If you are injured in Florida as a result of another person's actions, you need to know what the laws are that affect your claim. Pursuing a claim for personal injury compensation requires evidence. Gathering and presenting all the evidence to support your claim is essential throughout each step in the claim process.
Each accident claim will have a unique set of circumstances. The evidence you need to support your claim will depend on the extent and severity of your injuries.
The most common claims for compensation in Florida are associated with automobile accidents, medical malpractice, slip and fall, product liability, and animal attacks. However, another person's negligence can lead to your personal injury whatever the circumstances are.
Personal injury can result in high medical costs, lost wages, permanent injury, property damage, and pain and suffering. You may need to seek damages for any combination of these injuries.
Hiring an Attorney
In order to navigate the process of filing a personal injury claim in Florida, you are best advised to get legal clarity. This can be supplied by an attorney. Moving forward with an experienced attorney can get your case handled more quickly and efficiently.
Documents
Your insurance company representative will tell you what documents you need in order to support your claim. You should contact your insurance company as soon as you possibly can following an accident.
Process
The demand letter to the paying insurance company will do this on your behalf. It will include:
- reasonability of cause of injury
- what is involved to remedy your injuries, lost wages, pain and suffering, etc
- expense sheet
The insurance company will likely try to find any reason to deny your claim.
If the insurance company denies your claim or offers you less than your full compensation, you will move forward and your attorney will file a complaint.
Filing a complaint
The complaint will be directed at the insurance company and include your initial demand letter, your reasoning, and all documents and facts regarding the complaint. This complaint asks the courts for the judgement you are seeking for your injury claim.
Discovery - What evidence is Required?
You will need to collect all available evidence in support of your case and prepare it for any eventual court proceedings.
This basket of evidence will include all pertinent information related to your claim. It should include:
- All medical bills and records
- Photos and video relating to the incident
The scene of the event - All police reports
- Statements of property loss/damage
- Proof of lost wages and any other insurance claims
- Any witness affidavits
Perhaps the most important documentation for your personal injury is your Independent Medical Evaluation (IME). Because Florida is a “no-fault” state insurance law requires you to undergo an (IME) with a physician of their choosing. Because often these doctors give answers that the insurance company needs to deny your claim, you should have an attorney and/or a personal doctor accompany you for this evaluation and video the process.
Your attorney will help you greatly in collecting evidence. The process may require some investigation to make your case stronger.
Presenting Your Sworn Evidence
Once you have all of your evidence formally ready for presentation, you will go through the process of swearing that it is a true and an honest account of the circumstances. This part of the process is called a deposition. Keep in mind that the defending party, likely the insurance company, will have also collected evidence in order to reject your claim. This evidence will be presented to the office of the court and both parties have the option to agree, disagree, delay or dismiss.
Settlement
In Florida, only a small fraction of personal injury claims go to court. They are usually settled pretrial. Once a compensation package can be mutually agreed upon, a settlement will be prepared and presented. This settlement should provide remedy, i.e. compensation for your injuries.
If your medical treatment is ongoing and you can't yet reasonably calculate the entire cost of the compensation you are seeking, it is best to wait. Your settlement could end up going to trial.
What if I go to Trial?
The same evidence will apply whether you go to trial or not. You will need all the evidence you have collected, only a trial is a formal setting, with a judge or jury listening to both parties present their evidence
Your attorney's job is to use this evidence to prove liability on the part of the defendant. Proving they breached their “duty of care” to you. In Florida, breaching “duty of care” proves negligence because the injury was foreseeable.
After all arguments are made by both parties, the judge or jury will decide if the defendant is at fault or not liable. If found liable, a monetary award will be issued as compensation for your injury. If the defendant is not found liable, you will not receive any compensation.
Ready to Get Compensation?
An experienced Florida personal injury attorney will help you navigate the traps that are designed to block you from receiving your rightful compensation.
The entire process of a personal injury claim involves a very technical area of Florida law. You can benefit greatly from an experienced professional. Thankfully, there are attorneys like us in Florida who are highly qualified and able to handle all kinds of personal injury claims.
If you are having some difficulty dealing with an insurance provider and feel insecure moving forward with your claim, DOCS4PI can help. Through DOCS4PI, people in need can now benefit from the combined knowledge of our community of medical and legal professionals in Florida.
How It Works
If you feel you were injured in an auto accident or another accident, #1-888-DOCS4PI can put you in touch with people who can provide sound help. Our service to find qualified assistance you need is a quick three-step process.
1
Give Us A Call
Contact us at #1-888-DOCS4PI to initiate the process.
2
Explain Your Situation
Upon calling #1-888-DOCS4PI, our intake coordinator will ask you a series of basic questions about your issue and the injuries you suffered as a result. This information will help us match you up with someone who has the background that fits your situation.
3
Reach Out With A Phone Call
Once we have your contact information and understand what you require, we will connect you with someone who can help you with your accident or injury. It is that easy. Simplify the process by calling #1-888-DOCS4PI and using our free 24/7 helpline.
