Experiencing a catastrophic personal injury is upsetting and a huge setback for you and your loved ones. It’s your right to file for a personal injury lawsuit right away to receive compensation for your emotional and financial losses. Though, the claims can take an extensive period to be sorted out. With several complexities and statutes of limitations to consider, it’s always safer to have professional personal injury lawyers support you.
Before filing a personal injury claim, you must also understand the basics of the whole procedure. Therefore, this guide is the perfect place to start your lawsuit journey. Below is a quick guide to explain the process and other essential pointers you must know for your personal injury lawsuit process in Florida.
Personal injury cases include two parties- the plaintiff and the defendant. The plaintiff (victim) sues the defendant for the accident or injury they caused. The defendant is responsible for catering to the plaintiff’s medical, financial, and emotional sufferings.
The claim procedure begins when the plaintiff files for a lawsuit and goes on till negotiations or final hearings from the court.
In Florida, you can file a claim against your personal injury within four years of the accident. The time limit is reduced to three if your lawsuit is against the government.
Moreover, because Florida is a no-fault state, you can only take your case to court if you undergo a catastrophic personal injury. So, you must hire a well-experienced personal injury lawyer to handle every technicality of your lawsuit.
After hiring the lawyer, you must inform your defendant’s insurance company about the claim you’re filling. You must end the demand letter to the insurance company, including the evidence of your injuries. The insurance firm has 30 days to settle your case after reviewing your medical records and other expenses like lost wages.
If you miss this step, you may have to use your Personal Injury Protection Insurance to cover $10,000 of your expenses. In addition, you can file a complaint against the insurance firm if it doesn’t accept your Demand Letter.
If your negotiations fail, you can sue the defendant. The procedure starts when you go through pre-trial hearings and a discovery period. During this period, the lawyers of both sides must utilize their time to gather data for the trial. They find witnesses, proof of negligence like paperwork and images (in case of plaintiff’s lawyer), police records, etc.
While the plaintiff’s lawyer tries to gather as much evidence to prove the defendant guilty, the defendant’s lawyer works to reduce the compensation amount, if not remove the responsibility altogether.
Your trials don’t start till your medical treatment is finished. So, it’s always better to wait till you are completely healed- that way, you can present every expense as your demand for your compensation.
The chances of taking your personal injury claim to trial are only 5%. But if every attempt at mediation fails, trials are your last resort. Here, the lawyers of both parties put forward their evidence, representing their clients in front of a judge. After extensive argument sessions from each side, it is now up to the court to make the final verdict.
If the court’s decision is in your favor (i.e., plaintiff), you go through a formal settlement process. It’s slightly lengthy but ensures that the defendant pays you whatever was decided by the court within 21 days.
As mentioned above, 95% of the personal injury cases are settled outside the court as informal settlements. In such cases, you can receive your compensation in monetary form within 14 days.
Having the best lawyer to guide you with your personal injury lawsuit is a massive help. Law firms with vast experience in such claims can speed up your process and ensure optimal and favorable results.
Have you or your loved ones been in a catastrophic personal injury and are searching for professional personal injury lawyers? If you’re a local of Boca Raton, here’s a credible suggestion for you. The experts at Bernstein|Polsky deal with streamlining your personal injury claim process and strive to help you receive the maximum compensation.
You can schedule your appointment by calling 954-997-9947 or emailing your queries at email@example.com. You can also reach out to the law firm by submitting your message and contact details online or heading to their facility. Their office is located at 95 South Federal Highway, Suite 200, Boca Raton, Florida, 33432.
For further details about their services, click on their website and start your personal injury claim process immediately!