If you are recovering from an injury after a car accident, motorcycle accident, or other incident, you need to have the energy and time before filing a personal injury claim. The process of filing one can often be longer and more exhausting than people realize. Many injury victims turn to experienced personal injury attorneys for help.
Whether or not you plan on hiring a lawyer to represent you, everyone should know a few things before filing a personal injury claim. Understanding these aspects of the personal injury claim process will improve your experience and give you a better chance at success. With that said, here are nine things to know about your personal injury claim:
9 Things You Should Know Before Filing a Personal Injury Claim
1 – You Must File Your Lawsuit Within The Statute Of Limitations
Before filing a personal injury claim, you need to know the statute of limitations. A statute of limitations is a law that governs how long you have from the date of the accident to file a personal injury claim. Statutes of limitations can differ from state to state, and there may also be different statutes of limitations for different types of crimes.
The Florida Statute of Limitations states that victims or the state have four years from the date of the accident to file a lawsuit against the defendant in a personal injury case. There are some exceptions for special cases, but it is always best to file a claim sooner rather than later.
When you file closer to the date of the accident, better evidence is usually available to support your case. Additionally, witnesses and individuals directly involved in the accident may forget important details over time. It is best to gather statements and have a lawyer investigate the accident before years pass.
You may also lose your right to file a claim if you wait to file a lawsuit until after the statute of limitations has expired.
2 – Make Sure To Build A Strong Case
You must build a strong case to support your claim and give yourself the best chance of being awarded a fair settlement. One of the advantages of hiring a personal injury attorney is that they know exactly how to prove negligence in a personal injury case. An attorney can help you collect the evidence and documentation you need to strengthen your claim. Your attorney can also keep track of all this information so you don’t have to.
However, some people may choose to forego professional legal representation. They may wish to handle the case independently or simply do not want to pay for an attorney. Here are some tips to follow for building a stronger personal injury case:
- Gather all relevant evidence
- Complete and maintain any documentation to support your claim
- Make sure to get the contact information for all parties involved (witnesses, first responders, lawyers, insurance agencies, medical providers)
- Draft up a demand letter
- Send your demand letter to the at-fault insurance company along with all relevant records, documentation, and bills
- Negotiate with them for a settlement you are satisfied with
- Prepare to take the case to court if a settlement cannot be reached
3 – Consider Future Damages
It is crucial to consider any future costs you may incur from your accident when calculating how much to ask for in a personal injury settlement. This can include economic damages, such as future treatment or lost wages, and non-economic damages, such as emotional suffering or long-term disability.
Before filing a personal injury claim, factoring in the cost of future damages into the settlement amount you request in a demand letter ensures you are compensated for the impact your injuries will have on your life. Including these damages in your claim will typically increase the value of your case significantly.
4 – Do Not Accept The Initial Offer
Insurance companies will typically try to convince or coerce you into accepting their initial settlement offer, especially if you do not have a lawyer representing you. The problem is the initial settlement offer is almost always lower than the compensation you need and deserve.
This is why steps 2 and 3 are so necessary.
By adding up all of your current bills and expenses and calculating your future expenses, you will better understand what you should be awarded. This will help prevent you from accepting an unfairly low offer. You can identify an undervalued settlement offer immediately and counter it with an offer that satisfies you.
Claimants also have a stronger leg to stand on in negotiations when they have collected all the necessary documentation, bills, and evidence to support the settlement figure they request.
5 – Your Personal Life and Medical History Can Impact Your Case
Before filing a personal injury claim, it is important to realize that insurance companies will do whatever they can to gain leverage in a case and distance themselves from full responsibility for injuries. What does this mean for the claimant? Insurance companies may conduct extensive research into your personal life, professional life, and medical history to try to minimize their liability for your injuries.
They may look at your:
- Medical history
- Criminal background
- Employment history
- Social media accounts
Insurance companies look for anything they can use to devalue your claim. For example, let’s say you injured your knee in a slip-and-fall accident. If you had previously injured that same knee, they may claim that your injuries were primarily due to a pre-existing condition. They may do this even if your previous injury was several years old and completely unrelated.
A history of financial delinquency or criminal activity can also negatively impact the value of your claim. Remember that your past can affect the value of your claim, and you need to be prepared to provide strong evidence to justify the settlement amount you seek.
6 – Injury Victims Can Become Targets For Solicitation
Many solicitors will try to take advantage of the financial situation of many injured victims. They often take the form of loan lenders who offer fast money to help you cover immediate medical expenses while you wait for a settlement.
The problem is that these loans are often predatory and target people in a very tough place. They typically have extremely high interest rates and leave victims worse financially than they started. Victims may simply use a large portion of their settlement to pay off their loans.
It is not advised to take one of these loans, but if you do decide you need one, be sure to read the fine print carefully. Look at the interest rates and calculate the true cost of the loan.
7 – Be Patient
Personal injury claims can take quite a long time to resolve fully. Before filing a personal injury claim, it would be best to be wary of any personal injury attorney who guarantees a quick settlement or fast cash. Gathering all the evidence and documentation to build a strong case can take a good amount of time, and negotiating for a fair settlement can take even longer.
Remember to be patient and avoid accepting an undervalued settlement simply to get compensation faster. A personal injury attorney can help you deal with injury expenses you cannot afford to pay until you have gotten a settlement. They can also work with medical providers to arrange payment from a settlement once you have been awarded compensation.
8 – Look For A “No Fee Guarantee”
Injury victims who decide to hire a personal injury attorney should look for an attorney who works on a contingency basis. A contingency fee basis means you will not be charged any attorney fee unless your lawyer wins your case. Most personal injury attorneys who operate under a contingency fee will take a certain percentage of the awarded settlement as their fee.
Be sure to discuss this fee with your attorney before you hire them. The benefit is that you will not have to pay your attorney out of pocket, and your attorney will have extra incentive to win the case for you.
The experienced personal injury attorneys at Calandro Law do not charge their clients anything until they have won the case. Additionally, you schedule a free case evaluation with Calandro Law. During your evaluation, an expert lawyer will inform you of whether or not you have a strong case, the estimated time it may take to resolve your case, and your legal options going forward.
9 – Be Prepared To Go To Court
Despite all the preparation, evidence-building, and negotiation time you invest into a case, there is still a chance your case could go to trial. A personal injury claim will go to court when neither party can agree upon a settlement amount.
Claimants are legally allowed to represent themselves in a personal injury trial, but this is almost never recommended. If your claim is going to trial, it is in your best interest to hire an experienced personal injury attorney. Many legal pitfalls and procedures can be difficult to navigate for individuals unfamiliar with the technical letter of the law. A trial-tested lawyer in your corner offers you the best chance at a favorable outcome.
Before Filing a Personal Injury Claim, Speak With a Riverview Personal Injury Attorney Today
If you have been injured due to someone else’s negligence in Riverview, the personal injury attorneys at Calandro Law are prepared to get you the settlement you deserve. Before filing a personal injury claim, let our legal team help you.
We will investigate your claim thoroughly and gather all the pertinent evidence and documentation to build a strong case for you. Your attorney will offer expert legal advice and guide you through settling a personal injury claim. They can even represent you in negotiations and legal proceedings without your presence.
Clients do not owe anything unless we win the case. When you are ready to fight for compensation, we will be there to help. Contact us at (813) 563-6463 to schedule your free case evaluation.
