How to File a Personal Injury Lawsuit
For someone who has recently been injured in the state of Florida, navigating a personal injury claim can feel like a daunting task.
It is imperative to an injured person’s mental and physical health to hire an experienced personal injury attorney with a thorough understanding of the filing process in Florida as soon as possible after an injury. Filing without an attorney will significantly lower the chances of winning a personal injury lawsuit.
Personal Injury Lawsuit Process
First and foremost, the statute of limitations to file a personal injury claim is four years, or three years if the claim is against a government entity, and/or two years in medical malpractice matter, from the date a person knew or should have known that their injuries were the result of a third party’s negligence. Outside of this window, it is highly unlikely that the injured party will be able to file or maintain a lawsuit in a Florida court. Because the window is relatively short, it is imperative for the injured party to seek immediate medical attention and attain an understanding of their injuries. The injured party should make an effort to attain their written medical records from all healthcare providers who have assisted them in diagnosing and treating their injuries.
Understanding the availability of insurance coverage for the injured parties injuries is very important. . The injured party should attempt to understand what insurance coverage is provided by their own insurance (Health Insurance and/or Auto Insurance), as well as, what insurance coverage the potential defendant(s) have available to them. It is important to have an experienced attorney handle this step of the process to ensure a complete and accurate understanding of available insurance coverages.
After this step, the personal injury lawsuit timeline is not definite. Some personal injury matters are resolved without the need to file suit. If the injured party cannot resolve their claims with the potential defendant(s) and/or their respective insurance carriers, then the matter is filed in Florida state or federal court. If a suit is filed, the case will move on to the discovery process, during which the plaintiff will collect evidence to attempt to prove that defendant(s)’s negligence caused the plaintiff’s injuries. Ultimately, the majority of the matters will be resolved pre-trial, but some matters do go to trial.
Contact our Miami Personal Injury Attorneys Today
The civil litigation process can vary significantly based on the nature and severity of injuries, the number of damages, and the complexity of the legal dispute. At The Saade Law Firm P.A., our Miami-based law firm thoroughly understands the specifics of filing a personal injury lawsuit under Florida’s unique court system. Backed by extensive research and experience, our attorneys will do everything in their power to relieve the injured party’s stress and assume control over the complexities of each case. Contact The Saade Law Firm, P.A. at (786) 633-1114 to learn more about our personal injury services and how we can assist with your individual case’s needs.