After you have been injured, you are worried about your health, job, and future. You may not be thinking about filing a personal injury claim right away. But after things settle down, you may wonder if you can gain any compensation for your expenses, lost wages, and future losses. However, given everything you have experienced, taking on a legal process may seem overwhelming. In order to feel more comfortable with asserting your rights, it helps to understand the steps involved in the personal injury process.

This article lays out the steps a personal injury attorney will take to help you get the compensation you deserve.

When an accident or injury occurs, you’ll first want to ensure that your medical needs are being attended to. If you are alert and aware at the scene, ask someone to take photos of the scene for you, speak with the responding officers, and collect any information you can from witnesses. Very often, after an accident, adrenaline is running high. The adrenaline rush can mask pain and make you think you are not injured. Still, it is vital to allow the emergency personnel to examine you and extend medical treatment.

Symptoms of concussions and whiplash, in particular, can manifest days or even weeks after an incident. This is why every person who has experienced a work accident, car accident, or slip and fall should see a physician within a few days of the incident. If you decide to file a personal injury claim later, these records will help to prove your injury.

Personal Injury Process Step by Step

Consult with and hire a personal injury attorney. If you are unsure if you have a case, schedule a consultation with a personal injury attorney. They will tell you whether or not you have a case. You shouldn’t consider it “too early” to speak to a lawyer. If the attorney believes you have a claim, they can provide invaluable assistance with everything from collecting all the needed evidence to negotiating with your insurance company. While you may be tempted to go it alone, a study conducted by the Insurance Research Council reported that those who hire an attorney in a personal injury case receive 3.5 times larger settlements than those who settle on their own.
Collect medical records and investigate the claim. Your attorney will conduct an in-depth interview with you that will cover your background, any medical conditions you had before and after the incident, how the accident happened, and the medical treatments you had received. You may be surprised at the nature of some of the questions, but every question has a purpose. It is essential to be completely honest with your attorney, so they are not surprised down the road. You will have to give your attorney access to your complete medical records, as your past and present medical history will be pertinent to the case. In addition to medical records, they will collect your bills, treatment recommendations, and medications you are taking.
File a Claim. Most personal injury cases are settled out of court, which may or may not be a good thing. If you negotiate and settle with an insurance company, that’s fine as long as your attorney is committed to getting you the highest possible compensation relative to your case. An experienced attorney will understand the value of your case and negotiate with the insurance company on your behalf. A demand letter to the insurance company outlines a theory of liability (who is at fault), your injuries, and the dollar amount you are demanding in compensation. When an offer is made, your attorney will discuss the benefits or drawbacks of accepting their offer. You will often make a counteroffer and try to get a higher settlement account. If you cannot reach an acceptable settlement, your attorney will explain the benefits of settling over moving on to a lawsuit.
File a lawsuit if a settlement fails. If negotiation with the insurance company is unsuccessful, the next step is to file a lawsuit. Under the Florida Statutes, an individual must file a personal injury lawsuit within four years of the injury or accident. Lawsuits are not always the best way to go, but sometimes necessary to get the compensation you deserve. Insurance companies may feel more compelled to offer a fair settlement once a lawsuit has been filed. At this point, litigation has begun, and your attorney will begin negotiating with the insurance company’s lawyers, not the company itself. The average personal injury litigation phase in the state of Florida is 18 months.
Begin the discovery phase. The discovery process involves both parties investigating all legal claims and defenses. After interrogatory documents, the next step in discovery involves depositions. In most cases, the defendant will request a deposition from the plaintiff after receiving initial responses. The defendant is permitted to subpoena both your past and current medical records before deposing you.A deposition is a testimony provided under oath in the presence of a court reporter. A defense attorney will ask you questions that reflect the information from the interrogatories with specific and more detailed questions based on your responses. Depositions will also be garnered from experts such as accident reconstructionists or engineers.
Mediation or arbitration will be conducted. When information from discovery has been collected and recorded, the attorneys from both sides will typically attempt a settlement once again. If the lawyers cannot come to a settlement on their own, mediation is the next step. In mediation, clients and attorneys consult with a mediator to assist in reaching a mutually beneficial settlement. Florida Courts require the parties to mediate a case before permitting the case to proceed to trial. The mediator is a neutral third party with no interest in the outcome of the case. The mediator is not a decision-maker but only facilitates negotiations. The second kind of alternative dispute resolution is known as arbitration. In arbitration, a hearing is conducted between the two parties and judged by a neutral third party. Contrary to mediation, the decision of the arbitrator is final.
If necessary, go to trial. If the parties fail to reach a settlement utilizing all the above methods, the case will go to trial. Personal injury cases can be in court anywhere from mere hours to many months. In court, all the discovery information, such as physical evidence, depositions, and witness testimonies, will be presented to a jury for a final settlement decision.

Of course, every case is different. The experienced team of personal injury attorneys of Probinsky & Cole is here to help you understand the entire timeline of your specific personal injury claim, from start to finish. If you have been injured and have questions, call us today. We have offices in Tampa, Sarasota, and Orlando.