After an accident, you may be left with medical bills, lost income, and a lot of questions about your next steps. One of the most common questions is: “Do I have a personal injury claim?”
Understanding what a personal injury claim is—and how it works—can help you protect your rights and secure the compensation you deserve. At Ginnis, Krathen, & Zelnick, our attorneys have decades of experience guiding clients across Florida through the personal injury process. Here’s what you need to know.
Defining a Personal Injury Claim
A personal injury claim is a legal action that arises when someone suffers physical, emotional, or psychological harm due to another party’s negligence or wrongdoing.
These claims go beyond just physical injuries. They can include:
- Emotional distress
- Lost wages or earning potential
- Pain and suffering
- Long-term medical needs
Personal injury claims are designed to hold the at-fault party accountable and ensure the injured party receives fair compensation.
Common Types of Personal Injury Claims
Personal injury law covers a wide range of cases, including:
- Auto accidents – car, truck, motorcycle, and pedestrian crashes.
- Slip and fall / premises liability – injuries caused by unsafe property conditions.
- Medical malpractice – harm caused by medical negligence.
- Product liability – defective or dangerous consumer products.
- Wrongful death – when negligence leads to the loss of a loved one.
Each type of claim has unique legal considerations, but they all share the same purpose: to help victims recover financially and personally after an accident.
How the Process Works
The process for pursuing a personal injury claim typically involves:
- Filing a claim – often with the at-fault party’s insurance company.
- Gathering evidence – including medical records, witness statements, and accident reports.
- Negotiation – many cases settle out of court.
- Litigation – if necessary, your attorney can take the case to trial to secure a fair outcome.
Timelines vary, but having an experienced attorney helps ensure no critical steps are missed.
What Compensation Can Include
A personal injury claim may allow you to recover damages such as:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Emotional trauma
- Pain and suffering
- In some cases, punitive damages
Florida-Specific Considerations
Florida law has unique aspects that can affect your claim:
- Comparative negligence: Your compensation can be reduced if you are found partially at fault.
- Statute of limitations: In most cases, you have two years from the date of injury to file a claim.
- Insurance complexities: Florida’s insurance rules make having an experienced legal team even more important.
Why Work with an Attorney?
Insurance companies often aim to minimize payouts, and legal processes can be overwhelming. A skilled personal injury attorney ensures your rights are protected, evidence is gathered properly, and your case is positioned for maximum recovery.
At Ginnis, Krathen, & Zelnick, we’ve helped countless Floridians navigate this process and secure the compensation they deserve.
Injured? Talk to Our Fort Lauderdale Attorneys
If you’ve been hurt in an accident and are wondering whether you have a personal injury claim, don’t wait. Contact Ginnis, Krathen, & Zelnick today for a free consultation. Our team is here to guide you every step of the way.
Schedule your free consultation now.