Things To Consider Before Filing a Florida Personal Injury Claim

If you were injured in a Florida accident because of the negligence of another party, you may be eligible for financial compensation by filing a personal injury claim. However, before filing a Florida personal injury claim, there are several things you need to consider. In this article, our experienced Miami personal injury attorneys at The Pendas Law Firm share some of the most crucial things to consider before filing a Florida personal injury claim.

#1: The Strength of Your Case

For you to have a valid Florida personal injury case, the other party must have acted negligently. For example, if you were involved in a car accident and the other driver was speeding, you have a valid personal injury case. However, having a legitimate personal injury claim is not enough. You need strong evidence to increase your chances of winning your case. A skilled personal injury attorney can assess your case and determine whether your case is strong enough. If you don’t have strong evidence, an attorney can help you gather relevant evidence that can help support your case.

#2: The Statute of Limitations

There is a law that sets a time limit on how much time you have to file a personal injury claim called the statute of limitations. Before filing your Florida personal injury claim, you need to determine whether or not the statute of limitations for your case has run out. In Florida, you generally have two years after the date of your accident or injury to file a personal injury claim. Previously, personal injury victims had four years to file their claims, but this changed in March 2023 after the Governor signed House Bill 837.

#3: The Defendant’s Ability To Pay

Before you file a Florida personal injury claim, you need to consider whether the defendant has the ability to pay. In Florida personal injury cases, defendants usually pay in two ways. A defendant can pay through an insurer or their assets if they don’t have insurance or have insufficient insurance. Your ability to recover your compensation may be impacted by a defendant’s financial condition.

Fortunately, if you were injured in a motor vehicle accident and the negligent party does not have insurance or is underinsured, you can recover compensation from your insurance company if you have uninsured and underinsured motorist (UM/UIM) coverage.

#4: Your Ability To Hire an Attorney

Some people assume they cannot afford to hire a personal injury attorney and, therefore, choose to handle their personal injury case alone. You should not assume that hiring a personal injury attorney is expensive. Before filing a personal injury case, consider whether you can afford to hire an attorney.

The good news is that, most, if not all, personal injury victims can afford to hire an attorney since most personal injury attorneys work on a contingency fee basis. With this arrangement, an attorney only gets paid if and after they win a case.

Contact Us for Legal Help

If you’ve suffered injuries in a Florida accident because of another party’s negligence, our qualified Miami personal injury attorneys at The Pendas Law Firm can help you with your personal injury claim.

The Pendas Law Firm also represents clients in the West Palm Beach, Fort Myers, Fort Lauderdale, Tampa, Jacksonville, Ocala, Orlando, Naples, Melbourne, Bradenton, and Daytona Beach areas.

Source:

flsenate.gov/Session/Bill/2023/837/BillText/er/PDF