Injury Claims Process
If you are not familiar with Florida’s laws, the injury claim process can seem confusing and overwhelming. This is why hiring a Boca Raton Florida personal injury attorney who understands the state’s rules is imperative. Here is a brief overview of what you should expect if you were injured in an accident and need to file a claim.
Accident Laws Vary from One State to Another
Each state has the right to dictate how accident claims are handled. The success of your case depends on working with a personal injury lawyer who understands the Florida-specific statutes that apply to your situation. If you live in Boca Raton Florida, working with a lawyer from this city gives you the added benefit of having someone familiar with the local judges and lawyers.
If you are injured in Florida, the statute of limitations is four years. If you file a claim against the government, you have three years.
Most courts will refuse to hear your claim if you do not file within those windows. The exception is if there are extreme extenuating circumstances. For example, you worked at a facility and developed cancer because of their unsafe practices. If your cancer could not have been discovered within four years, you might still be able to present your case.
Proving Negligence
In Florida, to file a claim, your injury lawyer must prove that another person’s negligence caused your injury. To show the court negligence, you have to prove that the defendant owed you a duty of care. Next, you must demonstrate how they breached that duty of care. Finally, you need to show that because of their negligence, you suffered an injury.
A crucial part of filing a claim in Florida is that you get medical attention promptly. It is your responsibility to mitigate your damages. In other words, you should do everything you can to get appropriate treatment. Keep records of all the medical care you receive. Make sure your attorney has access to these records.
Work With a Knowledgeable Attorney
Florida is a tricky state when it comes to practicing personal injury law. Working with a knowledgeable attorney means that you have someone who understands the history of personal injury law in the state, can explain your options, understands the local playing field, and has experience successfully navigating personal injury litigation in Florida.
Florida is a no-fault state. The courts usually do not get involved with car accidents. Your personal injury protection (PIP) insurance should cover your damages to a point, and then your personal health insurance kicks in.
However, if your injuries were catastrophic, your lawyer will inform your insurance company and the defendant’s insurance company about the claim. You should avoid making statements to the insurance company.
