Known as the “City of Progress,” Hialeah, Florida is the sixth largest city in the Sunshine State with a population of nearly 225,000 residents. Hialeah has the highest percentage of Cuban and Cuban American residents than anywhere else in the nation, and as much as 92% of its population reports speaking Spanish in the home. Because of its high population, Hialeah residents and visitors are prone to being involved in car accidents, motorcycle accidents, slip and falls, and other personal injury incidents.
Florida has four tiers of courts. The bottom tier consists of county courts, of which Florida has 67. Next are the 20 circuit courts. Above these are the state’s five district courts of appeal. Finally, there is one Supreme Court of the state. County courts review cases where the amount in dispute is $15,000.00 or less. Circuit courts hear cases where the amount in controversy is more than $15,000.00 and also hear appeals from County courts. The District Court of Appeal provide reviews of decisions from the lower courts. Finally, the Florida Supreme court has discretion on whether or not to hear most cases and must hear specific cases, as specified in the state’s constitution.
If your medical bills are below $15,000 your personal injury case will be filed in County court. If they have surpassed this amount, your case will skip straight to Circuit court. Because personal injury cases are governed by state law, the lawsuit will be filed in the county where the accident took place.
As unique as the parties involved in the accident are, there is no standard personal injury case. This is because every case’s fact pattern, legal issues, parties involved, and injuries suffered differ, even if the difference is minimal. The statute of limitations will govern when you have to file a personal injury claim. In Florida, a typical personal injury claim must be filed within four years of the date of the accident. If one of the parties involved is a government entity, this time is reduced to three years.
It is not uncommon for personal injury lawsuits to take approximately three years from the date the initial complaint is filed to when a decision is rendered by a court. Of course, timing depends on several factors including the complexity of the case, the amount of damages at issue, the severity of the injuries, the court’s caseload, plaintiff’s patience, and defendant’s willingness to settle the claim. Most lawsuits – personal injury claims and other types of civil cases – are settled in mediation before seeing the inside of a courtroom. This is because settling the case is often faster and more cost efficient for all parties involved than going to trial.
Suffering a personal injury because of another’s negligence is difficult, especially when the accident and resulting harm could have been avoided. If you have been harmed in Hialeah due to the negligence of another or know someone who has, contact the Law Offices of Joseph I. Lipsky, P.A. to preserve your rights under Florida law. Click here or call our office at 305-821-7333 to schedule your initial, free case evaluation.