Miami Personal Injury Attorney Blog
Miami-Dade County’s civil courts are facing unprecedented case backlogs in the wake of recent events. If you’ve filed a lawsuit or are considering one, you may have heard about delays in getting court dates. As a Miami personal injury attorney firm, Wolfson & Leon has closely followed these civil litigation trends. In this article, we’ll break down what’s causing the backlog, what types of cases are affected, and why having an experienced Miami accident attorney on your side is crucial. We’ll also discuss how our firm’s extensive litigation and trial experience helps clients navigate delays and move their cases forward efficiently.
Miami-Dade Courts Are Dealing with a Backlog
Civil courts in Miami-Dade (and across South Florida) are working through a significant backlog of cases. Several factors contributed to this jam. First, the COVID-19 pandemic in 2020-2021 led to courthouse closures and remote hearings, which postponed many trials. In fact, for a long stretch during the pandemic, there were virtually no civil jury trials (for example, no medical malpractice trials) in Miami-Dade, Broward, or Palm Beach counties – resulting in a huge backlog of cases. Court officials anticipated a massive number of pending cases once normal operations resumed, with estimates of nearly one million cases statewide waiting in the pipeline.
Local courts have been “transitioning to normal operations” and trying creative solutions to tackle this backlog. In Miami-Dade, judges initiated special case management programs – including a “trial blitz” – to rapidly set older cases for trial and clear out the logjam. (In a trial “blitz,” the court packs the calendar with as many trials as possible over a short period, aiming to resolve dozens of older lawsuits in quick succession.) Elsewhere in Florida, the state Supreme Court implemented new “fast track” rules in 2021, requiring that new civil lawsuits be trial-ready within about 120 days of filing. Continuances (delays) were discouraged, and judges began scheduling existing backlogged cases on a rolling basis. These efforts show how urgently the system is trying to get through the backlog.
Why Are Civil Cases Delayed? (Pandemic & Filing Surges)
Beyond the pandemic shutdowns, another trend added to the backlog: a surge of new case filings in 2023. In March 2023, Florida passed a major tort reform law that changed several personal injury rules. Thousands of lawsuits were rushed to the courthouse in the weeks before the law took effect, as attorneys filed cases under the old rules. Statewide, the month of March 2023 saw an all-time record of over 280,000 new cases filed – more than double the normal volume floridabar.org. This flood of filings inevitably strained the courts and contributed to slower processing of cases.
In summary, Miami-Dade’s civil case delays are due to a perfect storm of factors: pandemic-related court closures, remote proceedings, and a spike in new lawsuits driven by legal changes. Even as courts fully reopened, they have more cases on their dockets than judges can quickly handle. The result for many plaintiffs and defendants is longer wait times for trial dates, hearings, and resolutions.
What Types of Lawsuits Are in the Backlog?
The civil case backlog isn’t limited to one kind of lawsuit – it spans many types of legal disputes. Here in Miami, some of the most common civil cases caught in the delay include:
- Personal Injury Claims (Negligence): These make up a large share of civil cases. They involve accidents and injuries caused by someone’s negligence – for example, car accidents, motorcycle crashes, slip and fall injuries, and other premises liability claims. If you were hurt because a property owner or driver was careless, your lawsuit falls under this category.
- Medical Malpractice and Other Torts: Cases where patients sue doctors or hospitals for negligence (malpractice) also go through the civil courts. As noted, such trials were paused during COVID, adding to the backlog in this area. Product liability and wrongful death claims also fall under tort cases that might be awaiting trial.
- Contract Disputes and Insurance Claims: A significant portion of civil lawsuits are contract actions, which often involve insurance issues. For instance, if an insurance company refuses to pay a valid claim (whether auto insurance, homeowner’s insurance, or business insurance), the policyholder may sue for breach of contract or bad faith. South Florida has seen many insurance-related cases – from hurricane damage claims to coverage disputes after accidents – contributing to court dockets.
- Other Civil Matters: The backlog can also include real estate disputes, business lawsuits, landlord-tenant cases, and more. Essentially, any case that’s not criminal and not family court goes into the civil division, and many have been delayed by the factors above.
For personal injury victims, the key takeaway is that you’re not alone – many folks seeking justice are experiencing longer timelines right now. Knowing what kinds of cases are in line helps set expectations. For example, a Miami car accident lawsuit might be waiting alongside other negligence cases and insurance battles for a turn in front of a judge.
How Court Delays Affect Accident Victims
“Justice delayed is justice denied,” as the saying goes. When you’ve been injured in an accident, delays in the legal process can be especially frustrating. You may be counting on compensation to pay medical bills, cover lost wages, or simply to get closure and move on with life. A backed-up court system means you might wait extra months (or even years) to have your day in court or receive a settlement.
These delays can put financial strain on victims. For instance, if you’re hurt in a car crash and suing a negligent driver, a slow case could mean you’re carrying the costs of treatment longer before reimbursement. Insurance companies are often aware of the backlog and might drag out settlement talks, hoping that desperate plaintiffs will accept lower offers rather than continue to wait. It’s an unfortunate reality that a clogged system can pressure injury victims into settling for less, just to resolve the case sooner.
This is where the guidance of a seasoned Miami car accident lawyer becomes vital. An experienced attorney can help you weather the storm of delays by keeping you informed, managing your case efficiently, and pushing when needed to get things moving. At Wolfson & Leon, we understand how difficult waiting can be when you’re hurting and bills are piling up. Our team works proactively to minimize delay impacts – whether by filing timely motions to keep the case on track, following up regularly with the court on scheduling, or exploring options like mediation if it serves your best interest. We make sure that insurance companies don’t take advantage of the situation. In short, while we can’t magically eliminate the court backlog, we do everything possible to speed up the resolution of your personal injury claim and protect your rights during the wait.
