Accidents, however unfortunately, are a common occurrence in everyday life. Some are mere slips that you can laugh off, but others can result in serious injuries. If you suffer a significant injury due to the carelessness of someone else or due to any malcontent, you might be able to file a personal injury claim against them to recover financially from the medical expenses you incurfor your recovery.
‘Personal injury claims’ is a broad term that covers various situations. You can file a personal injury claim following a slip and fall, a car accident, workplace injuries, or even due to injuries you might have incurred while at a business. Regardless of how the injury occurred, victims should speak to qualified Port St. Lucie personal injury lawyers to understand the legal avenues they can explore to become financially whole again.
Knowing how personal injury cases work in Florida can help you make a well-informed decision to pursue compensation if you ever suffer an injury that someone else can be held accountable for.
This post will discuss be a guide that discusses how personal injury cases work in the State of Florida so that you are aware of what to expect when working with your lawyer.
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Which Situations Qualify For Personal Injury Claims
It is important to understand that not every injury can be eligible for you to claim in a personal injury lawsuit. If that was the case, Florida’s legal system would be completely overwhelmed bybogged down in litigations revolving around even the simplest of things.
The most significant factor determining whether something qualifies as a personal injury case is that the actions of one individual resulted in injuries to another. It can be through a direct or indirect result of an individual’s actions. Additionally, the person responsible for causing the injury must be in a position that requires them to ensure that nobody comes to harm through their action – or in some cases, inaction.
Even if such a situation occurs, personal injury claims are not straightforward. The victim filing a personal injury lawsuit against someone has to prove that the at-fault party was liable for causing their injuries. Personal injury lawsuits vary drastically from each other, and each type of personal injury claim comes with its nuances. It is better to work with qualified Port St. Lucie personal injury lawyers to determine how to approach the case.
The Steps Involving a Personal Injury Case in Florida
While various types of personal injury lawsuits are different, the general process for them is similar. This section of the guide on ‘how personal injury cases in Florida work’ will cover what to expect in such cases.
1. You Suffer an Injury and Hire a Lawyer
Each personal injury lawsuit begins with an injury to the victim, also called the plaintiff. It is important there is some evidence of thethat there is some evidence that the plaintiff suffering suffered damages to make a case. The plaintiff can choose to file a lawsuit against the at-fault party themselves, but it is always recommended to work with a qualified personal injury lawyer for this – especially if the injuries are severe.
Consulting with a lawyer can provide you with a better picture regarding the merit of your case and whether there is any chance of success. A trusted lawyer will not hesitate in telling you not to waste your time if your case has no chance of success.
2. Your Lawyer Attempts to Negotiate A Settlement
Most personal injury cases are resolved before they go to court, which your lawyer will attempt at first. Your lawyer will discuss whether the at-fault party is willing to settle the case out of court.
Experienced personal injury attorneys advise you to wait until your injuries reach the maximum medical improvement point. It is when your injury gets to the point where your condition is unlikely to improve.
Suppose you begin settlement talks or file a claim before reaching this point. In that case, you run the risk of the jury or the at-fault party’s lawyer and insurance company representatives undervaluing your claim.
3. The Victim’s Lawyer Files a Claim against the Alleged At-Fault Party
Once your lawyer determines that your case has merit, the next step involvesis that the attorney draftings and filinges a personal injury complaint against the alleged at-fault party. The complaint they file will outline everything regarding your claim, including your allegations against the defendant.
Your lawyer will also ensure that the defendant receives a copy of the complaint. The lawyer has to serve the complaint to the defendant physically or in a way that ensures that they receive it. Not ensuring the delivery of the complaint could offer the defendant the opportunity to claim that they were unaware of this action.
4. The Alleged At-Fault Party Hires A Lawyer
The most likely course of action the defendant will take after receiving the complaint is hiring an attorney of their own. Defendants with an insurance policy that could offer them coverage have to notify their insurance company. Insurance companies typically provide a lawyer to their clients if they haven’t hired one yet.
5. Pre-Trial PhaseÂ
Once your lawyer files the claim on your behalf, the case will move to a pre-trial stage. At this point, your lawyer will present all the evidence that supports your claim against the defendant, and the defendant’s legal team offers evidence in counter to the claim.
This is also called the discovery phase in a personal injury case, and it can often take several months. You can expect to make some court appearances to set a trial date.
6. A Trial Takes Place
Most personal injury cases never reach the trial phase because both parties typically want to avoid lengthy litigations due to the time-consuming and costly trial process. If you and your lawyer reach a settlement agreement with the defendant, the case can come to an end. If all attempts to decide on a reasonable settlement don’t work, the case moves to trial.
The judge presiding over the case and a jury will examine the evidence gathered during the discovery phase. After examining the evidence, the judge and jury will come to a decision about whether the defendant was at-fault for the injuries you suffered and determine the amount you should receive in compensation for the defendant’s actions.
How Does Working With A Personal Injury Lawyer Help?
It is important to remember that a plaintiff files a personal injury lawsuit to seek compensation for the injuries they have suffered due to another person’s negligence. The damages awarded to the plaintiff are supposed to monetarily compensate them for the losses they incur due to the injuries. The compensatory settlement should cover the medical expenses, any lost wages due to the injury, and even compensation for future wages if the victim is left unable to return to work indefinitely due to the injury.
Having skilled legal professionals in your corner can ensure that you have the help of someone well-equipped to tackle any strategies they might use against you to devalue or discredit your claim. If you have been injured and feel that you might qualify to seek compensation through a personal injury claim, consider working with Frankl Kominsky Injury Lawyers. The firm boasts a team of Port St. Lucie personal injury lawyers experienced in dealing with such lawsuits and a track record of favorable outcomes for their clients.
It is possible for you to file a personal injury lawsuit without the help of a lawyer. However, it might not always result in a favorable outcome. Personal injury lawsuits involve the legal team and insurance company representatives – expert negotiators and manipulators who are skilled in minimizing the costs for the party they represent.
