Practice Areas

Individuals whom have been seriously injured by the negligent or wrongful actions of others have the right to obtain legal compensation for their damages including but not limited to present and future medical bills, lost wages, pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, loss of consortium, and other expenditures. The aforementioned may result in many unanswered questions by injured parties. Jose R. Perez, P.A. is here to answer these questions and provide firm representation needed to handle personal injury claims.

Auto Accidents

Everyday auto accidents occur across South Florida. Every auto accident is different, each resulting in differing levels of damages, injuries and losses. While most auto accidents are caused by another driver's negligence or momentary lapse of attention, some accidents are caused by reckless behavior. Common acts of negligence include failing to yield the right of way, rear-ending a vehicle, running a stop light or stop sign or an unsafe lane change. Common acts of reckless disregard occur when a driver operates a vehicle at extreme high speeds, drives under the influence of alcohol or drugs or races another vehicle. In Florida, if the other driver is negligent, the injured individual should be entitled to property damage, present and future medical bills and expenses, pain and suffering, mental anguish, lost wages and/or lost income. If the negligent driver was also reckless the victim may be entitled to punitive damages or special damages, in addition to his or her actual damages.

Our Firm understands not only the rules of the road and the special duties imposed on commercial and public carriers, but we also work on a regular basis with investigators and/or experts to determine answers to complex scientific and/or engineering questions that can form the underlying cause of a loss. Over the years we have found that by determining these answers can sometimes unravel how an accident occurred on the roadways, highway, intersection and who was at fault. Our Firm is experienced in handling car crash cases and auto accident losses involving:

• Drunk Driving Losses
• Rear End Collisions
• Intersection Accidents
• Hit and Run
• Passenger Injuries
• Motorcycle Accidents
• Semi-Truck and Tractor Trailer Crashes
• Pedestrian Accidents
• Uninsured Motorists

Slip and Fall

The Premises accident, referred to as a “slip and fall" describes the type of loss that occurs usually as a result of a defective surface, a slippery substance, or other dangerous conditions. These injuries will commonly occur at restaurants, supermarkets, and shopping malls. The fact that you are injured from a slip, trip, or fall does not necessarily mean that someone else is legally responsible for your injury. The owner or operator of a business has a legal duty to maintain the premises in a reasonably safe condition, or at least warn the public of a dangerous condition that they caused, were aware of, or should have been aware of. If these tests are not met, and you injure yourself on their property as a result of their failure to meet these conditions, you may have a valid claim against the business owner or operator. Premises liability claims encompass a variety of injuries including but not limited to:

• Injuries sustained in elevators
• Injuries sustained in stores
• Injuries sustained in building corridors
• Injuries sustained outside on private or public land
• Injuries sustained in resorts
• Injuries sustained during recreational activities

Motorcycle Accident

Motorcycle accidents can be some of the most serious types of accidents you can be involved in, not only putting the driver of the motorcycle in serious harm but to anyone else involved. Injuries in these types of accidents range from minor road rash to even death and can also result in major long term damage both physically and mentally. You may be entitled to everything from damage to your motorcycle, medical bills, lost wages and even future damages as a result of the accident. Motorcycle accidents not only affect the ones directly involved but extend to one’s entire family.

Truck and Semi-Truck Collision and Injury

Each and every year truck accidents result in catastrophic injuries and deaths to the occupants of passenger vehicles. Every twelve months across the United States there are more than 400,000 accidents involving large trucks including commercial box trucks and tractor-trailer combinations such as 18-wheelers Tractor Trucks. In 2005 over 3,900 fatalities occurred in accidents involving 18-wheelers or some other combination-unit truck. That's an average of over ten deaths per day as a result of 18-wheeler truck accidents.

Today's drivers, operators and passengers must understand the dangers that are faced every day when we share the highways with 18-wheelers, tractor-trailers and other large trucks. When an 18-wheeler truck collides with a passenger vehicle, serious injury or death is likely to occur. If you have suffered personal injury or the injury or death of a loved one as a result of an 18-wheeler accident, you need to speak with an attorney who understands the magnitude of these cases and who has the experience to properly represent you and your family and prosecute your claim.

Our firm will fight to protect your rights. We are committed to helping victims of accidents involving serious injury or wrongful death. We are committed to winning and will help you get the compensation you and your family deserve.

The death of a loved one can be shocking and difficult to overcome, especially if it occurs as a result of an accident or is caused by someone being careless, negligent or acting in an intentionally wrongful way. If you have lost a family member, not only are you left with mourning and an irreplaceable void in your life, but you may also be worried about your financial future as you face the cost of medical bills and the absence of financial support the deceased would have provided to you but for the tragic death.

Our firm represents families and individuals in the Miami area and throughout Florida who have lost people they have loved due to negligence involving car crashes, construction accidents, medical mistakes and any other negligent act. Whether through negotiation and settlement or through litigation at any level of our state and federal courts, we strive to maximize our clients’ compensation and assist them get through this difficult time.

