In the wake of a life-changing accident, it is essential to understand both your legal options and the deadlines imposed by personal injury laws in Miami. Under Florida Statute 95.11, victims generally have only two years from the incident date to file a lawsuit. This strict rule creates a timeframe that sets the stage for your options, which are an insurance claim and a potential lawsuit.
Both remedies aim to recover the compensation you deserve as a victim, and a Miami personal injury lawyer works to ensure you obtain a fair amount. A summary of the differences between a claim and a lawsuit is also useful.
Personal Injury Claim vs. Lawsuit: Your Legal Path
The distinction between a personal injury claim and a lawsuit is critical, and knowing the difference is the first vital step toward financial recovery for many Miami residents.
- A claim is typically an informal request for compensation made directly to an insurance provider.
- A lawsuit is a formal legal action filed in civil court when the involved parties cannot reach a fair agreement.
While both paths seek to recover damages for medical bills and lost wages, they involve different procedures.
How Personal Injury Insurance Claims Work in Florida
Because Florida follows specific “no-fault” insurance rules, you usually start by filing a claim with your own Personal Injury Protection (PIP) carrier. This process involves submitting evidence of your injuries and negotiating with insurance adjusters to cover immediate costs. Some victims with serious injuries may file a claim with the at-fault party’s insurer. In addition to proving your injuries, you need evidence showing negligence by the other driver.
Many Miami accident cases are settled during this administrative stage, often within months and without ever needing to see a judge. However, if the insurance company offers an unfair settlement or denies your claim, you may need to escalate.
Filing a Personal Injury Lawsuit in Miami-Dade County
Initiating litigation moves your case from an insurance office to the local court system. Your attorney will file a formal complaint, initiating the discovery phase where both sides exchange evidence and witness testimony. There may be motions and various court appearances, and a trial date will be set by the judge.
Litigation is a complex process, but it provides a structured environment to prove your case and hold the negligent party accountable. A lawsuit can take a year or longer to reach a verdict, but it may offer higher compensation through a jury award.
Contact Our Miami Personal Injury Attorneys Right Away
Whether your accident claim proceeds through an insurance claim or litigation, you can see that legal representation is critical. Timing is especially important in these matters, as Florida statutes create narrow windows for filing a valid lawsuit. Gerson & Schwartz, PA, provides the dedicated support needed to secure your future, so please contact us to discuss your remedies. You can reach our offices in Miami, Fort Lauderdale, and West Palm Beach by calling (305) 371-6000 or going online to set up a free consultation with our experienced injury attorneys.