Written By Randall L. Spivey
Personal injury claims may happen only once in a lifetime. Therefore, many do not have any idea how a personal injury claim will proceed, what compensation they may be entitled to, or how long it will take to get compensation. Whether an accident is a slip and fall accident or any other accident, such as a vehicle accident with soft tissue damage or traumatic brain injuries (TBIs), most claims follow the steps below.
1. Florida Personal Injury Attorney Consultation: After seeking medical attention, if you were injured because of the negligence of another, immediately seek a consultation with a board-certified Florida personal injury attorney. Spivey Law Firm, Personal Injury Attorneys, P.A. will discuss:
a. Accident’s Cause: Pictures of the accident scene along with any police report will be needed. We can assist you in obtaining the police report, if you do not have one, and also in the investigation of the scene.
b. Medical Bills: You will need a medical diagnosis, incurred medical bills for treatment, hospitalization, prescriptions, and/or physical therapy. You may also face ongoing medical treatment sometimes lasting a lifetime.
c. Limitations Caused by the Injuries: To create a calculation of pain and suffering and lost wages, your Florida personal injury team will need information on how the accident has limited your lifestyle, including the ability to work and enjoy hobbies and social life.
2. Accident Investigation: We will need to accurately assess who may be responsible for the accident. We will collect information from witnesses before memories fade and stories change. We will check any traffic or security video footage from nearby businesses. We may also consult with expert witnesses to recreate an accident and/or give expert testimony.
3. File a Demand for Compensation: The next step is to file a demand for compensation with the responsible insurance companies. With multiple factors, we may issue a separate claim for each responsible party. A claims package includes details of your injuries and what compensation you are expecting. This package will be a comprehensive accounting of the claim.
4. Negotiation: Insurance companies will reply with a settlement offer. This sometimes happens even before you have time to discuss your claim with an attorney. This offer should never be accepted without the consultation of your attorney. Your attorney will handle the negotiations and may go back and forth several times to reach an agreement. Should an agreement be reached, the claims process stops, and you receive compensation for your injuries. Your agreement typically releases the insurance company from further liability.
5. Creating a Court Case: The overwhelming majority of cases are successfully settled without a jury trial. If you cannot reach an agreement, a court case will be created which includes several phases:
a. Discovery: During this phase, both the insurance company and your attorney can gather more information about your claim and the accident.
b. Mediation: Sometimes the mediation phase can help resolve any issues between you and the insurance company to reach a financial agreement. Mediators encourage a resolution to avoid court cases.
c. Florida Personal Injury Trial: In a trial, your attorney takes your claim directly to a judge, or for very serious injuries, there may be a jury trial. After hearing both sides, either the judge or the jury will issue a final ruling.
d. Appeals: If you believe the resolution of the trial did not meet what you feel you deserve for your injuries, your attorney can appeal the verdict. Insurance companies may also file an appeal.
Florida law allows up to four years from the date of an injury to file a negligence claim. However, there are exceptions. It is very important to have us review your case as soon as possible to properly establish the date from which the statute will begin to run to meet deadlines.