Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Things To Consider Before Filing a Florida Personal Injury Claim

ThingsConsider

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

Read What Others Have To Say About Us

  • I can't express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn't ask for a better law firm...

    — Terry Mcphillips
  • Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings...

    — Joseph Kestell
  • Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world..

    — Luis Sanchez
  • Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!

    — Enilno Resu
  • I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job...

    — Israel Garcia
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.

    — Ian Brito
  • Very Professional law firm. They explained to you every detail what to do according to the laws (worker's compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!

    — Lau Rod
  • I am very proud and happy that my case was closed, and definitely won! Lizette Gonzalez was my case manager and I definitely recommend this P.A.! Honestly, no other lawyer even tried to fight my case at all, I was turned down by most of those who I called...

    — KingArroyoVEVO
  • Great lawyers who speak Spanish and English. Danny Cruz and Lizette Gonzalez helped with my case and put my parents worries at ease. They got my case over and done with within a year and helped get all my bills paid.

    — Caroline Matute
  • This was a positive, informative and pleasant experience concerning an unpleasant situation. Everyone I spoke to was very professional and compassionate. I always felt to be in the best and most capable hands. the Pendas Law Firm lives up to its reputation!

    — Jean Villarreal
  • Pendas Law did an awesome job working my claim against my homeowners insurance. They had refused to pay for the wind damage to the roof. Larry with Pendas Law Firm was assigned to my case and immediately started working on it. I could not be happier. Will definitely use Pendas Law in the future if needed.

    — John Hibbert
  • I'm thankful to have chosen them , very responsible and communicative , Went in the office with my family and the environment was great ,Sahily walked me through the process professionally, I got a good settlement faster than I expected, would totally recommend.

    — Juan Fernandez
  • I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...

    — MARIA PASTOR
  • This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...

    — SHANTELLE BLACKWELL
  • I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...

    — CARLOS GUADALUPE
  • The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!

    — HEATHER PEPPER
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.

    — IAN BRITO
  • I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.

    — WILMER D SANTANA RODRIGUEZ
  • Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!

    — MCKENZIE CZABAJ
  • Previous
  • Next
 

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Florida Personal Injury Offices

Skip footer and go back to main navigation