What Happens During A Personal Injury Case In The State Of Florida?
Most car accidents in Florida are simple fender benders. They may rattle you and cause a little property damage, but the parties get to walk away. However, when an auto accident is really bad, it can cause serious injury. These injuries cost a lot of money and can place the victim in a difficult financial position. In these cases, in order to get compensation for the injuries, they will have to file a claim. Unfortunately, insurance companies are in the business of making money and will often go out of their way to avoid paying a fair claim. If this happens, you will have to work with a personal injury attorney to help secure your rights. Here is the process.
The Initial Consultation
The initial consultation with an attorney usually happens after the victim has already sought medical attention. In most cases, it is when the insurance companies are being unfair and infringing on the rights of the victim. After the victim has done some due diligence and found a qualified attorney, they will start with an initial consultation. The initial consultation is the big picture view of what happened during the accident. At this meeting, the victim will detail the accident and the damages including injuries and property damage to their vehicle. The victim may also provide the attorney with all documentation of the accident and injuries at this point.
The Attorney Investigates
Once the auto accident attorney understands the circumstances, they will begin investigating the case. They will look at everything from your medical records to the police reports to reviewing any pictures or video footage of the accident. During this time your attorney may ask you a lot of questions. They’ll also gather anything the insurance companies have collected and handle all communication. This is one of the most lengthy processes of the personal injury process, but it is important to ensure that the narrative is backed by lots of evidence. Finally, they’ll review some of the laws surrounding cases like yours to build a legal framework for your right to damages.
The Demand And Negotiation
Once the investigation is complete, the attorney will determine the demand. The demand will include the value of all the damages the victim incurred during the accident. They will typically include all the damages like medical bills, lost wages and benefits, and even non-economic damages like pain and suffering. They will then demand the full value of the compensation from the insurance companies. If the insurance company accepts, the value is paid and the case is closed. However, that is rare. In most cases the insurance companies will come back with a lower offer as a cost savings measure. The attorney will start the negotiations and they will try to reach a settlement that is acceptable for all parties. If they do, the case will close. If not, a lawsuit will be filed.
If you have to file a lawsuit for your personal injury claim, there are a couple of steps that will happen:
● The attorney will file all the necessary paperwork with the Florida courts to begin the litigation process.
● There will be a discovery phase where all parties will gather evidence and investigate the case further. This is the period that takes the longest.
● Before heading to trial, there may be a negotiation and mediation to attempt to find a fair settlement before heading to trial. In most cases, this is where the claim is resolved.
● If there is no resolution, the case will move to the court system where it will be presented at trial in a civil court.
It’s rare that accident cases go to court. However, it’s very important to ensure that when you hire an accident attorney, you hire one with trial experience in case it does go to court.
In the state of Florida, the personal injury claims process is very complex. It requires a lot of legal knowledge, documentation, and negotiation. It is important that you have a qualified attorney by your side through the whole process. The team at JusticePays.com can help. We’ve helped over 10,000 personal injury victims in Florida recover over $500 million in settlements. We have fought for their rights all the way to court. We can fight for you.