How Does a Florida Personal Injury Claim Work?

The Personal Injury Claim Process in Florida

Accidents happen. A common phrase we are all familiar with yet the gravity of what it means eludes us until that accident does eventually occur and we are stuck with severe injuries as a result. Dangerous accidents can occur in a myriad of settings in a number of ways. From the common car accidents on the job. We all are at risk in some way or another. Many of these accidents may be the result of a party who had some idea of a present risk that could lead to the accident but failed to take measures to address the issue. This makes them negligent and possibly liable for your injuries. If this is the case with you then you may be able to seek compensation for the injuries that you suffered with a personal injury claim.

What is a Personal Injury Claim?

A personal injury claim is a form of civil tort where a person is able to hold those whose negligence led to their injuries accountable if they can be considered liable for the claimant’s wellbeing. Personal injury claims allow people to help deal with severe damages that come with accident injuries. Many accident injuries can turn a person’s entire life upside down. Things like expensive medical bills, lost wages, disabilities, and more can wreak havoc on accident victims’ finances despite their injuries not being their fault at all.

Medical Treatment After an Accident

The first and most important part of the personal injury claims process is seeking medical attention for any injuries that you may have sustained as a result of the accident you were in. This may seem like an obvious thing to do immediately following a serious accident but you would be surprised how many people procrastinate when it comes to getting checked over by a physician. Your health should always come first when you are in an accident. Don’t worry about evidence or other things until you are sure your health has been addressed first. Only then can you move on to the next steps of filing a personal injury claim.

Seeking medical is not only important for your personal health but it also affects the claims process. Failing to seek medical attention immediately following an accident can lead to the defendant party making the argument that since you didn’t need immediate medical attention then your injuries must not be so severe. This can reduce your credibility when it comes to claiming damage for severe injuries and your claim’s value can be reduced as a result.

Open up a Claim After the Accident

After you seek medical attention, the next step is to open up a claim with either the insurance of a liable party, your own insurance, or both depending on the type of accident that you were involved in. A personal injury attorney will assist you in this part of the process to ensure everything goes through the proper channels.

Stick to Medical Treatment and Recovery of Your Injury

As you are going through the claims process it is important to stick to the treatment plan that your doctor has prescribed for your injuries. Not only do you want to be sure that you get well as soon as possible but the insurance company you opened the claim with will likely be keeping a close eye to ensure that you are following treatment since they can attack your injury’s credibility if you do otherwise.

Submit a Demand Package

demand package is a collection of all the damages you suffered because of an accident injury, like a collection of medical bills, that is submitted to the insurance company to claim compensation. This is one of the many responsibilities of a personal injury lawyer. They will work with you to assemble a detailed demand package that clearly outlines your damages with all the proper documentation.

Settlement of a Personal Injury Claim

Typically, a good lawyer will help you to assemble a demand package that will give the insurance company all the information they need to know that your claim is valid and that you absolutely have a right to compensation from them. Your attorney and the insurance company will come to an agreement as to how much of a settlement you will receive. There may be some degree of compensation but both parties will generally want to come to some compromise rather than get involved in a lengthy trial. Should negotiations break down and the defending party feels that you do not have a valid claim, you may end up having to take matters to trial so that a jury can determine whether or not you deserve compensation.

Consider Eberst Law as Your Personal Injury Attorney

If you or a loved one has been injured and has sustained pain and suffering after the accident, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


Get Answers Now

Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

View All Posts