Hialeah Personal Injury Attorney

Being injured in a sudden accident in Hialeah, Florida, can turn your life upside down in an instant. So many of these injuries, whether it is a car crash on the Palmetto Expressway, a hit-and-run incident involving a pedestrian crossing the street downtown, or a motorcycle crash on the Florida Turnpike, are completely preventable. Our Hialeah personal injury lawyers understand how difficult these situations can be and offer unwavering legal support and guidance after an accident or injury.

Personal injuries can occur in the most routine activities. Imagine this scenario: you’re in your car on your way to pick up your child from Hialeah Elementary School, merging onto U.S. 27. Suddenly, a distracted driver recklessly cuts you off, resulting in a harrowing car crash.

Alternatively, imagine you are walking on W. 4th avenue just passing Huracan Films and you are bit by a dog whose owner did not have it on a leash and you require stitches.

When faced with the aftermath of such incidents, understanding your rights and legal options is paramount. An experienced personal injury attorney in Hialeah, Florida, can provide the guidance needed to build a solid case and advocate for your deserved compensation.

How Often Do Accidents Occur in Hialeah, Florida?

Miami-Dade County’s accident statistics show that there are an alarming amount of accidents occurring in and around Hialeah, Florida. According to the 2021 Florida Highway Safety and Motor Vehicles crash report, the county saw a staggering 62,536 car accidents that year, resulting in 352 fatalities and 28,706 injuries.

That’s a 21.33% jump from 2020, highlighting a worrying trend. Whether cruising down  Okeechobee Road at rush hour or navigating the busy streets around Westland Mall, Hialeah drivers, cyclists, and pedestrians, are at risk of being involved in an accident.

How Do I Know If I Have a Personal Injury Case in Hialeah, Florida?

If you find yourself in Hialeah, Florida, having recently suffered an injury and suspecting negligence from someone else, you may wonder if you have a claim. While pursuing compensation may seem daunting, a clear understanding of the fundamental principles empowers you to make informed decisions and seek the proper assistance from a personal injury lawyer in Hialeah, Florida, when necessary.

Some of the basic elements to consider when assessing whether you have an injury or accident claim includes:

Breaching the Duty of Care: At the core of any potential personal injury case lies the concept of negligence. It is essential to establish that the party at fault breached a duty of care owed to you. This duty can manifest in various scenarios, from drivers in Hialeah adhering to traffic regulations to property owners maintaining safe premises for visitors.

Evidence of the Breach: Demonstrating a breach of duty often requires specific evidence tailored to the circumstances. Essential components include traffic citations, property inspection reports, and witness testimonies. In healthcare, deviations from established medical practices serve as critical evidence. The goal is to convincingly illustrate how the actions or omissions of the other party directly contributed to your injuries.

Connecting the Dots: Another critical element is establishing a direct link between the breach of duty and your resulting injuries. This involves leveraging medical records, expert opinions, and relevant documentation to solidify this connection. You strengthen your claim and pave the way for fair compensation by presenting a clear picture of the causal relationship.

Seeking Expert Guidance: Navigating the intricacies of personal injury law can be overwhelming, especially for individuals facing injury and recovery. This is where consulting with a seasoned Hialeah personal injury attorney becomes invaluable. Your attorney can comprehensively assess your case, explain your legal options, and advocate for your rights throughout the process.

Empowering Yourself: Understanding the legal foundations of personal injury claims in Hialeah empowers you to make informed decisions about your well-being and potential legal recourse. While the road to recovery may be challenging, seeking guidance from a qualified attorney from Schilling & Silvers Property and Accident Attorneys can help you navigate the legal complexities and pursue the compensation you deserve. Remember, you have rights, and in the wake of an injury, seeking legal support can be the first step towards restoring your life and securing your future.

What Types of Cases Do Your Hialeah Personal Injury Lawyers Handle?

