Frequently Asked Questions About Personal Injury

What is the usual course of a personal injury case?

Once you become our client, there are many things that occur immediately. We notify the adverse party and/or insurance companies of our representation. We begin obtaining all the documents necessary to present your claim to the insurance company or adverse party. We will typically obtain accident reports, medical records, photographs of accident site, photographs of injuries, income tax returns, photographs of family members, information about the adverse parties insurance coverage and/or assets.

After obtaining all the necessary information and after your medical condition has stabilized, we typically do a demand to the insurance company or adverse party demanding a settlement on your behalf. The last thing we want to do is resolve a case while our client is still healing or does not have a clear understanding of their future medical condition. Our fear is to let a client settle a case and then find out shortly thereafter that they need future surgery or other significant medical needs. If your cases does not settle "presuit," then the next step in a lawsuit.

Pursuing a lawsuit is very time consuming. There are many things that occur after a lawsuit is prepared, filed and delivered to the adverse party. The parties engage in discovery, which allows both sides to obtain sworn oral testimony, submit written questions to be answered under oath and request production of documents.

Even though a law suit is filed this does not mean it will go to trial. Several opportunities to settle may be offered in litigation. In Florida, it is mandatory to attend court ordered mediation which is where the parties sit down with an independent mediator and try to resolve the issues and settle the case. Finally, the case is set for jury trial by a judge who determines when your trial will be set.

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