Personal Injury in Florida: How Can A Personal Injury Insurance Claims Attorney Help You?

Personal injury is defined as physical injuries inflicted on an individual’s body, as opposed to damage to property or reputation. When a person sustains injuries due to another person or entity’s negligence, the victim may file a personal injury lawsuit. A personal injury lawsuit holds the at-fault party accountable for their negligence and compensates the victim for their injuries and damages.

Personal injury attorneys play a critical role in helping victims recover their due compensation after an accident. Personal injury laws differ from state to state, making it difficult to know what to do following an accident by simply looking things up online.

Continue reading to learn how a personal injury insurance claims attorney can help you.

What is The Role of A Personal Injury Attorney?

The role of a personal injury insurance claims attorney extends from investigating claims to representing clients in court. They provide advice on how to tackle your personal injury insurance claim and protect your rights.

They utilize resources such as expert witnesses and reports to build a strong case, potentially increasing the compensation you may get.

Investigating Claims

Since personal injury lawyers generally work on a contingency fee basis, meaning that they only charge fees after they have secured a settlement or jury verdict, they often finance the cases they take on. Therefore, they thoroughly evaluate the feasibility of the case before they accept it. So, if they take on a case, you can rest assured that you have a decent chance of getting the compensation you deserve.

Gathering Evidence

Evidence is critical in establishing liability in a personal injury lawsuit. Evidence may include medical records, medical reports, medical bills, employment documents, property reports, property damage reports, and more.

A personal injury insurance claims attorney may gather evidence to support your claim by procuring medical, police, or incident reports. They may track down witnesses and witness statements to back up your claim.

Moreover, your attorney may retain evidence such as property damage, camera footage, or pictures for your case.

Negotiating with Insurance Providers

Negotiating with low-balling insurance adjusters is no mean feat. However, that’s just "a part of the job" for a personal injury attorney. They help you determine the extent of the compensation that may be available to you after reviewing the policy details and the specific circumstances of your case.

Personal injury can be of many types, such as car accidents, commercial truck accidents, slip and falls, or product liability. Since insurance policies can vary widely depending on the cause and type of injury, it is crucial to hire an attorney who specializes in such cases. Say you have been injured in a car accident in Florida. A Florida motor vehicle accident attorney can communicate with the insurance provider and utilize their expertise to facilitate a favorable outcome.

Drafting and Sending Demand Letters

You must first make a formal request for payment to the at-fault party, insurance provider, or both by way of a demand letter in order to pursue a personal injury claim in Florida. A demand letter states the facts of the accident and the amount being claimed by the plaintiff for the injuries caused by the defendant. Your personal injury attorney may send a demand letter to an insurance company after adequately investigating your claim.

This could be the end of your personal injury claim if you receive a favorable response. However, if your claim is denied, your personal injury insurance claims attorney can take more aggressive action to get you the compensation you deserve.

Preparing Pleadings

If the insurance company refuses to offer you a fair settlement after receiving a demand letter, your attorney may prepare a complaint against a defender. The complaint states legal arguments regarding why the defendant is responsible for the accident and states the amount of damages that the client is seeking. 

After receiving the complaint, the defendant typically has 30 days to respond to it.

Conducting Discovery

Your personal injury insurance claims attorney may also initiate the discovery process. The discovery process includes sending interrogatories to the defendant to obtain certain information. This may also include witnesses, experts, and deposing parties.

Representing Clients in Court

If your personal injury case ends up going to trial, your attorney will represent you in court. As personal injury attorneys are familiar with court customs and procedures, your attorney can ensure they are carefully followed.

An experienced attorney can help you follow through with procedures, document requirements, and help you file your case within the statute of limitations. The statute of Limitations is the time limit set by the law within which you must file a case. After the Statute of Limitations passes, you can no longer file for compensation.

Damages Available in A Personal Injury Case

The damages available in a personal injury case vary depending on the circumstances of the accident and the extent of your injury. A personal injury claim can emerge from a variety of situations, like motor vehicle accidents, medical malpractice, slip and fall accidents, defective products, and dog bites. However, the following damages are available in the majority of personal injury cases.

●    Cost of Medical Treatment:

●    Physicians’ bills

●    Hospital and emergency room expenses

●    Ambulance costs, surgeries

●    Rehabilitation, including physical therapy, occupational therapy, and vocational therapy

●    Counseling and therapy for depression, PTSD, and other psychological conditions

●    Medications, medical supplies, and equipment

●    In-home personal or health care

●    Loss of income:

●    Wages/salaries

●    Commissions, bonuses, and benefits

●    Financial damages:

●    Childcare or housekeeping

●    Modifications to home or car because of an impairment

●    Future economic damages:

●    Loss of future income due to permanent impairment

●    Decreased earning ability

A personal injury insurance claim attorney can determine the damages you can claim after reviewing the details of your case.

Conclusion

A personal injury attorney plays a pivotal role in helping victims recover damages by building a strong case. They investigate claims, gather evidence, negotiate with insurance providers, draft and send demand letters, prepare pleadings, conduct discovery, and represent clients in court.

If you have been injured in an accident, contact a personal injury insurance claim attorney immediately. They can help you complete required documentation within the statute of limitations, follow court customs and procedures if your case goes to trial, and increase your chances of getting fair compensation.