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Personal Injury

When a person is injured, whether intentionally or by accident, and someone else is potentially responsible, this is considered a personal injury case. Personal injury disputes are either formally decided in court or informally out of court by settlement prior to the filing of a lawsuit.

  • Formal lawsuit -- A formal personal injury case is normally initiated by a plaintiff who files a civil complaint against a defendant, which can be represented by an individual, business, corporation, or government entity. The plaintiff claims that the defendant behaved in a careless or irresponsible manner that directly led to the injury that he/she sustained. The victim who files the lawsuit seeks some level of compensation for pain, suffering, medical bills, lost wages, etc.
  • Informal settlement -- The majority of cases involving a liability issue in relation to a harmful accident conclude with a rapid informal settlement. The only people involved are typically the two parties, attorneys for both sides, and insurance companies representing each group. Settlements often begin as a negotiation, which is then followed by a written statement where the each team agrees to pass on any legal action and find a resolution through a monetary sum awarded to the victim.

Personal injury lawsuits are usually governed by the state courts in the county where the injury happened or where the participants in the event reside. For example, if a resident of Dade County is involved in an auto accident in Miami, that person will file a personal injury lawsuit in the Superior Court of Florida, County of Dade. Cases where the plaintiff is seeking a minimal amount of damages (i.e. $2,000-$5,000) ordinarily should be filed in the court's small claims division.

In a case where the two parties involved live in different states, and the claimant is seeking damages in excess of $75,000, the federal courts have jurisdiction. Since it can get complicated when trying to determine where to file a lawsuit, it is wise to consult with a Florida accident lawyer who has a better understanding of the legal process.

The legislation system, as it pertains to personal injury cases, is an interesting one. There aren't really any specific laws that can be applied to a case that will help determine the outcome as in other types of cases (e.g., criminal). Instead, the law evolves based on courtroom decisions on a case by case basis. For instance, an attorney may refer to a past case if it involved a sequence of events similar to the case at hand. This will help address issues such as liability and damages, which could ultimately work in the plaintiff's favor. This can go a long way, when combined with the current case's evidence, in regards to obtaining a ruling that awards the victim a larger figure of money.