--- description: Filing a personal injury claim can seem daunting, but with the help of an experienced personal injury lawyer, it can be a smooth process. title: Filing A Personal Injury Claim | How to File an Injury Claim canonical: https://www.lawfran.com/filing-a-personal-injury-claim/ date_modified: 2023-11-02T02:34:30+00:00 practice_area: personal-injury --- - Filing A Personal Injury Claim | How to File an Injury Claim [Home](https://www.lawfran.com/) » Filing a Personal Injury Claim # Filing a Personal Injury Claim Last Updated: November 2, 2023 - Reading Time: 6 minutes trusted Content Legally Reviewed by: Fran Haasch Updated 3 years ago [![Tampa Bay Trial Lawyers Association](https://www.lawfran.com/wp-content/uploads/2023/12/tbtla-1.webp)](https://www.tbtla.us) [![10 Best Attorney Client Satisfaction American Institute of Personal Injury Attorneys](https://www.lawfran.com/wp-content/uploads/2022/01/logo-4.png)](https://www.aiopia.org) [![Avvo Rating 10.0 Superb](https://www.lawfran.com/wp-content/uploads/2022/01/avvo.png)](https://www.avvo.com) [![Florida Justice Association Logo](https://www.lawfran.com/wp-content/uploads/2022/01/logo-5.png)](https://www.myfja.org) [![elite Lawyers of America ELA](https://www.lawfran.com/wp-content/uploads/2022/01/logo-3.png)](https://www.elitelawyer.com) [![National Alliance of Attorneys Distinguished Member logo](https://www.lawfran.com/wp-content/uploads/2022/01/distinguished-member-2020-1-300x256.png)](https://naoatty.org) [![American Academy of Attorneys Top 100 2020](https://www.lawfran.com/wp-content/uploads/2022/01/AAOA-Top-100-2020-1-1-300x212.png)](https://aaoaus.com/directory/categories/florida-top-100) [![American Association of Justice logo](https://www.lawfran.com/wp-content/uploads/2022/01/logo-2.png)](https://www.justice.org) [![Multi-Million Dollar Advocates Forum](https://www.lawfran.com/wp-content/uploads/2022/01/logo-1.png)](https://www.milliondollaradvocates.com) Table of Contents Our Case results [$5,010,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/5010000/) [$4,000,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/4000000-3/) [$4,000,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/4000000-2/) [$4,000,000 Catastrophic Injury, Personal Injury](https://www.lawfran.com/blog/case-results/4000000/) [$3,010,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/3010000/) [$2,405,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2405000/) [$2,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2400000-2/) [$2,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2400000/) [$2,330,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2330000/) [$2,300,000 Medical Malpractice, Personal Injury](https://www.lawfran.com/blog/case-results/2300000/) [$1,800,000 Car Accidents](https://www.lawfran.com/blog/case-results/1800000-2/) [$1,800,000 Car Accidents](https://www.lawfran.com/blog/case-results/1800000/) [$1,600,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1600000/) [$1,550,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1550000-2/) [$1,550,000 Car Accidents](https://www.lawfran.com/blog/case-results/1550000/) [$1,500,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1500000-2/) [$1,500,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1500000/) [$1,494,446 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1494446/) [$1,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1400000-2/) [$1,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1400000/) [View All Results](https://www.lawfran.com/case-results/) Our Practice Areas Testimonials Extremely attentive and considerate. Highly recommend them. When I got in my car accident they kept me up to date with everything didn’t have to be on top of them. Very professional. Thank you guys for all you help me with. Julie Rodriguez I was in a car accident a few years ago, they helped me through the process .Very professional and very generous toward the different charities that they help. I've gotten to know a lot of good people throughout the years that are affiliated with them. Thomas Scharf