How to File for a Florida Personal Injury Claim

Florida Personal Injury Claim

You file a Florida personal injury claim for damages you sustained from an accident caused or contributed to by another person. You will get compensation for the damages you have suffered, such as medical expenses, if you receive a settlement amount.

Although personal injury law may seem complex, it boils down to one concept: whether the person filing a claim for personal injury was negligent and at fault or if they can prove that the other party was negligent and at fault.

What Factors Can Affect Personal Injury Cases in Florida?

There are many factors that could play a part in your Florida personal injury claim, including the following.

The Type of Injury

Do not ignore minor injuries. But serious or catastrophic injuries (those that can have a life-altering effect) tend to result in higher settlements or judgments.

The At-Fault Party

A Florida personal injury claim arising from auto accidents or other incidents requires that you determine who is at fault and whether they were negligent.

It is important to find a good Florida personal injury lawyer and be open with them from the start. If the other party is responsible, the more information you provide about your case will help strengthen your claim.


Your injuries may not be covered by the at-fault party. If a coworker causes you to slip or fall, but it was due to negligence on the employer’s part, like not giving you the right tools for your job, then you cannot hold the employee liable.

Instead, your employer would be responsible for compensating you for damages such as medical treatment. A personal injury attorney can help you determine if the at-fault party also is liable.

Comparative Negligence

When reviewing a personal injury case, the most important factor is negligence. The amount you are entitled to recover for damages will be affected if you are at fault.

This is due to the fact that Florida personal injury law works on a principle called comparative negligence. It means that your payouts might lessen depending on how much fault you have.

If your Florida lawyer can prove that the defendant was negligent or at fault, it can help strengthen your case and increase your chances of recovering damages.

To be negligent, an at-fault party must have acted in a way that was unreasonable and caused the accident. 

Damage Caps

It is important to know that Florida has damage caps in place for personal injury cases.

Florida personal injury claims are limited in terms of the amount they can recover. The Black Law Company will be transparent with you every step of the way regarding the strength of your claim and the amount of damages you can reasonably pursue.

The Statute of Limitations

Florida has a time limit for filing a claim. According to the Florida Legislature, the statute of limitations starts on the date you got the injury and lasts for four years.

Step-By-Step Guide for Filing a Florida Personal Injury Case

Step 1: File Your Personal Injury Claim

Include all parties liable in your claim. The first step in a claim process is to notify all parties that you are seeking compensation for your injuries. The Black Law Company legal team can help you identify the liable party and get started on your claim.

Step 2 – Negotiating for a Fair Settlement

Your attorney will communicate with the insurance adjusters, the defendant’s lawyers, and other parties to try to reach a positive agreement. The goal is to reach a settlement that suits both parties by exchanging offers and counter-offers.

Step 3: File a Personal Injury Lawsuit

If you and the negligent party are unable to reach a mutually agreeable agreement, this step will only be taken. In the hope that you settle for less than the maximum compensation, opposing parties might make low-key offers. Your Florida personal injury attorney can help you file a lawsuit if you are unwilling to accept this offer or if you have a strong case.

Step 4: Defending Your Case in Court

This is where negligence is proved in accident cases. Trial lawyers will help you prove that your injury occurred as a result of negligence. Then you are entitled to fair compensation.

Sometimes, insurance companies won’t agree to a favorable settlement. In these cases, your case can proceed to trial. It is crucial to have Florida trial lawyers who are experienced and will help you resolve any dispute.

Reputable personal injury law firms will help accident victims to understand all possible outcomes and fight for maximum compensation.

Types of Damages in Florida Personal Injury Cases

You may be entitled to damages if you are injured in an accident involving a motor vehicle in Florida.

However, damages can go beyond the person’s immediate medical care. If your injury prevents you from returning to work, you might file a claim to recover damages for lost wages or future loss of earning ability.

These cases can be quite straightforward to calculate the damage amount. Other damages, like pain and suffering, can be harder to estimate.

Personal injury damages in Florida fall under three types: general, compensatory, and punitive.

General Damages

Compensatory damages and general damages are often sought. These are more abstract damages that can be difficult to quantify, like pain and suffering, mental anguish, and loss of enjoyment.

Personal injury claims are not always straightforward because the amount of damages awarded can be so varied.

Your accident lawyer will be able to help you determine the effects of the accident on your life, and how to file for damages.

Compensation for Damages

Personal injury cases tend to be compensatory in that the majority of damages are for compensation.

Personal injury cases can include compensatory damages that help to make financial amends for financial losses. These damages include lost income, medical bills, and property damage.

Your lawyer might need to see your medical records, pay statements, or vehicle repair statements in order to receive compensation.

Punitive Damages

Punitive damages can be used to punish the responsible party for their negligence or misconduct. These damages cannot be claimed but may be awarded in a personal injury case in very rare cases. The state of Florida has a maximum amount of punitive damages that can be awarded for each claim.

Get in Touch With an Experienced Personal Injury Lawyer Today

Don’t let an accident ruin your life. Contact The Black Law Company today and let us fight for the justice and compensation you deserve. We specialize in personal injury law and have a proven track record of success. 

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Areas We Serve:

  • Tampa
  • St Petersburg

Trust the experts to handle your case and get the results you need. CLICK HERE to schedule a consultation.

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