When companies or people injure others due to negligence they should be responsible for all the harm caused. This is important in order to provide for the needs of the individual injured and promote safety in our communities.
Being injured in some type of incident or car accident will require filing a personal injury claim with a Personal Injury Attorney Miami. This helps obtain compensation from the other party to pay for the losses or damages received. These cases often require a great deal of legal knowledge. Someone should be legally responsible for the causes of this injury and this is something that your Personal Injury Attorney Miami can help you figure out.
Your attorney will be able to assist you
Setting a personal injury claim can be complicated and time consuming. Your attorney can help you deal with your claim and discuss with you the options available. When an injury is caused by someone else's negligence, you have several questions that need to be answered, and problems that need to be solved. This is where a Personal Injury Attorney Miami comes in handy.
Individuals involved in a personal injury accident are entitled to full compensation for the expenses that came as a result of the accident. The victim deserves compensation for all the lost wages, pain and suffering, and disability.
Countless of personal injury cases are filed nationwide every year. Most of these cases are related to some type of negligence caused by either accidental or unintentional injuries. The most common categories of personal injury cases include:
If you have been involved in an accident, it is possible that you have suffered mental, emotional or physical injuries. Depending on your situation, you may file a claim for damages even if your insurance covers your medical bills. Some of these damages include permanent disability, present and future pain and suffering, rehabilitation, lost wages, or property damage. Although some personal injury cases are decided on in a courtroom by a judge, most settlements are made outside of the courtroom.
There are different types of personal injury cases and many ways people can get injured. Whether it’s a slip and fall or a dog bite, each case is unique and the process of filing a claim might be quite different. The first thing you have to think about is whether or not your insurance company will cover your injuries. If you were injured in an accident and someone else is responsible, you need to find out if the person has insurance coverage. This is crucial as it will help you know ahead of time if you will actually get damages awards.
When filing a personal injury claim, looking for an aggressive and experienced personal injury defense is essential. Defenses usually fall into two distinct categories:
Usually personal injury lawsuits are filed in the state and county where the accident occurred; generally the state court. Nevertheless, sometimes the case can be filed in in another state at a federal or state court. These lawsuits are often heard in state court. Federal jurisdiction is when the accident involves individuals that live in different states, the amount disputed is $75,000 or more, and the injury violated federal law. A personal jurisdiction has to do with the court having authority over the defendant. A state court has jurisdiction over the offender as long as the person either does business or lives in the state.
Sometimes is difficult to determine a reasonable value to settle your injury claim. This is why some people choose a voluntary settlement agreement to save time and the costs associated with going through a trial. The first thing you must do is to get medical attention. Your doctor can determine the type of injury and treatment required. This information from your doctor is very important otherwise you won’t be able to estimate how much money to demand. Then your personal injury lawyer will begin the settlement process and take a series of steps such as:
A settlement can be agreed on at any point of the case. In most cases, the other party’s insurance company will review your expenses and medical records and then make a settlement offer. Sometimes, the case will settle after both parties have presented sufficient evidence to the judge. Some parties may be required to attend settlement conferences or mediation before a trial begins.
Before receiving settlement money, you must give the responsible party all the information about your expenses, injuries, and your possible need for treatment in the future. This evidence may include witness statements, medical records, pay stubs and hospital bills. The defendant may ask for any medical examination from the doctor of their choice.
They may also hire expert witnesses to refute your side of the case. A lawyer may be able to provide an estimate as to how much money you may receive after the trial instead of automatically accepting the settlement.
Personal Injury Settlement Payments
If your case goes to court, the whole process can take anywhere from a few months to a few years. When an individual decides to settle the case rather than taking it to court, the defendant agrees to pay a certain amount of money after all documents are completed and signed. When both parties settle, the agreement states that the other party does not hold responsibility for the injury. If you have already filed a lawsuit, you must agree to drop the case against the defendant.
The legal standard for a criminal prosecution is “guilt beyond a reasonable doubt.” In personal injury cases, “preponderance of evidence” is the legal standard. This indicates that to win a personal injury case, the defendant must be more than 50 percent responsible for the cause of injury. The difference of standards most often explains why defendants who are not found guilty in a criminal case usually do not win personal injury lawsuits, even if they are based on the same exact evidence.
Filing a Summons and Complaint
In order to sue an individual for personal injury, the complaint must be filed within the state that the injury occurred, or in the state that connects the defendant to the case. The summons is the notice that requires the defendant to appear in court in response to the complaint. The complaint that is filed describes the claim in complete details. A process server or a state official will then deliver the complaint and summons to the defendant who must then respond to the complaint. The court date for the first hearing will be set.
Proof for a Personal Injury Lawsuit
Personal injury cases are typically based on intentional tort, strict liability, and negligence. One can prove intentional tort by displaying that the defendant had intentions of harming you, such as punching or kicking you. Winning a case based on “strict liability”, means that the victim does not have to prove that there was a defendant at fault, but rather, that the cause of injury was a defective product. When an individual proves negligence, they have to show prove that the defendant failed to fulfill a duty responsibly, that this failure to do so resulted in an accident, and that this accident resulted in personal injuries.
A person that has been injured due to another person’s wrongful or careless behavior may qualify to win damages in the court. In order to win, one must show evidence to prove that they are entitled to win damages. A person that wishes to file a personal injury lawsuit, must file within the statute of limitation, which in most states, is usually two to three years after the injury.
Winning your case is easier with the help of an experienced personal injury lawyer. These attorneys specialized in these particular areas of law and will help you with gathering evidentiary support, filling out legal documents, and taking your case to court.
A statue of limitation is the deadline to file a lawsuit. These are very strict deadlines and vary in every state. If you file a lawsuit after the statute of limitations expired your case will probably be dismissed. The statute of limitations in personal injury cases ranges from one year to as much as six years.
The laws surrounding all matters of personal injury can be complicated and difficult to understand. Each case is unique and therefore there are no set guidelines for every case. Personal injury lawyers handle hundreds of cases a day and have the most knowledge to guide you through the process. Obtaining damages can be quite difficult and it may take some time. For more information, it is best to contact an attorney in your area for professional legal advice.
You can find more information about injury law and the role of a personal injury lawyer in this link:click here