A personal injury claim in Florida can be a lot to handle. If you have been injured in an accident due to the negligence, carelessness, or recklessness of another party, you might be considering what steps you can take to receive compensation for the resulting expenses you have had to endure. We will help with Personal Injury Claims Process in Florida here.
If you have never been involved in a personal injury lawsuit, you might also have many questions about Florida’s personal injury claims process.
Personal injury law can be slightly different in each state. It is always a good idea to hire a personal injury lawyer with extensive experience in your state’s personal injury laws and regulations.
This post will discuss the crucial points you must remember while filing a personal injury lawsuit against someone in Florida.
Crucial Things to Know About the Personal Injury Claims Process in Florida
The Florida Statutes Section 95.11 sets the time limit for personal injury lawsuits as four years from the date of the accident. If you have suffered from an injury due to someone else’s recklessness or carelessness for your safety, the law offers you ample time to file a claim to seek the compensation you may deserve. Failing to file a claim within the allotted time can result in you losing the opportunity to receive the compensation that you need.
Another point to remember is that Florida is known as a no-fault state. This means that the courts in this state typically do not get involved in car accident cases, unless the injuries you suffered are catastrophic.
Since Florida is a no-fault state, you will be expected to use your Personal Injury Protection (PIP) insurance before filing a lawsuit against the individual or entity responsible for your injury. This insurance provides you coverage for up to $10,000.
In Florida, drivers have the legal duty to abide by all traffic laws and act in a reasonably safe manner. If a motorist fails to abide by all the laws, they can be held liable for any resulting damages.
Understanding the Personal Injury Claims Process
This section of the post will discuss the personal injury lawsuit process in Florida in a step-by-step manner to help you understand what you can expect.
1. Contacting a Personal Injury Lawyer
Contacting and hiring a personal injury lawyer who specializes in Florida personal injury law is the first well-advised step you should take. Their expertise on the rules and regulations will come in handy to help guide you through the legal process.
Most personal injury lawyers offer complimentary initial consultations. Additionally, hiring a personal injury lawyer is affordable. Personal injury lawyers typically work on a contingency fee basis. This means that you will usually only need to pay if they help you reach a fair settlement that you accept.
Make sure that you keep all the receipts for any medical bills and payments you make during your treatment for any injuries sustained in the accident. Ensuring that you keep a record of all medical bills, photos and videos, police reports, and any other documentation concerning lost wages due to the injury are crucial for your case.
2. Contact Your Insurance Provider
If you have sustained injuries in an accident, you should contact your insurance provider to check whether they will provide you the coverage necessary to take care of your medical bills. The insurance company of the responsible party should also be contacted, but it is recommended to have an experienced attorney have this conversation on your behalf to avoid anything being misconstrued against you.
You need to send a formal letter, called a Demand Letter, to the insurance company. Your personal injury attorney can help you prepare this document. The Demand Letter should include what caused the accident, outline your injuries and medical treatment, the pain and suffering you have experienced, and the wages lost due to the accident.
Your personal injury lawyer will recommend adding any further information in the letter, as necessary.
3. File a Complaint
Insurance companies are not too keen on offering a lot of compensation. If the insurance provider does not accept your Demand Letter or declines to compensate you for your claim, your personal injury lawyer must file a complaint with the Florida court system.
The complaint will highlight all the evidence that you stated in the Demand Letter and ask the court to make a judgement in the matter.
The next step will involve you working with your attorney to go through all the evidence. This includes all documentation you might have of your injuries and the accident, such as paperwork, photos, videos, and anything else you have collected following the incident.
Your lawyer will then put forth all of the information as a formal deposition. A deposition involves swearing that all the information you have provided is truthful and accurate, to your knowledge. During the discovery process, either of the parties involved can file a motion with the court to delay the case, agree to a settlement, or dismiss the case.
5. Finalize the Treatment
Depending on the severity of your injuries, it could take a while for you to fully recover after the incident. Nevertheless, it is best to contact a personal injury lawyer, even while you are recovering, to make sure that your claim is immediately taken care of. This can help you ensure that your claim will include the entire expenses you had to cover for the injuries you sustained.
It is uncommon for personal injury lawsuits in Florida to go to court. Most cases end up being resolved in out-of-court settlements since taking the case to trial can be expensive. However, it may become necessary to take your case to court.
If your case goes to trial, a court will listen to your side of the story regarding the incident, as well as the offending party’s side. Your personal injury lawyer must present the facts and evidence of your case to the court. The lawyer must conclude that the defendant breached Florida’s Duty of Care in your case and caused you damages.
The court will listen to arguments from both sides and decide whether you should receive the requested compensation. Having a strong case is necessary because your case will be dismissed if it does not have merit.
7. Formal or Informal Settlement of the Case
If a court has to decide what will happen in your personal injury claim, it constitutes a formal settlement. A formal settlement typically takes a longer time than an informal settlement.
Settlements made outside of the court system are considered informal settlements. Most cases end up being resolved through informal settlements, in which both parties are satisfied with the outcome.
8. Obtaining the Settlement
It is possible to receive monetary compensation for your personal injury lawsuit in Florida within two weeks after a settlement is reached. However, a formal settlement may take much longer for you to receive the settlement amount. In such a case, the defendant is expected to pay the dues within 21 days. You should know that each case is different. It is possible that the time taken to receive the compensation could be longer in a formal settlement.
Hiring a personal injury lawyer in Florida is crucial if you want to ensure that you have the best chance of seeking the full compensation that you deserve in your lawsuit. Frankl&Kominsky Injury Lawyers is a law firm that specializes in helping their clients deal with personal injury cases.
Based in Palm Beach, the lawyers from Frankl&Kominsky Injury Lawyers have several years of experience helping their clients recover the damages for injuries they have suffered because of someone else’s fault. Working with them can help you build a strong case and have the best possible outcome for your personal injury lawsuit palm beach in Florida.