How Can We Help You with Your Personal Injury Case?
We meet with the clients; we evaluate their case, we take down as much information as we can, and we investigate.
Sean M. Cleary
Top Rated personal injury Attorney in Miami
Serious personal injuries occur as a result of motorcycle accidents (50,000 serious injuries and 2,300 deaths each year), train accidents (820 deaths occur in about 2,500 accidents every year), ATV accidents (97,200 injuries and 340 fatalities in 2015), and boating accidents (4,463 injuries and 701 deaths occurred in 2016).
Mr. Sean M. Cleary and his team have extensive experience providing compassionate assistance to families of victims who have suffered brain injury and wrongful death due to someone else's misconduct.
Contact Sean M. Cleary, Miami Personal Injury Lawyer
Sean M. Cleary is a highly accomplished personal injury lawyer representing clients who have suffered various types of injuries. He has many years of experience advancing his clients' legal rights in state and federal courts.
By demonstrating that negligence caused injuries, Mr. Cleary has helped numerous individuals obtain compensation for:
Physical and mental suffering
Loss of income
Reduction in lifestyle
As one of the most skilled personal injury lawyers in Miami, Sean M. Cleary is dedicated to helping victims receive substantial settlements that allow them to be compensated for the damages caused by injuries.
How Can The Law Offices of Sean M. Cleary Help with a Personal Injury Case?
The Law Offices of Sean M. Cleary is a trial litigation firm whose dedicated legal professionals have considerable experience in these areas of law.
Also, they are skilled in aggressively advancing the legal rights of clients injured as a result of a physical and sexual assault, dog bites, contaminated food and retail negligence, such as slip-and-fall accidents.
There are three main groups of personal injury claims, based on:
Negligence: A person's negligence caused the accident that injured the plaintiff.
Strict liability holds manufacturers and designers strictly liable for injuries resulted from defective products. In such cases, the plaintiff (the injured person) has to prove that the product was either designed or manufactured in a manner that made it unreasonably dangerous when used as intended.
Intentional wrongs can also be the basis for personal injury claims though they are rarer than other types of injury causes and they involve the defendant's intention of causing harm.
A viable personal injury case involves proving the other party had a legal duty to exercise reasonable care and the duty was breached.
Personal injury law is also known as tort law and is designed to protect you if you are injured or harmed because of someone else's acts or failure to act. In a successful tort legal action, the defendant compensates the plaintiff.
Every tort claim deals with two main issues - liability and damages:
Was the defendant accountable for the injuries you've suffered, and, if so, what is the extent and the nature of your losses?
If you can show evidence of the liability and the damages, you can receive compensation for your loss.
The discovery phase in litigation refers to the pre-trial period during which the attorneys and the parties have the opportunity to find out what their positions are and what they are going to say regarding the case. Additionally, during this period, each party can use the so-called means of discovery, such as requests for production of documents or requests for admissions and depositions. Based on what happens during the discovery phase, parties can decide whether to settle the case or go to trial.
How to Prove that Someone's Negligence Led to Your Injuries? »
In order to prove that someone's negligence led to your injuries, you will have to show that the negligent person or company had a duty of care which was breached, and the breach of duty was the reason for your injury, which in turn, resulted in financial damages and losses.
Can You Receive Compensation for Minor Injuries in Miami? »
Yes, you can receive compensation for minor injuries but your claim could have a small value. However, for certain body areas like the neck, even a small injury can cause severe pain, and the healing process can be long and challenging. Therefore, even if your injuries were minor, you should be entitled to compensation for your medical costs, for lost wages, for pain and suffering, and for any other losses.
Can I Still Recover Compensation If I Am Partially at Fault for the Accident? »
Yes, you can still recover compensation even when you are partially at fault for your personal injury. However, your percentage of fault will reduce the amount that you'll be able to recover. In Florida, your recovery is limited to whatever percent you were negligent. For example, for 25% negligence, your damages decrease by 25%.
What Is the Statute of Limitations for Personal Injury Cases in Miami? »
The statute of limitations for personal injury cases, in Florida, can vary as there are numerous exceptions to these laws. However, if you are worried about losing your right to sue, you should consult a lawyer as soon as possible. In general, personal injury lawsuits must be filed within four years after an accident. For example, if you are injured on January 1, 2016, you must submit a Florida personal injury claim by January 1, 2020.