Personal Injury Claims In Florida: How They Work
If you are about to file for a personal injury claim in Florida, you need to familiarize yourself with the process. By now, you already know the importance of hiring a personal injury attorney. Your attorney will guide you through the process, but it’s also helpful if you have background knowledge about it before you proceed.
The Length Of A Personal Injury Claim Settlement
There are a lot of factors that affect the length of time it takes to settle a personal injury claim. The first thing that may affect its duration is how soon you contact an attorney following the injury. Next, the claims process can take anywhere from a couple of months to several years to settle.
The most important thing to remember is to be familiar with the specific time frames when you can file an injury claim. That is why it is vital that you reach out to an attorney as soon as you can. In Florida, you have up to four years to file a personal injury claim.
The Steps That Takes Place
You can file for a personal injury claim for the following cases:
• Car Accidents
• Defective Products
• Dog Bites Or Animal Attacks
• Pedestrian Accidents
• Slip And Falls
The first step is to send a demand letter to the insurance company of the party at fault. Your lawyer will guide you in writing one. It includes the reasonability of injury on the defendant’s behalf, your medical treatments and injuries, lost wages, and other related information. The insurer will likely deny your claim or offer you a low settlement, and that is why you need legal assistance.
The next step is to file a complaint issued to the Florida courts if your personal injury claim is denied. It will be directed toward the insurer, and it will include every detail that you’ve placed in the initial demand letter along with other documents that will support your claim.
After that, the next step will depend on your attorney’s investigation. Your lawyer will gather evidence and documents related to your injury. Examples of those are insurance claims, medical bills and records, photos or videos, police reports, and lost wages or time off from work due to your injuries.
Your lawyer will compile all of those for deposition purposes. A deposition is the process of providing sworn evidence. Remember that your defendant’s lawyer will also put together a testimony of their own to present to the court, which is why it’s essential that you work with your lawyer as closely as possible and provide them with all of the necessary information. During this process, both parties can file motions to the court to dismiss, delay, or agree to a settlement.
After the deposition, the settlement will take place. It is arranged when a compensation package is agreed upon by both parties. If you are still receiving medical treatments for your injuries, it’s vital that you wait for the settlement to determine a reasonable cost to include in your compensation.
If you and the other party don’t come to a settlement, the case will go to trial, and a judge or jury will hear from both parties. Only 4-5% of personal injury claims actually go to trial—most of them are settled.
