If you have been injured due to the negligent actions of someone else in Florida, filing a personal injury claim is necessary to receive compensation for your damages and losses. A personal injury claim aims to recover monetary compensation for losses resulting from an accident like medical expenses, lost wages, and pain, and suffering.
However, before filing your claim, it is essential to understand the legal process and the dos and don’ts of personal injury claims in Florida.
Table of Contents
Seek Medical Attention
The first and most important thing to do after being involved in an accident or sustaining an injury is to seek medical attention. Even if you think your injuries are minor, a medical professional can provide documentation of your injuries that could be necessary for your personal injury claim.
Document the Scene and Gather Evidence
After seeking medical attention, it’s essential to gather evidence for your personal injury claim. This includes taking pictures of the scene, damage to property, and your injuries.
If there were witnesses to your accident, gather their contact information as their testimony could be valuable to your claim.
Contact an Experienced Personal Injury Attorney
Filing a personal injury claim requires knowledge of Florida’s personal injury laws and the legal system as a whole. Therefore, it’s critical to hire an experienced personal injury attorney to help you navigate the legal process and maximize your settlement.
Notify The At-Fault Party and Their Insurance Company
Once you have hired a personal injury attorney, they will help you notify the at-fault party and their insurance company of your intent to file a personal injury claim. It’s recommended that you do not make any statements to these parties yourself as they can be used against you later.
Keep Accurate Records
Keep accurate records of all expenses related to your injury, including medical bills, lost wages, and any other costs incurred because of the accident.
The Statute Of Limitations
Florida’s statute of limitations for filing a personal injury claim is four years from the date of the accident. It’s essential to file your claim within this time frame; otherwise, you may lose your right to compensation.
Settlement Offers
Once the at-fault party and their insurance company receive notification of your claim, they may offer a settlement. It’s important to have your personal injury attorney review any settlement offers before accepting them as they can be less than what you’re entitled to receive.
Pre-Trial Negotiation and Mediation
If a settlement cannot be reached, your personal injury attorney may suggest pre-trial negotiation or mediation as an alternative to going to trial. These processes can be an effective way to settle a personal injury claim without going through a lengthy and costly trial.
Trial
If a settlement cannot be reached through pre-trial negotiation or mediation, your case may proceed to trial. Your attorney will present your case to a judge or jury, and they will decide the outcome of your case.
Conclusion
Filing a personal injury claim in Florida can be complicated and time-consuming. However, understanding the legal process and working with an experienced personal injury attorney can help you receive the compensation you deserve for your injuries and losses. Remember to take the necessary steps outlined in this guide and always seek medical attention first.