Attorney Fran Haasch was great in helping me with my medical bills and settling my case! They really cared about me and my family. I recommend them, if you have injuries from an automobile accident. Sofia Beshara Contact Us Today Free Consultation Call us Anytime 24/7 (727) 784-8191 CompanyThis field is for validation purposes and should be left unchanged.Name(Required) First Last Email Phone(Required)Are You a New Client?Are You a New Client?Yes, I am a potential new client.No, I am a current existing client.I'm neither.Case Details(Required)Communication Consent I consent to receive calls and emails from Fran Haasch Law Group Accident & Injury Lawyers, including via automated technology, AI-assisted systems, and prerecorded messages, regarding my inquiry and related legal services. Consent is not a condition of services. [Disclaimer](https://www.lawfran.com/disclaimer-and-terms-of-use/) | [Privacy Policy](https://www.lawfran.com/privacy-policy/)SMS/Text Message Consent I consent to receive text messages from Fran Haasch Law Group Accident & Injury Lawyers at the phone number provided, including messages regarding my inquiry, case updates, and appointment reminders. Frequency may vary. Message & data rates may apply. Text HELP for assistance, reply STOP to opt out. Submit Δ ![justice, statue, lady justice, Filing a Personal Injury Claim, The Fran Haasch Law Group](https://lh5.googleusercontent.com/QQiqNXNmw7wr7w1QcJY-eg-DitPFSk7Rve28G8NRbXNhxt_L5psKCpekylITr7uJd9Nl7HUF9WLtfikJdm5_zuTsx0FqMHWaZn9UxTZ89USb4rmvMAq98kbmZ9McYywN8DbuZFuzyqArMXCn) If you have been injured in an accident in Florida, you may be wondering what your next steps should be. Filing a personal injury claim can seem daunting, but with the help of an experienced [personal injury lawyer](https://www.lawfran.com/), it can be a relatively smooth process. The Fran Haasch Law Group team can help you navigate the legal process and ensure that your claim is filed within the applicable limitations. We understand the importance of the attorney-client relationship and will take quick action for your case. ## How Do I Know If I Have a Valid Claim? You will need to prove a few things to have a [valid personal injury claim](https://www.lawfran.com/how-do-i-know-if-i-have-a-personal-injury-claim-in-florida/) in Florida. First, you will need to show that the other party was responsible for the accident. This means that they were either negligent or reckless in their actions and that this led to your injuries. You will also need to show that you suffered damages due to the accident. These can be physical, emotional, and financial. Finally, you must prove that the other party’s negligence caused your injuries. ## Types of Personal Injury Cases Some of the most common types of personal injury claims include: - [Car Accident](https://www.lawfran.com/car-accident-lawyers/) - [Motorcycle Accident](https://www.lawfran.com/motorcycle-accident-lawyers/) - [Truck Accident](https://www.lawfran.com/truck-accident-lawyers/) - [Pedestrian Accidents](https://www.lawfran.com/pedestrian-accident-lawyer/) - [Bicycle Accidents](https://www.lawfran.com/bicycle-accidents/) ## Before Filing a Personal Injury Claim ![right, advocacy, lex](https://lh3.googleusercontent.com/YDeDpjHiFa8AkxxWndlFMvyNhH4L_WUfXpZRi1jyWUZF_qLjlI5mQnpz9hzYedD2v2QuBltpz8ljazvPth5VLDYT-B3eD19_lNhqXdzNswY-FQaHQlcAgTpMmRzXlMV2vW2eDHG2OCG6D5ut) Before filing a personal injury claim in Florida, you should do a few things. ### Seek Medical Treatment One of the most important things you should do after an accident is to [seek medical treatment](https://www.lawfran.com/blog/2019/06/the-importance-of-going-to-the-hospital-after-an-accident/). This will help you recover physically, but it will also create a paper trail of your injuries. Be sure to keep all copies of your medical expenses and records. ### Hire a Personal Injury Lawyer An experienced lawyer can help you [navigate the claims process](https://www.lawfran.com/filing-a-personal-injury-claim/) and maximize your chances of [recovering compensation.](https://www.lawfran.com/compensation-for-my-personal-injury-case/) #### Do