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Filing a Personal Injury Claim

If you choose to file a claim during the days or weeks after suffering a personal injury, there are a number of steps you should take in no particular order. The more of these recommendations you follow, the smoother your claim process is likely going to be:

  1. Record as much as you can remember about the events of the accident, your injuries, and other damages such as lost wages.
  2. Take notes of the dialog you've had between people associated with the accident or the injury claim.
  3. Keep track of proof showing who was responsible for the accident by gathering physical evidence and photographing the scene.
  4. Interview witnesses who think they can offer information to help your case.
  5. Inform anyone you believe may be liable for the accident of your intention to file a claim for compensation.

Injury notification time limits

You are not obligated to notify those who you believe are responsible for your injuries unless your claim is against a government agency or employee. However, that does not mean you should take your time; filing within a few days significantly decreases the turnaround time and increases the likelihood that you will experience a just resolution.

Providing notice does not mean you have to file a claim. Instead, it preserves your rights and does not allow others to say that your claim should be voided because you stalled for too long before mentioning your injuries. If you report your injuries up front, you will have the ability to pursue legal action at your own pace.

Deadline for filing claim against government entity

A formal claim is required a brief time after the accident if it was in any way caused by a government entity or one of its employees (e.g., city, county, state, federal branches). Depending on where you reside, this timeframe usually lasts between a month and a year. If you do not file a claim within your state's time constraints, your chance to receive compensation may be annulled.

You can find out how long you have to file a claim by contacting the city or district attorney's office. By law, they are required to give you this information although there is a good chance they will be defending against a government enterprise. Try consulting with a Florida accident attorney for more advice on filing.