After a serious accident in Fort Lauderdale, Florida, caused by another person’s negligence, you could be entitled to damages through a personal injury claim or lawsuit. What’s the difference between a personal injury claim and a lawsuit?
Personal injury claims are generally handled through an insurance company, while lawsuits are handled by the court system. A Florida personal injury lawyer can help you determine whether to file a claim, a lawsuit, or both.
What Is a Personal Injury Claim?
A personal injury claim is filed with the at-fault party’s insurance company to seek compensation after an accident. The claimant must show that the insured was responsible, using evidence like police reports, medical records, and witness statements.
Insurance adjusters may deny the claim, accept it, or offer a reduced settlement. These initial offers often undervalue the victim’s losses, including medical bills, lost income, and pain and suffering. A personal injury claim is typically the first step in pursuing compensation without going to court. It’s designed to resolve cases faster and with less expense than a lawsuit.
While you’re not required to hire a lawyer, an experienced attorney can handle the claim process, present strong evidence, negotiate effectively, and improve your chances of a fair settlement.
Pros and Cons of a Personal Injury Claim
By pursuing a personal injury claim instead of a lawsuit, accident victims might see the following benefits:
- Faster resolution than a lawsuit
- Less stress and uncertainty
- Avoid the risk of trial
Some “cons” connected with personal injury claims include:
- May not fully cover losses
- The insurance company will aim to control a settlement
- No legal representation unless you hire a lawyer
A knowledgeable personal injury lawyer can review the facts of your accident and help you determine if a personal injury claim will get you the results you need.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit involves allegations of negligence by an injured victim (the plaintiff) and the at-fault party (the defendant). In a personal injury lawsuit, the injured person (plaintiff) must prove the defendant’s negligence caused their injuries by a “preponderance of the evidence.”
“Preponderance of the evidence” means it is more likely than not that the defendant was at fault. Once liability is proven, the plaintiff must then prove they are entitled to monetary damages.
Most personal injury lawsuits are settled without the need for a jury trial. In fact, only about 5% of personal injury cases go to trial nationwide. Nevertheless, a skilled personal injury lawyer will fully prepare your case in the event a trial is necessary. At trial, a lawyer will use evidence and witness testimony to prove your case to a jury.
What Are the Pros and Cons of a Personal Injury Lawsuit?
The benefits of pursuing a personal injury lawsuit include:
- Potential for greater compensation
- A neutral judge or jury evaluates your case
- Lawsuit pressure may lead to a fairer settlement
Possible downsides to a lawsuit might be:
- Takes longer than a claim
- The outcome is less predictable
- Court and attorney costs apply if you win
Whether a personal injury lawsuit is preferable to a personal injury claim – or vice versa – will depend on the facts of the case, your own preferences, and other factors. A lawyer can help you know your full range of options.
Statute of Limitations for Personal Injury Claims in Florida
If you’re considering filing a personal injury claim or lawsuit in Fort Lauderdale, it’s important to understand the statute of limitations—the legal deadline for taking action.
In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident. This means you generally have two years to file a lawsuit against the at-fault party. If you miss this deadline, you may lose your right to recover compensation entirely, no matter how strong your case is.
There are limited exceptions that could shorten or extend this timeframe, such as cases involving government entities or delayed discovery of injuries. To avoid missing critical deadlines and protect your legal rights, it’s best to consult with a Fort Lauderdale personal injury lawyer as soon as possible.
A Fort Lauderdale Personal Injury Lawyer Can Help With a Personal Injury Claim or Lawsuit
If you were injured in an accident in Fort Lauderdale, Florida, you can pursue compensation through a personal injury claim or a personal injury lawsuit. Either way, it will help to have experienced legal counsel by your side during the negotiation process.
A dedicated Fort Lauderdale personal injury lawyer can understand your next steps. We work on a contingency fee basis, so you pay no upfront costs. Contact us or call Workman Car Accident and Personal Injury Lawyers at (352) 773-3866 today to set up a free consultation.
