What Is a Personal Injury Lawsuit?
There are many situations in which injuries can occur, but not all carry legal liability. For damages to be awarded in a personal injury case, it must be legally demonstrated that the negligent or intentional acts of the accused directly contributed to the injuries. In a personal injury lawsuit, the person who suffered injury from an accident files a legal complaint against the party who is responsible for causing the accident.
Understand more about personal injury claims.
Filing a Personal Injury Lawsuit in Miami
Each state in the U.S. has a statute of limitations for personal injury lawsuits. The statute of limitations in Miami, Florida, is four years, counted from the date the accident occurred. Though this may seem like a lot of time, it is best to file the suit early, as evidence could become lost or distorted from the reality of the accident. To assist you with this and the other legal processes associated with filing a personal injury claim and pursuing a lawsuit, connect with The Law Center and a network of leading personal injury attorneys skilled in personal injury law.
How Do I Know If I Have a Personal Injury Claim?
If you or any of your loved ones suffered injuries from an accident, you might be eligible for compensation. However, it is not always clear for victims if they have grounds to file for a personal injury lawsuit.
- The accused party was negligent.
- The injuries sustained are a direct result of the negligence.
- The injury resulted in compensatory damages.
How Long Does a Personal Injury Lawsuit Take?
Each personal injury claim has unique circumstances that need to be considered. As such, the timeline for the completion of such cases varies greatly. Some are short and may end in a settlement out of court, while others, on average, can carry on for close to one or two years. To increase the chances of having your case wrapped up quickly in a Miami court of law, understand your claim completely by hiring the best personal injury lawyer Miami has to offer.
Personal Injury Damages
In general, there are two types of damages awarded in such cases. These are compensatory and punitive damages. Compensatory damages are awarded to the aggrieved party or their beneficiaries in a suit with a wrongful death claim and are reimbursement for the harm they have suffered. Compensatory damages are further divided into general and special damages and are to recover only what was lost, covering the property damage, injury or loss suffered due to the negligence of the claim.
- Medical bills
- Lost earnings and earning potential
- Household expenses
- Future medical care
General damages are awarded to compensate for the non-monetary effects of an accident. They cover:
- Emotional trauma
- Pain and suffering
- Loss of companionship
In a wrongful death claim, expenses could cover:
- Funeral and burial services
- Medical care and treatment pre-death
- Emotional trauma of survivors assigned to the claim
Punitive damages are different, not awarded in all personal injury cases in Miami and are a way of punishing the guilty party for abuse, negligence or recklessness.
How Do I File a Personal Injury Lawsuit in Miami?
Once you have determined that you have legally acceptable grounds for a personal injury claim you will need to file that claim against the responsible party. If in the negotiation phase of the claim an agreeable settlement for damages is not reached, the injured party files a personal injury lawsuit. It is vital in the claim process, if you are a Miami resident or Veteran, to understand the advantages of hiring a Miami personal injury lawyer to help you prepare all the formal documentation necessary to file and support a personal injury claim, negotiate with responsible party to get the best possible compensatory damages available for the claim and guide you through the process of filing a lawsuit if negotiation ends in an insufficient offer of settlement. To understand more about your claim and this process call 561-678-4584 or fill out our evaluation form for personal injury cases.
What Is the Process Like in Personal Injury Lawsuits?
In many instances, especially car accident cases, you may receive a settlement offer before proceeding to court. If this offer does not match the value of the claim, you can proceed with litigation. Once you have filed the personal injury complaint with the Miami civil court system the responsible party, now the defendant, will be served with a copy of the complaint and are responsible for a formal answer, defense, to the complaint.
- Litigation (judge and jury)
Finding the Leading Miami Personal Injury Lawyer
Demand the best outcome from the start. Miami personal injury lawsuits are time-sensitive and following the requirements of the process and having the best possible claim proof can affect whether you get the compensation you deserve or not. If you are a Miami resident or Veteran, it is vital, if you think your property damage, injury or death of a loved one is the fault of another, to consult and hire the best Miami personal injury lawyer you can find. However, this is easier said than done. With many law firms to choose from, it can be challenging to know where to begin and how to assess your options.
This is where the Law Center comes in. The Law Center was born from the need to provide local information, medical and community resources and leading legal service to its clients nationwide. Giving those suffering, from no-fault of their own, with injuries, illness and loss the opportunity to recover fair compensatory damages and recover mentally, physically and financially.
The Russo Firm
When it comes to personal injury cases in Miami, there’s no better place to seek legal representation than The Russo Firm. The firm is armed with experienced and skilled Florida personal injury attorneys and a track record of serving thousands of clients, winning over $1 billion in settlements in the last 25 years. Learn more about The Russo Firm.
How The Law Center Can Help
The Law Center is a platform that offers premier legal resources and has partnerships with top law firms across the country. As such, it is the best place for you to connect with an expert Miami personal injury lawyer and navigate the specific laws associated with a Miami personal injury lawsuit.