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    Personal Injury

    Accidents happen every day in Miami, often leaving victims with serious injuries, medical bills, and lost wages.

    Whether the injury occurs in a car crash, a slip and fall, or a workplace incident, personal injury law provides a path for victims to recover compensation.

    Navigating a personal injury claim can be difficult, especially when insurance companies work to minimize payouts. You need a lawyer who can explain the legal process, Florida’s personal injury laws, and what to expect when filing a claim.

    If an accident injured you, we invite you to contact us at (888) 570-5677 today to speak to an experienced Miami personal injury lawyer.

     

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    Why Choose Your Insurance Attorney for Your Personal Injury Case?

    Over $1 Billion Recovered Badge

    Not all law firms are the same.

    When you need a Miami personal injury lawyer, here’s why Your Insurance Attorney is the right choice:

    • We Take on Insurance Companies Head-On – Our firm was built on standing up to insurance companies and fighting their unfair tactics. We know how they operate and how to maximize your payout.
    • Millions Recovered for Clients – We have successfully handled countless personal injury claims, recovering substantial settlements and verdicts.
    • No Fees Unless We Win – You don’t pay us anything unless we secure compensation for you. We work on a contingency fee basis.
    • Aggressive Negotiation, Trial-Ready Representation – While we negotiate skillfully, we are always prepared to take your case to court if necessary.
    • Personalized Legal Attention – You are not just a case number. We provide dedicated, one-on-one legal support and guidance every step of the way.

    Your Insurance Attorney is trusted, experienced, and ready to fight for you.

    How Your Insurance Attorney Handles Personal Injury Cases

    When you work with Your Insurance Attorney, we handle every aspect of your case, allowing you to focus on your recovery.

    Our approach includes:

    1. Free Case Evaluation – We assess your case and determine the best legal strategy.
    2. Investigation & Evidence Gathering – We collect medical records, witness statements, police reports, and expert opinions.
    3. Filing Your Claim – We handle all legal paperwork and ensure that insurance companies receive the necessary documentation.
    4. Negotiation with Insurance Companies – We fight for a full and fair settlement and refuse to accept lowball offers.
    5. Litigation & Trial Representation – If the insurance company refuses to pay what you deserve, we take your case to court and fight for justice.

    You don’t have to take on the legal system alone—our attorneys will handle everything for you.

    The Your Insurance Attorney Advantage – What Sets Us Apart

    At Your Insurance Attorney, we pride ourselves on providing relentless advocacy for injury victims.

    What makes us different?

    • Well-Versed in Insurance Disputes – Many personal injury cases involve insurance companies looking to minimize payouts. We know their strategies and how to beat them.
    • 24/7 Availability – Accidents don’t wait for business hours. We are available when you need us most.
    • Experienced Trial Attorneys – Some law firms settle quickly to avoid trial. We prepare every case as if it’s going to court, ensuring the best possible outcome.
    • Commitment to Client Success – We put your needs first, keeping you informed at every step and fighting for the maximum compensation.

    We don’t let insurance companies take advantage of you—we fight for the justice you deserve.

    Insurance Companies Don’t Want You to Hire Us—Here’s Why

    Insurance companies know that once Your Insurance Attorney is involved, they can’t get away with their usual tactics.

    They try to:

    • Delay claims, hoping you’ll accept a lower settlement out of desperation.
    • Deny liability, blaming the victim for their injuries.
    • Undervalue claims, offering far less than what you deserve.
    • Pressure you to settle quickly, before you understand the full extent of your damages.

    When we step in, we turn the tables on the insurance companies, forcing them to play fair or face legal consequences.

    No Upfront Costs – You Don’t Pay Unless We Win

    One of the biggest concerns for injury victims is the cost of legal representation.

    At Your Insurance Attorney, we work on a contingency fee basis—this means:

    • No upfront fees – We don’t charge anything to start your case.
    • No hourly rates – You won’t get surprise legal bills.
    • We only get paid if we win – Our success is directly tied to your success.

    There is no financial risk to hiring our firm—only the opportunity to secure the compensation you deserve.

    What Is a Personal Injury Case?

    A personal injury case arises when someone suffers harm due to another party’s careless, reckless, or intentional actions. The injured person, known as the plaintiff, can file a legal claim against the responsible party, the defendant, to seek compensation.

