Miami, Florida is a seaport city on the state’s Atlantic coast. As part of the South Florida area, it is the second most populated metropolis in the entire United States, with a population of about 5.5 million. Miami has become a hub of finance, culture, media, entertainment, commerce, the arts, and international trade. Not surprisingly, with vast beaches, tourists visiting from across the globe, and international and domestic commerce, those living or playing in Miami are at risk of suffering a personal injury due to the negligence of another. Whether it is a slip, trip, or fall at one of its world-renowned five-star hotels or a car accident on its busy Palmetto, Turnpike or I-95 expressways, the likelihood of getting injured is high in Miami for residents and visitors alike.
Personal injuries can happen anywhere, and often occur because another person or entity acted in a careless or negligent manner, which resulted in harm to another. Several types of accidents fall under the category of a personal injury claim, which is governed by tort law. Some of these common accidents include:
State law generally governs personal injury lawsuits, however, there are exceptions when an accident involves parties who are from different states or countries. There are certain time limits during which a person must file a personal injury lawsuit or the claim will be forever barred. Florida law allows a victim up to four years from the date of the accident to file a personal injury lawsuit.
Under Florida law, a person seeking to recover monetary compensation for damages suffered in a personal injury accident must generally prove that another party’s negligence was the cause of the accident. Negligence is established by providing evidence that shows the at-fault party owed a legal duty of reasonable care, this duty was breached, that the breach was the actual and legal cause of the accident, and that the accident resulted in injuries compensable by monetary damages.
In a medical malpractice case, the injured victim must prove the health care provider’s services fell below the appropriate standard of care. Products liability imposes strict liability. This means that someone who is injured by a defective product need only prove the product had a defect and was put out into the stream of commerce to succeed in a lawsuit. Of note, Florida is a no-fault state when it comes to auto accidents. This means each party’s own insurance provider pays for damages suffered regardless of who is at fault. A victim of a Florida auto accident may be able to step outside of the no-fault system and seek damages against an at-fault driver if there were permanent injuries, significant and permanent scarring, or disfigurement as a result of the crash.
If you or someone you care about has suffered a personal injury in Miami, you have a right to seek monetary compensation for the damages you have endured. Contact the seasoned personal injury attorneys at the Law Offices of Joseph I. Lipsky, P.A. to learn about your rights under Florida law. Call 305-821-7333 or click here today to schedule your initial, free, case evaluation.