--- description: If you have been injured in an accident in Florida, you may be wondering whether or not you should file a personal injury claim. title: Why File a Personal Injury Claim in Florida? | Fran Haasch --- Why File a Personal Injury Claim in Florida? | Fran Haasch [Home](https://www.lawfran.com/) » Why Should I File a Personal Injury Claim in Florida? # Why Should I File a Personal Injury Claim in Florida? 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Frequency may vary. Message & data rates may apply. Text HELP for assistance, reply STOP to opt out. Δ If you have been injured in an accident, you may be wondering whether or not you should file a personal injury claim. The answer to this question depends on several factors, including the severity of your injuries and who is at fault for the accident. In this blog post, we will discuss some of the benefits of filing a personal injury claim in Florida. If you have been injured in an accident through no fault of your own, contact a [personal injury lawyer](https://www.lawfran.com/) at The Fran Haasch Law Group today. We will help you [determine what damages](https://www.lawfran.com/what-types-of-damages-can-i-recover-in-a-personal-injury-claim-in-florida/) you are entitled to and help you calculate how much you should recover. ## Factors To Consider Before You File a Personal Injury Claim Before you decide to [file a personal injury claim](https://www.lawfran.com/filing-a-personal-injury-claim/), there are a few factors that you should take into consideration. One of the most important factors is the severity of your injuries. Even if your injuries are minor, pursuing a personal injury claim may be worth it. However, the severity of your injuries may determine how much you will receive in a [personal injury settlement](https://www.lawfran.com/cash-advance-on-my-personal-injury-settlement/). Another factor to consider is who is at fault for the accident. If you were injured due to someone else’s negligence, you might have a strong case against them. However, if you were partially at fault for the accident, then your personal injury claim may not be as strong. The state of Florida uses a [“comparative negligence”](https://www.lawfran.com/blog/2023/04/what-bikers-need-to-know-about-hb837/) rule when it comes to personal injury claims. Florida changed its fault system to a “greater percentage of fault” model in March 2023. This “greater percentage of fault” model means that if a party is found to be more than 50% responsible for their harm, they cannot recover damages. For instance, if you were in a car accident and found to be 20% responsible, you would only be able to recover 80% of your total damages. However, if you were 50.1% or more responsible, you cannot recover anything. This change puts a heavier burden on the victim to prove the other party’s responsibility, which is why it’s vital to have a skilled personal injury attorney on your side. ## Benefits of Filing a Personal Injury Claim You may [recover compensation for damages](https://www.lawfran.com/compensation-for-my-personal-injury-case/) you incurred due to the accident by filing a personal injury claim. You could receive several benefits by filing a claim. These include: ### Medical Expenses One of the most important benefits is that you may be able to receive compensation for your medical bills. If you have been injured in an accident, you may have a lot of medical bills that you are unable to pay. By filing a personal injury claim, you may be able to receive compensation for your medical bills and any future medical treatment that you may need. ### Lost Wages Another benefit of filing a personal injury claim is that you may be able to receive compensation for your lost wages. If you have been injured in an accident, you may be unable to work and earn a living. By filing a personal injury claim, you may be able to receive compensation for your lost wages. ### Pain and Suffering If you have been injured in an accident, you may have experienced pain and suffering. By filing a personal injury claim, you may be able to receive compensation for your pain and suffering. This may include compensation for emotional distress and [mental anguish](https://www.lawfran.com/blog/2022/05/how-an-accident-can-affect-your-mental-health/). ## Additional Damages In addition to the damages listed above, you may also be able to receive other types of compensation, such as: ### Property Damage In some cases, you may also be able to receive compensation for property damage. If the accident has caused damage to your vehicle or other property, you may be able to receive compensation for the repairs. ### Punitive Damages In rare cases, you may also be able to receive punitive damages. Punitive damages are designed to punish the responsible party and deter them from engaging in similar conduct in the future. Filing a personal injury claim can provide you with several benefits. If you have been injured in an accident, you should consider consulting with an experienced personal injury lawyer to discuss your case. ## How Do I Know If My Claim is Valid? If you have been injured in an accident, you may be wondering [if your claim is valid](https://www.lawfran.com/how-do-i-know-if-i-have-a-personal-injury-claim-in-florida/). One of the best ways to determine whether or not your claim is valid is to consult with a personal injury attorney. An attorney will be able to review the facts of your case and advise you on whether or not you have a valid claim. ## What Should I Do if I Have a Valid Claim? If you have a valid claim, you should consult with an attorney to discuss your case. An experienced personal injury lawyer will be able to evaluate your claim and advise you on the best course of action. ## How Much Does a Personal Injury Attorney Cost in Florida? Most personal injury attorneys in Florida work on a [contingency fee](https://www.lawfran.com/contingency-fee/) basis. This means that you will not have to pay any upfront fees, and the attorney will only receive a fee if they can recover compensation for you. ## What Are My Chances of Winning My Case? The outcome of your case will depend on several factors, including the strength of your case and your evidence. An experienced personal injury attorney will be able to [evaluate your claim and advise