    The foundation of most personal injury cases is negligence, which means proving:

    • The defendant owed a duty of care to the plaintiff
    • The defendant breached that duty through negligent or reckless behavior
    • The breach caused the plaintiff’s injuries
    • The plaintiff suffered damages as a result

    Personal injury law applies to a variety of cases, from minor injuries that require a few doctor visits to catastrophic injuries that result in lifelong disabilities.

    Common Types of Personal Injury Cases in Miami

    Miami’s busy roads, vibrant nightlife, and tropical weather create hazards that frequently lead to accidents.

    Some of the most common personal injury claims in Miami include:

    • Car accidents, which are common due to heavy traffic, aggressive driving, and distracted motorists
    • Truck accidents involving commercial vehicles and 18-wheelers, often leading to severe injuries due to their size and weight
    • Motorcycle accidents, which frequently result in catastrophic injuries due to the lack of protection
    • Slip and fall accidents in businesses, restaurants, and public spaces, often caused by wet floors, uneven surfaces, or poor lighting
    • Boating accidents in Miami’s waterways, including those caused by intoxicated or inexperienced operators
    • Bicycle and pedestrian accidents, which are common due to high foot traffic and inadequate bike lanes
    • Construction accidents, including falls from scaffolding, electrocutions, and machinery malfunctions
    • Wrongful death claims, which allow surviving family members to seek compensation when a loved one dies due to another’s negligence

    Each type of accident presents unique legal challenges and requires strong evidence to hold the responsible party accountable.

    What to Expect from the Insurance Company

    Insurance companies prioritize their financial interests over compensating injury victims. They often use tactics to reduce claim payouts or deny claims altogether.

    Common insurance company tactics include:

    • Delaying claims to pressure victims into accepting a lower settlement
    • Denying liability by arguing that the victim was partially or fully at fault
    • Disputing the severity of injuries to avoid paying for long-term treatment
    • Requesting recorded statements and using them against victims later
    • Offering low settlements quickly before victims understand the full extent of their injuries

    An experienced Miami personal injury lawyer can negotiate with insurance companies and fight for fair compensation.

    Florida’s Personal Injury Laws and Statute of Limitations

    Florida law imposes strict deadlines for filing personal injury claims.

    Under the revised statute of limitations:

    • Injury victims generally have two years from the date of the accident to file a lawsuit
    • Wrongful death claims must be filed within two years
    • Property damage claims must be filed within four years

    If you don’t file suit before the deadline, you lose the right to seek compensation.

    Potential Damages in a Personal Injury Case

    Victims of personal injuries may be entitled to various types of compensation, including economic, non-economic, and, in some cases, punitive damages.

    Economic damages cover financial losses such as:

    • Medical expenses for hospital visits, surgeries, rehabilitation, and long-term care
    • Lost wages for missed work due to injuries
    • Reduced earning capacity if the injury prevents the victim from returning to their previous job
    • Property damage, including vehicle repairs or replacement

    Non-economic damages compensate for:

    • Emotional distress and psychological trauma
    • Loss of enjoyment of life due to permanent disabilities or chronic pain
    • Disfigurement or permanent scarring
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    Steps to Take After an Accident in Miami

    Taking the right steps after an accident can help protect legal rights and strengthen a personal injury claim.

    • Seek medical attention immediately, even if injuries seem minor, as medical records serve as key evidence
    • Call the police and file an accident report, especially in car accidents and public injury incidents
    • Gather evidence, including photos, witness contact information, and medical records
    • Avoid discussing fault or making statements to the insurance company without legal representation
    • Contact a Miami personal injury lawyer to evaluate legal options

    Act quickly after an accident to preserve evidence and meet deadlines.

    Proving Negligence in a Miami Personal Injury Case

    To successfully recover compensation, injury victims must prove that another party’s negligence caused their injuries.

    This requires strong evidence, which may include:

    • Police reports documenting the accident details
    • Surveillance footage or dashcam videos showing what happened
    • Medical records linking injuries to the accident
    • Eyewitness statements supporting the victim’s version of events
    • Expert testimony from accident reconstruction specialists or medical professionals

    An attorney can gather and present evidence to establish liability and secure maximum compensation.

