Personal Injury Law in Miami, FL

Were you hurt due to another’s negligence in Miami? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Miami, FL can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Miami relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims In Miami, FL

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries In Miami 

According to the Florida Department of Health, the most common causes of injury that lead to hospitalizations in Miami-Dade county are falls, and motor vehicle crashes. Drownings, suicides, and accidental poisonings are also common causes of injuries and injury related deaths throughout Florida.

Steps In a Personal Injury Lawsuit In Miami, FL

Once you determine that you wish to proceed forward with a personal injury action in Florida

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After you have consulted your Miami attorney, gathered your evidence, listed your demands, and served the party at fault with a demand letter, you can then enter into settlement negotiations. If those negotiations fall through you can then file a suit with Florida Civil Court, thus enacting the discovery process. This will either lead to a settlement or a trial.

Florida Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Florida’s Division of Workers Compensation found that the average workers comp related personal injury settlement was $3,141. Only three cases went to trial in 2020. Most personal injury cases settle outside of court. But if your case and injuries involve extreme medical bills, property damage, or work loss compensation, your settlement could be more significant if you do proceed to trial. On average, most personal injury cases settle for between $3,000 and $75,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in FL, that means you risk not receiving any compensation at all.

Damage Awards In Florida

If your Florida personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Florida, there are no damage caps for personal injury cases on either economic or non-economic damages. However, Florida does have varying limits for potential punitive damages.

Statute of Limitations In Miami, FL Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

When filling a personal injury suit in Miami, Florida you must file your claim within four years of the date of the injury. However, there are some instances where this timeline can be longer, or shorter.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Miami, FL Lawyer

Pursue a personal injury claim in Miami against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!