No one enjoys getting injured, especially if it wasn’t your fault. As a result of an accident, you are left with physical, emotional and financial pain that was caused by someone else.
Personal injury law allows for an individual to file a lawsuit against another person or a company they believe contributed to their injury. Whether the injury is the result of a dog bite, a slip and fall, auto or boating accident, you should contact an experienced personal injury lawyer as soon as possible.
Attorney for Personal Injury in Miami, Florida
Because personal injuries from accidents have the potential to cause lasting physical and emotional damage, you should contact Abrams Justice Trial Attorneys as soon as possible. Our attorneys are experienced with personal injury cases and they will strive to achieve the best possible outcome for your situation.
We proudly serve clients in the greater Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, and Cutler Bay. Call us today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free.
Overview of Personal Injury in Miami, FL
- Personal Injury Laws in Florida
- Types of Personal Injuries
- Additional Personal Injuries Resources
Personal Injury Laws in Florida
Before you file a personal injury suit, it is important that you understand the laws established in Florida regarding the matter. Listed below are Florida’s personal injury laws.
- Deadline for Filing Suit: The statute of limitations for personal injury is established in section 95.11(3), you have four years from the date of the accident to file a personal injury suit in the civil courts. If the to do not file within four years, the Florida courts are likely to refuse to hear your case. In some cases though, it may be discovered that you suffered harm after the accident happened. If that is the case, the filing window may be extended.
- Dog Bites/ Attack Cases: While other states protect owners to some degree the first time their dog injures someone, Florida does not. Under state statute 767.04, the dog’s owner is liable for injuries sustained by the dogs, regardless of its past behavior and if the victim was on the property legally.
- Comparative Negligence Law: The person you are trying to hold liable for your injuries may claim that you are the one to blame for causing the accident. If it is proven you share some of the fault, it can affect the amount of compensation you can receive from the at-fault party. In cases like this, Florida follows the pure comparative negligence rule. Under this rule, your entitled compensation will be reduced by an amount that is equal to your percentage of the fault in the accident.
- Damage Caps: A plaintiff can recover damages for injuries and costs sustained through the negligence of another party. While many states do not allow it, Plaintiffs can also recover punitive damages in Florida, which are additional monetary damages meant to punish and deter wrongdoing. Established in section 768.73 of the Florida Statute, the majority of personal injury cases have a punitive damage limit of three times the total compensation, or $500,000 or whichever is greater.
Types of Personal Injuries
There is a wide range of situations that are considered personal injury, although not every situation where an individual is injured will result in liability. Listed below are some of the most common types of personal injury cases.
- Auto Accidents: These claims are usually the result of negligence by the driver. No matter the accident, they can result in lifelong physical and psychological damages. These type of cases include:
- Hit and Run
- Rideshare (Uber/Lyft)
- Commercial Vehicle/18-wheeler
- Dog Bites/ Attacks: Dog bites and attacks can be a frightening experience. Those who have been bitten or attacked can file suit against the dog’s owner and their homeowners’ insurance should it apply. This can only be done if it is proven the victim did not provoke the dog. If proven they did not provoke the animal, the victim can be entitled to medical and emotional distress compensation.
- Premises Liability: The majority of accidents on someone else’s property could be prevented if the owner had maintained the property properly. These types of injuries are extremely common and can result in debilitating injuries, loss wages and costly medical bills. Premises liability cases include:
- Slip and Fall
- Negligent Security and Maintenance
- Product Liability: Product liability cases involve injuries caused by consumer products. These injuries usually come from a design, manufacturing, or warning label defect. Common types of product liability cases include cases with injuries caused by:
- Drugs and Pharmaceuticals
- Medical Devices
- Consumer Products
- Car Parts
- Equipment and Machinery
- Elevator Accidents: These types of accidents are more common than you think. Sudden stops, un-leveled elevator cars and free falls cause some of the most common types of elevator injuries.
Additional Personal Injury Florida Resources
Florida Statute of Limitations– View full text on Online Sunshine of the Florida Statute that covers deadlines for filing personal injury suits in the state. That statue also covers deadlines for libel and slander, sexual battery and court cost and fines. Online Sunshine is the official website for the Florida legislature.
Florida Punitive Damage Cap– Read the Florida Statute on Online Sunshine that discusses limitations for punitive damages in the state. The statute covers the amount that may not be exceeded and situations where punitive damages may not be awarded.
Lawyer for Personal Injury in Miami, Florida
Personal injury claims warrant litigation if you have suffered costly medical bills or physiological damages and Abrams Justice Trial Attorneys is here to help. Our attorneys are experienced with personal injury cases so you can rest assured knowing your case will be handled with trust and diligence.
We sever communities that include Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables and Cutler Bay. Call us today at (305) 709-0880 or submit your information in our online form and one of our attorneys will review your case for free.