    The Role of Comparative Negligence in Florida

    Florida follows a modified comparative negligence rule, meaning that victims can recover damages even if they were partially at fault, as long as they were not more than 50 percent responsible for the accident. However, compensation decreases based on the victim’s percentage of fault.

    Insurance companies often use this law to shift blame and reduce payouts, making legal representation critical.

    When to Accept a Settlement vs. Go to Trial

    Many personal injury cases settle out of court, but in some cases, going to trial is necessary to obtain fair compensation.

    A settlement may be the best option if:

    • The offer fully covers medical expenses, lost wages, and pain and suffering
    • Liability is clear, and the insurance company agrees to pay fairly
    • The victim wants a faster resolution without prolonged litigation

    Going to trial may be necessary if:

    • The insurance company refuses to offer a fair settlement
    • Liability is disputed, and strong evidence is needed to prove the case in court
    • The case involves severe injuries with long-term medical needs

    A personal injury lawyer can assess whether a settlement offer is fair or if taking the case to trial is in the victim’s best interest.

    How Personal Injury Claims Differ From Workers' Compensation Claims

    Personal injury claims and workers’ compensation claims both involve injuries, but they operate under different legal frameworks.

    • Personal injury claims require proving that someone else was negligent or at fault for the injury. Compensation may cover both economic and non-economic damages, including pain and suffering.
    • Workers’ compensation claims do not require proof of fault. Employees injured on the job can receive benefits, but these benefits typically only cover medical expenses and lost wages—not pain and suffering.

    Some cases may involve both types of claims. For example, if a third party injures a worker on the job, they may file both a workers’ compensation claim and a personal injury lawsuit.

    Can You Sue for Emotional Distress in a Personal Injury Case?

    Victims of accidents in Miami often experience severe emotional distress in addition to physical injuries.

    Florida law allows victims to seek compensation for emotional distress if they can prove that the accident caused their suffering.

    Examples of emotional distress damages include:

    • Anxiety, depression, or post-traumatic stress disorder (PTSD)
    • Difficulty sleeping or nightmares related to the accident
    • Loss of enjoyment of life due to physical limitations
    • Fear of driving or engaging in activities due to trauma

    Documenting emotional distress through medical records, therapy sessions, or psychiatric evaluations can help strengthen a claim.

    What If the At-Fault Party Doesn’t Have Insurance?

    Uninsured and underinsured drivers pose a significant problem in Miami.

    If the at-fault party lacks insurance, victims may still have options:

    • Filing a claim under their own uninsured/underinsured motorist (UM/UIM) coverage, if they have it
    • Pursuing legal action against the at-fault party directly, though collecting compensation may be challenging
    • Seeking compensation through other responsible parties, such as employers or vehicle manufacturers, depending on the circumstances

    An attorney can help assess the best strategy for recovering damages in cases involving uninsured drivers.

    How Long Does a Personal Injury Case Take to Settle in Miami?

    The timeline for resolving a personal injury case varies depending on the complexity of the claim, the severity of injuries, and whether the case goes to trial.

    • Minor injury claims may settle within a few months if liability is clear
    • More serious injury cases requiring extensive medical treatment may take a year or more to reach a fair settlement
    • If a case goes to trial, it may take two years or longer to obtain a verdict

    While accepting an early settlement may seem tempting, it is often advisable to wait until the full extent of injuries and long-term medical costs are known.

    What If a Personal Injury Case Involves a Government Entity?

    If a government employee causes an accident or it occurs on public property, the case becomes more complex.

    Common claims against government entities in Miami include:

    • Injuries caused by unsafe conditions on public sidewalks, parks, or buildings
    • Car accidents involving city or county vehicles
    • Public transportation accidents involving Miami-Dade Transit buses or trains

    Florida law places special restrictions on claims against government entities, including shorter deadlines for filing lawsuits. Victims must first file a notice of claim with the appropriate agency before pursuing legal action.

    How Social Media Can Impact a Personal Injury Claim

    Many people use social media daily, but posting about an accident or injuries can hurt a personal injury case.

    Insurance companies and defense attorneys may monitor social media for evidence to discredit claims.

    • Posting photos or videos of physical activities can be used to argue that injuries are not as severe as claimed
    • Discussing the case publicly can provide information that insurance companies use to undermine the claim
    • Checking in at events or locations can contradict claims of emotional distress or physical limitations

    Limit social media activity and avoid discussing the case online until it resolves.

