Understanding Personal Injury in Florida

Experiencing a personal injury can be a traumatic and life-altering event. In Florida, the legal landscape surrounding personal injury cases is complex, requiring a clear understanding of the necessary steps to take following such an incident. Navigating through the immediate aftermath can significantly influence the outcome of any legal claims and ensure that your rights are protected. This comprehensive guide will walk you through the essential steps to take after sustaining a personal injury in Florida, emphasizing the importance of each action in safeguarding your health and legal interests.

Immediate Medical Attention

The first and most crucial step after sustaining a personal injury is to seek immediate medical attention. Even if the injuries appear minor, it is vital to get a professional medical evaluation. In many cases, injuries may not be immediately apparent and could worsen over time without proper treatment. Prompt medical care not only ensures that your health is prioritized but also provides essential documentation of your injuries, which can be critical in any subsequent legal proceedings. Medical records serve as objective evidence of the injuries sustained, linking them directly to the accident.

Reporting the Incident

Once medical attention has been secured, the next step is to report the incident to the appropriate authorities. Depending on the nature and location of the injury, this could involve contacting the police, notifying a supervisor if the injury occurred at work, or informing the property owner if the injury happened on private premises. An official report provides a formal record of the incident, detailing the circumstances surrounding the injury. This documentation is invaluable when filing a personal injury claim, as it supports your account of the event and helps establish liability.

Gathering Evidence

Collecting evidence is a pivotal step in strengthening your personal injury claim. This process involves documenting the scene of the incident and gathering any available evidence that supports your case. Photographs of the accident scene, your injuries, and any property damage can provide visual proof of what occurred. Additionally, obtaining contact information from witnesses can be beneficial, as their statements can corroborate your version of events. Preserving any physical evidence, such as damaged personal belongings, can also be crucial. All these pieces of evidence collectively build a strong foundation for your claim, making it more likely to succeed.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Keeping Detailed Records

Maintaining thorough and organized records is essential for the success of your personal injury claim. This includes keeping copies of all medical bills, treatment records, and receipts for any expenses related to your injury. Detailed records of lost wages due to time off work should also be kept, as these can be claimed as part of your compensation. Additionally, maintaining a personal injury diary can be incredibly useful. Documenting your pain levels, emotional state, and the impact of the injury on your daily life provides a personal account of your suffering and can be persuasive in court.

Notifying Your Insurance Company

Promptly notifying your insurance company about the incident is another critical step. Insurance policies often have specific timeframes within which you must report an accident. Failure to adhere to these timelines can result in the denial of your claim. When communicating with your insurer, it is important to provide accurate and factual information about the incident and your injuries. However, be cautious about making any recorded statements or accepting initial settlement offers without consulting an attorney. Insurance companies may attempt to minimize their payout, and having legal representation ensures that your rights are protected.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Avoiding Social Media

In the digital age, it is important to be mindful of your social media presence following a personal injury. Any posts, photos, or comments you make can potentially be used against you in your personal injury case. Insurance companies and defense attorneys often scrutinize social media accounts to find evidence that can discredit your claim. For instance, posts showing you engaging in physical activities can be used to argue that your injuries are not as severe as you claim. It is best to avoid posting about the incident or your injuries altogether and to adjust your privacy settings to limit access to your personal information.

Consulting a Personal Injury Attorney

One of the most important steps after sustaining a personal injury is to consult a qualified personal injury attorney. Navigating the legal system can be complex, and having professional legal representation can significantly impact the outcome of your case. An attorney can provide valuable guidance on the legal process, help you understand your rights, and advocate on your behalf to ensure that you receive fair compensation. From negotiating with insurance companies to representing you in court, an attorney’s experience is instrumental in securing the best possible outcome for your case.

Filing a Personal Injury Claim

With the help of your attorney, the next step is to file a personal injury claim. This involves submitting the necessary paperwork and documentation to the appropriate court. Your claim should detail the circumstances of the incident, the extent of your injuries, and the compensation you are seeking. The process of filing a claim can be time-consuming and requires meticulous attention to detail. Your attorney will ensure that all legal requirements are met and that your claim is filed within the statute of limitations. In Florida, the statute of limitations for personal injury cases is generally four years from the date of the incident.

Negotiating a Settlement

Many personal injury cases are resolved through settlement negotiations rather than going to trial. During this process, your attorney will negotiate with the defendant’s insurance company or legal representatives to reach a fair settlement amount. A settlement can provide you with compensation without the need for a lengthy court battle. However, it is important to ensure that the settlement offer fully covers your medical expenses, lost wages, pain and suffering, and any other damages you have incurred. Your attorney will work to negotiate the best possible settlement on your behalf, ensuring that your interests are fully represented.

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Preparing for Trial

If a fair settlement cannot be reached, your case may proceed to trial. Preparing for trial involves several stages, including discovery, where both parties exchange information and evidence. Your attorney will prepare you for the trial process, including what to expect during court proceedings and how to present your case effectively. Going to trial can be daunting, but with a skilled attorney by your side, you can feel confident in the representation you receive. The trial process allows for a thorough examination of the evidence and provides an opportunity for a judge or jury to determine the outcome of your case.

Understanding the Compensation You May Be Entitled To

In a personal injury case, compensation can cover a wide range of damages. These include economic damages, such as medical expenses, rehabilitation costs, and lost wages. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also be claimed. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct. Understanding the full extent of the compensation you may be entitled to is crucial in ensuring that you receive a fair settlement or judgment. Your attorney will help you evaluate your damages and build a case that accurately reflects your losses.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Importance of Patience and Persistence

The process of pursuing a personal injury claim can be lengthy and requires patience and persistence. It is important to remain patient and trust in the legal process. Your attorney will handle the complexities of your case, but your cooperation and patience are vital. The pursuit of justice takes time, and it is essential to stay focused on the end goal of receiving fair compensation for your injuries. By following the necessary steps and working closely with your attorney, you can navigate the legal system effectively and achieve a successful outcome.

If you or a loved one has sustained a personal injury in Florida, the legal team at Serrano Law is here to help. With a deep understanding of Florida’s personal injury laws and a commitment to advocating for our clients, we will guide you through every step of the legal process. Our experienced attorneys will fight to ensure that you receive the compensation you deserve for your injuries. Contact Serrano Law today to schedule a consultation and take the first step towards securing the justice and compensation you are entitled to. Your recovery is our priority, and we are dedicated to standing by your side every step of the way.