If you’ve been injured due to someone else’s negligence in Miami, Florida, you may have questions about your rights and legal options. Understanding how personal injury claims work can help you make informed decisions. In this article, we answer some of the most frequently asked questions about personal injury cases in Miami.
What is a Personal Injury Case?
A personal injury case arises when someone is harmed due to another party’s negligence or wrongful actions. These claims seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Common types of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Slip and falls
- Medical malpractice
- Product liability
- Wrongful death of a loved one
If you were injured in any type of accident caused by another person or business, you may be entitled to compensation.
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
Florida law typically gives accident victims two years from the date of injury to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you don’t file within this time, you may lose your right to seek compensation.
Certain exceptions may apply, such as if the injury was not immediately discovered or if the at-fault party is a government entity. An experienced personal injury lawyer can help determine the exact deadline for your case.
How Much is My Personal Injury Case Worth?
The value of a personal injury case depends on several factors, including:
- The severity of your injuries
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- The level of pain and suffering you’ve experienced
- The strength of your supporting evidence
- Insurance policy terms/limits
- Whether you were partially at fault for the accident
Cases involving severe injuries or long-term disabilities tend to have higher compensation amounts. However, every case is unique and involves its own set of facts and circumstances.
What Damages Can I Recover in a Miami Personal Injury Claim?
Florida law allows accident victims to recover economic and non-economic damages, including:
- Medical expenses: Hospital bills, doctor visits, surgery, medication, rehabilitation, and future treatment costs.
- Lost wages: Compensation for time missed from work and potential lost future earnings.
- Property damage: Repair or replacement costs for damaged personal property, such as a vehicle.
- Pain and suffering: Compensation for emotional distress, physical pain, and reduced quality of life.
- Disability or disfigurement: If the injury results in a permanent disability, scarring, or disfigurement.
In rare cases, punitive damages may be awarded if the at-fault party’s actions were particularly reckless or intentional.
Do I Need a Lawyer for My Personal Injury Claim?
While you are not legally required to hire a lawyer, having an attorney can significantly improve your chances of recovering full compensation. Insurance companies often try to minimize payouts, delay claims, or deny liability.
A skilled Miami personal injury lawyer can:
- Investigate your case and gather evidence
- Negotiate with insurance companies on your behalf
- Accurately calculate your damages
- Take your case to trial if necessary
Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you don’t pay unless you win compensation for your case.
What if I Was Partially at Fault for the Accident?
Florida follows a modified comparative negligence rule that applies to personal injury claims. Note that it does not apply to claims against your personal injury protection (PIP) policy after a car accident, as that is considered “no-fault” insurance.
The state’s modified comparative negligence rule means:
- You can recover compensation as long as you are not more than 50% at fault.
- Your damages will be reduced by your percentage of fault.
- If you are 51% or more responsible, you cannot recover any compensation.
For example, if you are awarded $100,000 but are found 10% at fault, your compensation would be reduced to $90,000. Insurance companies often try to shift blame to reduce payouts, so having an attorney can help protect your claim.
How Much Does it Cost to Hire a Personal Injury Lawyer?
Most Miami personal injury attorneys work on a contingency fee basis, which means:
- No upfront costs: You don’t pay anything out of pocket to hire a lawyer.
- No hourly rates: Your lawyer gets paid only if they win money for your case.
- A percentage of the settlement: Typically, attorneys take 33-40% of the final settlement or verdict.
This system makes legal representation accessible to all accident victims, regardless of their financial situation. It also motivates your attorney to recover as much compensation as possible for you.
Contact a Miami Personal Injury Lawyer for Legal Help
If you’ve been injured in an accident in Miami, you don’t have to handle your claim alone. A skilled Miami personal injury lawyer at Zayed Law Offices Personal Injury Attorneys can protect your rights, negotiate with insurance companies, and help you recover the compensation you need.
Contact an attorney today for a free consultation at (305) 916-6455 to discuss your case and your legal options going forward.
