Florida Personal Injury Lawyer

If you are like many plaintiffs in personal injury cases, you have virtually no legal experience. You may not know which actions could help or hurt your case, and you fear making a mistake that hurts your payout.

Our Florida personal injury lawyers have been representing accident victims for over 40 years and have witnessed a few common mistakes among clients. Avoid these errors as you navigate your personal injury claim. 

1. Leaving the Accident Scene Without Gathering Crucial Evidence

Whether you were involved in a vehicle crash, premises liability event, or any other type of personal injury accident, evidence is critical to your case. And some of the strongest evidence only exists at the scene of the accident. Once you leave, it will become lost forever. 

That’s why it is so important to gather evidence immediately after the accident before you leave the scene. Take photos and videos of the hazard that caused your injury. Call the police to request a police report and ask for the contact information of any witnesses. Your Florida personal injury lawyer will be very thankful that you collected this evidence. 

2. Delaying Medical Treatment

Your accident may leave you feeling bruised or banged up, but you may not think you have any significant injuries. Still, seeking medical treatment as soon as possible is important to your accident case. 

Medical care offers essential documentation that you can use in the compensation recovery process. It helps directly tie your injuries to the accident, disputing any claims that they were pre-existing.

For your own sake, seeking prompt medical care may improve your recovery outcomes. You can begin treating injuries immediately and prevent them from worsening. 

3. Inadvertently Admitting Fault 

You may know that the number-one rule after an accident is never to admit fault, even if you know you were responsible for the accident. However, many accident victims fail to realize what statements and phrases may be misconstrued as admitting fault. 

Saying “I’m sorry” to the other party or explaining what you should have done differently may be interpreted as you admitting your role in the accident. You need to be very careful when talking to any parties involved in your case. When in doubt, your Florida personal injury lawyer can speak on your behalf.  

4. Not Fully Understanding Florida’s No-Fault Insurance Laws

Florida is a no-fault insurance state, which means drivers typically file accident claims with their own insurers rather than the at-fault driver’s insurance company. But this negligence law does not mean you are completely barred from seeking compensation from the other driver. 

You have the right to sue the other party for damages if your injuries meet the “serious injury” threshold, which includes:

  • Permanent disfigurement
  • Significant loss of a bodily function
  • Permanent injury

This may give you access to compensation beyond the limits of the insurance settlement. 

5. Missing the Statute of Limitations

The statute of limitations for personal injury cases in Florida is two years from the accident date. Missing this deadline may bar you from seeking compensation from the at-fault party. 

Take note of this statute and avoid delaying your case for too long. Two years can pass quickly when you are recovering from significant injuries, but you don’t want to lose out on the compensation you need to move forward. 

6. Waiting Too Long To Hire Legal Representation

Finally, injury victims often wait months or even over a year to hire a Florida personal injury lawyer to represent them. The sooner you hire legal representation, the stronger your case will be. 

At Fenstersheib Law Group, P.A., we are available to discuss your case as soon as today. Call us at 800-TellRobert (800-835-5762) or 954-456-2488 to request a free case evaluation

 

Frequently Asked Questions (FAQ)

What is Florida’s no-fault insurance law in the context of personal injury?

Florida’s no-fault law means you typically file with your insurer first, but you can sue for damages if injuries meet the “serious injury” threshold, like permanent disfigurement.

How long do I have to file a personal injury claim in Florida?

The statute of limitations for personal injury cases in Florida is two years from the date of the accident.

Why is it important to gather evidence at the accident scene?

Evidence like photos, videos, and witness information gathered immediately after the accident is crucial and may be lost if you leave without collecting it.

Fenstersheib Law Group, P.A.

The Lawyers at Fenstersheib Law Group, P.A. provide
personalized legal representation for personal injury cases.
FREE CONSULTATION 1-800-TELLROBERT (954) 456-2488

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