  • Car Accidents: Thousands of car crashes occur annually in Hialeah. Our legal team handles a wide variety of car accident types including: wrong-way accidents, rear-end accidents, head-on collisions, hit-and-run accidents, distracted driver accidents, and more. If you have been in a car crash in Hialeah, Florida, our seasoned team is prepared to provide dedicated support and legal guidance.
  • Truck Accidents: Truck accidents in Hialeah unfortunately occur due to the heavy traffic on major routes such as Palmetto Expressway (FL-826), Okeechobee Road (U.S. 27), and the Florida Turnpike. The substantial size and weight of semis and 18-wheelers often result in severe injuries and significant property damage. Fortunately, Florida law offers avenues for seeking compensation in the aftermath of a truck accident. While the process can be intricate, our experienced Hialeah personal injury lawyers specialize in navigating the complexities of these cases. Our legal team has built a reputation for advocating against negligent truck drivers, uncooperative insurers, and reticent trucking companies, diligently working to construct robust cases and secure the highest possible compensation for victims.
  • Motorcycle Crashes: Being on Hialeah roads as a motorcyclist can be perilous, with heavy traffic downtown and scenarios like distracted drivers on Palmetto Expressway or unexpected collisions on U.S. 27. A reliable legal ally becomes crucial in times of uncertainty, especially when dealing with insurance, medical bills, and recovery. Understanding your rights and seeking proper assistance from a qualified attorney in Hialeah is the first step toward justice.
  • Bicycle Accidents: Florida leads the state in bicycle fatalities, and Hialeah is not exempt. If you or a loved one experienced a bicycle accident in the city, seeking the help of a Hialeah personal injury attorney is crucial. At Schilling & Silvers Property and Accident Attorneys, we specialize in protecting your rights and are well-versed in Florida’s bicycle accident laws.
  • Pedestrian Accidents: The city shares the inherent risks pedestrians face in bustling urban environments. When accidents involving pedestrians occur, you deserve the support of an experienced attorney. More than legal representation, it’s about securing justice for innocent pedestrians who become victims in the city they cherish.
  • Boating Accidents: Florida has more boating accidents than any other state in the country. Our law firm offers expert legal assistance in navigating the complexities of federal and state maritime laws. Committed to safeguarding your rights, we provide unwavering support through the legal process.
  • Bus Accidents: Hialeah’s vibrant streets are served by a comprehensive public transportation system, including the Hialeah Transit bus system. We know these accidents can be disorienting for victims. If you’ve suffered injuries in a public transit bus or school bus, our skilled lawyers at Schilling & Silvers Property and Accident Attorneys are here to help. Don’t let legal complexities exacerbate your pain; we’ll fight for your compensation, addressing medical bills, lost wages, and emotional fallout.
  • Nursing Home Abuse: In Hialeah, nursing homes offer care to the elderly, but sadly, cases of abuse can and do occur. If you’ve experienced or suspected abuse or neglect in a nursing home, navigating the legal aftermath can be complex. With a deep understanding of nursing home regulations, our attorneys strive to ensure victims receive the compensation and care they deserve. If you or a loved one has suffered nursing home abuse in Hialeah, let us be your advocates for justice and healing.
  • Wrongful Death: wrongful or accidental death in Hialeah can occur in many ways, whether it is a fatal car crash, a motorcycle accident, or a devastating truck wreck.  When facing the unbearable loss of a loved one due to negligence, we provide compassionate support and steadfast legal guidance during these difficult times. Let us help you navigate this challenging period with care and understanding.
  • Lyft and Uber Accidents: Ridesharing services like Lyft and Uber have become integral to the Hialeah experience, offering convenience and affordability. Whether you’re heading to or from the airport, a luxury resort, or a renowned restaurant, Lyft and Uber play a significant role in transportation. Yet, the convenience of ridesharing comes with the potential for accidents. Having a reliable advocate is crucial if you are in a collision while using Lyft or Uber in Miami-Dade County, Florida.
  • Premises Liability: Unexpected accidents like slips and trips can disrupt the enjoyment of a day out in Hialeah, Florida. Incidents which occur on another person’s property can lead to painful injuries and financial strain. When property owners neglect their duty to maintain a safe environment, our team can help you seek compensation and hold them accountable for their negligence. Don’t let an accident overshadow your experience; let us guide you towards justice.
  • Slip and Fall Accidents: Experiencing a slip and fall in Hialeah can be a traumatic ordeal, leading to severe injuries, substantial medical bills, and potential financial strain due to an inability to work. You may be eligible for compensation if your accident resulted from a property owner’s negligence. Seeking the expertise of a reputable personal injury attorney in Hialeah is crucial for navigating the legal complexities and securing the justice and compensation you deserve. While it won’t undo the injuries, it can give you and your family a sense of justice and peace of mind.
  • Dog Bites: Owning a dog in Hialeah can bring joy, but it’s crucial to recognize that dogs, despite being considered man’s best friend, are animals and can be unpredictable. Dog bites are serious emergencies, leading to injuries such as permanent scarring, broken bones, infections, and more.

