Silva & Silva, P.A. has advocated the causes of victims of wrongful and tortious conduct, concentrating exclusively in complex litigation. The Firm was founded by Carlos E. Silva and Jorge E. Silva, whose inspiration to challenge the establishment came through a personal tragedy.Our attorneys help our clients with different legal challenges including medical malpractice, class actions, negligent security, construction accidents, trucking, and auto accidents, premises liability, products liability, toxic torts, air disasters, maritime negligence, railroad disasters, swimming pool accidents.If you or a loved one were harmed by this catastrophic event, contact us so that our attorneys can guide you regarding your legal rights.
Even when punitive damages are warranted under Section 768.72, these damages are capped by Section 768.73. With only limited exceptions, punitive damages are capped at the greater of: (i) three times the compensatory damages awarded; or, (ii) $500,000. Drunk driving is an example of conduct that can constitute “gross negligence” in a personal injury case—but, there are many other examples as well, and you should not hesitate to ask your personal injury lawyer if you have a question about seeking punitive damages.
Wrongful Death
Trucking and motor vehicle accidents can cause life-altering injuries. Our attorneys have decades of experience litigating complex trucking and other motor vehicle accidents resulting in catastrophic injuries and wrongful death.
Traffic Violations
Negligence – Most auto accident cases involve claims based on negligence. Speeding, running red lights and stop signs, driving while distracted, and driving under the influence are all common examples of negligence. If you have an auto insurance claim outside of PIP (as discussed below), you will need evidence of negligence to secure the compensation you deserve.
Sex Crimes
Inadequate security and supervision are safety risks on cruise ships, charters, and other commercial vessels. Inadequate security can leave passengers and crew members at risk for physical and sexual assaults, while inadequate supervision can lead to accidents involving onboard swimming pools, climbing walls, roller coasters, surfing waves, and other onboard amenities. Companies’ and vessel owners’ obligations to protect passengers and crew members’ safety at sea extend beyond ensuring that their vessels are seaworthy. They must adequately address all risks onboard—and, if they fail to do so, they can be held liable for the consequences of their failure.
Fraud
Silva & Silva has been involved in cases where individuals and classes of individuals have suffered injuries and death from their exposure to dangerous pharmaceuticals, like Fen-Phen; dangerous products, like silicone breast implants; toxic substances, like asbestos and mold found in sick buildings and cases against unscrupulous individuals and corporations that engage in consumer fraud and Ponzi schemes.
Drug Crimes
But, while understanding your legal rights can be complicated, the first step is easy. If you have any drug-related concerns, you should schedule a free consultation with a lawyer who can help you. At Silva & Silva, we have significant experience handling dangerous drug cases—including product liability cases against pharmaceutical companies and medical malpractice cases against healthcare providers. Our lawyers can help you understand your situation and make informed decisions about your next steps, and if you are entitled to just compensation, we can handle your lawsuit at no out-of-pocket cost.
Oliver Silva began his legal career at one of the largest and most prestigious international law firms in the country. His practice was dedicated to complex commercial litigation and transactional real estate matters. He provided legal representation to companies and individuals ranging from Fortune 500 companies to pro bono families. During his tenure, Mr. Silva handled several matters on both the plaintiff’s and defendant’s side of litigation. His experience representing a diverse clientele across wide-ranging areas of law has made Mr. Silva a uniquely well-rounded attorney.
Premises Liability
The general public, untrained in the investigation and causation of water-safety deaths, justifiably can wonder how such a drowning could occur. Unfortunately, the pattern of such swimming deaths is quite similar. This category of accidents also falls within the field of premises liability.
Construction Litigation
Following Law School, Mrs. Suarez began practicing law at one of South Florida’s foremost Worker’s Compensation firms, representing plaintiffs in catastrophic work-related injuries. Then, in 2009, Mrs. Suarez joined the partnership between a local law firm and a large construction defect firm based in Santa Monica, California, as the Lead Associate representing 300 homeowners in Re: Chinese Manufactured Drywall Products Liability Litigation, MDL 2047, under the Honorable Eldon E. Fallon of the Eastern District of Louisiana. MDL 2047 involved the claims for damages resulting from the manufacturing, distribution, sale, and installation of defective Chinese drywall in homes throughout the United States.
Property Damage
Reporting your auto accident to law enforcement also serves two significant purposes. First, any time you are involved in an auto accident that results in injuries or at least $500 in property damage, you must report the accident under Florida law. You could face penalties if you fail to report your auto accident timely.
If you or someone you love has been injured in a serious accident, it is critical to ensure that you have a clear and comprehensive understanding of your legal rights. Under Florida’s personal injury laws, serious accident victims and their families are entitled to just compensation in many cases. If you have a claim for just compensation, you can hire a personal injury lawyer to represent you at no out-of-pocket cost—and you can rely on your lawyer to use Florida’s personal injury laws to your advantage.
Medical Malpractice
While birth injury rates have declined over the past two decades, birth injuries are still far more common than they should be. This is because a significant percentage of all birth injuries are attributable to medical malpractice. When birth injuries result from medical malpractice, parents can—and should—seek just compensation, as healthcare providers who commit malpractice can be held fully accountable for the financial and non-financial costs that parents and their children suffer.
Auto Accidents
Social Security Disability
A Claim for Other Benefits – In many cases, injured construction workers are eligible for government benefits as well. If you are eligible for Social Security disability or other benefits, your lawyer can help make sure you do not leave any money on the table.
Our team of experts develops a Life Care Plan that analyzes and presents what will be needed to sustain a good quality of life for the injured victims. This plan includes the cost of home health care, nurses, nurses aides, medications, therapy, medical consultations, specialized vans, modified homes, elevators, medical equipment, etc. In many cases, these needs can cost millions of dollars. The Firm’s commitment to its clients continues even after the case has been favorably resolved. Sometimes the settlement involves special circumstances. For instance, if the injured person is incompetent, a guardian will have to be appointed by the court in an effort to oversee the proper and ethical administration of the monies received. In addition, that settlement requires court approval to ensure the client’s protection and satisfaction. Although it is the client’s ultimate decision, it may also be in his or her best interest to consider financial planning with respect to their settlement by placing the monies into a special-needs trust or investing in annuities, etc.