How to File a Car Accident Lawsuit in Miami

Personal Injury Lawsuit Representation for Miami Auto Accidents

Seriously injured in a Miami car wreck?

Undervalued personal injury claims that cannot reach fair settlement may require you to sue and go to trial to force a reasonable payout from the insurers.

The civil trial lawyers at Lawsuit Legal can prepare your car accident lawsuit and fight to get you paid what you deserve in the Miami courts.

Taking legal action after a catastrophic crash may be unavoidable when major insurance companies refuse fair compensation for your injuries.

We handle cases all types of serious injury car accident lawsuits and our trial attorneys know exactly what it takes to win in a Miami-Dade courtroom.

Our success in settlement negotiations and results in court is repeatedly the number one reason clients select our law firm.

Review your Miami crash injury case with our legal team in order to secure the justice you deserve.

How Does Florida Car Accident Law Work?

Florida law allows injured drivers and passengers, as well as family members in fatal accidents to file a lawsuit against those responsible for the accident.

To file a civil lawsuit in Miami-Dade the courts require certain criteria to be met.

And, although a case is filed in court, that does not mean the case goes all the way to jury trial. The insurance companies frequently change their tune once the threat of trial is taken seriously, and a reasonable pre-trial settlement may be offered.

Florida No-Fault State System: Meeting Florida's Lawsuit Requirements

• Florida operates under a no-fault auto insurance system requiring all drivers to carry Personal Injury Protection (PIP) coverage
• PIP covers 80% of your medical expenses and 60% of lost wages up to $10,000, no matter who caused the accident
• You can step outside the no-fault system if your injuries meet Florida's "serious injury threshold"
• You have two years to file a lawsuit from the date of the injury under Florida law
• To file a bodily injury claim Florida law requires the severity of injuries to meet the serious injury criteria
• A personal injury lawsuit will require you to prove the other parties actions caused your injuries and accident-related losses
• Florida uses a modified comparative negligence system meaning a plaintiff can only recover damages so long as they are found to be no more than 50% at fault

The first step after a crash is to seek immediate medical attention (within 14 days to qualify for PIP benefits). Then file a claim with your own insurance company for PIP benefits.

It's a good idea to speak with a car accident attorney as soon as possible to go over the facts in your case. A good attorney will answer all your questions and walk you through what you can expect from the legal process.

At Lawsuit Legal our primary mission is to see you get paid as much as possible as fast as possible. Our legal team will walk you through every step of your case in plain english, ensuring no detail is overlooked.

When you've been hurt by a negligent driver, you deserve to get paid for the economic and noneconomic damages, such as pain and suffering, mental anguish, or loss of enjoyment of life.

Proving Negligence & Damages in Miami Car Accident Lawsuits

In a personal injury lawsuit, proving liability and damages is essential to recover compensation. You will need to establish liability and prove damages.

MVA cases typically involve a negligent or reckless driver that breached a duty of care, whose actions directly caused the plaintiffs injury. However,

Proving damages is a matter of documenting the full extent of financial losses suffered as a result of the crash. Evidence, such as accident reports, witness statements, expert testimony, and medical records will be scrutinized by judge and jury to determine if the legal standard for an injury claim is met.

Strong, compelling evidence forms the foundation of a successful case, providing the leverage needed to prevail in settlement negotiations or win at trial.

High-value cases are vigorously defended by the large insurance companies and their lawyers. Lawsuit Legal's trial lawyers are considered among the nation's premier litigators deeply experienced fighting big cases.

A skilled civil litigation attorney will craft a compelling legal strategy to see you are fully compensated for the upheaval in your life resulting from an injury caused by negligence.

How Trial Lawyers Can Help Versus Standard Car Accident Attorneys

There are a lot of good car accident lawyers in Miami. However, hiring a trial-capable law firm that has the means and willingness to try your case in court is a powerful asset for injury victims.

Insurance companies tend to offer higher settlements when the threat of trial is taken seriously and they know your lawyers have the means.

When your representation has a reputation for trying cases it can help resolve your case faster, as a jury trial can be a serious financial risk for insurers. It's a serious incentive for the insurance company to reach a fair settlement offer.

Additionally, Miami juries historically award higher compensation for similar injuries compared to many other Florida jurisdictions. After a Miami car accident or serious injury, let Lawsuit Legal's handle the legal paperwork, court hearings, negotiations, and litagation.

At Lawsuit Legal we handle the legalities, filing fees, preparation, and papwerwork on contingency until we win your case.

Miami-Specific Filing Requirements

• Lawsuits must be filed in the appropriate Miami-Dade County court based on the amount
• Personal injury claims exceeding $50,000 must be filed in Miami-Dade Circuit Court
• Claims between $8,000-$50,000 belong in Miami-Dade County Court
• Expert witness affidavits may be required in certain professional negligence cases
• Multiple defendant cases require strategic consideration of joint and several liability limitations