If you are a Miami resident who is injured in an accident that was caused as a result of a third party’s negligence, you might be able to receive compensation for your injuries with the help of an experienced Miami personal injury lawyer.
Florida, however, is a no-fault state, which means you are eligible to file a personal injury case only if your injuries meet certain criteria.
The Serious Injury Threshold in Florida
Under Florida law, if your injuries do not meet what is called the ‘serious injury threshold’, you cannot file a personal injury case against the party responsible for the accident. Instead, you can file a claim with your own insurance provider and receive up to $10,000 through the Personal Injury Protection (PIP) coverage.
According to Section 627.737 of the Florida State Statutes, if an accident results in the death of a person, their dependents can bring a wrongful death claim against the party responsible and recover compensation.
The same section also states that if a person suffers serious injuries in an accident, they can bring a personal injury claim against the party responsible and recover compensation. These injuries include:
- Severe or permanent scarring or disfigurement
- Significant or permanent loss of a bodily function
- Permanent injury
If your injuries meet the aforementioned criteria, you can file a claim or lawsuit against the party responsible with the help of a Miami personal injury lawyer.
Why You Must Hire a Skilled Personal Injury Lawyer
There are two key reasons why you must hire a skilled personal injury lawyer to represent you.
First and foremost, in order to be able to recover compensation from the at-fault party, you must prove the following elements of negligence.
- The at-fault party had a duty of care towards you.
- They breached their duty by failing to exercise reasonable care.
- The breach of duty by the at-fault party caused the accident.
- You suffered significant economic and non-economic damages as a result of the accident.
Your Miami personal injury lawyer must be able to collect the evidence needed to establish the aforementioned elements of negligence and recover compensation. Moreover, the at-fault party’s insurance company will try everything they can to get your case dismissed or reduce the compensation to the extent possible. So, your lawyer must be skilled enough to counter their arguments and recover the maximum amount of compensation that you are entitled to receive under the law.
Secondly, the definition of a serious injury might differ depending on the circumstances. For instance, a whiplash injury might not meet the serious injury threshold, if the victim happens to be a young and athletic man. However, the same injury might meet the serious injury threshold if the victim happens to be an elderly woman.
This is why it is extremely important to hire a skilled Miami personal injury attorney, as they might be able to determine whether or not an injury meets the serious injury threshold based on several factors – the victim’s age, health condition, and the impact of the injury they suffered – rather than focusing on the legal definition of a serious injury.
Compensation You Can Recover By Bringing a Personal Injury Claim
By bringing a personal injury claim against the party responsible for the accident, you can recover compensation for the following economic and non-economic losses.
- Medical expenses
- Long-term care
- Loss of wages
- Loss of earning potential
- Property damage
- Pain and suffering
- Diminished quality of life
Looking for an Experienced Miami Personal Injury Lawyer?
If you are injured or if someone in your family has died as a result of an accident that was caused by a third party, Chad Piotrowski can represent you and recover compensation for the economic and non-economic losses you have suffered.
One of the most successful personal injury attorneys in Miami, Chad Piotrowski can provide you with aggressive legal representation and use his knowledge and resources to pursue a favorable outcome in your case.
To find out if you are eligible to file a personal injury case and receive compensation, call Piotrowski Law today at 305-930-6652 or fill out this contact form to schedule a free and 100% confidential consultation with one of our personal injury attorneys.