The Different Stages of a Personal Injury Claim in Florida

stages-personal injury claim in Florida

Every personal injury claim in Florida is unique based on its characteristics and circumstances. Having an experienced attorney helps in establishing a strong case through all stages. The first step after sustaining an injury and seeking compensation should always be to consult an attorney. Once you seek complete medical care post-accident, meeting an attorney will help you to start your compensation journey on the right track.

It is essential to provide complete details of the incident and injuries to your attorney. You should provide honest answers to your attorney. Accurate information will help your attorney to pursue the claim in your favor. In 2019, there were 173,040 preventable deaths caused by injuries only in the USA.

Filing a Demand in a Personal Injury Claim in Florida with the Help of a Tampa Personal Injury Lawyer:

A personal injury claim in Florida can be achieved by filing a demand package. You can achieve the same result by presenting your defendant with an effective argument as you would achieve by filing a lawsuit while spending additional money for the lawsuit.

In such cases, your attorney will conduct an investigation and utilize the documentation including medical bills, doctor’s diagnosis, and the treatment plan. The strong points from the investigation are presented in the demand package. This is given to insurance companies to analyze the facts and initiate the negotiation process for the settlement.

Florida Personal Injury Claim Lawsuit:

Your lawsuit will initiate by filing a complaint. The document is filed with the court and provided to opposite parties. The document explains the legal action between you, the insurance company, and other involved parties. The initial documentation includes:

  • Your complaint outlining the incident, intensity of your injuries, the people involved, and the amount of compensation you require.
  • Summon is an order given to the defendant to appear in the court to proceed with the case. It notifies the other party that you have legally initiated the process to sue for damages.
  • The answer is given by the other party as a response to your complaint. It will answer every aspect of the claim by admitting or denying the facts. It will also include defenses.
  • The counterclaim is similar to a complaint but it will be filed against you by the other party. This is provided when the other party has a complaint against you for the same incident.
  • You are required to respond to the counterclaim, the reply will be your answer to their allegations.
  • Cross claims and cross replies occur when multiple parties are involved in the case.

Next in your personal injury claim, you will be needing an attorney who will file the necessary documentation, this phase is known as the discovery phase. As the name suggests, this phase uncovers all the significant facts of the case.

This allows the investigation and proceedings to be clear and transparent where both the parties are aware of the relevant information and evidence. In this phase interrogation questions, evidence, witness deposition, and other supporting documents are exchanged between the involved parties. Your case can either be resolved before trial or at trial.

Florida Personal Injury Claim Before Trial:

Motion or settlement are two options to resolve the case before trial. A motion is a request to the court to take certain action on a particular matter that could conclude the legal proceedings. If the motion is the right option to end your case, your injury attorney will file a motion.

It is usually presented when the other party lacks evidence or they did not respond to the complaint within the specified time. A settlement option is chosen when both parties reach agreement terms. The plaintiff drops all legal actions in exchange for the compensation amount.

Florida Personal Injury Claim at Trial:

At trial, the judge or the jury analyzes all the information, evidence and decides the fault of the incident. Whether the plaintiff deserves compensation or not and how much compensation for the injuries should be provided is decided by the court. The trial involves the following phases:

  • Selection of jury
  • Opening statements
  • Testimony of the witnesses
  • Closing arguments
  • Instructing and deliberation
  • Final verdict

Contact Our Personal Injury Attorneys in Tampa Florida:

If you or your loved ones have suffered from a personal injury and you are seeking a personal injury claim in Florida, get in touch with our Tampa personal injury attorneys. Our team of highly experienced and professional attorneys will guide you through the entire process of filing a claim.

We aim to obtain the maximum compensation that you deserve. From gathering evidence, negotiations, and filing your case in court, we will help you. You focus on your healthy recovery while we protect your legal rights; you should not suffer due to someone else’s negligence.

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