Understanding a personal injury lawsuit is important for victims. Nobody can relate to the pain and suffering caused to you. If you’re seeking compensation for your injury, you’ll most likely be going up against big-time corporate lawyers.
For victims coming to our Delray Beach law office with a personal injury case, know for certain that we bring everything to the table to increase your chances for the settlement you’re seeking. But first, you must understand and realize the in-depth process involved.
Here is a brief overview of what to expect during your personal injury lawsuit.
Meet With Your Personal Injury Attorney
Establishing a relationship with your attorney is step one when filing a lawsuit for your injury. If someone is responsible for your injury or there is an entity liable for your medical bills and suffering, bringing the factual information to your personal injury attorney is what puts the lawsuit ship in motion.
Keep in mind that the Florida statute for filing a lawsuit is two years from the time of the incident. All injuries are different, as well as the times for healing. However, it’s essential that you gather the necessary materials, such as costs and medical records atop of any insurance information, as soon as possible. By putting this off, you risk the deadline and opportunity for a successful settlement.
Hiring a Personal Injury Attorney
Once you’ve hired the attorney who will investigate your case, time is on your side. A good attorney will do an in-depth review of your story. They will also conduct interviews with the injured and any witnesses who were present at the incident.
The attorney will also ask for a calculation of all of your expenditures and fees that you paid for transportation as well as your hospital stay. Once the full picture of the case comes into view, then comes filing the lawsuit.
Occasionally, a settlement will be made before a personal injury lawsuit is filed. When our lawyers negotiate with insurance companies, some may even make an offer upfront to avoid the court process. If our clients agree that the settlement justifies their suffering and medical expenses, they can accept. However, we suggest that our clients wait before making any sudden agreements or accepting any offers without an attorney.
The amount of money offered without taking your case to court can be enticing, but through the legal process, you’d be surprised at what may be rightfully owed to you for your pain and suffering. When a settlement can’t be agreed upon, filing suit in court begins the process that can take months and sometimes even years.
There are three phases to expect throughout the lawsuit process:
The Complaint and Answer Phase
A complaint document is a detailed allegation filed regarding the cause and extent of your injuries. Filed in the county in which the incident occurred, there is a time limit of 30-days for the defendant to respond with an answer to the complaint. The defendant will either deny or admit to the complaint.
Throughout the discovery phase, each party collects documented evidence and testimonies as well as depositions from individual witnesses. You must provide your personal injury attorney with all the essential information when it comes to the witness names and numbers. Once the details to your case are discovered and organized by the attorney, you’re one step closer to going to trial.
The defendant does have the opportunity to file a motion before or after the discovery phase. This means that one, two, or three of your claims, and even your whole case can be dismissed. Typically, an attorney has about a month to oppose the motion with a written response on your behalf.
A mediation allows decisions to be made between parties with a mediator. This process reduces the chances of having the verdict overturned by a judge and jury and the mediator is a middle-man between opposing factors. As a plaintiff in a personal injury lawsuit, the mediator will meet with you and your attorney as well with the defendant’s lawyers to gather all the details and information.
This is a period that requires patience as a compromise to reach a settlement can take a few hours or even an entire day. However, it does lower your risks when negotiating a settlement, but if there isn’t a compromise, expect the case to go to court.
Schedule a Free Consultation
The legal team at Porcaro Law works hard for our injured clients. Though we do our best to bring an agreement between victims and those responsible, not all cases come to a settlement. However, if we don’t win, you don’t pay us a dime for our time. When you choose our law firm, we demand the compensation that is owed to you and rest assured that we’re in this to win together.
Bring your personal injury matters to our law firm in Delray Beach and together we’ll take on your court case. Contact our lead attorney, Peter Porcaro, to discuss your personal injury if it’s been two years or less since the day of your injury. We serve all citizens in the Delray Beach community and we’ll use our experience and law knowledge to bring your settlement forth.
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