Injury clients in Florida are frequently thrown right into the middle of the personal injury pool. Many people have never dealt with the complexity of the legal system, and they are often disappointed by the results.
Preparing yourself in advance can help reduce frustration. There are many procedural steps before an injured client can receive a settlement.
Settlement of a personal injury claim.
Timeline for a Florida Personal Injury Case
Your attorney will notify your insurer and the defendant (person you are suing) as soon as you hire him or her. Your attorney will then gather evidence for you and show you how to preserve evidence that you receive during your medical treatment. Your attorney will listen to your story in detail, speak with any witnesses, and review all documentation, such as accident reports and health records, before determining the value of your settlement. Your attorney will send the defendant a letter of demand explaining how serious your injuries are, what they cost, and why you deserve payment. Your attorney may file a lawsuit if the defendant refuses payment.
Most injury cases follow the same steps, even though every case is unique.
- Filing a lawsuit. A lawsuit begins when the “complaint” is filed and an official notice of legal actions is sent to the defendant. The defendant will then file an answer to the lawsuit. If he believes that your case is not valid, he can also file a motion to dismiss which asks for the court to dismiss your case.
- The discovery process. Both parties start the discovery process after the complaint and the answer is filed. Both parties can ask each other questions and gather information from witnesses during discovery. This allows them to determine what actually happened and any weaknesses in their stories. Your attorney will protect you by objecting to questions that are not allowed and filing motions if the other party refuses to answer.
- Depositions. A deposition is an in-depth question and answer session conducted under oath, with both attorneys present. The deposition is usually conducted in the office of a lawyer and is then transcribed for use in court by a court reporter. Your attorney will depose the defendant, while your opponent’s lawyer asks you a series of questions. Depositions are important because they can have a significant impact on your settlement. They allow you to observe how witnesses respond under questioning, and what testimony might be persuasive to a jury.
- Expert Witnesses. When the defendant contests liability or disputes the amount of damages it may be necessary for expert witnesses to be called. Expert witnesses may be called to give their professional opinion on the limits of an injury. An accident reconstruction expert could explain the cause and effects of a crash.
- Settlement negotiations. Your attorney and the attorney of the defendant will discuss settlement offers throughout the whole process. You will receive your payment if you accept the settlement offer. If you do not accept the settlement offer, your case will go to trial.
- Trial. Depending on the complexity of your situation, a trial may take a few weeks or several months.
Our Personal Injury Lawyers offer legal services to all injured clients on a contingent fee basis. This allows them to receive the compensation they deserve without paying court costs.
https://wleeclark.com/ is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, defective product lawyer near you, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!