Florida’s Negligence Laws in 2024

Florida’s legal landscape recently changed gears with the passage of House Bill 837, a comprehensive tort reform package. One key element is the modified comparative negligence rule, which alters how blame is apportioned in personal injury cases. Previously, even a tiny bit of fault could bar recovery. Now, as long as your contribution to the accident is less than 51%, you can still seek compensation, albeit adjusted proportionally. This shift could impact the types and values of personal injury lawsuits filed in the state.

Modified Comparative Negligence

Understanding the principles of Florida’s modified comparative negligence laws as they relates to personal injury cases in Florida is paramount. This legal framework acknowledges shared responsibility for accidents, with fault assigned as a percentage.

The 50% Bar Rule is crucial, barring recovery if a party is found 50% or more at fault. For those less than 50% at fault, compensation is reduced proportionately. If you are involved in a personal injury claim in Florida, grasping these concepts is essential.

Redefining the Blame Game: Unlike the previous system, where even a minimal share of fault could bar compensation, modified comparative negligence allows claimants to seek damages as long as their responsibility remains below 51%. If, for example, you bear 40% responsibility for an accident, you can still receive 60% of the total compensation.

Implications on Personal Injury Cases:

Wider Legal Scope: This modification may embolden plaintiffs who were once hesitant due to contributory fault, potentially leading to a rise in personal injury lawsuits.

Adjustment in Negotiation Dynamics: Insurance companies, cognizant of the revised law, may adapt their negotiation strategies. Early settlements might become more appealing to avoid the risk of a jury assigning more than 50% fault to the defendant.

Shift in Compensation Amounts: The degree of fault directly influences the final compensation. If you’re deemed 30% at fault, your damages will be reduced by 30%, impacting the ultimate payout.

Key Points to Remember:

* Modified comparative negligence is exclusive to personal injury cases, excluding property damage claims.

* Medical malpractice cases operate outside the 51% bar, enabling recovery even with higher contributory fault.

Navigating this nuanced legal terrain necessitates expertise. Seeking counsel from an experienced Hialeah personal injury lawyer is crucial to understanding your rights, evaluating your case’s viability, and skillfully navigating negotiations for the most favorable outcome.

Florida is a “No-Fault” State, What Does that Mean?

Navigating Florida’s legal landscape after a motor vehicle accident can be tricky because of Florida’s “no-fault” laws. This distinctive approach eliminates prolonged blame games and finger-pointing.

In the aftermath of an accident, regardless of fault, your personal injury protection (PIP) insurance becomes the immediate source of support. PIP covers up to $10,000 in medical bills and 60% of lost wages, ensuring swift access to critical care without the need for protracted legal battles.

However, it’s crucial to recognize the limitations of this system. In cases of severe injuries or damages surpassing PIP coverage, the traditional fault-based system comes into play, demanding legal proceedings for additional compensation.

While the no-fault mechanism provides immediate relief, a comprehensive understanding of its boundaries and your complete legal options becomes essential when navigating the intricacies of a car accident in Florida.

For a more detailed exploration of Florida’s no-fault car accident laws and to comprehend the full spectrum of your legal alternatives, contact a personal injury lawyer in Hialeah to guide you through the intricacies and provide expert legal counsel tailored to your specific situation.