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    How Expert Witnesses Strengthen a Personal Injury Case

    Expert witnesses can provide critical testimony in a personal injury case to establish liability and the extent of damages.

    Common expert witnesses in Miami personal injury cases include:

    • Medical experts who explain the severity of injuries and long-term effects
    • Accident reconstruction specialists who analyze evidence to determine how an accident occurred
    • Economic experts who calculate lost wages and future financial impact
    • Mental health professionals who testify about emotional distress and trauma

    Using expert testimony strengthens a case and helps maximize compensation.

    What If a Personal Injury Claim Involves a Minor?

    When a child is injured due to another party’s negligence, Florida law allows parents or legal guardians to pursue compensation on their behalf.

    Common cases involving minors include:

    • Car seat or booster seat failures leading to injuries in crashes
    • Playground accidents due to poorly maintained equipment
    • School or daycare negligence resulting in harm
    • Medical malpractice cases involving birth injuries

    Settlements for minors may require court approval to ensure that funds serve the child’s best interests. Trust accounts may hold compensation until the child reaches adulthood.

    Can the Government Tax Personal Injury Settlements?

    Federal and Florida governments do not tax most personal injury settlements. Compensation for medical expenses, lost wages, and pain and suffering is generally tax-free.

    However:

    • Punitive damages, if awarded, are taxable as they are intended to punish the defendant
    • The government may tax interest earned on a settlement while waiting for payout
    • If deductions were previously taken for medical expenses that were later reimbursed through a settlement, you may need to report the amount deducted as income

    A tax professional can explain any potential tax obligations related to their settlements.

    What Happens If a Personal Injury Victim Dies Before Their Case Is Resolved?

    If a personal injury victim passes away due to their injuries before their case is resolved, the claim may convert into a wrongful death lawsuit.

    Surviving family members or estate representatives can continue pursuing the claim to recover damages for:

    • Funeral and burial expenses
    • Medical expenses incurred before death
    • Loss of companionship and support for surviving family members
    • Lost income the deceased would have earned

    A wrongful death lawsuit follows different legal procedures and deadlines than standard personal injury claims, making legal guidance essential.

    When Should You Hire a Personal Injury Lawyer?

    Not every accident requires legal representation, but hiring a lawyer is crucial when:

    • Injuries are severe and require extensive medical treatment
    • The insurance company refuses to offer fair compensation
    • Liability is disputed, and strong evidence is needed
    • The case involves a government entity or commercial company
    • A settlement offer is made before the full extent of injuries is known

    An attorney can handle negotiations, protect legal rights, and ensure that victims receive the full compensation they deserve.

    The Role of Medical Records in a Personal Injury Case

    Medical records play a crucial role in proving the extent of injuries and their impact on a victim’s life.

    These records should include:

    • Initial emergency room or urgent care visits after the accident
    • X-rays, MRIs, or CT scans showing internal injuries
    • Doctor’s notes about pain levels and recovery timelines
    • Prescription records for medications related to injury treatment
    • Physical therapy and rehabilitation progress reports

    Keeping detailed medical records strengthens a case and helps demonstrate the full impact of an injury.

    What If Your Accident Involves Multiple Liable Parties?

    Some personal injury cases involve multiple responsible parties, which can make determining liability more complex.

    For example:

    • A multi-car pileup may involve several drivers who share fault.
    • A truck accident could involve the driver, the trucking company, a parts manufacturer, or a cargo loading crew.
    • A construction site accident could involve subcontractors, property owners, or equipment manufacturers.

    Identifying all liable parties maximizes potential compensation by allowing claims against multiple insurance policies.

    How Do Pre-Existing Conditions Affect a Personal Injury Case?

    Insurance companies often argue that a victim’s injuries were pre-existing and not caused by the accident. However, under Florida’s eggshell plaintiff rule, victims are entitled to compensation even if they were more vulnerable to injury due to a pre-existing condition.

    For example:

    • Someone with a previous back injury may experience worsened spinal damage in a car accident.
    • A victim with osteoporosis may suffer more severe fractures in a slip and fall than an average person would.

    Medical records and expert testimony can help prove how the accident aggravated pre-existing conditions, strengthening a claim.

