Understanding Miami Personal Injury Law
In Miami, personal injury law is widely misunderstood, overestimated by some and underestimated by others in terms of its effects on people, businesses, and medical practitioners.
In general, Miami personal injury laws protect individuals from a wrongful or erroneous cause of injury or death. When the injured person is unable to work, or needs extensive medical treatment and therapy and suffered pain as a result of the injury, the person, company, or institution that caused the injury should cover those costs.
Causes of personal injury include the following:
- Negligence, for example, when a trucking company fails to train its drivers on proper safety procedures
- Medical malpractice, when a mistake is made by a licensed professional whose primary responsibility is to stem the effects of illness or injury
- Manufacturers can be held liable for injuries caused by their products, which is particularly egregious, because it can mean injury was caused on a massive scale
- Municipalities and building owners might be liable for slip-fall accidents or failed security measures when occupants or visitors are injured on their premises
A mistaken belief about personal injury laws in Miami (and the rest of Florida) is the false impression that any frivolous injury claim can be used to net a large cash settlement. In fact, the legal standards are much more stringent. Insurance companies of defendants (claimants) generally are the legal opponents, and they know very well how to restrict claims within legal limits. A qualified and experienced attorney will not even take a Miami injury law client if the plaintiff does not have a bona fide injury of significance, as the attorney will earn a fee based on a percentage of the award.
Personal injury laws in Miami, Florida
Statutes of limitation in Florida personal injury laws include the following:
- When the injury is due to negligence, you have four years to bring legal action after you discover it. But if you die before the litigation is complete, the personal injury case dies with you.
- If you are suing on behalf of a family member who was killed, you have only two years from the date of death and the settlement is based on an entirely different set of factors affecting only survivors.
- Medical malpractice suits need to be filed two years after discovery. However, what is discovered and when is open to interpretation of the court.
- Products liability (manufacturer error) allows legal action to be brought within four years of discovery.
The laws are detailed and written to best serve the needs of the truly injured plaintiff. If you or a loved one suffered injury from an act of negligence, error or intent, contact the attorneys at Fournaris & Sanet, P.C. to discuss whether your case rises to the standards set by the laws in Florida.