What is the Process of Hialeah Personal Injury Claim?

  1. Seek Medical Attention: First and foremost, prioritize your health. Seek immediate medical attention and document any injuries thoroughly. This becomes crucial evidence later.
  2. Gather Evidence: While recovering, gather as much evidence as possible. This includes reports from the Hialeah police department, witness statements, photos of the accident scene and injuries, and any medical records.
  3. Consult a Personal Injury Attorney in Hialeah: Don’t go it alone. An experienced legal representative can navigate the legal complexities, assess your case’s merits, and advise you on the best course of action.
  4. Negotiation or Lawsuit: Depending on the severity of your injuries and the complexity of the case, your lawyer will attempt to negotiate a fair settlement with the insurance company. If negotiations fail, a lawsuit might be necessary.
  5. Trial Preparation: If it goes to trial, your lawyer will meticulously prepare your case, presenting evidence, witness testimonies, and expert opinions to convince the jury of your right to compensation.


  • The statute of limitations for personal injury claims in Florida: In Florida, you generally have four years from the date of the accident to file a personal injury lawsuit.
  • Evidence is key: The more evidence you have, the stronger your case and the higher your chances of securing fair compensation.
  • Seek professional guidance: A knowledgeable attorney can help ensure your rights are protected every step of the way.

What Can I Expect in Terms of Compensation For My Injuries?

Estimating potential compensation for your Hialeah personal injury claim involves considering various factors under Florida law. Economic damages, covering tangible losses such as medical bills, lost wages, future medical expenses, and property damage, require solid documentation for proof.

Non-economic damages, compensating for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life, rely on witness testimonies, medical records detailing your injuries, and evidence of your life before the accident.

Florida’s “modified comparative negligence” rule is another crucial aspect. If your fault is determined to be less than 51%, you can still receive compensation, albeit proportionally reduced.

The average personal injury claim payout in Florida varies widely, influenced by factors like injury severity, economic damages, and the strength of evidence.

For a realistic estimate tailored to your case, consulting with an experienced Hialeah personal injury lawyer, such as those at Schilling & Silvers Property and Accident Attorneys, is the best course of action. Their expertise can help you understand the intricacies of your claim and pursue the compensation you rightfully deserve.

Hialeah, Florida

If you’ve sustained injuries in Hialeah, FL, seeking quality medical treatment and therapy is paramount for your recovery.

RiteCare Physical Therapy is a trusted resource offering comprehensive physical therapy services. Their team of experienced professionals is dedicated to helping individuals regain functionality and alleviate pain through personalized rehabilitation programs.

Rehab 4All Therapy Center is another valuable option specializing in various therapy services. Their skilled therapists focus on enhancing mobility, promoting healing, and improving overall well-being. Whether you need physical, occupational, or speech therapy, Rehab 4All is committed to providing individualized care tailored to your needs.

For holistic medical care and therapy services, Wellness Therapy & Medical Care Center stands out. With a multidisciplinary approach, they offer a range of therapies and medical services aimed at addressing both physical and emotional aspects of health. Their dedicated team strives to create personalized treatment plans to support your recovery journey.

When dealing with injuries, accessing the right resources is crucial, and these reputable centers in Hialeah can play a significant role in your healing process.

Accident and Injury Attorneys in Hialeah, Florida

As experienced accident and injury attorneys in Hialeah, Florida, our legal team brings a wealth of experience and a steadfast commitment to our clients. With a proven track record in personal injury law, we have successfully navigated a myriad of cases, providing dedicated and relentless advocacy for those who have been harmed.

Our team is determined to fight for your rights, guide you through the legal process, and seek the justice and compensation you deserve. Trust in our experience, and let us stand by your side on your journey to recovery.

In addition to Hialeah we also serve Miami Lakes, Opa-locka, Golden Glades, Doral, Wynwood, Miami Gardens, Palm Springs North, Miami Shores, Fort Lauderdale, and more.