    How Does Comparative Negligence Impact Shared Fault Cases?

    Florida’s modified comparative negligence law affects how much compensation a victim can receive.

    • If a victim is found 20% at fault, their compensation is reduced by 20%.
    • If they are more than 50% at fault, they cannot recover damages.

    For example, if a pedestrian is struck by a car but was distracted by their phone, a court may assign partial fault, which can reduce their compensation. Proving a lower percentage of fault is crucial to maximizing recovery.

    What Are Pain Management and Future Medical Care Considerations in a Personal Injury Case?

    Many injury victims require long-term medical care beyond initial treatment. 

    Settlement amounts should consider:

    • Chronic pain management, including physical therapy or injections
    • Future surgeries if the injury worsens over time
    • Home modifications for disabilities, such as wheelchair ramps
    • Mental health counseling for PTSD or anxiety related to the accident

    A life care planner or medical expert can estimate future medical costs, ensuring victims seek a fair settlement.

    What If a Personal Injury Victim Is Incapacitated?

    Some accident victims suffer traumatic brain injuries (TBI), spinal cord injuries, or coma, making them unable to file a claim.

    In these cases:

    • A legal guardian or family member can file on their behalf.
    • If the victim recovers, they retain the right to pursue compensation.
    • If the victim dies, the case may transition into a wrongful death lawsuit.

    Having a power of attorney or legal representative can ensure the victim’s rights are protected even if they cannot advocate for themselves.

    How Do Insurance Policy Limits Affect Your Compensation?

    Even if a victim has a strong case, insurance policy limits can cap how much they receive.

    • Florida’s minimum auto insurance liability coverage is low compared to other states, meaning many drivers are underinsured.
    • If a negligent driver only has $10,000 in bodily injury coverage, but a victim has $100,000 in medical bills, their insurance policy won’t cover everything.
    • In these cases, an attorney may need to:
      • File a lawsuit against the at-fault driver’s personal assets.
      • Seek additional compensation from uninsured/underinsured motorist coverage (UM/UIM).

    Understanding insurance policy limits early in a case prevents surprises when negotiating settlements.

    What Are the Legal Implications of Hit-and-Run Accidents in Miami?

    Miami has one of the highest rates of hit-and-run accidents in Florida. In these cases, victims may have difficulty identifying the at-fault driver.

    Legal options include:

    • Filing a claim under their own uninsured motorist (UM) coverage
    • Gathering surveillance footage or eyewitness testimony to track down the driver
    • Working with law enforcement and private investigators to locate the vehicle

    Florida law imposes severe penalties for hit-and-run drivers, and a personal injury lawyer can assist in seeking compensation even if the driver is never found.

    How Are Catastrophic Injuries Handled in Miami Personal Injury Cases?

    Not all injuries are the same. Catastrophic injuries require a different legal strategy due to lifelong medical needs and permanent disability.

    Examples of catastrophic injuries include:

    • Severe burns requiring multiple skin grafts and surgeries
    • Traumatic brain injuries (TBI) causing memory loss or cognitive impairment
    • Spinal cord injuries leading to paralysis
    • Amputations resulting from car crashes or workplace accidents

    Because these injuries permanently impact a person’s life, settlements should include:

    • Lifetime medical expenses
    • Loss of future earning potential
    • Home healthcare and assistive devices

    A lawyer will often consult medical professionals, life care planners, and financial experts to determine a fair settlement amount for catastrophic injuries.

    What If the Insurer Denies Your Personal Injury Claim?

    Insurance companies regularly deny personal injury claims, even when victims have strong evidence.

    Common reasons for claim denials include:

    • Alleging insufficient evidence of negligence
    • Claiming the injury was pre-existing
    • Arguing the victim delayed medical treatment
    • Stating the policy does not cover the specific accident

    If a claim is denied, a personal injury attorney can:

    • Appeal the denial with additional medical and legal evidence
    • Negotiate directly with the insurer for reconsideration
    • File a lawsuit if the insurance company refuses to settle fairly

    Understanding the denial process and how to fight back can make the difference between walking away empty-handed and securing rightful compensation.

    What Happens If an At-Fault Driver Leaves the State?

    Miami is a popular destination for tourists and seasonal residents, which means some at-fault drivers leave Florida before a case is resolved.

