When you have been injured, and are unfamiliar with the personal injury lawsuit process, it can be difficult to navigate. Our attorneys in Jacksonville, Florida, and nearby cities can explain to you everything about what is happening with your case.
Our comprehensive guide will help you to understand the personal injury process.
Hire an Experienced Personal Injury Attorney
An injury lawyer who is well-versed in the process of personal injury claims will be your best ally. Insurance companies are quick to protect their interests. Insurance companies try to minimize or avoid compensation. You will likely be contacted by the insurance company of the responsible party within a few days after your accident. They will likely try to minimize your injuries to get you to accept fault.
Here at Jenkins Law, our personal injury lawyers all over Florida can help you deal with insurance companies and provide advice on how to best protect your claim. You will be able to protect your claim more effectively if you hire an attorney as soon as possible.
Completing Your Medical Treatment
Medical records are often the only documents that prove your injuries, and they are also necessary for calculating your case value. Insurance companies can minimize your injuries if you fail to attend appointments, delay treatment, or do not have a complete treatment. You won’t have the documentation to prove that you are in severe pain or disfigurement. To protect your claim, do the following:
- All symptoms should be reported to your doctor.
- If your symptoms worsen, tell your doctor.
- Attend all therapy and appointment sessions.
Filing an Insurance Claim
You must first file a claim at the insurance company of the party responsible before filing a suit. You must claim your own insurance company under your no-fault coverage if you have been injured in a car accident. This is true regardless of the person at fault. You can claim compensation under the liability insurance of the other driver if you sustained serious injuries.
A lawyer can help you navigate the personal injury lawsuit process by determining the responsible party for your injury and identifying what insurance claims to file. In some cases, your attorney may be able to identify more than one party liable. Your attorney will send an official letter to the insurance company informing them that you are represented by an attorney. The letter informs the insurance company they should contact your lawyer instead of you.
Gather All Pieces of Evidence
You will need to provide evidence as the plaintiff to show that the defendant was responsible for your injuries or caused them. Personal injury claims may require evidence of the following, and others depending on the accident type:
- Eyewitness accounts
- Video Footage
- Photos of the scene
- Forensic evidence
- Inspection Records
- Driver logs
- Toxicology reports
- Medical Records
- Defective product information.
- Expert Witness Testimony
You should inform your lawyer as soon as you can if you have taken pictures of the accident site, exchanged information with witnesses, or collected any other relevant information.
Negotiate the Settlement
Settlement negotiations can begin as soon as a few days after your accident. They may continue through your personal injury lawsuit until you receive a verdict or reach an agreement. You should not accept a settlement too early. You need time to understand the full costs of your injury over your lifetime. If you accept a settlement offer too early, you might discover that it will cost you more than you expected.
Our attorneys have helped thousands of people who have suffered devastating accidents. We know you want money now and we are here to guide you through the personal injury lawsuit process and the available options. We are often surprised to find that our clients have insurance policies such as umbrella policies and employer-based disability benefits.
Filing a Lawsuit
You can file a lawsuit if the insurance companies or liable parties do not pay you the full amount of your claim and you cannot reach an agreement within a reasonable period. It’s important to not wait too long before filing a lawsuit. Florida personal injury statutes of limitation require that most lawsuits be filed within 2 years of the incident.
A process server will personally deliver a copy to the defendants after you have filed your lawsuit. The defendants have generally 20 days to respond after service. In their answer, defendants typically deny liability for your injuries. Settlement negotiations usually continue after a trial date is set.
Before filing a lawsuit, you must conduct a thorough investigation of the case. The defendants are entitled to see your evidence once you have filed your lawsuit. The evidence must be strong enough to convince the jury that the defendants are liable or to persuade them to settle.
Completing the Discovery Process
During discovery, both parties to a lawsuit will exchange information. You can force the defendants into providing certain types of evidence to prove your case.
- Recall information for products
- Safety inspection records
- Logs of drivers involved in large truck accidents
- Toxicology reports for automobile accidents
- You may also provide any other relevant evidence to support your claim.
You may also be required to give access to certain information such as medical records.
After completing discovery, settlement negotiations can be more effective if your evidence is solid. Insurance companies are aware of a strong case and know that losing a court case can cost them much more than the settlement they offer. Most will settle after they have seen your evidence.
What to Expect at a Deposition
You can schedule a deposition at any point during the discovery phase. In a deposition, the defendants may ask you questions regarding your claim, in front of your lawyer and a court reporter. The deposition may be informal, but your testimony can be used to hurt you at trial.
You don’t have to be afraid of a deposition. Your attorney will prepare and assist you so that you can confidently testify.
Summing Up!
Speak to our attorneys if you have been injured by someone else’s negligence. During a confidential, free case evaluation, we can give you more information about the personal injury lawsuit process.
Don’t hesitate to reach out—your recovery and peace of mind are our top priorities. Contact our office today to schedule your free case evaluation and take the first step toward justice and healing. Let us help you understand how Jenkins Law could support you and your loved ones during this challenging time.
