If you’re like most people, going through a personal injury claim is a brand new experience. You probably don’t know what to expect, and you might not even be sure what all goes into seeking compensation for your injuries. In this article, our board-certified trial team provides an overview of seven key aspects of a personal injury claim in Florida.
1. The Accident
All personal injury claims start with some sort of accident. It may be a vehicle collision, a boating accident, or a fall on someone else’s premises. In order to recover compensation, you need to be able to show that someone else’s negligence led to your injuries. This means that there must have been an event that was not your fault (or, at least, not entirely your fault) that led to your current condition.
2. The Evidence
In order to win your claim, you will need evidence. This includes evidence of the cause of the accident; evidence of the cause of your injuries; and evidence of the extent of your physical, financial, and emotional harm. Some common forms of evidence in personal injury cases include: Photographs, police reports, medical records, and witness testimony.
3. The Injuries
As their name suggests, personal injury claims are based on physical injuries. Without physical injuries, you may be entitled to compensation for property damage (such as the damage to your car), but otherwise, you generally will not have grounds to file a civil claim. At Brian D. Guralnick, Injury Lawyers, we work with experienced doctors who can fully diagnose your accident-related injuries to make sure that you receive maximum compensation.
4. Other Losses
When you suffer physical injuries in an accident, you will often suffer other accident-related losses as well. Depending on exactly what happened and your personal circumstances, these may include:
- Medical bills
- The cost of future treatment, therapy, and rehabilitation
- Lost income
- Lost future earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
5. The Lawsuit
Personal injury claims involve filing a lawsuit in court. Your lawsuit – which will be prepared by your attorney – will identify the responsible parties, state the facts that entitle you to compensation, and request payment of fair compensation. As an accident victim, the main thing that you need to know your lawsuit is this: If you wait too long, you can lose your right to file a lawsuit in court. If you miss the deadline, you could end up without any compensation.
6. The Settlement
While the lawsuit is pending, your attorney will be negotiating with the insurance companies and defense lawyers in order to try to settle your case for the largest possible amount. Most personal injury cases settle well before trial. If you receive an acceptable settlement offer, you will sign a settlement agreement and receive payment, and then your case will be over.
7. The Trial
But, if the settlement negotiations are unsuccessful, then your case will go to trial. Sometimes, insurance companies and defense lawyers simply won’t see the victim’s side of the story. If a trial is necessary, your attorney will go to court in order to convince the judge or jury to award you maximum compensation.
Speak with a Palm Beach County Personal Injury Lawyer Today
At Brian D. Guralnick Injury Lawyers, we represent accident victims throughout Palm Beach County. We have offices in West Palm Beach, Boca Raton, Boynton Beach, and Jupiter, and we handle cases involving all types of injuries. Whatever happened, if you have been injured, I invite you to call me, Brian, personally to discuss your case. Call me at (561) 983-4395 or tell me your case online so I can help you Demand More® for your losses.