Florida tort laws hold a party liable if they cause someone to be injured or suffer harm because of the party’s negligence, intentional acts, or other wrongdoing. A personal injury claim is an allegation that the at-fault party is financially responsible for damages.
Personal injury claims may arise because of numerous accidents and situations, including:
- Car accidents
- Nursing home abuse
- Medical malpractice
- Slip and fall accidents
- Defective products
- Truck accidents
- Workplace accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Premises liability
If you are injured in an accident or incident caused by another party, understanding the personal injury claims process can help you protect your rights. Knowing what to expect and how to handle each step gives you a better chance of receiving a fair settlement.
Steps in the Personal Injury Claims Process
Each personal injury claim is unique. However, many cases share the same steps in filing and resolving a claim. The steps include:
Initial Steps After an Injury or Accident
Immediately after an accident or injury, contact EMS and the police if appropriate. If your accident involves a fall or injury on someone’s property, report the injury to the property owner or other responsible party.
Seek prompt medical treatment for injuries. Proving a personal injury case requires medical records establishing your injuries. Delays in medical care could cause problems in your case.
If possible, preserve evidence from the scene by photographing and making a video of the area. Ask witnesses for their names and contact details.
Schedule a Free Consultation With a Personal Injury Lawyer
Most personal injury lawyers offer free consultations for injury victims. Take advantage of a free case review to learn about your legal options. Even though you do not need to hire a personal injury lawyer, working with an attorney benefits you in many ways.
An attorney has the resources to investigate a claim and gather evidence. Lawyers understand the laws governing your claim, including what you must prove to hold a party liable for economic and non-economic damages. Attorneys also understand damages and how much your case is worth.
The insurance company has a team of professionals working to protect it from liability. You deserve a team of lawyers and legal professionals working to protect your best interests. Furthermore, most injury lawyers accept cases for a contingency fee, so you do not pay any upfront fees to hire an attorney.
File an Insurance Claim
Most personal injury cases involve an insurance claim. Liability insurance compensates accident victims when an insured causes an accident or injury.
However, dealing with an insurance company can be challenging. The company actively tries to deny or undervalue your claim to avoid paying a large amount to resolve your claim.
Everything you say to an insurance adjuster could be used to dispute your claim. Allowing an attorney to handle communications with the insurance company is best.
Investigation and Gathering Evidence
Your attorney investigates the circumstances that led to your injuries. The attorney gathers evidence to identify the party or parties responsible for causing your injuries. Pursuing each responsible party increases the chance of receiving compensation for all damages.
As the injured party, you have the burden of proving the legal elements of a personal injury claim. Your lawyer gathers evidence proving causation, fault, and damages. There must be sufficient evidence proving each element to win a case.
Negotiating a Personal Injury Settlement
After you complete medical treatment and your lawyer completes the investigation, it is time to begin settlement negotiations. Your attorney prepares a settlement demand letter for the insurance provider. A demand letter has several sections, including:
- Identification of the parties in the case
- Description of the circumstances leading to the victim’s injuries
- Explanation of your injuries and impairments
- Discussion of the laws creating liability for your damages
- List your damages and their values
- Demand for an amount to settle your claim
The insurance company may pay your claim or send a counterclaim for a lower amount. The company could deny liability for your claim. Generally, attorneys allow for negotiations with the insurance company. Back-and-forth negotiations could take several weeks or months. When all parties agree to a settlement amount, your lawyer prepares the paperwork for settlement.
Filing a Personal Injury Lawsuit
Some personal injury cases do not settle through negotiations. If the insurance company or at-fault party refuses to negotiate in good faith, you may need to file a personal injury lawsuit.
Lawsuits are filed with the court and served on the other parties. The complaint alleges that the parties caused your injuries and are responsible for your damages. A personal injury lawsuit can take more than a year to go to trial. However, the case could be settled before trial.
Seeking Help From a Florida Personal Injury Lawyer
Talk with a lawyer if you have questions about a personal injury claim. Florida personal injury law firms meet with injured victims for free. They explain the law and how victims can use the law to recover compensation for injuries and damages.
Devon K. Workman is a founding attorney of Workman Car Accident & Personal Injury Lawyers, a top-rated Florida personal injury law firm. Their firm has built a reputation for securing justice and maximum compensation for their clients, with over 30 million dollars recovered in compensation. Schedule a free consultation to discuss your case.
