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How Long Does an Attorney Need to File a Personal Injury Claim for an Accident in Florida?


After any car accident involving an injury, the next best step is to seek compensation from the at-fault party’s insurance company. But, that’s no smooth journey considering the emotional turmoil and medical expenses, among other issues you have to deal with.

While having experienced West Palm Beach personal injury attorneys handle your claim will ease and fasten the process, it is impossible to predict just how long it will take before receiving a settlement. After all, there’s no typical personal injury case. Each injury, victim, and fact pattern differs, even if slightly.

Some of the factors that determine how long your attorney takes to recover compensation for you include:

  • The at-fault party’s willingness to settle
  • Your patience or willingness to wait for better results
  • The case load in your jurisdiction
  • the severity of your injuries
  • The amount of your damages
  • The complexity of your case

The process of filing a personal injury claim

Most personal injury cases will involve various typical steps. These include the following:

1.    Hiring a lawyer

If you have been injured in a car accident caused by someone else’s negligence, you might want to hire a lawyer, especially if you suffered significant injuries.

While you can handle the personal injury claim by yourself, having a personal injury attorney will take the burden off your shoulders and help you focus on your health. Hiring the right attorney is a quick process and will take a couple of days.

2.     An investigation by your attorney

As soon as you enlist an attorney, they will immediately start on your case by asking for details about the crash and your injury. This may include your medical condition, treatments you need or have received, and information about any preexisting condition.

Lawyers hate surprises, so you will need to be honest and share all details you think might help your case.

The personal injury attorney will also need to collect all your medical records and other accident-related bills. Once you’ve given the lawyer all the paperwork they need, they will evaluate your case and carry out their investigations to see if your claim is valid. This step can take several weeks or even months, depending on the seriousness of your case.

3.     Settlement demands and negotiations 

Once your personal injury lawyer has all the evidence they need, the next step is to let the other party’s insurance company know that you intend to file a claim. Most personal injury lawyers will not make a settlement demand or engage in negotiations until they are confident you’ll not need to undergo further medical treatment.

It can take several months or even years to reach a point of maximum medical improvement (MMI). That means your lawyer might have to wait for a while before engaging in negotiations to settle your claim.

4.     Filing a lawsuit

Most personal injury cases never make it to trial. However, your lawyer may file a lawsuit if the other party’s insurance company denies liability or your lawyer has a reason to believe that the settlement offer is insufficient. Before your case is tried, the time it takes will depend on factors such as the case load in your jurisdiction.

Most personal injury claims are settled within one to two years. However, it is essential to bear in mind that the Sunshine State has a limited window for when you can file a personal injury claim.

Talking to our West Palm Beach personal injury attorneys can help ensure that Florida’s statute of limitations does not expire before you recover the compensation you deserve.