Personal Injury Process In Miami, Florida: Things To Note

Anyone who gets injured in an incident or accident because of the recklessness, negligence, or carelessness of another usually has a lot going through their mind. You need personal injury lawyers in Miami to help with the lawsuit process.

In every state, you find that laws are a bit different. It is wise to get a injury attorney miami to handle a case in the area. These are people with enough experience in the regulations and laws in Florida.

Things to Remember

Personal injury attorneys in Miami FL can guide you on many important things. In this area, there are some main things you have to know:

• If you want to file a claim, you have 4 years to do so. If the claim is filed against the government, you have 3 years.

• This state is a no fault one. This is to say, courts are not involved generally with car accident type of cases. They only get involved in case of catastrophic injuries.

• Being a no-fault state, personal injury protection insurance needs to be used. This covers about 10,000 dollars before you can start the lawsuit.

• If you are a driver in Florida, you have a duty to act in a safe and reasonable way. You have to observe the traffic laws. Any resulting damages should you fail to follow the law are your liability.

The Process

1. Contacting your Attorney

In personal injury cases, the first thing to do is contact your attorney or hire one if you don’t have one. This is the best person to guide you in everything. In most cases, you will get a free consultation, and you only have to pay them once a settlement has been reached. It is important to keep records of bills and payments made. All medical records, medical bills, police reports, videos, and photos need to be kept well. Lost wages reports need to be kept as well.

2. Insurance

In case of an accident that leads to injuries, you need to talk to the insurance company. This helps you see whether there is anything that can be covered by your medical insurance. The insurance company could pay for the expenses or the parties involved in the accident. You need a formal letter which the company will receive. Your car accident attorney in Miami can assist you in this area. You also get guidance on diminished value in Florida.

3. Filing Complaints

If you contact the insurance company and they decline to settle the claim or accept your demand letter, a complaint should be filed in the court system in Miami, Florida. Your attorney can handle this well. This complaint needs to outline all evidence as contained in the demand letter. The court system makes a judgment in this case.

4. Discovery

Your personal injury attorney in Miami needs to review the paperwork and evidence with you. Look at the collected videos and photos and anything else involved in the accident. This is what is used in the whole process. During the disposition, you need to swear that information given is truthful and accurate. During this phase, a deal motion may be proposed. There may also be a settlement agreement or a case dismissal entirely.

5. Treatment Finalization

If you need to continue with treatment for some time, you should wait until a full recovery has been achieved to make sure all expenses are covered. You may need to go to trial.

6. Trial

A very small number of cases go to court. Most are settled outside the courts, which is a better way since trials may be quite expensive. The jury or judge listens to evidence and facts, and then a decision is reached. A good attorney is needed here.

7. Informal or Formal Settlement and Compensation

Informal settlement is where the Miami, Florida case is settled outside the court. Formal settlement is where a jury or judge makes the decision. Formal settlements take longer.

During an informal settlement, monetary compensation is given in two weeks. In a formal settlement, you get the monetary award in 21 days. However, not all cases are the same, and times may differ.

You should hire a personal injury lawyer to ensure everything is done correctly and within the law.