Things you need to know before filing a personal injury claim include the statutes of limitations, the role of the insurance company, and the importance of legal help. An accident can be devastating, but you may be able to hold the at-fault party accountable.
Our personal injury lawyers in Fort Lauderdale have recovered more than $250 million on behalf of injured Florida residents. We can investigate the incident that led to your injuries, identify liable parties, and fight for the compensation you deserve. Call for a free consultation.
The adjuster handling your claim works for the insurance company, not for you. Their job is to resolve your claim for as little money as possible. That often means offering a quick settlement that’s much lower than what your claim is really worth.
They know the true value of your claim, but they hope you don’t. Once you settle, you typically waive your right to future compensation, even if your condition gets worse. Do not sign any release or accept any payment before you know what your claim is actually worth.
2. An Attorney Can Provide Indispensable Support
Handling a personal injury claim on your own is possible, but it isn’t easy. You’ll need to take on an insurance company and its legal team while you are trying to recover. Working with a personal injury lawyer almost always means a smoother process. Your lawyers can:
- Investigate your accident
- Determine who is liable for your injuries
- Manage your claim and interact with insurers
- Calculate your maximum compensation
- Negligence for a fair settlement
- Represent you in court if necessary
You will have a contingency fee when hiring our personal injury lawyers, meaning you pay nothing upfront and no fee unless we win. Florida Bar rules govern how contingency fees are structured, so you will know what to expect before you sign anything.
3. You Must Prove Negligence
A personal injury claim is not just about showing you got hurt. You have to show that someone else was legally responsible for what happened. That means proving
- The other party had a duty of care
- They breached their duty
- The breach resulted in your injury
- You suffered actual damages
This is one of the reasons hiring a personal injury lawyer is important. We can help you identify what you need to build a solid case.
4. You Can Recover More than Just Medical Costs
Many people assume a personal injury claim only covers hospital bills. In Florida, you can recover much more than that. Depending on the circumstances of your case and the type of claim, you may be able to recover compensation for:
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
You and your attorney will need documentation that shows the real impact the injury has had on you. The more specific and consistent your record is, the stronger your claim for these damages will be.
5. Documentation Plays a Major Role in Your Case
The evidence you gather in the days and weeks after an injury can determine how much your case is worth. This can include:
- Photos of the scene and injuries
- Medical records and bills
- Police or incident reports
- Witness contact information
Keep a personal injury journal documenting your pain and recovery. Hold on to invoices and receipts from bills you had to pay directly due to your accident. This can help your attorney arrive at the maximum compensation amount the insurer owes you.
Call or text 800-602-5000 or complete a Free Case Evaluation form
6. Most Cases Settle Out of Court
Few personal injury cases actually go to trial. Most settle, and the strength of your case plays a big role in how those negotiations go. When the evidence is solid, and you have an attorney who knows the value of your claim, you are in a much better position to push back on a low offer.
That said, settlement is not always the right answer. If the insurance company representing the at-fault party will not agree to an amount that fully covers your losses, your attorney can take your fight to the courtroom.
7. You May Recover Damages Even if You Were Partially to Blame
Florida follows a modified comparative negligence standard. This means that if you are found to be more than 50% at fault for the accident, you cannot recover any compensation at all. If you are 50% or less at fault, your award is reduced by your percentage of fault.
This rule is helpful in some circumstances, but it also means the defense will work hard to shift blame onto you, which can affect any compensation you receive.
8. You Only Have Limited Time to FIle Your CLaim
Every personal injury claim has a filing deadline called the statute of limitations. In Florida, you have two years from the date of injury to file a lawsuit, according to Florida Statutes § 95.11. If you file after the deadline, the court will dismiss your case, no matter how strong your evidence.
There are limited exceptions for certain situations, and car crash claims have additional deadlines under Florida’s No-Fault insurance regulations. It’s smart to talk to an attorney soon after you’re injured so you fully understand your deadlines.
For a free legal consultation, with a personal injury lawyer
Call 800-602-5000
Get Help With Your Personal Injury Case
Before you file a personal injury claim, you should know the importance of documentation, what it means to prove negligence, and how an attorney can help with your case. It is extremely challenging to take on an insurance company and its attorneys by yourself.
Our team at Blakeley Car Accident & Personal Injury Lawyers has more than four decades of combined legal experience. If you have been injured in an accident that wasn’t your fault, call today for a free consultation.
