How Does a Personal Injury Claim Work in Florida?

Personal injury law allows an injured person to pursue financial compensation from the party responsible for their injury. Some of the most common personal injury claims are the result of defective products, slip-and-fall accidents, and car accidents. You may ask yourself, “How does a personal injury claim work in Florida?”

Why Choose Paul Figueroa Law

Having a skilled attorney can help you during this overwhelming and scary time. Attorney Paul Figueroa has over a decade of experience working with individuals and families in personal injury cases in Florida. Here at Paul Figueroa Law, our team can meet with you regarding your personal injury claim. We know you need a law firm you can put your trust in, and we can be there for you.

Personal Injury Claims in Florida

In Florida, car-related accidents are one of the leading causes of personal injuries. In 2023, there were approximately 395,175 reported car accidents according to the Florida Highway Safety & Motor Vehicles report. You have the right to seek compensation for injuries suffered in an accident at the fault of someone else, and our Tampa personal injury lawyer can help you.

Florida is a no-fault state, meaning that regardless of who is responsible, insurance providers are required to pay medical costs. Florida drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) to pay some of those costs. The no-fault policy only covers the cost of medical care. Injured victims can still take legal action for other damages or if PIP doesn’t provide full coverage.

If you believe you or your loved ones qualify for a personal injury claim under Florida law, it is imperative to contact an attorney immediately. Timing is crucial when it comes to personal injury in Florida since the statute of limitations is only two years from the date of injury, with few exceptions. Exceptions apply to cases where injuries do not surface immediately, but are a result of the accident.

Proving Your Personal Injury Claim

Evidence is key to proving your personal injury claim. In Florida, you can pursue economic damages (lost wages and medical bills) and non-economic damages (pain and suffering). Lost wages and medical bills require documentation and accurate records to validate your case. Pain and suffering includes both physical and mental injuries and can include the stress caused by recovery and the effect your injury has had on your life.

Gathering evidence should happen immediately after an accident. This includes taking photographs of the scene, visible injuries, and any visible property damage.

After leaving the accident scene, it is important to seek medical attention immediately, even if you feel you are not injured. Some injuries can lie dormant and may not become apparent for hours or days after the accident. Medical documentation is strong proof when linking your injuries to your accident.

Witness testimonies also add value to your claim. These testimonies can come from your physician, mental health provider, family, and friends. Your personal injury attorney can then prepare a demand letter to notify the other party that you are filing a claim because of the accident.

Your attorney can act as a liaison between you, the defendant, and the insurance companies. When you hire a personal injury lawyer, they can take a lot of the legal stress away from you.

FAQs

Q: How Are Personal Injury Settlements Paid Out in Florida?

A: In Florida, personal injury settlements are often paid out by the defendant’s insurance company directly to your attorney once both parties come to a full agreement on the terms of the settlement. Your attorney will then disburse funds to you after deducting their fees, case costs, and any outstanding debts.

Q: What Are the Chances of Winning a Personal Injury Claim?

A: Your chances of winning a personal injury claim depend on the overall strength of your case. Many cases that go to trial end in victory for the plaintiff. However, personal injury claims are often resolved during pre-trial settlements between your attorney and the defendant’s insurance company. Having a skilled personal injury attorney on your side can increase your chances of winning a personal injury claim and receiving compensation.

Q: What Is the Hardest Injury to Prove in a Personal Injury Case?

A: The hardest injuries to prove in a personal injury claim are psychological and emotional injuries. Anxiety, PTSD, and depression are often difficult to prove because they are less tangible than physical injuries and require strong statements from a mental health provider.

Insurance companies are quick to dismiss these types of injuries because they are not visible, making them more subjective. It is important to seek help from a medical professional to prove mental and emotional harm.

Q: How Much Should I Settle My Personal Injury Claim for?

A: The amount you should settle your personal injury claim for depends on your specific case details. The severity of your injuries, the cost for your medical care, lost wages, and pain and suffering should all be taken into account when calculating your settlement.

You may want to ask for more than what you hope to receive to leave room for negotiations with the defendant’s insurance company. It’s important to note that Florida law does not cap the award for personal injury claims.

Hire a Personal Injury Lawyer

In 2023, there were 62 million injuries nationwide, resulting in $1.2 billion in medical fees. That same year, Florida had a preventable death rate of approximately 74.4 per 100,000 people. If you or someone you love has fallen victim to a preventable personal injury, you should call a personal injury lawyer as soon as possible.

Located in Hillsborough County, Paul Figueroa Law can help those seeking compensation after suffering from an injury due to the negligence of another person or entity.

At Paul Figueroa Law, we understand the need to have a skilled attorney on your side to help navigate the often confusing legal system. Contact our office today. We can work hard for you to make sure you receive the compensation you deserve.