If you have been injured in an accident, it is important to understand Florida’s personal injury claim process. Filing a personal injury claim can be confusing and overwhelming. The Fran Haasch Law Group team can help you navigate the legal process. We understand the importance of the attorney-client relationship and will take quick action for your case.
How Do I Know If I Have a Personal Injury Case?
The first step in the personal injury claim process is determining whether you have a valid case. To have a valid personal injury claim, you must prove that another party was negligent and that their negligence caused your injuries. If you are unsure whether you have a case, our team of experienced attorneys can review the details of your accident and advise you on the best course of action.
Types of Claims
There are many different personal injury cases, but some of the most common include car accidents, truck accidents, pedestrian accidents, and motorcycle accidents. No matter what kind of accident you were involved in, our team of experienced attorneys can help you file a personal injury claim.
Personal Injury Statute of Limitations
It is important to note that there is a statute of limitations for personal injury claims in Florida. The statute of limitations for most personal injury cases is two years. This means you only have a certain amount of time to file a claim. If you do not file your claim within the specified timeframe, you will be unable to obtain compensation for your injuries.
Personal Injury Claims Process
Get Medical Treatment
If you have been injured in an accident, it is important to seek medical treatment as soon as possible. This will ensure that you receive the proper care for your injuries, but it will also create a record of your injuries. This medical record will be important when filing your personal injury claim.
Hiring a Personal Injury Attorney
Once you have received medical treatment, the next step is to hire an attorney. Our injury attorneys will review the details of your accident and advise you on the best course of action. We will guide you through every step of the claim process and help you obtain the compensation you deserve.
Notify Your Insurance Company
After you have hired an attorney, the next step is to notify your insurance company. You should never contact your insurance company without first consulting with an attorney.
Determine Fault
Determining who was at fault for the accident is a complex process, but our team of experienced attorneys will guide you through every step. Liable parties in your claim may include:
- The other driver
- Your employer
- A government entity
- The manufacturer of a defective product
Gather Evidence
If you have been injured in an accident, it is important to gather evidence. This evidence will be used to support your claim and help prove that another party was negligent. Some of the evidence that may be gathered includes:
Some of the evidence that you should collect includes:
- Photos of the accident scene
- Medical records
- Witness statements
- Police reports
Keep Track of Expenses
Once you have gathered all of the evidence and documentation related to your accident, our team of experienced attorneys will help you calculate your damages. This includes:
- Medical bills – This includes the cost of any treatment you have received due to your injuries, including hospitalization, surgery, and rehabilitation.
- Lost wages – If you have been unable to work because of your injuries, you may be entitled to compensation for your lost wages.
- Pain and suffering – You may be entitled to compensation for the physical pain and emotional suffering you have endured due to your injuries.
After your damages have been calculated, our team of experienced attorneys will file your personal injury claim. We will negotiate with the insurance company on your behalf to help you obtain the full amount of compensation you are entitled to.
Discovery
The discovery phase is important in a claim because it allows attorneys to gather evidence and build their cases. During the discovery phase, attorneys will collect medical records, police reports, witness statements, and other relevant information. This information will be used to support the injured person’s claim and help them obtain the compensation they deserve.
The Demand Letter
The demand letter is a formal request for compensation. This letter will outline the injuries you have suffered and the expenses you have incurred from the accident.
Negotiation
One of the most important aspects of personal injury claims is negotiation. The vast majority of personal injury cases are settled out of court, and negotiation is how these settlements are reached.
The negotiation process is an opportunity for both sides to reach an agreement without a trial. If the insurance company is unwilling to offer a fair settlement, our team of experienced attorneys will be prepared to take your case to trial.
Trial
If your case goes to trial, our team of experienced attorneys will be by your side every step of the way. We will present your case and fight for the compensation you deserve.
The trial phase should be considered a last resort, as it is often lengthy and expensive. It is also important to note that even if you win your case, there is no guarantee that you will receive the full amount of compensation you are seeking.
Receiving Compensation
If you are successful in your personal injury claim, you will receive compensation for your damages. This compensation can come in a lump-sum payment or structured payments.
Lump-Sum Payments vs. Structured Payments
Lump-sum payments are typically paid in one lump sum. This type of payment is often used to settle injury cases.
Structured settlements are periodic payments made over a set period of time. These types of payments are often used to settle workers’ compensation cases.
No matter what type of compensation you receive, our team of experienced attorneys will be there to help you through the process. We will work tirelessly to help you obtain the full amount of compensation you are entitled to.
Comparative Negligence in Florida
As of March 2023, Florida has transitioned from a pure comparative fault system to a “greater percentage of fault” approach under HB 837. This new system prohibits a party from seeking damages if they are determined to be over 50% responsible for their own harm. By consulting with a proficient attorney, you can obtain comprehensive guidance on navigating these changes and securing the compensation you deserve after an accident.
Damages You Can Recover in a Personal Injury Lawsuit
In an injury lawsuit, you may be able to recover both economic and non-economic damages. Economic damages are those that have a specific monetary value, such as:
- Medical bills
- Lost wages
- Property damage
Non-economic damages are those that do not have a specific monetary value, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages are awarded in rare cases and are designed to punish the wrongdoer and deter future misconduct.
How Long Does it Take to Settle a Personal Injury Claim?
The length of time it takes to settle an injury claim depends on many factors, such as the severity of your injuries and the amount of damages you are seeking. In some cases, claims can be settled within a few months, while others may take years to resolve.
What Are the Benefits of Hiring a Personal Injury Lawyer?
There are many benefits of hiring an injury lawyer to handle your claim, such as:
- You will have someone on your side who is experienced in handling personal injury cases.
- You will have someone on your side who is familiar with the law and knows how to navigate the legal system.
- You will have someone on your side who is familiar with the insurance claims process and will be able to negotiate with the insurance companies on your behalf.
- You will have someone on your side who will fight for your rights and make sure you receive the full amount of compensation you are entitled to.
How Much Does it Cost to Hire a Lawyer?
Most personal injury attorneys work on a contingency fee basis. This means they do not receive any payment unless they obtain a settlement for you.
Contact a Personal Injury Lawyer Today
If you or someone you love has been injured in an accident, contact The Fran Haasch Law Group Today. We will review your case and advise you of your legal options. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed.
There is no obligation to hire our firm, and we only get paid if we recover damages for you. Call (727) 784-8191 or contact us online to get started on receiving maximum compensation for your personal injury case.
