Thursday, April 18, 2024

There are various types of law firms that provide personal injury lawyers in Miami. They help you gain compensation and justice for the losses you have suffered due to your injuries but before you contact one, you must have a basic understanding of this law as this helps both the parties to save time and effort.

Table of Contents

Types of law

The laws prevailing in the US are of two types – Criminal laws and Civil laws.

The criminal laws supervise criminal cases – If a defaulter is convicted of breaking these laws then the government agencies will press charges against the offender.

The civil laws are more of the general behavior of the offender. In a civil case, two or more parties are involved.

Personal injury falls under the second category i.e. the civil law. If you think that you have been subjected to personal loss or injury due to someone else’s actions, then you can make claims. For this, you would require a personal injury lawyer in Miami.

The cause of your loss may be a traffic accident, office accident, faulty product, etc. personal injury lawyers in Miami are adept at dealing with such kind of scenarios.

Personal injury cases

In a personal injury case, there are strong chances that the first personal injury lawyer you meet tells you that your circumstances do not make up for a good case of personal injury. But your next lawyer may have a different take on the scenario. So, it all depends upon the perspective. Personal injury cases get resolved in any of the following three ways:

  • Settlement
  • Mediation
  • Lawsuit

Generally, personal injury lawyers in Miami would advise you to opt for the settlement. It is a well balanced and rational decision for most of the situations. In a settlement, your attorney would be contacting the defaulter’s lawyer and get the issue resolved with the help of insurance companies or other legal entities.

If you still feel that a settlement is not adequate, then you can choose from either mediation or filing a lawsuit.

Mediation is reached when the parties involved feel that the court is taking too long to settle the dispute or there is not enough cost covering the litigation in the court. In such cases, a third party known as the arbitrator is called in to settle the dispute. This arbitrator is generally a neutral party so that no biased decision is made. Both the parties involved in the dispute present their point of view and the arbitrator is responsible for the final decision. The arbitrator goes through all the terms and conditions that both the parties have put forward. Then all the three parties involved in the settlement sign the papers. Mediation has certain benefits like flexibility, inexpensive, and targeted knowledge of the arbitrators about the niche of the dispute. There can be more than one arbitrator in a mediation.

Filing a lawsuit is the last resort for a personal injury claim. In a lawsuit, you would need circumstantial as well as profound evidence to prove that your injury is a result of someone else’s negligence. Lawsuits require exhaustive research and thus take up a long time. Every argument presented in a lawsuit is examined carefully. There has been an increasing number of lawsuits in the US in recent times. Most of these lawsuits are on big corporate companies. You can file a lawsuit for anyone if you feel that you were completely abiding the law and the losses you suffered are a complete responsibility of the other party.

Whatever way you opt for your personal injury claim, make sure that you have a thorough knowledge of the process as you can not backtrack after choosing a certain method.


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