Our West Kendall personal injury lawyers at Berger & Hicks, P.A. represent injured individuals and families across West Kendall, The Hammocks, Kendale Lakes, and surrounding South Miami-Dade communities.
An injury changes your daily life before you have time to plan for it. Medical bills arrive before you leave the hospital. Insurance adjusters call before you finish treatment. Deadlines start running before you understand your legal options.
We handle the legal process while you focus on recovery. Call (305) 670-7050 for a free consultation. There is no fee unless we recover for you.
Schedule Your ConsultationWhat Types of Personal Injury Cases Do Our West Kendall Lawyers Handle?
Berger & Hicks, P.A. represents individuals who have been injured due to another party’s negligence, recklessness, or failure to maintain safe conditions. Personal injury law spans a wide range of scenarios, and each case requires a strategy tailored to the specific facts, evidence, and legal issues involved.
Our personal injury attorneys in West Kendall can assist with:
Motor Vehicle Accidents
Motor vehicle accidents are among the most common personal injury claims in the West Kendall area, including car crashes, truck collisions, motorcycle accidents, rideshare incidents, and pedestrian strikes.
In 2024, Miami-Dade County reported 60,000 crashes, resulting in 272 fatalities and 29,359 injuries. Major roadways near West Kendall, such as SW 137th Avenue, Kendall Drive, and the Florida Turnpike, experience heavy traffic, which increases the risk of serious collisions.
These cases often involve complex insurance disputes, accident reconstruction, and multiple potentially responsible parties.
Premises Liability and Negligent Security
Property owners in West Kendall have a legal duty to maintain reasonably safe conditions for visitors. When that duty is not met, injuries can occur in situations such as slip and falls in commercial properties, trip hazards in apartment complexes, or criminal acts linked to inadequate security.
Florida law requires injured individuals to show that the property owner knew or should have known about the dangerous condition, which makes early investigation and evidence preservation especially important.
Product Liability
Defective products can cause serious injuries, and in those cases, manufacturers, distributors, or retailers may be held accountable under Florida’s strict liability laws. These claims often focus on whether the product’s design, manufacturing process, or warnings were unreasonably dangerous.
Building a strong case typically requires detailed technical evidence and a careful evaluation of how the defect contributed to the injury.
Medical Malpractice
Medical malpractice occurs when a healthcare provider’s care falls below the accepted standard and causes harm to a patient. These cases are governed by specific Florida requirements, including presuit notice and the need for expert medical opinions before filing a lawsuit.
Because of these procedural steps, early legal involvement is essential to preserve the claim and ensure compliance with the law.
Ask Berger & Hicks, P.A.
Q: How much does it cost to hire a personal injury lawyer in West Kendall?
A: Hiring a personal injury lawyer at Berger & Hicks, P.A. costs nothing up front. We work on a contingency fee basis, which means there is no fee unless we recover compensation for you. We advance all case costs during the process, and consultations are free. This arrangement removes the financial risk of pursuing a claim.
Q: What if the insurance company already made me an offer after my accident?
A: Speak with an attorney before signing anything. Insurance companies frequently extend quick offers before the injured person finishes medical treatment or understands the long-term impact of the injury. An early insurance offer after an accident in West Kendall may not reflect the fair value of your claim.
Q: Do I have a personal injury case if I did not go to the hospital right away?
A: Yes. A delay in seeking medical treatment does not automatically disqualify a personal injury claim. Seek prompt medical attention because gaps between the accident and the first medical visit may give the insurance company grounds to argue that the injury was not serious or was caused by something else.
What Is the Personal Injury Claims Process in Florida?
Most personal injury claims in Florida move through a predictable series of stages, even though no two cases follow the same timeline. Understanding how this claims process works helps reduce uncertainty during an already difficult time.
How Does a Personal Injury Claim Begin?
A personal injury claim begins with an investigation of the facts. Your attorney reviews the circumstances of the injury, collects initial evidence, identifies the responsible parties, and determines which insurance policies may apply.
In motor vehicle cases, for instance, this includes obtaining the police report, reviewing available camera footage, and identifying all involved drivers and their insurance carriers.
What Happens During the Medical Treatment Phase?
Your medical treatment drives the timeline of your case. Settling a claim before treatment is complete risks undervaluing future medical needs.
Your attorney monitors your treatment progress and gathers medical records, bills, and provider opinions that document the full scope of your injuries. Gaps in treatment may weaken a claim, so staying consistent with prescribed care matters both for recovery and for the legal case.
When Do Settlement Negotiations Start?
Once treatment reaches maximum medical improvement (MMI), your West Kendall injury attorney prepares a demand package. This document presents the evidence of liability, the full extent of your damages, and a supported compensation figure. The insurance company reviews the demand, and negotiations follow.
Many personal injury cases resolve during this phase. However, if the insurance company refuses to offer fair compensation, filing a lawsuit may be the appropriate next step.
Does Every Personal Injury Case Go to Trial?
Most personal injury cases settle before trial. However, having a personal injury lawyer who is prepared to litigate may influence how seriously the insurance company treats the claim.
Martin Berger and Zachary Hicks are trial-ready attorneys who have presented cases before Miami-Dade County juries. That preparation begins on day one, not after negotiations fail.
What Deadlines Apply to Personal Injury Claims in Florida?
