Were you injured in Miami-Dade County, Broward County, or anywhere within Florida as a result of someone else’s negligence? Call an experienced personal injury attorney at Miami Injury Law, P.A. as soon as possible. We can help!
A personal injury lawsuit is a civil suit filed by a private individual (plaintiff) against another person, business, corporation, or government agency (defendant) with the assistance of a personal injury attorney. The suit alleges that a negligent or careless act by the defendant caused an accident or injury that harmed the plaintiff.
Pre-Litigation: Pursuing Fair Compensation
At Miami Injury Law, P.A., we understand that litigation can be time-consuming and stressful for our clients. That’s why we work diligently during the pre-litigation phase to negotiate fair settlements. We use our experience and knowledge of the law to build strong cases and seek compensation through pre-suit negotiations, ensuring our clients get what they deserve without unnecessary delays. However, we never back away from litigation. We are fully prepared to go to court when necessary and know exactly what it takes to navigate the complexities of a courtroom to secure the best possible outcomes for our clients.
Our approach ensures that our clients’ best interests are always the priority, whether through settlement or trial. We make sure you are informed about what each step entails so you can make the best decision for your future.
Determining Responsibility for Damages
Responsibility for damages is determined by how much each party's negligence contributed to the accident or event that caused the injury. Florida follows a modified comparative fault system, meaning the plaintiff's compensation can be reduced by their own percentage of fault. However, under Florida’s recent tort reform laws enacted in 2023, a plaintiff is barred from recovering damages if they are found to be more than 50% at fault for the accident.
Personal Injury Damages
In a personal injury lawsuit, a plaintiff may be able to recover several types of damages, including:
- General Damages: Compensation for non-economic losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Special Damages: Compensation for economic losses, including medical expenses, property damage, and lost earnings.
- Punitive Damages: Damages awarded to punish the defendant for particularly reckless or malicious conduct. Florida’s 2023 tort reform law places stricter limits on the awarding of punitive damages, requiring a higher burden of proof.
Statute of Limitations
The recent tort reform laws also shortened the statute of limitations for filing negligence claims in Florida. Plaintiffs now have two years from the date of the injury to file a lawsuit. It is essential to act quickly to ensure your claim is filed within the allowed time frame.
If you were injured in Miami-Dade County, Broward County, or anywhere in Florida due to someone else's negligence, contact Miami Injury Law, P.A. now ! We are here to help you navigate the legal process and fight for the compensation you deserve for your injuries, property damage, and lost wages.
