Medical Malpractice

Ward Ruddock handles various personal injury cases in Miami, Florida, including auto accidents, truck accidents, motorcycle accidents, wrongful death, catastrophic injuries, negligent security, slip and fall incidents, Uber/Lyft/rideshare accidents, and product liability claims. Our experienced attorneys assist injury victims in seeking financial compensation for damages (injury-related injuries and losses) following an injury or accident caused by someone else’s carelessness in Miami.

If you are not sure if someone or some entity is to blame, contact an attorney. Ward Ruddock, for instance, can determine if there is a case in which another party is to blame.

Florida’s fairly recent modified comparative negligence law can reduce your compensation if you’re partially at fault for your injury. An injury victim’s award may be decreased by their percentage of fault, and an injury victim is not eligible to recover damages if they’re more than 50% responsible for the accident.

This varies by state, but sometimes injured parties have up to a year or more to file a claim. This allows for lingering symptoms of injuries to be identified. As a rule, the sooner the better for filing a claim, or at least consulting with an attorney to determine if a claim is valid.

In Florida, the statute of limitations for the majority of personal injury claims is two years from the date of the accident or injury. Medical malpractice cases also have a two-year limit, and wrongful death claims must be filed within two years of the date of death. However, in some cases the details may extend the deadline. Discuss your unique case with an experienced Miami personal injury lawyer.

To prove a personal injury claim in Miami, Florida, the plaintiff must establish four key elements: duty of care, breach of duty, causation, and damages. The defendant’s negligence must have directly caused the plaintiff’s injuries, leading to quantifiable losses or harm.

Damages may be reduced if an existing injury exists, but if an accident aggravated an old injury, a claim against the person who caused the re-injury is totally viable.

An attorney’s trial experience demonstrates their ability to effectively argue in court, negotiate with insurance companies, and seek favorable verdicts. Experienced trial lawyers are usually better prepared to handle complex litigation, anticipate opposing strategies, and seek the maximum compensation for their clients. Insurance companies also recognize this, so an attorney’s trial experience can lead to a better settlement offer earlier in a case.

Not many personal injury cases go to trial. Most end in a settlement agreeable to the injured party and the defendant and/or insurance company. A claim that involves severe injuries and a significant amount of money will take longer to settle as the insurance company will push back harder. If the case is complex or liability is unclear, a settlement may take longer. Hiring an attorney sometimes can motivate an insurer to make a fair offer earlier in the process.

Florida Statutes section 95.11(3)(a) gives you four years, typically starting from the date of the underlying accident or incident, to file a civil lawsuit seeking a legal remedy (compensation) for “an action founded on negligence.” That includes almost all conceivable types of personal injury lawsuits, since most are governed by the liability principle of “negligence”.