I Need an Attorney to File a Claim? You are not required to have an attorney file a claim in Florida, but it is highly recommended. An experienced personal injury attorney will know how to build a strong case and negotiate with insurance companies. ### Gather Evidence Another important step is to gather evidence from the accident scene. This may include taking [photos of the scene](https://www.lawfran.com/blog/2022/05/5-tips-for-taking-effective-photos-of-a-vehicle-accident/), getting the contact information of any witnesses, and obtaining a copy of the police report. ### Calculate Your Damages Once you have gathered evidence and sought medical treatment, you will need to calculate your damages. This includes both economic damages (medical expenses and lost wages) and non-economic damages (pain and suffering). ### Determine Who Was at Fault In order to file a successful personal injury claim, you will need to prove that the other party was at fault for the accident. Florida follows a “greater percentage of fault” comparative negligence doctrine. This means that if you are more than 50% at fault for the accident, you will be barred from any recovery. ## During the Claim The personal injury claim process can be complex, but your attorney will be there to [guide you through every step.](https://www.lawfran.com/what-does-a-personal-injury-lawyer-do/) ### Keep Track of Expenses As you go through the claim process, keep track of all your expenses related to the accident. This includes medical costs, lost wages, and any other out-of-pocket costs. ### Reach Maximum Medical Improvement One of the most important things to remember during the claim process is that your goal should be to reach maximum medical improvement (MMI). This means you have recovered as much as possible and are not expected to improve further. ### File Your Claim Within the Statute of Limitations In Florida, the [statute of limitations](https://www.lawfran.com/florida-personal-injury-statute-of-limitations/) is two years from the date of the accident to file a personal injury claim. If you do not file within this time frame, you will be barred from recovering compensation. ![justice, scales, law](https://lh4.googleusercontent.com/KJpatkYGYPnxoKy3fzp7hdB7gqQBlxmNFpqxFwnK2XiNMAWCfnqps4z95xK7-JglOVTdr2Rd0uDMmfJVmKosTqmn_Tx8cGX0GUHDEw2vTe4gf2n9vD8aM05iI2FafIrmkbBd5xV11_tT_I2V) ## The Personal Injury Lawsuit Process Most [personal injury claims in Florida](https://www.lawfran.com/florida-personal-injury-law/) go through the following stages: - **Investigation and Claim Filing** – Your attorney will investigate the accident and gather evidence to support your claim during this stage. Once they have gathered enough evidence, a claim will be filed with your insurance company. - **Negotiation The Discovery Phase** – Most cases will settle through negotiation. Your attorney will work with the insurance company to reach a fair settlement agreement. If they cannot reach an agreement, the case will go to trial. - **Filing a Lawsuit and Discovery** – Your attorney will file a complaint to initiate a lawsuit Both sides will exchange evidence and take depositions during the discovery phase. Depositions are sworn statements from witnesses that can be used in court. - **Trial** – If your case goes to trial, both sides will present their evidence and argue their case before a judge or jury. The judge or jury will then decide who is liable and how much the injured party should receive in damages. A settlement may be reached during any stage of your case. If you reach a settlement agreement you must sign a release waiving your right to sue. Once the release is signed, the insurance company will [issue a check](https://www.lawfran.com/how-long-does-it-take-to-get-my-personal-injury-compensation/) for the agreed-upon amount. ## “Greater Percentage of Fault” Comparative Negligence in Florida Under HB 837, Florida switched from a pure comparative fault system to a “greater percentage of fault” system in March 2023. This means that if a party is found to