What Is the Florida Personal Injury Claim Process?

Have you recently suffered an injury for which someone else is to blame? If so, that person could owe you money – but you’ll have to go through the Florida personal injury claims process to get it. This involves gathering evidence, getting medical treatment, and, crucially, getting in touch with an experienced personal injury attorney.

 

What Are the Different Stages of a Florida Personal Injury Claim?

Ready to start your Florida personal injury claim? You’ll have to go through the following steps.

Gather Evidence at the Accident Scene

In many ways, your personal injury claim begins the moment you get hurt. You can lay the groundwork for success by gathering as much information at the scene as you can. This might involve:

• Taking photos of the accident scene, your injuries, and the conditions
• Getting the names and contact info of involved parties and eyewitnesses
• Reporting the accident to relevant authorities, such as the police or a store manager

Get Medical Attention Immediately

Next, you’ll want to see a doctor as soon after the accident as possible. Medical care is crucial to diagnosing and treating any injuries you’ve suffered, including those you might not be aware of yet. It also creates a record linking those injuries to the accident, which makes it harder for an insurance company to second-guess you later. Insurers can see that you are being proactive about getting better, too.

Consult a Florida Personal Injury Lawyer

Once your condition has stabilized, it’s time to get in touch with an attorney. The sooner you involve a personal injury lawyer in your claim, the more they can do for you – and the less you’ll have to do yourself.

Many accident victims worry about the cost of hiring legal help. However, most personal injury lawyers work on contingency. That means there’s no upfront expense to hiring one. Instead, you only pay them a portion of your compensation award if they win your case.

Investigate the Accident

At this point, you can turn your attention away from your personal injury case and focus on your medical recovery. While you do that, your attorney will investigate the accident to determine what happened and establish who’s to blame. At the same time, they’ll work to calculate the present and future costs of your injuries. Those costs include financial ones like medical expenses and lost income and personal ones like pain and suffering.

Send a Demand Letter to the At-Fault Party

Once your lawyer knows who’s liable for your injuries and how much they owe you, they will start the formal claims process by sending them a demand letter. This document outlines your version of events, why the recipient is at fault for what you’ve suffered, and a number your attorney believes represents fair compensation. The at-fault party (or, more likely, their insurance provider) can either accept liability, dispute the contents of the demand letter, or make a counteroffer.

Negotiate a Settlement

Assuming the liable party doesn’t agree to pay your initial demand, they and your attorney will now go through a series of negotiations. Both sides will go back and forth, trying to get the other to offer better terms. Your attorney will fight to get you as much as possible, backing up their argument with the threat of a lawsuit.

Trials are expensive, time-consuming, and unpredictable – and the insurance company wants to avoid one. However, if it thinks that doing so makes more financial sense, it might risk the uncertainty of a trial in the hopes that it will prevail. Most personal injury claims settle before trial, though.

Sign Settlement Papers

If negotiations result in mutually acceptable terms, the insurance company will present a settlement offer to you. By signing this offer, you agree to release them from further liability in exchange for a certain amount of money. You will receive your money either as a lump sum or over time as a series of payments.

File a Lawsuit if Negotiations Fail

If the insurance company digs in its heels and refuses to make you a fair offer, your attorney will file a personal injury lawsuit. This keeps the pressure on the insurance company, showing that you and the attorney are serious about your case and willing to see it through. It also serves as a fallback position if the insurer truly won’t negotiate further. Ultimately, going to trial might be the best way to get you the full amount you deserve.

Go to Trial

The trial stage is an entire process itself – one that involves deposing witnesses, going through the discovery process to narrow down the facts of the case, and filing motions to solidify each side’s position. Next, the case will head to the courtroom, where both sides make their arguments before a judge or jury. They will each ask the court to weigh the evidence and decide in favor of one side.

Throughout this process, your attorney and the insurance company can continue negotiating a settlement, which remains a possibility until the court hands down a verdict. Otherwise, the judge or jury will either rule in your favor or against you. If they rule against you, you may be able to file an appeal. If you win the case, the court will order the at-fault party to pay you for your losses.

What Is the Statute of Limitations for a Personal Injury Lawsuit in Florida?

The statute of limitations on personal injury claims in Florida gives you a specific deadline for filing your lawsuit. Under most circumstances, you have just two years from the date of your injury to bring your case. Filing late will likely result in a dismissal, costing you your day in court.

Contact a Florida Personal Injury Lawyer

Are you dealing with an injury you suffered because of someone else’s careless or reckless behavior? If so, you’ll want a tough-as-nails attorney to help you demand the fair compensation you need to rebuild your life.

Contact Zervos & Calta, PLLC today for a free consultation with a Florida personal injury attorney, and let us put our 50 years of combined experience to work for you. Our dedication and skills have allowed us to recover millions for injury victims, including $3 million for a motor vehicle accident. One client we helped says, “They are honest with you, very professional, kept me informed, are extremely knowledgeable, sympathetic and treated me like I mattered!”

To learn more, reach out to our experienced personal injury lawyers today.

Visit Our Florida Personal Injury Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.