November 14, 2022
If you’ve been injured in any circumstances or accident that wasn’t your fault, you may wonder what the process looks like for filing a Florida personal injury claim. Though every case is different, there are some general steps that most claimants will go through.
Florida Personal Injury Claims: An Overview
A personal injury claim is a legal action that can be filed when someone has suffered an injury due to another person’s negligence. The first step in this process is to file your claim with the appropriate insurance company or individual responsible for compensating you. Once you have done this, your insurer or the other party’s insurer will typically begin to gather evidence and contact witnesses.
Here’s a brief look into the process:
Investigation and Evidence-Gathering
After you file your claim, the first thing that will happen is that the insurance company will open an investigation. The insurance adjuster assigned to your case will likely contact you to get your side of the story and ask for any evidence you may have to support your claims. This may include photos or videos of the accident scene, medical records, and witness statements.
It’s important to be cooperative during this process and aware that anything you say could be used against you, so it’s best not to give a recorded testimony without first speaking to an attorney.
The Discovery Process
Once the investigation is complete, the discovery process will begin. This is when each party seeks out evidence from the other side that could help their case. For example, the defense might request medical records before the accident to try and show that your injuries were pre-existing. The discovery process can be lengthy, so it’s essential to be patient and to continue working with your attorney throughout this phase.
Mediation
The court may order mediation if both sides cannot agree during the discovery process. Mediation is a meeting between the parties (with their attorneys present) and a neutral mediator who will try to help them reach a settlement agreement. If mediation is unsuccessful, the case will proceed to trial.
Trial
If your case goes to trial, both sides will present their evidence and argue their positions before a judge or jury board, who will then decide on a verdict. If you receive a favorable ruling, the other side must pay damages following the verdict. However, if you lose at trial, you may still be able to appeal the decision.
Conclusion
No two personal injury cases are exactly alike, but there are some general steps that most claimants in Florida will go through after filing their claim. Filling a Florida personal injury case can be long and arduous, but with the help of a qualified attorney, you can make it through. If you’ve been faced with an accident that wasn’t your fault, don’t hesitate to reach out for help.
If you require legal assistance, the attorneys at Dorsey Law JAX are here to help. We specialize in family, criminal, and personal injury cases and have a proven track record of success. Contact us today for a legal consultation, and let us help you get started on your road to justice.
