If you’ve experienced a personal injury, you know the wide range of emotions it brings. From fear to confusion, the trauma of this life-altering event can leave its mark. Understanding the legalities surrounding personal injury cases in Florida is crucial since the actions you take following your injury can directly impact any legal claims you may have. In this guide, we’ll explore the steps to follow after experiencing a personal injury so you can protect yourself and get the legal help you deserve.
What to Do Following a Personal Injury
Florida is known for many things like theme parks and beaches, but did you know it’s also the personal injury capital of the nation? That’s right; a 12-month study found that Florida was an astonishing 1,237% above the national average for personal injury cases, topping all other states by a whopping 319%! As a Floridian, knowing what to do if you experience a personal injury is key and can make all the difference.
Get Medical Attention
If you’re injured, your first step should be to get medical help as quickly as possible. Even if you think you only have minor injuries, you still want to see a doctor. Not only does this evaluation ensure you’re okay, it allows you to document your injuries, which is critical if you plan to pursue legal action. Your medical records are objective evidence of your injuries, which you can link back to your accident.
File a Report
After seeking medical treatment, you’ll want to report your accident to the authorities. It could be a property owner, work supervisor, or the police, depending on the location and nature of the incident. The formal record created by this report should include as many details of the accident as possible. Having comprehensive documentation is an invaluable asset if you file a personal injury claim.
Gather Evidence
The more evidence you can provide to support your claims, the better, which is why you don’t want to skip this crucial step. In fact, gathering evidence is arguably one of the most important things you can do to strengthen your case. The evidence you provide will:
- Help prove fault
- Strengthen your chances during settlement negotiation
- Demonstrate damages
- Support your claims
There’s numerous types of evidence you can use for a personal injury claim in Florida. You’ll want to collect as much information from different sources to help build your case. These can include:
- Documentation of lost wages – Employer records or pay stubs showing lost income from your injury.
- A diary account of your injury – Document limitations, pain levels, and any activities impacted by your injury.
- Accident photos – Capture visual evidence from the accident site, including all injuries and property damage.
- Police reports -Obtain official police reports from the incident with detailed analysis and witness statements.
- Medical records – Detailed diagnosis, treatment plans, and reports from all healthcare providers involved.
Alert Your Insurance
Another important step is to notify your insurance company of the accident since many have set timeframes allotted to report an incident. If you don’t act within this timeframe, they may deny your claim. When speaking to your insurer, be sure to give accurate and factual information about the accident and the injuries you sustained. However, be wary of making a recorded statement or simply accepting their initial settlement offer before you speak to an attorney. It’s common for insurance companies to try to minimize their loss by offering smaller payouts, but an experienced lawyer can protect your rights and negotiate a fair settlement.
Stay off Social Media
Social media has many advantages, but when it comes to personal injury cases, it can often do more harm than good. Any comments, pictures, or posts can be used against you if you pursue a case, and it’s common for insurance companies to scour through social platforms for evidence to discredit your claims.
Hire an Attorney
By far, the most important decision you can make when pursuing a personal injury case is to hire an attorney. A lawyer specializing in these cases knows how to navigate the complicated legal system and isn’t afraid to take on the big insurance companies. They’ll offer guidance, explain your rights, and be your advocate so you can get the compensation you deserve. A personal injury lawyer wears many hats and performs a wide range of services, like negotiating with your insurance company to represent you if your case goes to court. Their experience is an invaluable asset and will help you have peace of mind knowing you’re in great hands.
File a Personal Injury Claim
Once you’ve hired an attorney, they’ll walk you through the process of filing a personal injury claim. The process includes submitting documentation and paperwork to the courts, which can be time-consuming. Florida Statutes § 95.11(3)(a) state that you have 2 years to file your claim, a reduction from the previous four-year allotment. However, if your accident occurred before March 24, 2023, the four-year limitation still applies. Having a professional lawyer help you will ensure you submit all the documentation on time.
Negotiate Your Settlement
Many personal injury cases are resolved with a settlement instead of going to court. If this occurs, your attorney will help you negotiate a fair amount, which you can use to cover your medical bills, pain and suffering, and lost wages. You can trust that your lawyer will do everything possible to help you get a fair settlement so you can focus on recovery and getting back to your life.
A personal injury can be life-changing, but by following the right steps, you can help ensure you get the compensation you deserve. Keller Swan is Florida’s premier personal injury attorney with a proven track record of success. We’re not afraid to go against the big insurance companies and fight for you. You don’t have to fight alone; let our team go to work for you. Your advocate, your ally, your Keller Swan.