After suffering an injury, victims may be concerned about their long-term health, their career, and their future. Filing a personal injury claim may not be top of mind, but understanding the general process can help victims get reimbursed for lost wages and medical expenses. Stepping into a personal injury case may seem overwhelming, so this article outlines the steps a personal injury attorney will take to help victims receive deserved compensation.

First and Foremost: When an injury occurs, medical needs should take precedence. It is important to understand that adrenalin can mask symptoms of injury initially, but symptoms of concussions and whiplash, in particular, can appear days or even weeks after an accident. This is why every individual who has experienced a work injury, car accident, or slip and fall should see a doctor as soon as possible. The timely records will help to prove an injury should it ever become necessary.

The Personal Injury Process Explained

Consult with and hire a personal injury attorney. If you are uncertain if your case has merit, schedule a consultation with a personal injury attorney. There is no such concept as “too soon” to speak to an attorney. If they believe you have a valid claim, they offer invaluable expertise – from gathering required evidence to negotiating payouts with the insurance company. Did You Know? Insurance Research Council research revealed that those who hire a personal injury attorney receive settlements 3.5 times more lucrative than those who pursue settlements on their own.
Keep medical records and investigate the claim. Your attorney will conduct a comprehensive interview to document the client’s background, medical issues before and after the accident, the details of the accident, and the medical treatments to date. It is vital to be completely transparent with the attorney, including access to your medical records, treatment recommendations, and current medications.
File a Claim. The majority of personal injury cases are settled out of court. An experienced attorney will negotiate a fair settlement with the insurance company on their client’s behalf. Following a compensation demand letter, an offer is made by the insurance company. The attorney will discuss the benefits or pitfalls of accepting the initial offer and may recommend a counteroffer. If an acceptable settlement cannot be agreed upon, the attorney will explain the pros and cons of settlements and lawsuits.
File a lawsuit and initiate discovery: If no settlement can be made with the insurance company, it may be necessary to file a lawsuit. Florida Statutes recently changed the statutes of limitation to 2 years regarding many injuries or accidents. Insurance companies may be more motivated to offer an acceptable settlement once a lawsuit has been filed with the court. If the case proceeds, a defense attorney will begin by asking questions regarding the information from the interrogatories, and depositions will also be collected from all relevant parties as well as expert witnesses.
Mediation or arbitration takes place. When discovery documents have been received and recorded, attorneys from both sides will generally try to reach a settlement once again. If this move is unsuccessful, mediation is the next step in the process. During mediation, clients and attorneys work with a mediator to reach a mutually beneficial settlement. Florida Courts require the parties to mediate a case before permitting the case to proceed to trial. Arbitration is another option. In arbitration, a hearing between the two parties is held, and their positions are judged by a neutral third party who renders a final decision.
Proceed to trial. If all parties to the case fail to reach an agreement by any other method, the case will proceed to trial. Personal injury cases may be resolved in hours or may take 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.