Personal Injury Attorneys MiamiSteps to file a personal injury lawsuit in Miami, FL

December 14, 2020by Shamis & Gentile P.A.
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Were you injured at the hands of another and want to know the steps to file a personal injury lawsuit in Miami, FL? Remember, the first thing you need to do is seek medical attention. Depending on the severity of your injury, you may be able to get insurance coverage for your medical bills.  

If you have a minor injury, and want to resolve the claim quickly it makes more sense to do it by yourself. Typically you would contact the insurance company for the party at fault or they will contact you. The statute of limitations for personal injury claims in Florida is four years.  The key is that you present your own evidence. Keep in mind that small claims only cover expenses associated with the injury and you are required to prove them.

On the other hand, if you have a major injury that costs more than what your insurance covers, it is strongly advised to file a personal injury lawsuit. Instead of handling the case directly with the insurance company, we recommend that you hire a personal injury lawyer and receive professional legal advice. In Florida, only about 5% of personal injury cases go to court.  The Miami civil court system aims to restore the injured party to the financial situation they were in before the unfortunate accident.

How to file a personal injury lawsuit in Miami

  • Step 1. Establish legal standing by being directly connected to the lawsuit, be an actual legal entity and you must have legal capacity.
  • Step 2. Hire a professional personal injury attorney to review your personal injury claim.
  • Step 3. Determine the Miami county venue for your lawsuit. In this regard, a decision will be advised by your personal injury lawyer.
  • Step 4. File your personal injury claim within the statute of limitations. In Miami you will have four years from the date of your accident to initiate your personal injury lawsuit. If you miss this time limit deadline, you no longer have a legal claim.
  • Step 5. File your personal injury complaint in accordance with Miami laws in the State of Florida.

Whether you are victim or partially at fault, it is important to understand the steps to file a personal injury lawsuit

Are you ready to file a personal injury lawsuit? Contact Shamis and Gentile, P.A. today for professional legal advice.

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