be greater than 50% at fault for their own harm, they are barred from recovering any damages. For example, if you are awarded $100,000 in damages but are found to be 40% at fault, you would only receive $60,000. If you were 51% at fault, you would not recover any damages. This is why it is so important to have an experienced attorney on your side who can help prove that the other party was at fault for the accident. ## How Much Does it Cost to File a Personal Injury Claim? Personal injury lawyers in Florida work on a [contingency fee](https://www.lawfran.com/contingency-fee/) basis. This means they do not get paid unless you recover compensation. ## How Long Do Personal Injury Claims Take in Florida? The [length of time](https://www.lawfran.com/how-long-does-a-personal-injury-claim-take/) it takes to resolve a personal injury claim in Florida depends on many factors, such as the severity of your injuries and the facts of your accident. **How Long After an Injury Can I Make a Claim in Florida?** In Florida, you have two years from the date of the accident to file a personal injury claim. If you do not file within this time frame, you will be barred from recovering compensation. ## Can I Get a Settlement Without a Lawyer? You can settle your case without a lawyer, but it is not recommended. Insurance companies [will often take advantage](https://www.lawfran.com/what-insurance-companies-dont-want-you-to-know/) of accident victims not represented by an attorney. An experienced personal injury attorney will protect your rates and ensure you receive the maximum compensation possible. ## How Are Personal Injury Settlements Paid Out? ![insurance, damage, repair](https://lh3.googleusercontent.com/RCxskfK-fy6YgFj7IsT3VzlWcl1F1f-QR9Vxqset1ByQJ_cWDl5aLr_DpCBL84t-Qo07JTKhQoH7Zuabzt77wQ8ZGGpMksbMg7TRJWKXGq8qjs3bFl_0tACyRUon7Y5Jxz-FXrvkNBFai6hS) Most personal injury settlements are paid out in a lump sum. This means you will receive one payment for the full [amount of your settlement](https://www.lawfran.com/cash-advance-on-my-personal-injury-settlement/). However, in some cases, you may be offered a structured settlement. This means you will receive your settlement in periodic payments over time. Which option is best for you depends on many factors, such as your financial needs and the amount of your settlement. Your attorney can help you decide which option is best for you. ## No-Fault vs. Fault States [Florida is a no-fault insurance state](https://www.lawfran.com/car-accident-lawyers/is-florida-a-no-fault-state/) for car accidents. Each driver’s insurance company may pay a portion of their medical expenses and property damage regardless of who was at fault for the accident. This is different from fault states, where the driver who was at fault for the accident is responsible for the damages. ### How Does No-Fault Insurance Work in Florida? All drivers [must carry](https://www.lawfran.com/car-accident-lawyers/florida-car-insurance-laws/) personal injury protection (PIP) insurance in Florida. This type of insurance may cover some medical bills and lost wages, regardless of who was responsible for the accident. ## What Types of Damages Can I Recover in a Personal Injury Claim in Florida? In Florida, you can recover both[economic and non-economic damages](https://www.lawfran.com/what-types-of-damages-can-i-recover-in-a-personal-injury-claim-in-florida/). Economic damages have a specific monetary value, such as medical bills and lost wages. Non-economic damages do not have a specific monetary value, such as pain and suffering. In rare cases, you may also be able to recover punitive damages. These are damages designed to punish the other party for their negligence. ![chancellery, office, table](https://lh3.googleusercontent.com/9O5rW92SzAln-WxuvTzIiqPjPjTZiCPNmlcV-FB9zO0Q6XnyOgJwU-RKaa1d5KKTYxNaeOfB13z98gLTr_kfgzcyjOVmftwGBmNxd0n0pds0BC1KfxzZt5j4ZvhNm7c8NH0pydnWvTJD54hN) ## Consult Our Experienced Team of Personal Injury Attorneys Today If you have been injured in an accident, it is important to consult with an experienced personal injury attorney [as soon as possible](https://www.lawfran.com/when-to-hire-a-personal-injury-lawyer/). At The Fran Haasch Law Group, we offer a free case review so that you can learn more about your legal rights and options without any obligation. There is no obligation to hire our law firm, and we only get paid if we recover damages for you. Call (727) 784-8191 or[contact us online](https://www.lawfran.com/contact-us/) to get started on receiving maximum compensation for your personal injury case. INJURED IN FLORIDA? The Fran Haasch Law Group Is Here for You. Whether you’ve been hurt in a [motorcycle crash](https://www.lawfran.com/motorcycle-accident-lawyers/), [car accident](https://www.lawfran.com/car-accident-lawyers/), [truck collision](https://www.lawfran.com/truck-accident-lawyers/), or another serious incident, you deserve strong legal representation. Our experienced Florida [personal injury attorneys](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) will fight to protect your rights and help you recover the compensation you need. [Schedule Your Free Consultation](https://www.lawfran.com/contact-us/) Share this page Find an Office Near You Our Personal Injury Locations At Fran Haasch Law Group Accident & Injury Lawyers, we’re proud to serve clients throughout the greater Tampa Bay area and beyond. With multiple offices across the region, our team is dedicated to making it easy for you to access experienced legal help close to home. Select a location below to learn more about the services available near you. Meet Our Attorneys ![fran-haasch.jpg](https://www.lawfran.com/wp-content/uploads/elementor/thumbs/fran-haasch-r9krkvoso3sdv1wow979xtqj4n68cn5nlpd31reujw.webp) ## Francoise M. Haasch Founding Attorney Over 20 Years Experience - [Personal Injury](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) - [Car Accidents](https://www.lawfran.com/car-accident-lawyers/) - [Motorcycle Accidents](https://www.lawfran.com/motorcycle-accident-lawyers/) [![Multi Million Dollar Advocates Forum](https://www.lawfran.com/wp-content/uploads/2023/12/logo-1-2.png)](https://nwtla.org/members/francoise-haasch-esq/) Lifetime Member [![Avvo Rating 10.0 Superb](https://www.lawfran.com/wp-content/uploads/2023/12/avvo-2.png)](https://www.justice.org/) [![National Women Trial Lawyers Top 25](https://www.lawfran.com/wp-content/uploads/2023/12/66659356429853-e1760028480574.webp)](https://nwtla.org/members/francoise-haasch-esq/) [![Best of the Best Attorneys Top 10 Personal Injury Attorney 2024](https://www.lawfran.com/wp-content/uploads/2024/04/best-of-the-best.webp)](https://bestofthebestattorneys.org/best-attorneys/2024-best-attorneys/) [![2024 Attorney and Practice Magazine Personal Injury Law Attorney Badge](https://www.lawfran.com/wp-content/uploads/2024/02/award.webp)](https://www.attorneyandpractice.com/) Known for extensive trial experience and consistent client advocacy across complex injury cases. [Meet Francoise M. Haasch](https://www.lawfran.com/attorneys/francoise-m-haasch/) ![joshua-lipton.jpg](https://www.lawfran.com/wp-content/uploads/elementor/thumbs/joshua-lipton-r9krl6yuy47tqdgb2e2srqw299mmx0efn96wt2y4h8.webp) ## Joshua R. Lipton Managing Attorney Over 20 Years Experience - [Personal Injury](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) - [Car Accidents](https://www.lawfran.com/car-accident-lawyers/) - [Motorcycle Accidents](https://www.lawfran.com/motorcycle-accident-lawyers/) Recognized for consistent results and strong client advocacy in complex accident cases. [Meet Joshua R. Lipton](https://www.lawfran.com/attorneys/joshua-r-lipton/) ![david-fuller.jpg](https://www.lawfran.com/wp-content/uploads/elementor/thumbs/david-fuller-r9krlbo1wae9cf9hay3xm7pd86zgzhx3bwgc7gr5m4.webp) ## David R. Fuller Attorney Over 30 Years Experience - [Personal Injury Litigation](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) Secured more than a dozen seven-figure settlements for clients. [Meet David R. Fuller](https://www.lawfran.com/attorneys/david-r-fuller/) ![AllenPipkins](https://www.lawfran.com/wp-content/uploads/elementor/thumbs/AllenPipkins-r9kqgp36i2s3j69yjdwfugs4wn8cagmr2tctgwzqjw.webp) ## Allen