Fiol Law Group|Posted in Lawsuits on October 26, 2020
A successful personal injury case in Florida could pay you for your past and future losses after a harmful accident. How you handle your personal injury case, however, can affect its outcome and the results you obtain. Improve your chances of success with a few simple tips.
Avoid Common Mistakes
Filing parties (plaintiffs) make many common mistakes during personal injury cases in Florida. These mistakes can have repercussions that range from diminished financial awards to denied benefits or losing the right to file at all. One of the best things you can do for your personal injury case is to avoid common errors.
- Stay off social media.
- Do not give an insurance company a recorded statement.
- Do not settle your claim too quickly.
- Do not forget future damages when describing your losses.
- Do not admit fault for the accident.
- Do not fail to call the police for a serious accident.
- Do not delay in receiving medical care.
The main things to remember are to learn the worth of your case and take your time with the settlement process. While it is normal to want to rush into a resolution, being too eager to settle could result in accepting an offer from an insurance company that far undervalues your losses. Instead, take your time, learn the true value of your claim and negotiate with the insurance company until you achieve a fair result.
Another common mistake plaintiffs make is assuming they have plenty of time to take legal action. Like all states, Florida has statutes of limitations that restrict how long claimants have to file claims. If you do not file within Florida’s deadline, you will most likely give up the right to obtain any compensation for your injuries. You have no more than four years from the date of your accident to file a lawsuit. You should act much sooner than this, however, to ensure the availability of key evidence for your claim. The longer you wait to file, the greater the chances are of important evidence being destroyed.
Provide Ample Evidence
When claiming somebody’s negligence, carelessness, recklessness or fault for your accident, it will be up to you or your attorney to prove this to be more likely true than not true. You will need to meet the burden of proof for a civil claim – a preponderance of the evidence. The more evidence you gather pointing to someone else’s fault, the stronger your personal injury case will be. Types of evidence that may help you with a claim include photographs, police reports, eyewitness accounts of the accident, surveillance footage, medical documentation and accident reconstruction. Start collecting evidence as soon as the day of the accident, if possible, for the strongest case against a defendant.
Be Wary of Insurance Company Tactics
A critical fact to keep in mind during a personal injury case is that the insurance company will not want the best outcome for you. Instead, it will want to reduce your payout to save the insurance company money. You must carefully navigate the insurance process. During conversations with an insurance claims adjuster, for example, never admit fault or agree to give a recorded statement. These mistakes could hurt your claim. Do not jump at the first settlement offer. Adjusters often use lowball initial offers and expect clients to negotiate for higher amounts. Being careful during negotiations with an insurance company could help you protect your rights.
Use a Personal Injury Lawyer
You do not have to speak with an insurance claims adjuster or representative after an accident in Florida if you do not wish to. You have the right to hire a personal injury lawyer to take over your claim for you. Trusting an attorney with your case can allow you to handle the insurance claims process more easily. Your lawyer will protect your rights and make sure the insurance company and its claims adjusters do not take advantage of you. Your attorney can also help with other aspects of your personal injury claim from start to finish. Hiring the right attorney in Tampa can help you achieve the best possible case results.