Apr 6, 2020

Filing a Personal Injury Claim: What You Need to Know

You might be entitled to monetary damages if you were hurt in an accident brought on by the carelessness of another person. Comprehending the process of submitting a personal injury claim in Florida can significantly impact your recuperation, both monetarily and physically.

Our skilled Miami personal injury lawyers at AccidentLawFirm.com are dedicated to assisting accident victims with each stage of the claims procedure. We recognize that following a severe injury, you might feel overburdened, perplexed, and uncertain of where to start. This guide explains everything you need to know to safeguard your rights and obtain the restitution you are due.

A Personal Injury Claim: What Is It?

A personal injury claim is a court procedure that enables you to demand damages from the person who caused your injury.

In Florida, you have the right to file a claim if your injuries were directly brought on by the acts—or inaction—of another person or organization.

Making you “whole” again through monetary compensation for your medical expenses, missed income, pain and suffering, property damage, and future care requirements is the aim of a personal injury claim.

Typical Reasons for Filing a Personal Injury Case

One or more of the following legal grounds may qualify you to make a personal injury claim:

1. Carelessness

This is the most typical foundation for cases involving personal injuries. Negligence occurs when someone fails to act with reasonable care, causing harm to another person.

Among the examples are:

• A motorist who causes an accident by running a red light
• A landowner who fails to clean up a spill
• A company that neglects to repair a damaged railing

2. Intentional Behavior

You may still file a civil lawsuit in addition to any criminal charges if the other party purposefully caused harm, as in the case of assault or physical attacks. Proof of intent to harm is necessary in these situations.

3. Tight Liability

In some circumstances, strict liability is also recognized in Florida. This implies that a defendant may be held accountable in situations involving dog bites or claims of defective products even in the absence of carelessness or malice.

How to Make a Florida Personal Injury Claim

You can prevent expensive errors and delays by being aware of the procedure. When submitting a claim, the following usually occurs:

• Seek Medical Attention Right away

Your health should always come first. Over time, even minor injuries can get worse. Another important piece of evidence for your claim is medical documentation.

• Collect Proof

Take pictures of your injuries, the scene, and any damage to your property. Gather police reports and witness statements, if any.

• Speak with an Attorney with Experience

Speak with a Miami personal injury attorney prior to interacting with insurance companies. Insurance companies frequently attempt to reduce payouts or pressure you into settling for less than you are due.

• Submit the Claim

In addition to preparing your paperwork and submitting a demand for compensation, your lawyer will also notify the at-fault party’s insurer.

• File a lawsuit or negotiate a settlement.

Although most cases are resolved out of court, your attorney may bring a lawsuit to secure a just outcome if talks break down.

Avoid These Errors When Making a Personal Injury Claim

Errors that can be prevented can undermine even compelling arguments. Here are some typical errors to steer clear of:

Speaking with insurance adjusters without seeking legal counsel
They might misrepresent you in order to lower your payout.

Postponing medical care
It may appear that your injuries are not serious if you put off seeing a doctor.

Sharing information about the mishap on social media
Insurance companies frequently keep an eye on your posts and may use them against you.

Getting settled too soon
Wait until you have a complete understanding of your injuries and future medical expenses before accepting an offer.

Get in touch with AccidentLawFirm.com immediately if you’re unclear about what to do next. We can examine your case, go over your options, and steer you clear of typical pitfalls.

Why Opt for AccidentLawFirm.com?

Our Miami-based legal team has a wealth of experience defending Florida injury victims. We deal with cases involving slip and fall incidents, truck collisions, motorcycle injuries, and more.

Selecting AccidentLawFirm.com will result in a legal practice that:

• Gives each client individualized attention
• Vigorously combats insurance companies
• Possesses a track record of successful verdicts and settlements

Our first priority is your recovery. Allow us to assist you in getting back on your feet.

Reach Out to Our Office Right Now

Did someone else’s carelessness cause you to suffer significant injuries? You should be compensated fairly and completely.
Our skilled Miami personal injury lawyers at AccidentLawFirm.com are prepared to defend your rights.

To arrange your free consultation and find out how we can assist you in developing a compelling case right away, give us a call today.

FAQs Regarding Making a Florida Personal Injury Claim

How much time do I have in Florida to make a personal injury claim?

According to Florida’s statute of limitations, you typically have two years from the date of the accident to bring a lawsuit. There are some exceptions, though, so it’s advisable to speak with a lawyer right away.

What is the value of my personal injury case?

The amount is determined by a number of variables, including the extent of your injuries, lost income, medical expenses, and your level of pain and suffering. A personal injury lawyer can assess your particular circumstances.

Does filing a personal injury claim require me to appear in court?

Not always. Although most cases are settled out of court, your attorney will be ready to go to trial if necessary.

If I was partially at fault, can I still make a claim?

Indeed. Although your compensation may be lowered proportionately, Florida’s modified comparative negligence rule allows you to recover damages as long as you were less than 50% at fault.

What is the price of hiring a Florida personal injury attorney?

The majority of attorneys, including AccidentLawFirm.com, take cases on a contingency fee basis, meaning you don’t pay them anything unless they win.