you](https://www.lawfran.com/what-does-a-personal-injury-lawyer-do/) on the barriers you may face in pursuing your claim. ## Florida Personal Injury Law [Under Florida law](https://www.lawfran.com/florida-personal-injury-law/), you will need to establish the following elements: - The defendant owed you a duty of care. – You will need to show that the defendant owed you a duty of care. - The defendant breached their duty of care. – You will need to show that the defendant breached their duty of care by engaging in unreasonable conduct under the circumstances. - You were injured as a result of the defendant’s breach of duty. – You will need to show that you were injured due to the defendant’s breach of duty. - You suffered damages as a result of your injuries. – You will need to show that you suffered damages, such as medical bills, lost wages, or pain and suffering. If you can establish these elements, you may be able to recover compensation for your injuries. An experienced personal injury attorney will be able to help you establish these elements and build a strong case. ## The Florida Statute of Limitations for Personal Injury Claims In Florida, the [statute of limitations](https://www.lawfran.com/florida-personal-injury-statute-of-limitations/) for personal injury claims is two years from the accident date. This means that you have two years from the accident to file a personal injury lawsuit. If you do not file a lawsuit or settle your case within this time frame, you will be barred from doing so. ## What is Florida’s Comparative Negligence Rule? 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. ## What To Do After Suffering a Personal Injury in Florida? If you have been injured in an accident, you should seek medical attention as soon as possible. Once you have received the necessary medical treatment, you should consult with an experienced personal injury attorney to discuss your case. An experienced personal injury attorney will be able to review the facts of your case and advise you on whether or not you have a valid claim. If you decide to pursue a personal injury claim, the attorney will be able to guide you through [each step of the process](https://www.lawfran.com/filing-a-personal-injury-claim/) and help you recover the compensation that you deserve. ## What Evidence Do I Need to Support My Claim? You will need to provide evidence to support your claim to win your case. This evidence may include medical records, witness statements, photos or videos of the accident, and any other relevant documentation. An experienced personal injury attorney will be able to help you gather this evidence and build a strong case. ## Types of Personal Injury Cases We Handle At our firm, we handle a wide variety of personal injury cases, including but not limited to: - **Motor vehicle accidents** include [car](https://www.lawfran.com/car-accident-lawyers/) and [truck accidents](https://www.lawfran.com/truck-accident-lawyers/). Florida is a no-fault insurance state and requires drivers to carry personal injury protection insurance. After a car accident, an injured person may file a claim through their own [insurance company](https://www.lawfran.com/what-insurance-companies-dont-want-you-to-know/) to recover damages. - **[Motorcycle accidents](https://www.lawfran.com/motorcycle-accident-lawyers/)** can be devastating due to riders’ lack of protection. A motorcycle accident victim will need to show that the other driver was at fault for the accident to recover compensation. - **[Wrongful death claims](https://www.lawfran.com/wrongful-death-attorneys/)** can be filed when an individual is killed due to the negligence of another person or entity. These claims are typically filed by the surviving family members of the victim. No two personal injury cases are alike, and each case will present its own unique challenges. Contact a personal injury lawyer [immediately after your accident](https://www.lawfran.com/when-to-hire-a-personal-injury-lawyer/). We will be able to navigate these challenges and help you recover the compensation that you deserve. ## Contact a Personal Injury Lawyer Today At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the loved ones of those wrongfully killed secure the full, fair recovery they are owed. Our law firm offers dedicated legal representation for personal injury victims. If you feel you have been the victim of an accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. 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 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 ## Francoise M. Haasch Founding Attorney Over 20 Years Experience Personal Injury Car Accidents Motorcycle Accidents Lifetime Member Known for extensive trial experience and consistent client advocacy across complex injury cases. Meet Francoise M. Haasch ## Joshua R. Lipton Managing Attorney Over 20 Years Experience Personal Injury Car Accidents Motorcycle Accidents Recognized for consistent results and strong client advocacy in complex accident cases. Meet Joshua R. Lipton ## David R. Fuller Attorney Over 30 Years Experience Personal Injury Litigation Secured more than a dozen seven-figure settlements for clients. Meet David R. Fuller ## Allen J. Pipkins II Attorney Over 10 Years Experiece Personal Injury Wrongful Death Motorcycle Accidents Combines experience from both plaintiff-side injury firms and large insurance companies. Meet Allen J. Pipkins II ## Laura Smith Davies Attorney (Of Counsel) Almost 20 Years Experiece Personal Injury Wrongful Death Motorcycle Accidents Known for her versatile trial experience and leadership roles across multiple legal disciplines. Meet 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. Brandon Personal Injury Lawyer Difference Between Settlement and Trial Lakeland Personal Injury Lawyer Clearwater Personal Injury Lawyers Personal Injury Lawyer Port Charlotte What Insurance Companies Don’t Want You to Know Personal Injury Attorney Zephyrhills Personal Injury Lawyer Largo 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 » 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 » 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 » ## Contact Us Today (727) 784-8191 Our experienced attorneys are here to help you navigate your legal rights with confidence. 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