As already seen in Florida personal injury clients are often thrown to the deep end of the pool on their injuries. Most have not had any previous experience in regarding experience with the legal process, and those who are optimistic for fast and fair judgments for their case, they are let down. Injury clients have to go through so many procedural steps just to obtain their settlement to prevent frustration, prepare yourself for these next steps of how to go about in trying to solve a personal injury case.
Timeframe of a Traditional Florida Personal Injury Case
The first thing that an attorney will do after being hired will be to inform both your insurance company and the person you are suing – the defendant that you are now legally represented. Next, your attorney collects evidence on your case and explain how to handle any evidence that comes your way while you’re seeking medical attention. Your attorney allows you to relate your side of the story to them, speak to any witnesses you can find and analyze all relevant paperwork such as the accident report and your medical records to arrive at a suitable figure to award on your claim. Your attorney will then write a demand letter to the defendant, detailing the severity of the injury, the amount it has put them back and why they should pay. In the event that the defendant refuses to pay your attorney will have to sue. Although every case is different, most injury cases progress through these steps:
- Filing Suit. Litigation starts with the servicing of the ‘pleadings’, however, the initial process of legal proceedings may be served to the defendant in the form of a “complaint”. The defendant also responds to the lawsuit by filing a procedure known as the ‘answer.’ The defendant may also file a motion asking that your case be dismissed completely if he feels that your case is without merit.
- Discovery. The next step is when both parties take discovery after the complaint and answer have been put in. During discovery, both parties are free to request information from the other side, and from any witnesses the other side may present as well, and as a result, each side gets a general feel of what really went down and the inconsistencies in the narratives that both sides will present. During discovery, your attorney shields you from unlawful questions and also motions the other side to ask questions if they refuse to do so.
- Depositions. Deposition is then more of a tete-a-tete whereby the witness provides an extensive question and answer session whereby they are sworn in. It typically occurs in the lawyer’s office, and an official stenographer records the conversation for use in court. You are asked questions by the attorney representing the opposition, while the defendant is taken through affirmations by your attorney. Depositions are very important in accomplishing settlement as they let both, parties and attorneys, see how each witness performs under cross and direct examination and which parts of the testimony may sway a jury.
- Expert Witnesses. Depending on the case the defendant may deny his negligence in the accident or may reject the damages awarded thus the use of experts. Legal consultants could be requested to present their professions of an injury’s constraints; a car accident reconstruction professional on causal relations in a crash case, etc.
- Settlement Negotiations. Throughout the entire process of the suit, the defendant and the attorney representing you consider offers to settle the suit. If you accept the settlement offer then the case is closed and you are paid. If you don’t accept, then the case proceeds to the trial.
- Trial. A trial can last as short as a week or as long as a few months depending on your case.
So, if you are looking for the professional way to file personal injury claims in Florida to get the maximum compensation then you must consult with an expert lawyer.
