How the Personal Injury Lawsuit Process Works: A Comprehensive Guide

The personal injury lawsuit process in Florida can be overwhelming when you are injured and unfamiliar with how the system works. “An accident may trigger a variety of issues, including police reports, claims for property damage, medical evaluations and bills. It’s enough for your head to spin. We handle everything for you and we are determined to get the compensation that you deserve. We never forget what is important, and that’s how it impacts your life.

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Our Tampa personal injury attorneys and those in Florida will explain to you everything that is happening with your case. Our comprehensive guide will help you to understand the personal injury lawsuit process, even though every case is different.

Step 1: Hire an Experienced Personal Injury Attorney

An experienced injury lawyer will be your best ally in the Personal Injury Lawsuit process. Insurance companies are quick to protect their own interests. Insurance companies try to minimize or avoid compensation. You will most likely be contacted by the insurance company of the responsible party within a few days after your accident. The insurance company will likely try to minimize your injuries to get you to accept fault. Our personal injury attorneys in Tampa and Florida can advise you on how to best protect your claim and deal with the insurer. The earlier you hire an attorney, then the less chance the insurance company has to undercut your claim. We offer a no-obligation initial consultation where you can ask questions and we will review your accident in order to determine if you have grounds for filing a lawsuit. If we accept your case, we will handle all of the steps in a Personal Injury Lawsuit Process so you can focus on your recovery. It’s easy to schedule a consultation. Call our Bonardi & Uzdavinis LLP at 813-540-1919 from anywhere in Florida.  

Step 2: Complete Your Medical Treatment

Medical records play a crucial role in the Personal Injury Lawsuit Process. Medical records are often the only proof of your injuries, and they’re necessary for calculating your case value. Insurance companies can minimize your injuries if you fail to attend appointments, delay treatment or do not complete treatment. You won’t have the documentation to prove that you are in severe pain or disfigurement. Do the following:

• All symptoms should be reported to your doctor.
• If your symptoms worsen, tell your doctor.
• Attend all therapy and appointment sessions.
• Your attorney will need your medical records and billing.

We know how difficult it can be to pay for medical care and get to the doctor when you are suffering from a disabling injury. We can arrange for transportation to your doctor and help you get the care you require while you wait for the Personal injury Lawsuit Process.

Step 3: Filing an Insurance Claim

The Personal Injury Case Process is not complete without filing a claim against the insurance company of the other party. You must make a claim to your own insurance company under your no fault coverage if you are 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 determine the responsible party for your injury and what insurance claims to file. Your attorney may be able to identify more than one party liable in some cases. You will receive a letter from your attorney informing the insurance company of your legal representation. This letter informs the insurance company to contact its representatives instead of you in order for the Personal injury Lawsuit Process to proceed smoothly.

The Demand Letter

After your case investigation has been completed, your lawyer will usually send an insurance company demand letter. This is part of the Process for Personal Injury Lawsuit. This letter will outline the legal basis of your claim, and how much compensation is needed to make you whole. Your attorney will advise you to accept payment and settle the claim if the insurance company pays in full. If the insurance company does not pay, Personal injury Lawsuit Process may file a lawsuit in order to get you the compensation that you deserve.

Step 4: Gather 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. We will do all the work for you at Bonardi & Uzdavinis. We will go to the accident scene, collect vehicle black box data and interview witnesses. We’ll also research recalls and gather evidence. We work with respected accident reconstructionists and private investigators as well as medical experts and other consultants within our network to create a mountainous amount of evidence that will meet your burden of proving guilt, free you from any wrongly assigned blame, and convince the jury of defendant’s fault.

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Step 5: 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. Insurance companies make offers for early settlement. These are often lowball offers that do not take into account your long-term expenses. Accepting an offer too early will prevent you from requesting more money if needed. Insurance companies are aware that serious injuries can put you in a difficult financial situation, so they want you to accept a low settlement because you’re desperate. Bonardi & Uzdavinis has helped thousands of people who have suffered the consequences of accidents. We know you want money now and we are here to guide you through the options. We are often surprised to find that our clients have insurance policies such as umbrella policies and employer-based disability benefits.

Step 6: 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 if you cannot reach an agreement within a reasonable period. Do not wait too long before filing a lawsuit. Florida’s personal injuries statute of limitations requires 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 convincing enough to convince the jury that the defendants are liable or to persuade them to settle.

