However, filing an injury claim can be difficult and require strategic planning. If you have suffered an injury due to someone else’s negligence, filing a personal injury claim with a personal injury attorney in Boca Raton could help you to recover financial compensation.
Steps To Filing An Injury Claim in Florida
Florida recently enacted major changes to its personal injury law. Being familiar with the new laws in Florida could be imperative to securing damages for your injury:
- The statute of limitations deadline is now two years
- Modified comparative negligence has a 51% bar
Read on for the steps necessary to file an injury claim.
Seek Immediate Medical Care
Seeking immediate medical care after an accident is necessary for your health. There are also legal reasons why you need to seek medical care quickly. A delay in seeking medical care could be used against you by asserting that your injuries must not have been that serious. A delay could also be used to claim that the accident did not cause your injuries.
Gather Evidence at the Scene
Once it is safe, take photos and videos of the scene of the accident as well as your injuries, injuries to passengers, and property damage. Exchange contact details and insurance details with the other driver and any witnesses. Calling the police so they can create a police report will help support your injury claim. An experienced Florida injury attorney can be of assistance.
Schedule a Free Initial Consultation With a Personal Injury Attorney
The purpose of your free consultation is to determine whether or not you have a legitimate claim and to estimate its value. When your legal team works on a contingency basis, and your lawyer doesn’t win or settle your case, you don’t owe them anything in legal fees.
Investigate Your Claim
Upon securing legal representation, your Boca Raton injury attorney can help you gather as much evidence as you need concerning your claim by:
- Obtaining a copy of the accident report
- Obtaining copies of your medical records
- Seeking documentary evidence of your lost earnings
- Retaining all information related to your claims, such as medical bills, rentals, and childcare
- Advising you to keep a journal of your daily experience that describes the details of your post-accident discomfort
Demand Letters and Negotiated Settlements
When you have gathered enough evidence to understand the value of your case, have your injury lawyer draft a formal demand letter and send it to whoever is responsible for paying your claim. More than likely, this will be the opposing party's insurer.
Once you’ve sent the demand letter, this generally kicks off negotiations. The opposing party may deny your claim or send you an unreasonable offer. Your personal injury attorney can negotiate on your behalf, and if negotiations aren’t fruitful, they can take your claim to court.
Pre-Trial
A seasoned attorney will know how to file your claim in small claims court or elsewhere. Once you’ve filed a lawsuit, you can begin the pretrial discovery process. Pretrial discovery is when each party demands evidence that is in the hands of the other party.
In pre-trial negotiations, your legal team can:
- Demand evidence from the defendant.
- Cross-examine their witnesses
- Submit written questions
- Demand to see documents and physical evidence
Settle or Go To Court
If the discovery process fails to settle, the court will assign a third-party mediator to facilitate an amicable settlement. If you reach an acceptable settlement, your lawyer will draft a settlement agreement. This settlement agreement is a binding legal agreement. It obligates you to drop your claim and receive the agreed amount from the other party.
When you are unable to settle, then your last resort is trial. Only a very small percentage of all personal injury claims go to trial. Your Florida injury attorney can help you prepare for trial and mount a strategic case to help you recover fair and just compensation.