    If the responsible party moves out of state:

    • A lawyer can file a lawsuit in Florida, where the accident occurred
    • The claim can be served through interstate legal agreements
    • The at-fault driver’s insurance policy remains in effect, regardless of their location

    Working with a lawyer ensures that out-of-state defendants do not escape responsibility simply by moving away.

    How Do Weather Conditions Affect Personal Injury Cases in Miami?

    Miami’s hurricane season, heavy rains, and tropical storms create unique hazards for accidents, including:

    • Flooded roadways leading to hydroplaning and car crashes
    • Strong winds causing falling debris injuries
    • Slippery surfaces increasing the risk of slip and falls

    Weather-related accidents may complicate liability. In some cases:

    • Property owners may be responsible if they failed to prepare for foreseeable weather hazards
    • Government entities could be liable if poor road maintenance contributed to an accident
    • Drivers can still be held accountable if they were speeding or ignoring hazardous conditions

    Miami’s climate presents unique challenges in proving liability, making legal representation essential.

    How Do Pre-Litigation Settlements Work in Miami Personal Injury Cases?

    Many personal injury cases in Miami settle before going to trial, avoiding the time and expense of litigation. A pre-litigation settlement occurs when both parties—typically the injured victim and the at-fault party’s insurance company—agree on a compensation amount before filing a lawsuit.

    Steps involved in pre-litigation settlements include:

    • Investigation and evidence collection – Gathering police reports, medical records, and witness statements to build a strong claim
    • Demand letter submission – The attorney sends a formal demand letter outlining the injuries, damages, and requested compensation
    • Negotiation process – The insurance company may accept, counteroffer, or deny the claim
    • Settlement agreement – If both parties agree, the victim signs a settlement release and receives compensation.

    While settling before litigation can be beneficial, insurance companies often lowball initial offers to save money. An experienced lawyer can negotiate aggressively to ensure fair compensation.

    How Long Will My Personal Injury Case Take?

    Many clients ask, “How long does a personal injury case take?” The timeline depends on:

    • The severity of your injuries and length of medical treatment.
    • The insurance company’s willingness to settle.
    • Whether the case goes to trial or settles out of court.

    At Your Insurance Attorney, we move quickly and aggressively to resolve cases, but we also refuse to accept lowball offers. We ensure that your claim is settled for what it’s truly worth, even if it takes time.

    Contact a Miami Personal Injury Lawyer Today

     

    If you or a loved one has been injured due to someone else’s negligence, you have the right to seek compensation. A Miami personal injury lawyer can guide you through the legal process, protect your rights, and fight for the financial recovery you deserve.

    Call (888) 570-5677 today for a free consultation to discuss your case and explore your legal options. Acting quickly can make all the difference in securing the best possible outcome.

    Schedule A Free Consultation

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    2601 South Bayshore Drive 5th Floor
    Miami, FL 33133
    Ph: 888-570-5677

    Client Testimonials

    Pat c
    I highly recommend Zachary Doniger as your personal injury attorney. I was involved in a car accident for the first time and I was not at fault. Zach and the rest of the team eased my mind, guided me and answered my questions about the whole process. They keep you updated and promptly respond to you . Definitely great customer service and professionalism. . I am also very happy with the settlement I got, thanks to his outstanding negotiation skills I got a great offer from the insurance company.
    Livan Limonta
    It is a team worthy of admiration for their dedication and great professionalism. When the accident happened to me, I immediately contacted them through Nayra Cruz, who is part of that great team. As a person, publicist, and advisor, I have full credit for providing excellent service for their speed in answering your call.
    Shawn Poole
    Amazing work, great communication and wonderful service and keep up the great work Will highly recommend y'all to any one.
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    I recently reached out to Attorney Brian and was blown away by his expertise and dedication. He is not only incredibly knowledgeable but also truly cares about his clients. Brian took the time to explain everything to me in detail. I highly recommend Your Insurance Attorneys for any insurance-related legal needs!
    Ajani Booth
    Definitely one of the best experiences with an attorney that I've had in a long while. Took what I thought was a complicated case & simplified it for me. Got what I needed in the end + then some. Would recommend to anyone!

    We don’t get paid unless you do.

    Don’t settle for a lowball amount or suffer in silence when an insurance company denies your claim. We can review your case for free and we don’t take a penny unless we win.

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