Under the law, individuals, companies and even government entities who cause a death as a result of their careless and negligent behavior can be held legally responsible. Wrongful death laws allow close family members such as spouses, minor children, or parents of minors who were killed to pursue a claim in a court of law to pursue compensation for:

• Medical bills that were incurred to treat the deceased’s injuries prior to the death
• Funeral costs and expenses
• Lost income/wages that the deceased would have earned over his lifetime and provided for support if the untimely death had not occurred
• Lost companionship to compensate surviving family members for the loss of the important relationship in their life

Determining an appropriate amount of wrongful death damages can be difficult, especially evaluating lost companionship and a lifetime of lost earnings. You may require expert witnesses such as actuarial experts to provide information on life expectancy and on earning potential of the deceased. A wrongful death lawyer can help you to build a very strong case so you will get the full compensation that you both need and deserve after your family member has been taken from you.

Any time a doctor or healthcare provider offers substandard care to a patient below the level of care that a reasonable provider would have offered, the provider can be held legally responsible for the injuries. Some of the different types of situations that can result in a care provider being held responsible for medical malpractice can include:

• Misdiagnoses
• Delayed diagnosis or failure to diagnose a medical problem
• Surgical mistakes such as operating on the wrong patient or wrong body part
• Failure to monitor drug interactions
• Administering or prescribing the wrong medication or the wrong dose
• Lab test errors
• Birth injuries
• Inadequate hospital policies regarding staffing or cleanliness

Our firm may assist you in many important ways if you suspect you were the victim of malpractice, including but not limited to obtaining your medical records so they can be reviewed by an expert for evidence of mistakes or errors, obtain an expert to testify on your behalf about how substandard medical care harmed you, and negotiating a settlement or presenting evidence to a jury.

Advising clients on the probate and administration of decedent’s estates is also an area of primary importance for the firm and its clients. In most cases, when an individual is appointed as the Administrator or Executor of an estate he or she is responsible for fiduciary accountings and certain other reporting requirements to the Court. Probate law, as well as the probate and administration processes in Florida can be confusing and difficult to navigate without the proper guidance and knowledge. Our firm can assist appointed fiduciaries with the probate process and throughout the administration of trusts and estates to ensure that they meet their legal obligations to the beneficiaries and heirs as well as the Court. Our firm has experience in Summary and Formal Administration proceedings.

When dealing with a residential or commercial real estate transaction, a knowledgeable lawyer can help protect your hard-earned interests.

Our firm stands ready to assist you with the:

• Purchase or sale of residential or commercial property
• Drafting, reviewing and negotiating commercial real estate contracts and all the required closing documents
• Formation of real estate LLC
• Purchase of an existing business with real estate holdings

Title Insurance

An owner's title insurance policy warrants the property you are purchasing is free and clear of defects and encumberances. Coverage encompasses compensation and financial losses you may incur to defend your ownership interest. Furthermore, pay claims brought against you associated with liens or other issues. The coverage is effective as long as you or your heirs possess an ownership interest in the property. Florida law sets the risk premium and is the same for all agents because it is based on the purchase price of the property. Jose R. Perez, P.A. can provide you with a title insurance attorney that is thoroughly educated in the complexities of real estate law.

At Jose R. Perez, P.A., a title insurance lawyer will conduct a comprehensive analysis of public records pertaining to the chain of title to your property. Examples of defects that could arise during the investigation include faulty legal descriptions, construction liens, instruments signed by minors or those without the legal capacity to sign, or errors or omissions made when the instruments were publicly recorded. Other defects include:

• Forged deeds
• Liens
• Undisclosed heirs
• Outstanding judgments
• Unrecorded easements
• Unsatisfied mortgages

If any defects are found, an attorney from Jose R. Perez, P.A. can determine the necessary steps to remedy them.

If you were injured at work, you are entitled to worker's compensation benefits. You have the right to recover compensation through your employer's insurance company, regardless of fault.

At Jose R. Perez, P.A. we offer an aggressive representation for clients with work-related injuries. Our law firm is committed to helping injured workers recover the full amount of worker's compensation benefits they are entitled to receive.

We also pursue additional compensation for injured workers if a third party such as subcontractor or manufacturer can also be held liable for their injuries.

At Jose R. Perez, P.A., we handle all types of criminal matters in state, federal and juvenile court. Our firm has extensive experience in all criminal matters and excels in defending drug offenses (i.e., cocaine and marijuana trafficking and possession), fraud offenses (i.e., mortgage fraud, credit card fraud, staged accidents and Medicare fraud), domestic violence offenses (i.e., assault and battery), sex offenses (i.e., sexual battery and child sex abuse cases) and internet crimes.

If you are in need of business counsel, Jose R. Perez, P.A. can provide representation from inception to winding down of a business. From forming, restructuring and dissolving all types of business entities. Buying and selling businesses and real estate. Drafting and negotiating legal agreements and resolving commercial and partnership disputes. We can efficiently and effectively represent your business’ legal needs.

International Business Organization

Jose R. Perez, P.A. represents businesses and individual clients in many phases of commerce, finance, investments, real estate development, licensing distribution arrangements, and transactions. We assist our clients in both inbound and outbound activities and transactions.

For inbound representation, we assist clients in structuring and implementing acquisitions, investments, joint ventures, and financings. For outbound representation, we assist U.S. clients in structuring and effectuating the acquisition and disposition of businesses in foreign jurisdictions, and in structuring their foreign operations, licensing and distribution arrangements, joint ventures, and financing and investment transactions. Our experience in representation of international matters includes but is not limited to the hospitality and tourism industries.

Our understanding of country-specific cultural differences and business practices, and our foreign language capabilities, enable us to understand our clients' needs and concerns and effectuate their goals both efficiently and effectively.