It can be challenging to file an injury claim. Strategic planning is required. 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 has recently made major changes to the state’s personal injury laws. Knowing the Florida laws could be crucial to getting compensation for your injuries:
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The statute of limitation deadline has been extended to two years
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Modified comparative neglect has a bar of 51%
You can read on to find out how to file a claim for injury.
Seek Immediate Medical Care
It is important for your health to seek immediate medical attention after an accident. You may also have legal reasons to seek immediate medical attention. You could be accused of not being serious enough about your injuries if you delay seeking medical attention. You could also claim that your injuries were not caused by the accident if you delay in seeking medical care.
Collect Evidence at the Scene
Take photos and video of the scene, including your injuries, the injuries of passengers, and the property damage. The other driver, as well as any witnesses, should exchange contact information and insurance details. You can support your claim by contacting the police to create a report. A Florida injury lawyer with experience can help.
Request a Free Consultation with a Personal Injury Lawyer
Your free consultation will determine if you have a valid claim, and estimate its value. If your legal team is working on a contingent basis and you lose your case or it’s not settled, then there are no legal fees owed.
Investigate Your Claim
After securing legal counsel, your Boca Raton personal injury lawyer can help you collect as much evidence you need to support your claim.
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How to obtain a copy the accident report
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How to obtain copies of your medical records
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How to find proof of lost earnings
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Keep all the information you need to support your claim, including medical bills, rental costs, and childcare
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Advise you to keep a daily journal that details your discomfort after an accident
Negotiated Settlements and Demand Letters
Once you’ve gathered sufficient evidence to determine the value of your claim, ask your lawyer to draft a formal letter of demand and send it to the person responsible for paying out your claim. Most likely, the insurance company of the other party will be responsible for paying your claim.
Negotiations usually begin after you send the demand letter. Your opponent may reject your claim or make you an unfair offer. Your personal injury lawyer can negotiate for you, and if the negotiations don’t work, they can bring your claim to court.
Pre-Trial
A skilled attorney will know the best way to present your claim, whether it’s in small claims court or somewhere else. After you have filed a lawsuit you can start the pretrial process. Pretrial discovery occurs when both parties demand evidence from the other.
Your legal team can:
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Request evidence from the defendant.
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How to cross-examine witnesses
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Submit Written Questions
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Request to see documents and evidence
Settle or Go To Court
If the discovery process does not settle, a court will assign a mediator to help facilitate a settlement. Your lawyer will create a settlement contract if you and your partner reach a satisfactory settlement. The settlement agreement is legally binding. This agreement binds you to give up your claim in exchange for the agreed-upon amount.
If you cannot settle your case, the only option left is to go to trial. Trials are only used in a small number of personal injury cases. Your Florida injury lawyer can help you mount a case and prepare for trial to recover just and fair compensation.