Were you injured by someone else’s carelessness?
The idea of filing a personal injury lawsuit is probably the furthest thing from your mind. You are dealing with pain, recovery, and a pile of medical bills. So is your family.
The Problem:
Navigating the legal process is no walk in the park. With an enormous burden of medical expenses, making a wrong move can put your claim at risk. Missing deadlines, accepting a lowball settlement, or other missteps can be costly mistakes that set you back in your case.
The solution is to hire an experienced and knowledgeable personal injury attorney in Vero Beach who can guide you through the process. They are the ones that will manage every step of the process while protecting your rights while you are recovering and focusing on your family.
Curious to know how the entire process works?
Table of Contents
What you’ll learn:
- Understanding the Personal Injury Claims Process
- Key Steps in Filing Your Lawsuit
- How Long Each Phase Takes
- What to Expect During Discovery and Trial
Understanding the Personal Injury Claims Process
Personal injury law exists to protect victims when they have been hurt through someone else’s negligent acts.
In cases where another person or business acted carelessly and caused you injury, that person or company is legally liable for your damages.
Damages can include medical bills, lost income, pain and suffering, and other losses that resulted from the accident.
The truth is that 95% of personal injury claims settle out of court, with most cases never even making it inside of a courtroom. The majority of cases are settled, and both sides rather have the certainty of a settlement than the uncertainty of a jury trial.
Don’t be fooled however, the simple fact that a case may go to trial provides your attorney with leverage during settlement negotiations, and insurance companies are fully aware that skilled attorneys are ready and willing to take the case to court if necessary.
The most common types of personal injury cases include:
- Motor vehicle accidents (60% of all cases)
- Slip and fall
- Medical malpractice
- Product liability
- Workplace injuries
Each type of personal injury case can follow the exact same legal process, but the length of time it takes to work through the process can differ dramatically.
Key Steps in Filing Your Lawsuit
Filing a personal injury lawsuit is more than just filling out paperwork, sending it off, and waiting for the check to show up.
Let’s walk you through the process…
Step 1: Immediate Actions After Your Accident
The first hours and days after your accident are absolutely critical to the success of your case. From getting proper medical treatment to investigating the scene and collecting evidence, you must do all that is required from your end.
It is not just important for your recovery, but also for building a strong foundation for your legal case.
Step 2: Investigation and Case Evaluation
Once you’ve hired an attorney, they will begin a full investigation into your accident. From reviewing the police report to interviewing witnesses to estimating your damages, your attorney will take the initiative to dig in.
Your attorney will not make a settlement demand until they have a good understanding of the total extent of your injuries and losses.
Step 3: Filing the Demand Letter
Prior to filing a lawsuit, your attorney will send a demand letter to the insurance company detailing how the accident occurred, why their insured was at fault, and what compensation you are seeking.
The insurance company will usually respond within a few weeks with a settlement offer or a denial of liability.
Step 4: Filing the Lawsuit
If negotiations are at a standstill, your attorney will proceed to file a formal complaint in court. This document details who the parties are, the facts of the case, and the specific damages you are suing for.
The defendant is then “served” with the complaint so they are officially notified of the lawsuit.
Step 5: The Discovery Process
Discovery is the time where both sides investigate and gather evidence to build a case. Written questions under oath, witness depositions, document requests, and independent medical exams are some common forms of discovery.
Discovery can take 8-10 months, and longer in complex cases.
Step 6: Mediation and Settlement Negotiations
Most courts will require you to go through mediation before the case is permitted to be tried before a jury.
The two parties meet with a neutral mediator that attempts to help both sides reach a settlement. Most mediations occur 9-18 months after the lawsuit is filed.
Did you know?
Curiously enough, even cases that fail to settle in mediation are likely to settle just before trial. With the risk of an unpredictable jury verdict looming, both sides are motivated to compromise and settle.
Step 7: Trial (If Necessary)
Roughly 4% of personal injury cases actually go to trial, and if your case is one of those that make it to trial you will go through:
- Jury selection
- Opening statements
- Evidence presentation
- Witness testimony
- Closing arguments
- Jury deliberations and verdict
Trials can last anywhere from a few days to a few weeks.
How Long Each Phase Takes
Every personal injury lawsuit takes a different amount of time, from a few months to over a few years.
Average timeframes for various lawsuits include:
- Simple cases: 6-14 months
- Complex cases: 2-5 years
- Cases that go to trial: Often 3+ years
Motor vehicle accident cases tend to be resolved much quicker than medical malpractice or product liability cases. Auto accident cases have an average of 20 months, while medical malpractice cases take 31 months on average.
But here’s the kicker…
Rushing into a settlement is not always in your best interest. Your attorney needs to make sure they are fully aware of the complete extent of your injuries and future medical needs.
What to Expect During Discovery and Trial
The discovery phase is where the most intensive work happens. Expect detailed inquiries about your medical history, requests for employment records, multiple depositions, and independent medical examinations.
If your case proceeds to trial, the process is more formal and structured, with your attorney presenting evidence, calling witnesses, and arguing your case before a jury.
Truth be told, trials are unpredictable. A strong case can be lost, and a weak case might get a large verdict. It is for this reason that 70% of personal injury claimants receive a payout in some form of settlement.
Understanding Your Legal Rights and Options
Filing a personal injury lawsuit gives you the right to pursue full and fair compensation from the party that is at fault for your injuries. You also have the right to protect yourself from unfair insurance practices and adjusters that try to take advantage of the situation.
However, keep in mind that each state has a statute of limitations for personal injury lawsuits. In most states, this is 2-3 years from the date of the accident.
Missing that deadline means you will no longer have the right to pursue compensation.
Making Smart Decisions About Your Case
The process of filing a personal injury lawsuit can feel overwhelming at times. That is why it is important to understand what is going on at every stage of the process.
Don’t rush important decisions in your case, such as accepting a settlement. Take the time to listen to your attorney’s advice and be patient. You can’t force things and some cases just take time.
Wrapping Things Up
Filing a personal injury lawsuit is a serious matter that shouldn’t be taken lightly.
However, when someone else’s reckless or careless actions have turned your life upside down, the legal system provides you with a means to obtain the compensation that you require in order to get your life back on track.
The more you understand about the lawsuit process, the better you can work with your attorney and make smart decisions about your case.
Every lawsuit is unique but knowing what to expect at each stage of the process can help reduce anxiety and allow you to focus on what is truly important – your family and your recovery.
The process may seem like a lot, but you are not alone, with the right attorney on your side to guide you through the process, you can successfully navigate the legal system and get the justice you deserve.