Florida’s Personal Injury Claims Process – What Should You Know?

FL personal injury claim process

From car accidents to medical malpractice and slips and falls, making a personal injury claim can be a challenge. The process of making an injury claim must be properly followed to ensure that compensation can be received.

In the state of Florida, the first step to file your injury claim involves hiring a suitably experienced Orlando injury attorney. Although it may appear daunting to seek help from a lawyer, you can be confident your case will be handled more efficiently and speedily with the assistance of a legal professional on board.

Settling A Personal Injury Claim – How Long Will It Take?

Depending on how quickly you get help from an attorney after your injury, you claim may take anything from a few months to a few years to finally settle. There are, however, specific timeframes in which a lawsuit can be filed, so seeking legal help quickly couldn’t be more important. Florida’s Statute of Limitations states that you only have 4 years within which an injury claim lawsuit can be filed. 

How Does A Personal Injury Claim Work?

If you are injured because of a third party’s oversight, you can make a claim for personal injury. There are several common types of personal injury claims. These include:

- Motor vehicle accidents
- Animal attacks and dog bites
- Injuries due to defective products
- Pedestrian accidents
- Slips and falls
- Medical malpractice

There are several steps involved in filing a claim for personal injury in Florida. 

- Sending a demand letter to the insurer. This outlines your injuries and the necessary treatment as well as your losses due to the injury.
- Filing your complaint. If your claim for personal injury is denied by the insurer, you can issue a complaint to the courts.
- Discovery. Your attorney will collect documentation and evidence about your injury including police reports, videos, and photos, medical records and bills, insurance claims, and evidence of lost wages. This information is put together in a deposition.
- Settlement. Only 4 to 5% of personal injury claims go to trial, with most claims being settled in pretrial. Settlements are arranged with a compensation package that both parties agree to that includes cover for medical costs.
- Trial. If the case goes to court, the jury or judge hears from each party and decides on the verdict. Should the defendant be found to be at fault, you’ll receive compensation.

Settling Your Claim

Florida injury claims can be settled by an informal or formal settlement. Formal settlements are decided in court, whereas informal settlements are settled via negotiation outside the courtroom. Formal settlements take much longer to reach than informal ones. 

If you’ve been injured or hurt in Florida and want to begin the process of claiming compensation for your injuries, it’s essential to see legal advice. An experienced attorney can ensure you get the guidance and advice you need and can help you to file your compensation claim for your suffering and pain, not to mention your monetary losses.

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Posted - 07/07/2020