J. Pipkins II Attorney Over 10 Years Experiece - [Personal Injury](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) - [Wrongful Death](https://www.lawfran.com/wrongful-death-attorneys/clearwater/) - [Motorcycle Accidents](https://www.lawfran.com/motorcycle-accident-lawyers/) Combines experience from both plaintiff-side injury firms and large insurance companies. [Meet Allen J. Pipkins II](https://www.lawfran.com/attorneys/david-r-fuller/) ![laura-smith.jpg](https://www.lawfran.com/wp-content/uploads/elementor/thumbs/laura-smith-r9krlffenmjemv40ozqfw6r7lqgxuac0of2a4klkx8.webp) ## Laura Smith Davies Attorney (Of Counsel) Almost 20 Years Experiece - [Personal Injury](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) - [Wrongful Death](https://www.lawfran.com/wrongful-death-attorneys/clearwater/) - [Motorcycle Accidents](https://www.lawfran.com/motorcycle-accident-lawyers/) Known for her versatile trial experience and leadership roles across multiple legal disciplines. [Meet Laura Smith Davies](https://www.lawfran.com/attorneys/laura-smith-davies/) Related Content Want to learn more about car accidents? Whether its how to prevent them or what to do once you’ve been in one, [our blog](https://www.lawfran.com/blog/) can help you gather the knowledge and information you need. ### [When to Hire a Personal Injury Lawyer](https://www.lawfran.com/when-to-hire-a-personal-injury-lawyer/) ### [What Types of Damages Can I Recover in a Personal Injury Claim in Florida](https://www.lawfran.com/what-types-of-damages-can-i-recover-in-a-personal-injury-claim-in-florida/) ### [How Long Does a Personal Injury Claim Take?](https://www.lawfran.com/how-long-does-a-personal-injury-claim-take/) ### [Brandon Personal Injury Lawyer](https://www.lawfran.com/brandon-personal-injury-lawyers/) ### [Difference Between Settlement and Trial](https://www.lawfran.com/difference-between-settlement-and-trial/) ### [Lakeland Personal Injury Lawyer](https://www.lawfran.com/lakeland-personal-injury-lawyers/) ### [Clearwater Personal Injury Lawyers](https://www.lawfran.com/clearwater-personal-injury-lawyers/) ### [Personal Injury Lawyer Port Charlotte](https://www.lawfran.com/port-charlotte-personal-injury-lawyers/) ### [Should I Speak to the Insurance Company About My Injuries?](https://www.lawfran.com/blog/2019/06/should-i-speak-to-the-insurance-company-about-my-injuries/) June 10, 2019 After being injured in an accident, one of the first calls you receive will come from the other party’s insurance company. Their job is to [Read Full Post »](https://www.lawfran.com/blog/2019/06/should-i-speak-to-the-insurance-company-about-my-injuries/) [![fran fights for you with car that rear ended another red car in background](https://www.lawfran.com/wp-content/uploads/2020/10/FranFights_FullCoverage.jpg)](https://www.lawfran.com/blog/2022/05/how-do-i-get-reimbursed-for-lost-wages-and-medical-expenses-after-an-auto-accident/) ### [How Do I Get Reimbursed for Lost Wages and Medical Expenses After an Auto Accident?](https://www.lawfran.com/blog/2022/05/how-do-i-get-reimbursed-for-lost-wages-and-medical-expenses-after-an-auto-accident/) May 8, 2022 An auto accident can cause you to suffer serious injuries that might require medical treatment, including surgery, rehabilitation, and prescription medication. In some cases, the [Read Full Post »](https://www.lawfran.com/blog/2022/05/how-do-i-get-reimbursed-for-lost-wages-and-medical-expenses-after-an-auto-accident/) ### [How An Accident Can Affect Your Mental Health](https://www.lawfran.com/blog/2022/05/how-an-accident-can-affect-your-mental-health/) May 11, 2022 No one ever expects to be in an accident, but it can happen to anyone. If you are involved in a car accident, it can [Read Full Post »](https://www.lawfran.com/blog/2022/05/how-an-accident-can-affect-your-mental-health/) ## Contact Us Today [(727) 784-8191](tel:+17277848191) Our experienced attorneys are here to help you navigate your legal rights with confidence. 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