Step 7: Completing the Discovery Process

Discovery is an important part of Personal Injury Lawsuit Process. Both sides exchange vital information during this phase. You can force the defendants into providing specific evidence that could help you 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.

In the Personal Injury Lawsuit Process the defendants may also ask you to give them access to certain information such as your medical records. After completing the discovery phase, settlement negotiations can be more effective if your evidence is solid. Insurance companies are able to recognize a strong case in the Personal Injury Lawsuit Process. They know that losing in court could cost them much more than a fair settlement. After reviewing your evidence, many will settle. In general, your attorney will handle the exchange of data for you. You may have to give testimony in a formal hearing, also known as a “deposition” during discovery.

What to Expect at a Deposition

You can schedule a deposition at any point during the discovery phase in the Personal Injury Lawsuit Process. 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 intimidated by a deposition. Your attorney will prepare and assist you so that you can confidently testify.

Step 8: Proceed to trial

There are four possible outcomes as the Personal Injury Lawsuit Process moves to trial:

• The case has been dismissed.
• The case is closed.
• A jury or a judge renders a verdict.
• The jury cannot render a decision.

Most personal injury cases never make it to trial because they are settled. Settlement negotiations can continue even after the trial has begun. Your attorney will present the evidence you have to the court and, if the trial is a jury trial then to the jury. Both sides will make opening statements at the beginning of the trial. Your attorney will cross-examine witnesses and object to evidence that the defendants present which is harmful to you. Both the defense and your witnesses will have an opportunity for cross-examination. Before the jury announces its verdict, both sides will give closing statements. Personal Injury Lawsuit Process is a long process, but every step will bring you closer to the justice you deserve.

Step 9: Settlement or Verdict

The jury will review the evidence in secret while you wait. The jury can take several days to reach a unanimous decision. The judge declares a mistrial if the jury is unable to reach a unanimous verdict. If you are not satisfied with the settlement, then you can either start a new lawsuit or resume negotiations. It is rare to have this outcome when the evidence is solid. If the jury finds that the defendant was at fault, it will specify in the verdict the percentage of blame that you are responsible for, if applicable. The jury will assign a percentage of blame to each defendant if there are more than one defendant. The jury will decide on the amount of damages that the defendants are required to pay. The Personal Injury Lawsuit process ends once the jury has ruled.

The Appeals Process

In most cases, the verdict is final. A party who is unhappy with the verdict may, however, file a motion to have a new trial in certain circumstances. You can also appeal the decision if you believe that the court made a mistake which affected the result. You or your lawyer must file an Appeal Notice with the court hearing your case within 30 days of receiving the verdict. An appeal is different from a new trial. There will be no jury during this stage of the Personal Injury Lawsuit Process. The appeals court can only decide if the lower court applied the law and followed the proper procedure. The appeals court can reverse the lower court decision, order a retrial, or leave the decision alone.

Step 10: Claim Your Compensation

Collecting your compensation is the final step in the Personal Injury Lawsuit Process. You can collect your judgment if you win and the defendant loses or does not appeal. Your attorney will take care of the collection process and ensure you get the compensation that you deserve if you have one. Insurance companies usually take a few week to pay. Every day that the insurance company fails to pay, interest will be assessed by the court. Punitive damages are not covered by most liability policies. The Personal Injury Lawsuit Process is complex, particularly when dealing with individual plaintiffs rather than insurance companies. Without an attorney, it can be difficult to execute a judgement and collect compensation from a person. This may require other court actions such as getting a court order garnishing the defendant’s wage, placing a lien against assets or leeching a bank account. Our attorneys at Bonardi & Uzdavinis have more than 45 combined years of experience in handling Personal Injury Claims. They are well-versed in the Personal Injury Lawsuit process. We can locate hidden income and collectible assets to force defendants to pay. In some cases it may be possible to get your money faster if you settle outside of court. A skilled attorney will be necessary to complete the Personal Injury Case Process successfully and receive the compensation that you deserve.

Contact our Personal Injury Attorneys Today

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. Since decades, we have protected your rights and interests. Find out how Bonardi & Uzdavinis could help you and your loved ones. Contact us by filling out our simple online form, or calling our office at (813) 540-2019.

Feel Free To Schedule A Consultation

Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.

LET’S TALK