If someone else’s negligent action injures you or a loved one, you may be entitled to seek compensation for your injuries. Whether you are hurt in an automobile accident, slip and fall accident, or by medical malpractice, the law seeks to hold negligent actors accountable. The fact is, you shouldn’t have to pay for injuries that are caused by someone else acting carelessly.
Still, some people are hesitant to pursue compensation after they are injured because they fear the legal process. The legal system can be completely overwhelming to anyone who has never been previously exposed to it. However, the more you learn about the legal system, the more comfortable you will be.
A personal injury case proceeds through a formulaic timeline. While every case may be slightly different, the process for handling civil cases remains largely the same. The process is outlined below to give you a basic understanding of how a personal injury case is handled.
Step One: The Accident
You can be a careful and cautious person and still fall victim to an accident. No matter how careful you are, sometimes careless people can cause you harm. When you are injured by a negligent person, you should first ensure that you seek appropriate medical attention, if necessary. If your injuries are non-emergent, you can begin to gather evidence.
Remember to stay calm when you gather evidence and document the accident. It is important to take photographs, gather witness contact information, and collect receipts so you have evidence to substantiate your claims. You want to save anything that might be important for your future personal injury case.
Make sure to collect insurance information from any at-fault driver or contact information from any property owner. You should also take notes about the road conditions, weather conditions, or any signage nearby.
Nobody wants to fall victim to an accident. It is even worse to be injured in an accident but be unable to prove that someone else is responsible. Don’t be unprepared. If you were injured in a car accident, make sure to contact law enforcement. If you were injured in a slip-and-fall accident, make sure to notify the property owner.
Step Two: Get Medical Attention
It may seem obvious, but if you suffer emergent injuries in an accident, you should seek medical attention. Some injuries do not manifest until hours after an accident. These hidden or latent injuries should still be evaluated by medical professionals. Seek appropriate treatment as soon as possible.
Accident-related injuries can vary in severity and may include:
- Spinal cord injuries
- Brain Injury
- Broken Bones
- Nerve Damage
- Joint Damage
- Bruising or Lacerations
- Paralysis
A medical professional will take notes and evaluate the scope and severity of your damages. These medical notes can play an important role in your insurance claim or lawsuit.
Step Three: Reach out to a Personal Injury Lawyer
It is always prudent to reach out to an experienced personal injury lawyer as soon as possible after an accident. There are several important reasons for this.
First, a legal advisor can help you deal with the at-fault party’s insurance company. You do not need to provide any written or oral statement to an insurance company without first consulting with your attorney. Remember, insurance companies might try to use your own words against you. Work with a lawyer to protect yourself.
Next, an experienced injury lawyer can direct you to trusted healthcare professionals to help address your injuries. There are healthcare professionals who understand how important it is for injuries to be causally related to an underlying accident. If your treating physician doesn’t understand how to connect your injury with the accident that caused it, then it could jeopardize your case. Work with a personal injury lawyer to identify the best healthcare professional for your injuries.
Finally, a personal injury lawyer can help you identify the types of evidence that will be important for proving your case. In a slip-and-fall accident, it may be important to identify the landowner and the appropriate legal duty of care. In a bicycle accident case, it may be important to track down surveillance footage of the accident scene. In a pedestrian accident, it may be crucial to track down eyewitnesses who can testify that you were in a crosswalk when you were struck by a car.
No matter the type of case, a personal injury attorney can help you focus on the most important issues.
Step Four: Submit an Insurance Claim or Settlement Demand
In many cases, you can resolve your entire personal injury claim without ever filing a lawsuit. This can save you tons of time. Sometimes, insurance companies will accept responsibility for an accident and tender a reasonable settlement amount. In other cases, you will want to work with an attorney to make sure that you are receiving a fair settlement.
When you file a claim with a negligent party’s insurance company, your claim will be assigned to an insurance claims adjuster. This person will investigate your claim and attempt to negotiate a settlement. Remember, insurance companies have a strong incentive to offer as little as possible to resolve your claim. If you are trying to work with an insurance company without hiring an attorney, the insurance company may take advantage of you.
Working with an experienced personal injury lawyer can also help you accurately determine the value of your case. There are a number of factors that play a role in your overall case value, including the severity of your injuries, the impact of the injuries on your life, your ability to work, etc. The insurance company may not take all these factors into account when evaluating your claim. It is recommended that you always consult with an attorney before accepting a settlement from an insurer.
Step Five: Filing a Complaint
When settlement negotiations prove unsuccessful, you may be forced to file a lawsuit to recover fair compensation. In Florida, a personal injury lawsuit based on a general negligence theory is subject to a two-year statute of limitations. This means you must file your lawsuit within two years of the accident date, or you could lose the right to sue altogether.
Once your complaint is filed and the defendant has answered, you will engage in a process called discovery. Discovery allows you and your attorney to gather all relevant evidence to support your case. You can also depose key witnesses and request documents from the defense.
Once the discovery period ends, you may attempt to settle your personal injury lawsuit at a settlement conference or mediation.
If the case still isn’t resolved, you and your attorney will take your case all the way to trial. At trial, you will present your case and legal arguments to a judge and jury. At the conclusion of the trial, if you have proven your case by a preponderance of the evidence, the jury will award you damages.
Call Our Firm Today for a Free Consultation
When you are hurt by the negligence of another, the law allows you to seek financial compensation for your damages. You shouldn’t have to pay for injuries caused by someone else.
At Norden Leacox Accident & Injury Law, we treat every client with the respect and dignity they deserve. Reach out today for a free case consultation at (407) 801-3000 and learn how we can guide you through a personal injury claim. With 75 years of combined experience, we are a trusted legal resource for anyone injured in an unexpected accident.