Experience Matters: Why You Need an Experienced Miami Accident Attorney
One consequence of the recent remote-hearing era is that some younger attorneys haven’t had many opportunities for live courtroom experience. When courts went virtual for hearings, a generation of newer lawyers found themselves arguing via Zoom from their desks rather than in front of a judge or jury. Some legal experts worry that this trend has led to an erosion of courtroom advocacy skills and traditional professionalism floridabar.org. Essentially, there is no substitute for standing up in a courtroom, following formal procedures, and presenting a case in person. Now, as in-person trials ramp back up to address the backlog, it’s more important than ever to have a lawyer who knows their way around the courtroom.
If your case does go to trial, you want someone at the podium who has been there before. At Wolfson & Leon, our attorneys have decades of combined trial experience – we’ve been standing up for accident victims since 1963. This depth of experience is one of our greatest strengths. We’ve handled countless jury trials over the years for car accidents, falls, and other injury cases. Our seasoned litigators know how to pick a jury, introduce evidence, cross-examine witnesses, and make compelling arguments to achieve the best outcome for you. We also take pride in mentoring the next generation of lawyers at our firm, so even our younger associates are guided by trial-hardened attorneys. When you hire a firm with true courtroom experience, you get the confidence that your legal team won’t be intimidated by a fast-paced trial schedule or tough judge. We’re ready to hit the ground running – which is exactly what you need when courts are moving quickly to reduce backlogs.
Remember, not every Miami personal injury attorney today has substantial trial experience. Some lawyers have primarily settled cases or only dealt with remote proceedings. There’s nothing wrong with settling – in fact, most cases do settle – but you’ll get the best settlement if the insurance company knows your lawyer is fully prepared to go to trial. Wolfson & Leon is a full-service litigation firm that will not hesitate to take a case to court if that’s what it takes to secure justice for you. Our reputation for going the distance can actually encourage fair settlement offers, because the other side knows we mean business. In an era where many attorneys might be out of their comfort zone in a courtroom, our trial-ready approach truly sets us apart.
Keeping Your Case Moving Forward
Given the delays in the civil litigation process, what can be done to move cases forward efficiently? Here are a few ways an experienced Miami accident attorney can help accelerate your case and navigate the backlog:
- Early Case Management: From day one, we develop a plan and timeline for your lawsuit. By promptly filing all necessary documents and responses, we avoid unnecessary lag time. We also request case management conferences with the court when appropriate, to ensure there’s a clear schedule for discovery, mediation, and trial. Staying organized and proactive prevents your case from falling through the cracks.
- Use of Remote Hearings: While trials are best in person, many pre-trial hearings can still be done via Zoom or phone. We leverage remote technology for routine status conferences or motions when possible, which can be faster to schedule. This helps us get quick decisions on procedural issues without waiting for an in-person calendar slot. It’s about using every tool available to keep the case progressing.
- Pressure on Insurance Companies: We don’t let the defense side stall endlessly. If we represent you in a car accident or slip and fall case, we make sure the at-fault party’s insurance knows we mean business. That might include setting firm deadlines for responses, pushing for mediation at the right time, or even filing a motion to set trial once your case is ready. Insurance companies and defense lawyers often adjust their pace when they see plaintiff’s counsel is aggressive and on top of the case.
- Trial-Ready Preparation: Perhaps most importantly, we prepare each case thoroughly as if it will go to trial. That means gathering evidence, deposing witnesses, and consulting experts early in the process. When a court suddenly offers a trial date (sometimes on short notice during a “blitz” period), we are ready to jump in and try the case. Being prepared not only avoids last-minute continuances, but also signals to the court that our case can be resolved when an opening arises. This level of readiness can get your case to the front of the line when opportunities come up.
By taking these steps, experienced attorneys like those at Wolfson & Leon help clients get through the legal system as efficiently as possible, even when the system itself is under strain. Our goal is to minimize the impact of delays on you. We handle the legal legwork and push the process forward so you can focus on healing and rebuilding your life after an injury.
Contact a Miami Personal Injury Attorney Today
Dealing with a civil lawsuit in Miami-Dade can feel daunting, especially with the current backlogs and delays. But you don’t have to go through it alone or in the dark. Wolfson & Leon is here to guide you every step of the way. With over 60 years of experience in personal injury litigation, our firm has the expertise, trial experience, and tenacity to overcome challenges and fight for the compensation you deserve. We understand the local court system and how to work within it to get results as efficiently as possible.
If you or a loved one has been injured in an accident in South Florida, don’t let court delays deter you from seeking justice. Reach out to Wolfson & Leon for a free, no-obligation case evaluation. We’ll explain your options, give you an honest outlook on timing, and aggressively pursue your claim while you concentrate on recovery. Call us today at (305) 285-1115 or contact us online to speak with an experienced Miami personal injury lawyer. We’re ready to help you navigate the legal process and will strive to turn a backlog situation into an opportunity to secure the outcome you need.
Don’t wait – the sooner you have a dedicated attorney on your case, the sooner we can push it forward. Contact Wolfson & Leon today for a consultation, and let our bilingual Miami accident attorneys put their litigation experience to work for you. We’ll handle the legal fight so you can focus on healing, confident that your case is in capable hands.