The legal landscape can be confusing, even for attorneys. Whether you’re mounting a criminal defense or simply trying to prove a personal injury claim, specific laws and processes are guiding you along the way.
If you misinterpret a law, you can jeopardize your case—this is usually a reason why individuals decide seeking legal advice when navigating a Florida injury claim is a good idea. So, what do legal experts think you should know about Florida’s personal injury law? Here’s a look at some of the basics you should know.
What is a Personal Injury Claim?
Before you can file a personal injury claim in Florida, it helps to know what it is. Can you file an injury claim for a broken fingernail? The answer is probably no, even if your nails are your pride and joy. What about filing an injury claim after an auto wreck or a slip-and-fall accident? In these instances, there’s a good chance you can file a claim for your damages.
So, what is a personal injury claim? This is a claim you file with the insurance company to cover damages like injuries you suffer in an accident. The claim process starts when you send a demand letter, which is a list of your damages and expenses.
You’re simply asking the insurance company to provide compensation for your damages. If the insurance company denies your claim or you can’t reach a settlement, your claim becomes a lawsuit in civil court.
Statute of Limitations for Filing an Injury Claim in Florida
The statute of limitations refers to the specific amount of time you have to file a personal injury claim. In Florida, accident victims have two years to file a claim with the at-fault party’s insurance provider. What happens if you miss the statute of limitations?
In most instances, if the statute runs out, you can’t file a claim. You’re responsible for covering all of the expenses relating to the accident. With that being said, there can be exceptions to the law. Minors injured in an accident may be able to have the statute of limitations paused until they turn 18.
Once the minor is a legal adult, they have two years to file a claim. If the at-fault party can’t be served with papers informing them of your intent to file an injury claim, the statute can be paused until they’re located.
Another reason to pause the statute is if your injuries are too severe to allow you to participate in your case. The statue restarts once you make a recovery.
How No-Fault Laws Can Impact a Personal Injury Claim？
Florida is one of around 12 or so states following no-fault insurance laws, and this law doesn’t imply no one is ever responsible for causing an accident. The law is only in place to help speed up the claim process. All drivers with vehicles registered in Florida must carry the state’s minimum insurance requirements. This includes liability and PIP (personal injury protection) insurance.
Liability insurance covers any damage to another driver’s vehicle if you’re responsible for the accident. If you have full coverage, this covers damage to your vehicle. Your PIP policy covers injuries, up to around 80% of the medical costs. PIP insurance also has caps.
You may hit the cap before the policy covers the majority of your medical expenses. PIP can also cover lost wages if your injuries are serious enough to prevent you from returning to work.
So, what happens when your insurance doesn’t cover all of your accident costs? This is when you can file a claim against the at-fault driver. Your claim will include any damages not covered by PIP like medical expenses and property repair/replacement costs.
You can also include non-economic damages in your claim. These are things like mental anguish, pain, suffering, and loss of life enjoyment.
Steps for Filing a Personal Injury Claim in Florida
You’ve received compensation from your PIP insurance provider and are still facing expenses relating to the accident. You can file a claim against the at-fault driver to recover your damages, but there’s something you should do.
Contact a Personal Injury Attorney
If you think negotiating with your PIP provider is difficult, just wait until you’re dealing with the at-fault driver’s insurance company. The insurance company’s goal is to devalue your claim, and they have several tactics ready to go.
Your attorney can help you collect evidence to help support your claim and handle negotiations with the insurance company.
Your attorney is also familiar with the tactics insurance adjusters commonly use to try to get accident victims to accept a lower settlement. A lawyer is also familiar with state personal injury law, and this alone can help speed up the claim process.
What Happens if Your Claim Is Denied？
Insurance companies can deny claims if they believe it’s fraudulent or errors are present in the paperwork. If you’re only dealing with errors, you may be able to make the necessary corrections and send the paperwork back in. However, this isn’t always the case.
Some insurance companies are fairly adamant that you’ll need to file an appeal. Your attorney can walk you through this process since the appeal is filed in civil court. There’s no guarantee the appeal will result in your desired verdict, but it’s worth a shot.
Before you file an appeal, think about why you disagree with the verdict. Are you disputing the facts? If so, you probably can’t file an appeal. An appeal doesn’t reexamine the facts of your injury claim. The appeal only looks at the jury’s verdict. Judge’s decisions or the behavior of the opposing counsel.
Waiting for Your Personal Injury Settlement
The final part of the legal process surrounding personal injury claims is waiting for the settlement. How long it takes to settle with the insurance company depends on whether negotiations are successful or if you end up in civil court.
However, once the case is settled, you only need to wait a week or so to receive your settlement check. To learn more about the legal process, contact a personal injury attorney.
