To file a personal injury claim in Florida, there are several steps you need to follow.
First, seek medical attention immediately after the accident, even if you feel fine. This will document your injuries and help establish causation down the road. Once you have received medical treatment, make sure to gather evidence from the scene of the accident, such as photos and witness statements.
Second, notify the negligent party (or parties) of your intent to file a claim. This can be done through a demand letter sent by your attorney. The letter should outline the details of the accident and the injuries suffered, as well as a demand for compensation to cover medical expenses, lost wages, and other damages.
Third, if a settlement cannot be reached through negotiations, your attorney may file a lawsuit on your behalf. The lawsuit must be filed in the county where the accident occurred, or where the defendant(s) reside. There is a statute of limitations for personal injury claims in Florida, which is four years from the date of the injury. If you fail to file within this time period, you may be barred from recovering compensation.
Finally, once the lawsuit is filed, discovery will begin. This is where both sides gather evidence and take depositions. A trial date will be set, and a verdict or settlement will be reached.
It is important to note that Florida operates under a comparative fault system, meaning that your own negligence or fault can reduce the amount of compensation you are entitled to. For example, if you were 20% at fault for the accident, your compensation would be reduced by 20%. Therefore, it is crucial to seek the advice of an experienced personal injury attorney, who can help you navigate the complex legal process and maximize your chances of a successful outcome.
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