HOW DO PERSONAL INJURY MATTERS PROCEED?
In Florida personal injury cases, injured clients are often thrown into a barrage of confusing tasks. Many have never had to deal with the complexities of the legal system before, and those who are expecting quick and fair resolutions to their case–are often disappointed.
There are many different procedural steps that must be taken before injury clients can receive a settlement, and preparing yourself for the process ahead of time can alleviate some of the frustration of trying to settle a personal injury case.
After you hire an attorney, the first thing he or she will do is notify your insurance company and the person you are suing (the defendant) that you are now being represented by counsel. Then your attorney starts gathering evidence on your behalf and shows you how to preserve any evidence you receive while you are undergoing medical treatment. Your attorney takes a detailed account of your story, talks to any witnesses, and reviews all necessary documentation—such as accident and medical records—in order to determine the settlement value of your claim. Your attorney will then send a demand letter to the defendant’s insurance carrier, explaining the extent of your injuries, how much they have and will cost, and why you are entitled to payment. If the defendant refuses to pay, your attorney will usually then file a lawsuit.
Although every case is different, most injury cases progress through these steps:
- Filing suit. The lawsuit begins with the filing of a Complaint, and an official notice of legal action sent to the defendant. The Defendant then files a response to the lawsuit called an Answer. If the Defendant believes your case is not valid or properly pleaded, the Defendant may also file a Motion To Dismiss, which asks the court to dismiss your case completely—or, to require that you amend the Complaint within a short period of time..
- Discovery. After the Complaint and Answer have been filed, both parties begin the process of Discovery. During Discovery, both parties may ask questions and seek information from each other and from witnesses, allowing them to get a sense of what really happened and identify any weaknesses in the stories of both parties. Your attorney protects you during Discovery by objecting to questions that are not permissible and filing motions to get other parties to answer questions if they refuse.
- Depositions. A Deposition is a detailed question-and-answer session given under oath with both attorneys present. It usually takes place in a lawyer’s office and is transcribed by a court reporter for later use in court. The opposition’s attorney asks you questions, and your attorney deposes the Defendant. Depositions can greatly impact your settlement, as they allow both parties to see how each witness performs under questioning and which pieces of testimony would impact a jury.
- Expert witnesses. If the defendant denies liability for the accident or protests the number of damages claimed, it may be necessary to retain an expert witness. Medical experts may be asked their professional opinions on the limitations of an
injury, their seriousness of them, and their permanency; an accident reconstruction expert might explain the cause and effect of an automobile collision case. - Settlement negotiation. Throughout the entire process of the suit, your attorney and the Defendant’s attorney may discuss settlement offers. If you take the settlement offer, the case is over and you receive payment. If you do not accept
their offer, the case goes onward to a trial. Beware, one must always consider what additional money you might gain, versus the additional costs that it takes to get there and what the net result will be. - Trial. A trial may take anywhere from a few weeks to several months, depending on the complexity of your case and the judge’s schedule. So, one must consider all of these factors at each and every step of the way.
