I’ve Been Injured And Believe I Have A Case Against The At-Fault Party Who Caused My Injuries; What Steps Should I Take In Order For My Case To Have The Best Possible Outcome?
If you’ve been injured in an auto accident, go see a doctor and make sure that you receive treatment for your injuries. In the state of Florida, when you purchase auto insurance, the insurance company is required to provide $10,000 in personal injury protection so that you are able to receive treatment for your injuries. You have to seek treatment within the first two weeks, otherwise your claim may be limited to $2,500.
Next, gather all of the records relating to the accident. Some of these records are going to include: (1) the Florida information exchange form that was given to you by the officer who responded to the accident, (2) pictures of damage to vehicles, (3) insurance documentation, and (4) medical documents from your doctor about your treatment. From there, contact an attorney to discuss your case.
If The Injured Party Was Partially At Fault For The Auto Wreck, Will That Impact The Personal Injury Case In Florida?
Florida is a comparative negligence state. This means, if a case goes all the way to trial, the jury would determine what percentage of the auto wreck is your fault, and then the total claim would be reduced by that percentage. For example, if you were 30% at fault for the auto wreck, then your claim would be reduced by that 30%.
What Is The Statute Of Limitations Or Time Limits For Filing A Personal Injury Claim After An Auto Wreck In Florida?
Four Years. In Florida, the statute of limitations is four years for negligence or personal injury cases. Is there is a claim based on your uninsured motorist coverage that is included in your insurance policy, there is an additional year you can file the claim. This means that if the claim is based on the UM coverage included in your policy, you have five years from the date of the accident to file a personal injury claim. Regardless of the claim type, anyone who plans to pursue a personal injury claim for injuries sustained in a Florida auto accident must see a doctor within 14 days of the accident.
How Important Is It That Medical Attention Is Sought Immediately Following The Accident And Injury?
In the state of Florida, all automobile insurance policies are required to have $10,000 in personal injury protection to cover treatments for injuries sustained in an auto accident. Even if the other driver was at fault, that first $10,000 is paid out by your carrier. In order to potentially receive the full amount of this personal injury protection, you need to see a doctor within 14 days; if you fail to do so, then you would only be eligible to receive up to $2,500 of that $10,000. The statute actually defines the injuries as an emergency medical condition, which is a medical condition with acute symptoms.
How Important Is It To Seek Follow-Up Care, Not Miss Appointments, And Follow Doctor’s Orders?
In every case, the most important goal is to ensure that you recover from your injuries and feel just as well as you did before the accident. It is important to stay on top of your doctor appointments; if you have to reschedule, do so within a reasonable time frame. Missing a doctor’s appointment could devalue your claim, since the at-fault party’s insurance company could claim that the missed appointment is evidence that your injuries are not as severe as you say.
When It Comes To Insurance Companies, What Do I Do If The Other Party’s Insurance Adjuster Or Company Contacts Me? Should I Ever Give Them A Statement?
We recommend that you don’t provide statements unless your attorney can be present. This is because your words may be skewed in a way that devalues your case or puts it in a negative light. Simply saying “I’m good” to an insurance adjuster who asks how you’re doing is something that could be used against you. We only recommend saying, “I’ve retained an attorney, so please speak to them regarding my care or my condition.”
What Are Some Of The Defenses That You’ve Seen Insurance Companies Use To Avoid Paying Out On Serious Auto Injury Claims?
To avoid paying out on serious auto injury claims, insurance companies will tell you (the injured party) that you don’t need to hire an attorney. Another tactic is to delay a judgement until the statute of limitations runs out, at which point you would be unable to file a suit. In other cases, an insurance company will claim that specific language in the auto insurance policy means that the damages aren’t covered. We’ve also seen insurance companies encourage you to sign a release that bars you from pursuing compensation. Initial settlement offers are always very low, and often aren’t even sufficient to cover the medical expenses.
What Compensation Or Damages Could I Seek In A Personal Injury Case In Florida?
There are two types of damages that you could seek in a personal injury case in Florida: economic damages and non-economic damages. Economic damages include the cost of your medical care, the cost of traveling to appointments, lost wages, and the cost of any future medical care that you may need due to your injuries. Non-economic damages include pain and suffering, loss of consortium, emotional distress, inconvenience, and loss of enjoyment of life.
How Is The Value Of A Personal Injury Case Determined Under Florida Law?
The value of your personal injury case will depend on the circumstances of the case. This can include medical care expenses, lost wages or how much time you had to take off work, and the amount of loss of enjoyment of life.
What Happens If I’m Hit By A Driver Who Is Uninsured Or Underinsured In Florida? Do I Have Any Chance Of Recovery?
The most important insurance policy that you can buy is uninsured or underinsured motorist coverage, because it covers you in the event that the other driver does not have insurance or has a very low policy limit. This type of coverage is designed to fill the gap between the amount of compensation to which you’re entitled, and the amount provided by the at-fault party’s insurance policy (or lack thereof).
What Do You Say To Potential Clients Who Think That If The Other Driver Was Clearly At Fault, They Should Be Able To Handle The Case Without An Attorney?
The most important reason to hire an attorney is to ensure that you have someone who has experience dealing with personal injury claims and insurance adjusters on a daily basis. This will allow the insurance company to know that they are dealing with another professional rather than a pro se litigant (i.e. someone who is filing without an attorney). In turn, it will signal to the insurance adjuster that you have an attorney on your side who can help determine the medical costs and other components of the value of your case. Ultimately, having an attorney will provide assurance that you will end up with the best possible outcome.
What Sets You And Your Firm Apart In Handling Serious Personal Injury Cases In Florida?
When you deal with our firm, you deal directly with an attorney. I make sure to introduce myself to every client who walks through the door. By virtue of having prior experience in a hospitality industry, I know how to incorporate hospitality in my legal practice. This means that at DeVries Law Firm, a client isn’t treated like a client, but like a family member.
For more information on Personal Injury, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 373-6827 today.
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