How Do Personal Injury Claims Work in Florida?

personal injury

If you are hurt in Florida because of another person’s negligence, you may want to file a personal injury claim. The process can become incredibly overwhelming, especially while you’re still in pain from the injuries you’ve sustained.

You can make personal injury claims for motor vehicle accidents, slip and fall accidents, dog bites, defective products, and more. The law allows you to recover your financial losses from your injuries and damages that another person or entity caused.

Medical bills have never been cheap. For many, these unexpected expenses can quickly put them into debt. If you’ve endured a personal injury, you may also be unable to work for the short or long term. No matter which type of personal injury claim you are trying to file, here’s how these claims work in Florida.

The Personal Injury Claim Process in Florida

If you have sustained serious injuries, the first step you should take is to contact a Boca Raton, FL injury lawyer. They will advocate for your legal rights and walk you through the process.

Send a Demand Letter

After hiring an attorney, they may send a demand letter to the insurance company. It will include all the evidence relating to your injuries and financial losses.

File Your Complaint

In some cases, your claim may end with a demand letter. Usually, though, the insurance company will reject your demand or pin the blame for your injuries on you. If this happens, your attorney will file a claim on your behalf.

Discovery Process

Once the complaint is initiated, both sides begin the discovery process. Your lawyer will conduct a thorough investigation to gather all evidence of your injury. You will need to go through a deposition as well, though your lawyer will be your representative to help you.

Settlement Negotiations

After the discovery process, negotiations will proceed. The other party will make an offer, and you and your attorney will review it. If it covers all costs you’ve incurred and the calculated future costs of your damages, you can accept the settlement offer. However, if the amount is not enough, then your attorney may file a lawsuit.


Even when a trial date has been set, there is still a chance for negotiations to resolve the matter. Most cases will settle long before they can get to the courtroom, though you should always hire an attorney who has strong trial experience in the event it gets to this point. If your case goes all the way to trial, the judge or jury will decide the fate of your case.

These steps are meant to be a brief outline of the personal injury claim process. If you were injured by someone else, speak with a lawyer as soon as possible. You only have a limited amount of time to file a lawsuit. The new laws in the state have shortened this time limit from four years to two, making it imperative to take action promptly.