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Filing a Lawsuit for A Personal Injury Claim in Florida

Oldham & Smith Sept. 28, 2017

The personal injury claims process in Florida can be lengthy and complex, but a reputable personal injury attorney can walk you through the process and help you understand the legal challenges ahead of you.

One of the most important state laws to consider when filing a personal injury lawsuit is the statute of limitations. This law determines how long you have after an accident to file a legal action for recovery. In Florida, the statute of limitations for most types of personal injury claims is four years. If you have not filed your lawsuit within four years from the date of your injury, you will never be allowed to seek recovery in the court system for this claim.

Determining Damages in A Personal Injury Case

The amount of compensation you are entitled to receive for a personal injury claim depends on the damages you have incurred. Compensatory damages include economic damages (such as medical bills and lost wages) and non-economic damages (pain and suffering, disfigurement, etc.). It may take some time to realize the severity and permanence of your injuries, but it is important to understand the full scope of your injuries so you can account for ongoing and future pain and suffering, medical expenses, and time off work.

Negotiating a Settlement

Once the damages have been assessed, your attorney will begin settlement negotiations by sending a demand letter to the defendant, his lawyer, or his insurance company. Negotiations may go on for quite a while before the parties reach an agreement. Many parties in a personal injury lawsuit choose to go to mediation, where a neutral third party can help you reach a settlement agreement with the other side. If the parties do not come to terms after mediation, the case will be set for trial.

Going to Trial

If a case goes to trial, a judge or jury will decide how much compensation you should receive. Most personal injury lawsuits never go to trial, as more than 95% of cases settle out of court. However, when choosing an attorney to handle your claim, make sure you find one who is willing to go the distance if that is what it takes to win fair compensation in your case.

Need Legal Help? Call a Central Florida Personal Injury Attorney.

If you have further questions about filing a personal injury lawsuit in Florida, contact the Law Firm of Oldham & Smith. Call us today to schedule a free consultation at our Tavares, Bushnell, or Orlando locations.