If you have sustained injuries due to another’s irresponsible behavior or misconduct, you have the legal right to recover financial compensation from them. Filing a personal injury claim is the formal process of requesting liable parties to pay for your injuries. If you plan on seeking compensation for your losses, then you need to know how to file a personal injury claim in Tampa.
Steps in the Personal Injury Claim Process
In a personal injury case, you typically file a claim with the responsible party’s liability insurance provider. The exact process will differ depending on the specific insurance company but will fall into the general steps outlined below.
Accident & Injury Documentation
The process of filing a claim starts before you even contact the insurance company. You should start documenting the accident scene immediately so you have as much evidence on your side as possible. Take pictures of your injuries and property damage, and get the contact information of the responsible party and any eyewitnesses who can corroborate events. You also must receive medical treatment promptly to get documentation of your injuries. Get copies of all your medical information, including medical bills, imaging results, lab reports, and discharge paperwork.
Talk to an Attorney
Before doing anything else, talk to an attorney. The initial steps of building your case are crucial for your success, and an attorney can ensure you start off on an organized foot. More generally, an attorney can provide legal advice, handle all documentation tasks, and guard against insurance companies’ tactics to dispute claims. For instance, an insurance company might contact you quickly and pressure you to accept a small immediate settlement. An attorney can review any offers you might receive and prevent insurance companies from taking advantage of you.
Investigation
Once you are working with an attorney, they will investigate your claim and gather evidence proving your version of events. Your attorney can organize your medical documentation, calculate all of your losses, and locate additional sources of evidence to prove the scope and extent of your injuries. Depending on the complexity of your case, the investigation step can take between a few weeks and months.
Sending Demand Letters
Now that your attorney has built a strong case, they can send a demand letter to the insurance company. The demand letter is a written request for payment and will include:
- A written description of the accident
- Evidence establishing the liability of the policyholder
- Medical records of injuries
- Value of medical bills, lost income, pain and suffering, and other losses
Writing a good demand letter is a matter of clearly and concisely stating your claim and creating a convincing narrative using available evidence. Personal injury attorneys have extensive experience sending demand letters and will avoid common pitfalls, such as exaggerating claims, omitting important details, or using overly emotional language.
Settlement Negotiations
Ideally, the insurance company will accept your settlement request outright and cut you a check. However, they are much more likely to try to negotiate. They may offer an adjusted settlement amount and question your version of events or the relevance of specific information.
Negotiations in personal injury cases are essentially a back-and-forth process of offer and counteroffer until both sides reach a satisfactory agreement. Personal injury attorneys have significant experience dealing with insurance companies, so they can deal with them sternly but fairly while they fight to recover the maximum compensation available.
File a Lawsuit
Most personal injury cases will end in a settlement agreement. However, the insurance company may deny your claim or refuse to meet an offer that covers your losses. In these cases, your attorney can initiate a formal lawsuit and take the insurer to court to recover your financial compensation.
The initial stage of a trial is the discovery process, during which both sides share evidence and witness statements. During the pre-trial phase, both sides may agree to mediation or arbitration to come to a settlement. If there is no agreement, the case will go to trial. Both sides will present evidence and witness testimony in front of a judge and jury. After hearing the case, the jury will decide whether the petitioner is entitled to recover financial compensation.
Receive Compensation
Once you accept a settlement or a jury reaches a verdict, you and your attorney will receive a check for the total settlement amount. Your attorney will deduct their fees and use the settlement to pay any liens or money you owe for injury-related services. After that, you can decide whether to accept the remainder as a single lump-sum payment or a structured settlement with regular, long-term payments.
How Long Does It Take to File a Personal Injury Claim in Florida?
It depends heavily on the complexity of the specific case. Claims with multiple parties sharing fault or that involve excessively high medical costs will take more time to process and resolve. Your exact time will vary, but it can take several months to over a year to reach an agreeable settlement. Working with an attorney can expedite the process.
What Is the Time Limit for Filing a Personal Injury Claim in Florida?
Florida Statutes 95.11(5)(a) sets the statute of limitations for negligence actions. This law allows an injured person two years from the injury date to file a lawsuit against the at-fault party. This statute applies in most kinds of personal injury cases, like car accidents, slip and fall accidents, and dog bite negligence claims. However, there are some exceptions to the rule. The deadline for injuries due to defective products is four years, as is the time limit for medical malpractice claims. In cases where injuries were initially hidden and not detectable, the time limit starts from the date the victims discovered them, not the date they occurred.
Personal Injury Attorneys Serving Tampa
Jurewitz Law Group Injury & Accident Lawyers has been representing injury victims for over a decade and has an established track record of recovering money for our clients. When it comes to your money, you need an attorney who won’t back down from big insurance. Reach out at (619) 233-5020 today or contact us online to speak to a personal injury lawyer in Tampa, Florida.
