What a Typical Personal Injury Claim Process Looks Like

What a Typical Personal Injury Claim Process Looks Like

Seeking fair and deserved compensation from a negligent party that causes you harm is unfortunately not a simple procedure. You cannot just walk up to them, ask for payment, and expect to receive it. Instead, there is an entire legal process that needs to unfold for the typical personal injury claim. To help you get a better idea of what could happen in your claim, our Clearwater personal injury attorneys from Roman & Gaynor have compiled a helpful guide to describe the average personal injury claim process. You can also contact us at 727.877.1212 at any time if you would like us to manage your claim on your behalf.

Part 1 – Immediately After Your Accident

The first step in any personal injury claim should be collecting any useful evidence you can from the scene of your accident. If you are in good enough condition to talk to eyewitnesses and take photographs of the scene, you should do so. The most influential proof you can get for an injury claim will likely be found right there in front of you in the first minutes after an accident.

Part 2 – Seeking Medical Attention

If you are seriously injured, or when you are done collecting evidence at the scene of your accident or incident, then it is time to get medical attention as soon as possible. Waiting too long to let a medical provider care for you could increase your own liability for your injuries later, as an insurance company might argue you worsened your injury by not taking care of yourself. Please seek immediate emergency care before doing anything else if you are seriously injured after an accident. Never do anything that jeopardizes your health or puts you in danger.

Part 3 – Talking to an Attorney

Choosing to work with a personal injury lawyer will be a huge boon for your claim. You will get direct access to their experience and insight, increasing your chances of creating a convincing claim. You will also be able to focus on your own recuperation while they take care of all the legal details and legwork. Perhaps best of all, attorneys managing personal injury claims work for contingency fees, which means they will only receive attorney fee payments if they win you a settlement or verdict amount. The amount they are paid for a winning case is also based on a percentage of those winnings, so you never have to worry about owing more than you win.

Part 4 – Investigation & Review

With a personal injury attorney retained, the bulk of your claim can begin. Our Florida injury attorneys from Roman & Gaynor like to conduct thorough investigations of all the evidence you were able to collect after your accident. We also prefer to study your medical records to get a clear idea of just how the accident has disabled or debilitated you. This is important to making certain you get a fair amount of economic and noneconomic damages.

Part 5 – Initial Demands

After we get enough time to analyze your initial claim and evidence in-depth, we can create a demand to provide the responding insurance companies. Our demand will explain to them the events that caused your accident, the injuries you have suffered, why their policyholder is liable, and what amount of compensation you need and deserve. The demand also notes that we will take further legal action if the compensation required is not given.

Part 6 – Filing & Discovery

Assuming the responding insurance company will not match the demand, the next step is filing a lawsuit with the appropriate court and before Florida’s four-year statute of limitations expires. Early into the lawsuit, there will be a discovery process, during which we can demand to see any evidence the defense intends to use against your case. Discovery needs to be thorough and careful, so this process could take weeks or months, depending on the intricacies of the case.

Part 7 – Litigation or Mediation

When the discovery process is finished and your case is refined, litigation will begin on the first court date. There will be an entire internalized process in your trial, involving talking to witnesses, arguing evidence, etc. However, before diving into litigation, either party may propose reaching a settlement through mediation instead. It is not uncommon for an insurance companies to back out of litigation at the last second to use private mediation as an alternative. This is a benefit to you as it can mean getting compensation sooner, and a benefit for them as it can keep the details of the case out of the press.

Part 8 – Collect Your Compensation, Hopefully

In an ideal situation, you and your attorney will have secured either a verdict in court or a settlement in mediation. Now all you need to do is collect your earnings, provide the contingency fees, and relax. If you accept a settlement, though, you should consider the differences between lump sum settlements and structured settlements. A lump sum settlement will give you all your money at once, but it could be heavily taxed, which is not great. A structured settlement pays you the full amount owed in regular intervals, which eases the pressure on the payer but also lessens your tax obligation. If you can stay afloat without an immediate lump sum settlement, then you should consider a structured settlement.

Remember: If your personal injury claim seems like it is going to be too complicated or too much work to manage on your own, please contact our Clearwater personal injury lawyers of Roman & Gaynor. We would be happy to discuss how we can help you pursue maximized compensation during a free initial consultation. We have secured millions of dollars in verdicts and settlements for clients throughout our 50+ years of combined legal experience, and we would like to see if we can reach a similar result for you. Just call 727.877.1212 to begin – we accept calls 24/7/365.

Categories:
Contact Us
Injured? Need Help? Tell us about your case
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.

Get the Help You Need Today

We're Ready to Fight for You. Request Your Free Case Evaluation Now.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.