4 Ways to Build a Strong Personal Injury Claim in Florida

By- Susan Melony

Florida has many personal injury cases filed in its civil courts. Most of these personal injury cases arise from car accidents and slip-and-fall accidents. While it may seem quick and easy to file a personal injury claim, building a strong case is the foundation of a roadmap to successfully retrieve compensation.

Building a strong personal injury claim requires extensive preparation and evidence gathering. Whether you are planning to go to court or negotiate with your insurance provider, it is important to cover all your bases. Here’s your guide on building a strong personal injury claim in Florida:

1. Seek Medical Attention Immediately

Any injury, whether serious or not, must be attended by a medical professional immediately. Seeking medical attention is crucial for your well-being and establishing a clear link between the accident and your injuries. Waiting too long will put your health at risk and can cause doubts about the source of your injuries and weaken your claim.

Even if you only have a small cut, bruise, or laceration, it is important to have the injury examined by a medical professional right after the accident. Minor road injuries can sometimes have underlying complications that may not be immediately apparent.

In addition, you have to keep all your medical records and receipts. A copy of your doctor’s report, prescriptions, and orders for tests or treatments should be kept in a safe place. These records will serve as important evidence when filing an insurance claim or pursuing a personal injury claim.

2. Preserve Crucial Evidence

Assuming you did not incur any physical injury after the accident, it is still important to be on guard and check the extent of damage to your property. You need to be proactive, gather any documentation you can find at the accident scene, and assess potential financial implications.

The most important pieces of evidence you should secure are the following:

●  Police Report

Car accidents that don’t involve injuries, commercial vehicles, and damages under $500 in Florida are not required to be reported to the police. But if you’re not sure about the potential amount of damage to your vehicle, it is always recommended to contact the police. They can assess the situation and help you determine whether a report should be filed.

Additionally, an official police report can help establish the exact accident details. This covers the date, time, and location where it took place. It also provides crucial information about the parties involved in the accident. This includes names, contact details, and insurance information. This report will come in handy upon filing an insurance claim and a personal injury claim in court.

●  Witness Statements

Under the tort reforms introduced by the new House Bill 837, individuals who are more than 50% responsible for the accident cannot recover any compensation. With that in mind, you need witnesses to corroborate your claim and testify that the other party was at a greater percentage of fault.

Witnesses can offer their account of the accident, which may help establish the other party’s negligence. Their testimonies are often considered valuable evidence in legal proceedings. This is because they provide a third-party perspective on the accident. Their firsthand account can shed light on crucial details that may be difficult for the other party to dispute.

The police report will include personal details and statements of witnesses, if any. But make sure to have a copy or record of these details, too, as they may be crucial for future reference. 

●  Photographs and Videos

If you can, take pictures of the damage your vehicle and other properties suffered right after the accident. These visual records can help assess the extent of the damage and support your case in case of disputes. Videos such as traffic camera footage and recordings made by witnesses are also helpful. These videos can provide valuable evidence of the accident and help establish the sequence of events.

Additionally, videos can capture important details that may not be clear from photographs alone. This includes the speed of the vehicles involved or any traffic violations committed before the accident. But requesting traffic camera footage takes a lot of work. You need the help of a lawyer who can file the appropriate request to your municipality.

All these records and documents can strengthen your case and increase your chances of getting a fair settlement from your personal injury claim.

3. Avoid Oversharing on Social Media 

You might be tempted to share details of the accident among your peers on social media. But this could jeopardize your personal injury claim. You don’t want the other party to find anything they can use to weaken your claim.

Aside from posting about the accident, it is better to avoid sharing personal events and activities on your social media while your claim is pending. Insurance companies and defense attorneys often scour social media platforms for any evidence that contradicts your injury claim. It is crucial to be cautious and refrain from discussing the accident or posting any related content online to protect your case.

4. File Your Personal Injury Claim As Soon As Possible

In Florida, individuals must file an insurance claim within two weeks of the accident. The earlier you can file a claim, the better your chance of receiving a prompt response and getting the compensation you deserve.

Moreover, if you are considering pursuing a personal injury claim, filing it as soon as possible is recommended. This is because of the following reasons:

●  Statute of Limitations

Under HB 837, the statute of limitations for personal injury claims based on negligence is two years from the accident date. This means you must file your claim within that time frame only. Otherwise, your claim may be barred, and you will lose your right to seek compensation for the injuries and damages you suffered.

●  Ensure Witnesses Can Recollect the Events Easily

Just like any human, your witnesses’ memory can get hazy over time. If you wait too long before filing a personal injury claim, your witness might have difficulties recalling the events. They could even forget certain key details altogether. This will weaken your case and make it harder for you to establish the other party’s negligence.

Hence, filing your personal injury claim as early as possible is important. Thus, your witnesses can recall the sequence of events more accurately.

●  Your Personal Injury Lawyer Will Have Enough Time

A personal injury lawyer needs time to prepare your case, gather more evidence, and build a strategy. You also have to consider the statute of limitations, which is only two years from the date of the accident.

Thus, consulting with a personal injury lawyer as soon as possible is crucial. They can help you to take all necessary steps within the required timeframe.