in our pursuit of justice for our clients, and in working to enhance product safety for all.
Every year thousands of people are injured or killed as a result of medical malpractice. Medical malpractice can arise when a medical facility, doctor, or health care provider injures a patient. Health care providers are required to meet certain standards of acceptable care. When they fail to do so and a person is injured because of that failure, a medical malpractice claim arises.
Medical malpractice suits can arise under different circumstances: against a government agency that operates hospitals or provides specified medical care; against the hospital for administering improper medicine or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure; against a physician, who in the general practice of medicine, deviates from the general accepted standards of practice by delaying or failing to properly diagnose a medical condition, by failing to properly treat a medical condition, by failing to perform a surgical procedure properly, or by failing to obtain the patient’s informed consent before performing a procedure or operation; or against a medical specialist who deviates from a nationally accepted standard of practice for specialists in their field.
In most medical malpractice cases, the first step is for you to obtain all of your medical records relating to the treatment received. Medical malpractice may often be proven on the basis of what is contained, or omitted, from those medical records. If you suspect that you or your child has been injured as a result of medical malpractice, it is critical to seek the advice of a lawyer experienced in medical malpractice, to be certain that your action is brought in a timely manner.
The development of prescription drugs is often rushed without adequate testing. The long-term effect of prescription medications is difficult to determine. Unfortunately, in some instances, people have to suffer injury or die before a prescription medication is recalled.
Claims of pharmacy negligence include: improperly prescribed or filled medications in which a medication is prescribed that contradicts a medication that the patient is already taking, or a pharmacist gives an incorrect medication dosage; prescription drug recalls; long-term effects of prescription medications; and product failure.
If you or a family member has suffered an injury, illness or pain and suffering because of prescription drugs, you should contact one of our experienced attorneys so we can assist you in determining if you are entitled to receive compensation for the harm caused to you.
Swimming Pool Accidents
Swimming accidents claim the lives of many children each year, and accidents in swimming pools are responsible for many of those fatalities. Thousands of adults also die or suffer catastrophic injury each year as a result of swimming mishaps. Homeowners who have a pool in their backyard have a responsibility to provide a safe environment for both children and adults, but so many times this is not done. If you or a loved one has been injured in a swimming pool or drowning accident, you need the advice of an experienced personal injury lawyer.
Maritime & Cruise Ship Accidents
Working on the open waters includes some of the most dangerous and deadly occupations that exist. Workers who are injured on the job in a maritime industry may be able to secure compensation for their injuries, but special laws apply to workers who are injured offshore in maritime occupations. It is important to hire an experienced personal injury attorney who understands the important distinctions when pursuing maritime claims, whether you were injured as a worker or a guest on a vessel or cruise ship.
Plane crashes and other aviation accidents are most likely to end in tragedy for passengers and crew. Most airplane accidents are blamed on pilot error, but this is not always the case, and many times fault lies with the airplane’s owner or manufacturer, ground crew and maintenance, or even air traffic controllers. Spencer Morgan Law has particular experience pursuing compensation for victims of aviation accidents, including those involving single-engine planes.
The loss of a loved one due to the negligence of another is not only emotionally devastating but often financially crippling to a family who loses a primary breadwinner or indispensible member of the household. Florida law allows family members to recover compensation to help with medical and funeral costs and the long-term loss of a valued family member. However, the law is complicated regarding which family members can recover, what types of damages may be sought, etc. Also, wrongful death cases can often be difficult to prove. Trust Spencer Morgan Law to help you through this difficult time and achieve a measure of justice for the person who has been wrongly taken from you.
Natural Disaster Claims
Too often, insurance companies simply do not meet their obligations to policy holders. Often, insurers will complain about how busy they are, and an insurance company may delay sending out an adjuster for weeks or months. Then when they do send an adjuster, there may be an estimate that is woefully inadequate. The insurance company may also negotiate an estimate downward or even deny the claim altogether. When the insurance adjustor’s estimate is in question, we can send an independent adjustor to evaluate the situation. We will gather the accurate information you need to defend your rights in an insurance claim lawsuit. If your claim is denied, we have the experience and determination to take your denied claim to court. If we win on your behalf, the court may award attorney fees. That means you will receive every cent of the court’s judgment.
Insurance Coverage Disputes
Insurance companies are required to live up to the terms of their policies. When insurance companies fail to pay valid claims, they have breached their contracts and may also be acting in bad faith. This can occur with all types of insurance, including auto, homeowners, life, health, and disability. Florida law allows the policy holder to recover attorney’s fees and costs against their insurance company should they prevail, separate and apart from the claim itself. For this reason, we are able to represent our clients on a contingency basis, no matter how large or small the claim may be.
Consumers are often taken advantage of by various types of merchants and sellers of products and services. This could be a car dealer, a funeral home, or many other merchants. Florida law protects consumers from unfair and deceptive trade practices, and there are various statutes that allow consumers to recover their attorney’s fees against companies who prey on consumers using such sales tactics. For this reason, we are able to take these cases on a contingency basis, no matter how much the sale was for.
Aggressive, Experienced and Compassionate Miami Personal Injury Lawyer “For the Injured”
If you have been hurt because of the negligence of another, justice requires that the responsible party be held accountable to you for the damage caused. Spencer Morgan Law is dedicated to turning that principle into reality for Miami personal injury victims. Call 305-423-3800 for a no-cost, confidential consultation regarding your potential claims and how an experienced Miami personal injury lawyer can help.