Understanding the difference between a personal injury claim and a lawsuit is important if you or a loved one have been injured. Both may be a source of compensation if someone is responsible, but they differ in many ways.
An Orlando personal injury attorney can help you determine which is right for you and help you pursue compensation for your injuries.
What Are Personal Injury Claims in Orlando, FL?
A personal injury claim is a request for compensation typically made to an insurance company. This may be an automobile policy, commercial general liability policy, or other form of insurance.
Claims are typically the first step in seeking damages for an injury.
Filing a Personal Injury Claim
Filing a claim begins with notifying the at-fault party’s insurance company of your intent to seek compensation. This typically involves sending a demand letter explaining your accident, injuries, financial losses, and theory of liability.
You may include copies of supporting documentation, such as photographs, accident reports, medical bills, and lost wage statements. This can help substantiate your claim.
The insurance company will assign an adjuster to investigate your claim after receiving the demand. This may involve reviewing your records, interviewing witnesses, or assessing the accident scene. The insurer will determine whether to accept or deny the claim and, if accepted, propose a settlement amount to compensate you.
Settlement Offers
Settlement offers are proposed compensation to resolve your personal injury claim without going to court. An insurer may offer less than what you believe is fair, so negotiations are common.
An Orlando personal injury lawyer can evaluate any settlement offer on your behalf and help you determine whether it adequately compensates you for your current and future expenses.
You may need to negotiate back and forth for fair compensation. If you cannot reach an agreement or the insurer denies liability for the accident, you may need to consider filing a personal injury lawsuit.
What Are Personal Injury Lawsuits in Orlando, FL?
A personal injury lawsuit is a formal legal action. It is typically taken when a fair settlement cannot be reached through the claims process, or insurers have denied liability.
Pursuing a lawsuit requires filing a complaint in court and proceeding through different legal processes such as discovery, pre-trial motions, and a trial.
Filing a Personal Injury Lawsuit
You must file a complaint with the appropriate court to start a personal injury lawsuit. The complaint outlines your allegations against the party allegedly responsible for your injuries and damages. It should include an explanation of your accident, your injuries, and the compensation you seek.
Filing a lawsuit typically requires paying a filing fee. Many Orlando personal injury lawyers will agree to take personal injury cases on a flat fee basis.
Litigation and Discovery
The litigation process begins once the complaint is filed and the other party files a response, known as an answer. This stage includes discovery, where parties exchange information and gather evidence to build their cases using written questions, requests for documents and depositions, or recorded interviews under oath.
The goal of discovery is to uncover all relevant facts and evidence. It can also help clarify the issues and prepare the parties for trial.
Trial
Personal injury lawsuits that do not settle during litigation will proceed to trial. The parties will present their evidence and arguments to a judge or jury, who will then determine the outcome of your case.
The trial typically includes opening statements, witness testimony, cross-examinations, and closing arguments. You may be asked to testify about the impact of your injury and losses.
Trials can be complex and time-consuming, but having an Orlando personal injury lawyer can help. They can advocate on your behalf and fight to win a favorable verdict.
What Does An Orlando Personal Injury Lawyer Do?
An Orlando personal injury lawyer represents the injured in their fight for compensation. They provide valuable assistance throughout the process of pursuing a personal injury claim or lawsuit.
Some of what a personal injury lawyer does is:
- Investigate your case: Gather evidence, interview witnesses, and review your medical records to build a strong case.
- Negotiate with insurers: Handle communications and negotiations with insurance companies to maximize a fair settlement.
- File claims and lawsuits legal documents: Prepare demand letters and file insurance claims or lawsuits for compensation.
- Represent you in court: Advocate on your behalf during the trial and present evidence and arguments.
- Provide legal advice: Offer guidance and support throughout the legal process, helping you make informed decisions about your case and evaluate potential settlement offers.
An Orlando personal injury lawyer can discuss what they will bring to your case during an initial consultation. Schedule yours today.
Contact an Orlando Personal Injury Lawyer for Help With a Claim or Lawsuit
If you or a loved one has been injured in Orlando, navigating the legal process can be overwhelming. Contact the experienced lawyers at Norden Leacox Accident & Injury Law right away. They can guide you through pursuing a personal injury claim or lawsuit, call us today at (407)-801-3000.