If you or someone you know was recently hurt in an accident, you may have more legal options than you think. An attorney can help you file a personal injury lawsuit against those responsible for the accident, and you may receive substantial compensation.

A personal injury claim may involve a wide variety of claims, but physical injuries to your body are a necessary element. Injuries do not need to be severe, and you may claim other damages in the case, but bodily harm is required. Start your case by hiring a lawyer to help you collect evidence to support your lawsuit. Your attorney should then draft a formal complaint and file it in the right court to begin the lawsuit.

Ask our personal injury attorneys for a free case evaluation by calling the Graves Injury Law Firm at (305) 614-2767.

What Qualifies as a Personal Injury Claim?

Personal injury claims are among the most filed civil cases, and they span a wide range of legal claims. Whatever your case may involve, physical injuries are required for personal injury lawsuits.

Accidents

A very common characteristic of personal injury cases is that they often stem from unintentional accidents. Car accidents, boating accidents, slip and falls, and dog bites are some common examples of personal injury claims. If you were hurt in an accident, talk to our personal injury lawyers right away about whether you can sue for damages.

Negligence

Accidents are common in personal injury cases, but the person who caused the accident may still be held accountable even though they did not intend to harm anyone. This is because people who cause accidents often do so negligently.

Negligence is more than mere carelessness. It is a legal concept that involves four crucial elements:

  • The defendant’s legal duty of care they owe to the plaintiff,
  • How the defendant breached or violated their legal duty,
  • The defendant’s breach of duty is the direct and proximate cause of the injuries, and
  • The extent and severity of your damages.

Physical Harm

Of course, the key characteristic of a personal injury case is the plaintiff’s bodily injuries. People sometimes confuse the term “personal injury” to mean any sort of harm of a personal nature, such as damaged personal belongings.

While you may file claims for things like damaged property alongside your personal injury claims, you must show that you suffered some form of bodily injury in the accident.

How Do You Begin a Personal Injury Lawsuit in Hialeah

Beginning a personal injury lawsuit will be challenging, and you should not try to file your case on your own. An experienced lawyer should help you gather information and evidence to prepare your case.

Collect Information and Evidence to Support Your Claims

To start your case, we need as much information about your accident as possible. In some cases, the cause of the accident is not immediately clear, and we our personal injury attorneys may need time to investigate and find more information.

File a Formal Legal Complaint Against the Defendant

We need information and evidence to draft and file a formal complaint. The complaint must contain lengthy details about the accident, who was involved, your injuries, and the damages you are claiming.

We must also present evidence to support your claims, although we do not have to present all our evidence or enough evidence to meet our burden of proof. Once we enough evidence to present a cause of action, we can file your complaint in the correct court that has jurisdiction over the case.

Notify the Defendant of the Lawsuit Immediately

After filing the lawsuit, we must almost immediately serve notice of the case to the defendant. Serving notice must be done according to very strict legal rules and procedures. One of the most common methods is to send the defendant notice of the case by certified mail.

Notice is crucial because the defendant must be given the opportunity to file a formal answer to your complaint. If notice is not served, or it is served improperly, your case could be thrown out.

What Damages Can Someone Claim in a Personal Injury Case?

When filing a personal injury lawsuit, be sure to review all your damages with your lawyer to avoid leaving things out or miscalculating them.

Medical Expenses

A major component of your damages may be your medical bills. Even minor injuries often require expensive treatment. If you need ongoing care for the foreseeable future, we may claim the cost of reasonably anticipated future medical bills in your damages.

Lost Earnings

Your injuries may prevent you from going back to work, possibly for a while. The longer you cannot work, the more earnings you may lose. As such, we must account for all the income you have lost and may continue to lose as the case moves forward and add it to your damages.

Damaged Property

If you lost personal items or belongings when the accident occurred, we should claim the cost of repairing or replacing them. For example, cell phones, laptops, jewelry, and various other personal items may be costly to replace.

Distress, Pain, and Suffering

Non-economic damages revolve around painful personal experiences from an accident. Many plaintiffs claim damages related to emotional distress, physical pain, humiliation, and even the loss of enjoyment of their own lives.

FAQs About Personal Injury Claims in Hialeah

Who Can File a Personal Injury Case?

Almost anyone can file a personal injury case if they have experienced bodily injury caused by another person. The family of a deceased victim can also sue on their behalf.

When Should You Get a Lawyer for a Personal Injury Claim in Hialeah?

Get a lawyer as soon as possible. In Florida, you only have 2 years to file your suit. If you do not file the case in this time frame, you may be barred from ever filing it.

What Kind of Evidence Should You Look for in a Personal Injury Case?

Evidence will vary from case to case. In many cases, evidence includes witness testimony, medical records of injuries, photos of the accident scene, security camera footage, and more.

Do Personal Injury Lawsuits Take a Long Time to Finish?

Generally, yes. Lawsuits are known to be time-consuming. Many personal injury lawsuits take several months to a year. Some cases take even longer. While a lawsuit can take time, the result is often worth the time and effort.

Get Help Now from Our Hialeah Personal Injury Attorneys

Ask our personal injury attorneys for a free case evaluation by calling the Graves Injury Law Firm at (305) 614-2767.