Most negligence-based personal injury claims in Florida must be filed within two years from the date of injury under Florida Statute § 95.11(5)(a). The two-year clock applies to car accidents, slip-and-fall injuries, and most other negligence claims. Missing it may permanently eliminate your right to pursue compensation.
However, some personal injury claims operate under different deadlines:
- Product liability claims generally carry a four-year statute of limitations, under Florida Statute § 95.11(3)(d), which may run from when the facts giving rise to the claim were discovered or should have been discovered
- Medical malpractice claims have their own two-year deadline with specific pre-suit requirements that must be completed before a lawsuit is filed.
- Claims against government entities require written notice within a separate timeframe under Florida Statute § 768.28.
Our personal injury attorney in West Kendall may evaluate which deadlines apply to your specific situation.
What If the Insurance Company Says You are Partly to Blame for the Accident?
You may still be able to recover compensation under Florida’s modified comparative negligence rule.
Under Florida Statute § 768.81, any person found more than 50% at fault for their own injury is barred from recovering damages entirely. If your fault is 50% or less, your compensation is reduced by your percentage of responsibility.
An insurance company claiming you share fault for your accident is one of the most common tactics adjusters use to reduce or eliminate a payout. Adjusters may argue you were speeding, distracted, failed to take reasonable precautions, or contributed to the severity of your injuries by delaying medical treatment.
These arguments are designed to push your fault percentage to the 51% threshold, at which point recovery disappears completely. Having an attorney who knows how to counter fault-shifting strategies and who is prepared to present the case to a Miami-Dade County jury may protect your right to recover.
What Compensation Can a Lawyer Recover for a Personal Injury in West Kendall?
The value of a personal injury claim depends on the severity of the injury, the strength of the liability evidence, the extent of financial losses, and the impact on daily life. No two cases produce the same result.
A successful West Kendall personal injury claim may include compensation for:
- Past and future medical expenses, including emergency care, surgery, rehabilitation, and prescriptions
- Lost income from missed work during recovery
- Reduced earning capacity if the injury limits future employment opportunities
- Pain and suffering, including physical discomfort and emotional distress
- Loss of enjoyment of life when the injury prevents participation in activities that mattered before the accident
- Out-of-pocket costs such as transportation to appointments, household help, or assistive equipment
Insurance companies routinely undervalue claims by focusing only on current medical bills. An experienced attorney evaluates the full financial and personal impact of the injury, including expenses yet to be incurred.
How Is Working with Berger & Hicks, P.A. Different from Other Firms?
The West Kendall and broader South Miami-Dade area is saturated with billboard advertising from high-volume personal injury firms. Many of these operations sign up large numbers of cases and assign them to case managers or junior staff. Berger & Hicks, P.A. operates differently.
Who Handles My Case?
Martin Berger and Zachary Hicks personally manage every case the firm accepts. You communicate directly with your attorneys throughout the process, not through a rotating intake team.
Martin brings 32 years of litigation experience and an AV Preeminent rating. Zachary brings 21 years of experience and Super Lawyers recognition. Both have practiced in Miami-Dade County courts for their entire careers.
Why Does Selective Case Intake Matter?
We are intentionally selective about the cases we take. This allows us to invest the time, attention, and resources each case requires. We do not take cases we do not believe in, and we do not spread ourselves thin across hundreds of files.
When we take your case, we commit to it fully, from the initial investigation through resolution or trial.
Does Berger & Hicks, P.A. Serve Spanish-Speaking Clients?
Yes. Zachary Hicks became fluent in Spanish while serving in the Peace Corps. We handle consultations, case updates, and legal proceedings in both English and Spanish.
West Kendall is a diverse, bilingual community, and language barriers do not have to stand between an injured person and quality legal representation.
Schedule Your ConsultationCommon Questions for Our West Kendall Personal Injury Lawyers
How long does a personal injury case take in Miami-Dade County?
There is no set timeline. The length of a personal injury case depends on factors like the severity of your injuries, the duration of your medical treatment, the complexity of any disputes, and whether the case settles or goes to trial. Our injury attorneys can help you understand the potential timeframe for your case.
What if the at-fault driver in my accident was uninsured?
You may still recover through your own auto policy. Florida insurers generally must offer uninsured/underinsured motorist coverage with auto liability policies, but drivers may reject this coverage in writing. If the at-fault driver lacks insurance, your own UM/UIM coverage may provide a source of recovery.
Does filing a personal injury lawsuit mean going to court?
No, filing a lawsuit does not necessarily mean appearing in court for a trial. Many personal injury cases settle during the litigation phase through negotiations or mediation. Filing the lawsuit preserves your legal rights and may increase leverage during settlement discussions.
What happens if my personal injury case involves a government vehicle or property?
Claims against government entities in Florida follow different rules from claims against private parties. Florida's sovereign immunity waiver under Florida Statute § 768.28 requires written notice to the appropriate government agency before filing suit. Damage caps and specific procedural requirements also apply.
Move Forward After a West Kendall Personal Injury, Call Berger & Hicks, P.A.
The decisions you make in the weeks after an injury affect the strength of your legal claim for months or years to come. Evidence fades, deadlines pass, and insurance companies build their defense strategies while injured people wait. Early legal consultation protects your options without any financial risk.
Berger & Hicks, P.A. offers free consultations and takes personal injury cases on a contingency fee basis. Hablamos español. Call us at (305) 670-7050. We are ready to listen to what happened and help you understand the path forward.
Schedule Your Consultation