If you’ve been injured due to someone else’s negligence, you might be wondering how to pursue justice and compensation. Starting a personal injury lawsuit in Florida involves several critical steps, and understanding these can help ensure you build a strong case. At Buchalter, Hoffman & Dorchak, we guide our clients through this process every day.
1. Hire an Attorney
Pursuing a personal injury case alone can be daunting. A litigation attorney in Miami ensures your rights are protected and maximizes your potential recovery. Our firm has over 40 years of experience holding insurance companies accountable and recovering compensation for clients in Florida.
2. Assess Your Claim
The first step is determining whether you have a valid personal injury claim. To succeed in Florida, you must prove three elements:
- Duty of Care: The defendant had a legal obligation to act reasonably to prevent harm.
- Breach of Duty: They failed to meet this obligation.
- Damages: Their breach directly caused your injury or loss.
For example, in automobile accidents, Florida follows a no-fault system, meaning your insurance covers initial medical costs through Personal Injury Protection (PIP). However, if your injuries are severe or permanent, you can file a claim against the at-fault party.
3. Understand Florida’s Comparative Negligence Rules
Florida follows a modified comparative negligence system. If you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found 20% responsible, you’ll recover 80% of the total damages awarded.
4. Gather Evidence
Strong evidence supports your claim and can include:
- Medical records and bills
- Accident reports
- Photos and videos of the scene and injuries
- Witness statements
5. Negotiate or File a Lawsuit
Most cases settle before reaching trial. Your attorney will negotiate with the insurance company for fair compensation. If they refuse to offer a reasonable amount, filing a lawsuit becomes necessary. The personal injury lawsuit process in Florida can be complex, but a qualified Miami PIP claims attorney can guide you through each step. Here’s a general overview of what to expect:
- Consultation: During your initial consultation with a personal injury attorney, you will discuss the details of your case. Your attorney will assess the merits of your claim and advise you of your legal options.
- Investigation: If you decide to move forward with a lawsuit, your attorney will conduct a thorough investigation into your case. This may involve gathering evidence, interviewing witnesses, and obtaining expert opinions.
- Demand Letter: Your attorney may send a demand letter to the at-fault party’s insurance company outlining your claim and demanding compensation for your damages.
- Negotiation: In many cases, personal injury lawsuits are settled before going to trial. Your attorney will negotiate with the insurance company on your behalf to try to reach a fair settlement.
- Trial: If a settlement cannot be reached, your case may go to trial. At trial, a judge or jury will decide whether the defendant is liable for your injuries and, if so, what amount of compensation you are entitled to.
Our client results page showcases the outcomes we’ve achieved for clients, including significant settlements and verdicts.
6. File Within the Statute of Limitations
Florida law requires most personal injury lawsuits to be filed within two years of the accident. Missing this deadline can bar you from seeking compensation. Some exceptions exist, such as if the injury was discovered later or involved government entities. Consulting skilled Miami, FL personal injury attorneys promptly ensures you meet all deadlines.
Buchalter, Hoffman & Dorchak’s North Miami personal injury lawyers can help collect and preserve evidence, ensuring nothing critical is overlooked.
Start Your Case Today
Starting a personal injury lawsuit in Florida doesn’t have to be overwhelming. With the guidance of Buchalter, Hoffman & Dorchak, you can pursue justice and the compensation you deserve. Our team of experienced North Miami Florida attorneys is here to help you every step of the way. Don’t wait—contact us today to begin your journey to recovery.