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What are the steps to filing a personal injury lawsuit in Florida

What Are the Steps to Filing a Personal Injury Lawsuit in Florida?

what are the steps to filing a personal injury lawsuit in florida

If you were injured in an accident that was caused by the negligence of another, you must pursue compensation to cover the cost of your medical bills, lost wages, property damage, and other losses. In most cases, compensation will be pursued first by filing an insurance claim. However, if settlement negotiations are unsuccessful, a personal injury lawyer can help you file a lawsuit and can represent you in court before a judge and jury.

How Long Does a Personal Injury Lawsuit Take?

Every personal injury lawsuit is unique, so it’s difficult to provide an average time frame for a trial. In some cases, a lawsuit can take several months or several years.

What Are the Stages Of Filing a Personal Injury Claim?

After an accident, a personal injury lawyer will file a claim. The claims process is as follows:

Investigation and Evidence Gathering

When you hire a personal injury lawyer, they will handle every aspect of your claim, including investigating the accident and gathering evidence. Evidence can include photos of the accident scene, your injuries, medical records, the police report, and vehicle repair estimates.

Depending on the circumstances of your case, your personal injury lawyer may consult with experts and interview witnesses, to support your claim.

Sending a Demand Letter and Settlement Negotiations

Once your personal injury attorney has conducted an investigation and assessed your damages, they will send a demand letter to the insurance company requesting payment. A demand letter can include details of your accident and information and evidence discovered during the investigation to support your claim.

The claims adjuster may reject, negotiate, or accept the terms of the demand letter. If the claims adjuster accepts, they’ll pay the requested compensation and your personal injury lawyer will work tirelessly to bring your case to a close.

In most cases, the claims adjuster will want to negotiate. Settlement negotiations will allow the case to be negotiated outside of court. However, if both parties cannot agree on a settlement amount, your attorney may advise you to file a personal injury lawsuit. Your attorney will only recommend filing a lawsuit if they believe you stand a better chance of recovering the compensation you deserve in court.

Discovery

Going to a trial can be a long process, often lasting several months or years. Before the trial begins, the process starts with the discovery phase, where each side will be required to share evidence and the witnesses they plan to present. Once this stage has been completed it will often go to mediation.

Mediation

During mediation, a mediator will try to help both parties reach a settlement agreement. If mediation is not successful, the case will proceed to trial.

Trial

During the trial, each side presents their witnesses and evidence and a jury will determine how much compensation should be awarded, if any.

Judgment

Once the judgment has been reached, the party that loses their case may want to appeal. If an appeal isn’t filed or the judgment has been upheld on appeal, the case will move to the final stage.

Award

Once compensation has been awarded by the jury, your attorney will receive a check and will deduct the costs for any liens, medical bills, and legal fees, and will disburse the remaining funds to you.

Contact Us Today

If you were involved in an accident that was caused by the negligence of another, you must contact a personal injury lawyer as soon as possible. At Friedland & Associates, we can help you pursue compensation, whether it’s filing a claim or representing you in court. Our dedicated legal team will go above and beyond to help you recover the compensation you deserve for an accident that was not your fault.

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