Florida Personal Injury Claims Process 2025
If you have been hurt in an accident in Florida where someone else may be at fault, you may be confused about what to do next. That is where the Florida claims process comes in. This process can help you recover compensation for your injuries. Understanding the claims process can help you know what to expect at each point and be better prepared.
What Is a Personal Injury Claim?
A personal injury claim is a way to seek compensation following an accident caused by someone else’s negligence. Florida follows a modified comparative negligence rule, which states that even if you are partially at fault, you can still recover damages, only that your percentage of fault adjusts your compensation. For instance, if you are found to be 20% responsible, you will be eligible to receive 80% of your total damages. However, under Florida’s modified comparative negligence rule, recovery is barred if you are found more than 50% at fault.
Florida also has a strict time limit for filing a personal injury claim, known as the statute of limitations. As of 2025, you have two years to file your claim. This seems like a long time, but the time lapses quickly. Filing a personal injury claim soon after the accident is critical to ensure you do not lose vital evidence to support your case. Additionally, to ensure you do not lose your right to seek compensation, it is in your best interest to file your claim within this time limit.
Personal Injury Claims Process in Florida
While each personal injury claim is unique, the process generally follows the same steps. You can think of it in phases, although only some cases will go through every phase or step. Many cases resolve in the initial stages, while others last up to the last phase to get resolved.
Phase 1: Evidence Collection
This is the most critical stage in a personal injury claim in Florida. As personal injury claims depend on demonstrating the other party’s negligence, gathering evidence to show this is vital. Working with a skilled personal injury lawyer right from this phase is best to ensure you get all the crucial information to strengthen your claim.
Phase 2: Negotiation
Once your attorney has gathered enough evidence, the negotiation phase begins. The at-fault party’s insurance company is served with a demand letter outlining your injuries, the accident, and the amount of compensation. A personal injury attorney can negotiate assertively on your behalf, ensuring you receive a fair settlement.
Phase 3: Litigation
If negotiations fail or the settlement amount is unfair, the case may proceed to court. Here, a formal lawsuit is filed against the at-fault party.
Phase 4: Settlement or Trial Phase
Many cases are resolved before trial through a settlement agreement. However, if an agreement is not reached, the case goes to trial, and a judge or jury determines the outcome. A skilled attorney can guide you through the trial process, ensuring you are fully prepared.
Call an Experienced Orlando Personal Injury Attorney
Navigating the personal injury claims process can be daunting, but having an experienced attorney by your side can significantly improve your outcome. Call our Orlando personal injury attorneys at The Pendas Law firm to help you navigate the process effectively and receive the compensation you deserve.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Miami, Jacksonville, Daytona Beach, West Palm Beach, Bradenton, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.