If you have been injured due to the negligent acts of another party, you have the right to file a personal injury claim with the help of an experienced Miami Personal Injury Attorney. If you are in this situation, there are several things you need to know about the process of filing a personal injury claim. Below you will find the information you need to successfully file a personal injury claim and recover compensation for your injuries.
WHAT IS THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASES IN FLORIDA?
The statute of limitations is the law that restricts the amount of time that victims have to take legal action after sustaining an injury. In the state of Florida, there are different statutes of limitations for personal injury cases depending on the victim’s age, injury, and the nature of the accident.
The statute of limitations for most personal injury cases in Florida is four years, which means you have four years from the date the injury was sustained to take legal action. For example, if you were injured in a car accident on January 1, 2019, you will have until January 1, 2023 to file a personal injury lawsuit.
EXCEPTIONS TO THE STATUTE OF LIMITATIONS
There are exceptions to this rule, including one that applies to medical malpractice claims such as misdiagnosis, failure to diagnose, and surgical error claims. The statute of limitations for medical malpractice claims two years from the date the malpractice occurred or two years from the date the injury was discovered. However, a medical malpractice claim cannot be filed more than four years from the date the malpractice occurred.
If fraud or misrepresented prevented the victim from discovering their injuries, the statute of limitations for medical malpractice claims is extended. The deadline is also extended for medical malpractice victims who are 8 years old or younger.
There are other exceptions to the four-year statute of limitations for personal injury cases. Some of these exceptions include:
- If the victim is legally incapacitated, the deadline may be extended. In cases like these, the personal injury lawsuit must be filed within seven years from the date of the accident.
- If the defendant left the state of Florida before the victim took legal action, the deadline may be extended.
If you fail to file a lawsuit before the statute of limitations expire, you could lose your right to recover compensation for your injuries. For this reason, it is best to speak to an experienced Miami personal injury attorney as soon as possible.
AN OVERVIEW OF THE PERSONAL INJURY LAWS IN FLORIDA
To receive money in the state of Florida from a personal injury claim, one must be able to prove liability. This means proving these elements:
- The defendant had a duty to not injure you, but failed to fulfill this duty
- Your injuries were caused by the defendant’s failure to fulfill their duty
- You suffered damages as a result of the injuries
Florida is a no-fault auto accident state. What this means is that each driver in Florida is required to carry Personal Injury Protection (PIP) insurance that covers $10,000 per person per accident at a minimum. This insurance can cover losses drivers sustain in accident, regardless of who was at fault.
However, PIP insurance is often not enough to cover a victim’s damages. For this reason, the law in Florida allows victims to file a personal injury lawsuit to recover more compensation under certain circumstances. You can file a personal injury claim if your injuries are considered severe. Florida Law defines serious injuries as:
- Permanent injuries, including loss of limbs, scarring, and disfigurement
- Serious or permanent loss of bodily function
If you have received serious injuries from an auto accident, it is important to speak with a personal injury attorney who can help you file a claim for your pain and suffering.
WHAT TYPES OF COMPENSATION ARE AWARDED TO PERSONAL INJURY VICTIMS?
If you can prove that another person is at fault for your injuries, you may be entitled to compensation. This compensation should cover your losses, including:
- Medical expenses
- The cost of hiring someone to perform household duties that you are unable to perform as a result of your injuries
- Property damage
- Lost wages
- Loss of earning potential
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Pain and suffering
HOW TO FILE A PERSONAL INJURY CLAIM IN FLORIDA
If you have been injured, it’s important to speak to an attorney as soon as possible. Discuss the details of your case with your attorney to learn more about your legal options.
Your attorney will begin investigating the accident as soon as possible. This may involve reviewing photos, analyzing medical records, working with expert witnesses, and interviewing witnesses. Then, your attorney will use the evidence collected during this investigation to build a strong case on your behalf.
Your attorney will communicate directly with the at-fault party’s insurance company on your behalf. The insurance company will probably not accept your attorney’s first offer. Instead, they will make a counteroffer. Then, your attorney will continue to negotiate with the insurance company until both parties reach an agreed upon settlement.
Most personal injury claims are resolved during these negotiations, which take place outside of the courtroom. But, if the insurance company is unwilling to negotiate or make a fair offer, your attorney may need to take your case to court.
Every minute counts in a personal injury case. If you have been injured, do not hesitate to contact a personal injury attorney in Miami right away to discuss your legal options.