What Is the Process to File a Personal Injury Lawsuit?
While most cases settle before reaching court, it’s important to understand the potential steps involved:
- Initial Consultation: We’ll discuss your case, assess its strengths and weaknesses, and outline the legal options available to you.
- Investigation and Evidence Gathering: We’ll thoroughly investigate the accident, gather evidence like police reports, medical records, and witness statements, and consult with experts if needed.
- Demand Letter: We’ll send a demand letter to the at-fault party’s insurance company, outlining your damages and demanding fair compensation.
- Negotiation: We’ll negotiate with the insurance company to reach a favorable settlement that covers all your losses.
- Litigation: If negotiations fail, we’ll file a lawsuit and fight for your rights in court.
Is There a Deadline to File a Claim?
In Florida, personal injury claim deadlines vary by case type, with statutes ranging from 2 to 5 years under Section 95.11. For car accidents, if another driver is at fault, the injured party has two years to file a lawsuit, regardless of vehicle type. Special cases, such as claims against uninsured motorists, may extend the deadline to five years. For medical malpractice, claims must be filed within two years of discovering the injury, up to a four-year limit due to the statute of repose, with certain exceptions allowing up to seven years.
Will I Have to Go to Court?
While we’re prepared to take your case to trial if necessary, most personal injury cases are resolved through negotiation and settlement. Our goal is to achieve the best possible outcome for you, whether through settlement or litigation.
What Is the Average Settlement Amount in Seminole County?
Settlement amounts vary widely depending on the specific circumstances of your case, such as the severity of your injuries, the amount of medical expenses you’ve incurred, and your lost wages. An experienced attorney can evaluate your case and provide you with a realistic estimate of its potential value.
What Type of Compensation May I Receive?
If you have a valid personal injury claim, you may receive compensation for medical expenses (past and future), lost wages and future earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, property damage, loss of consortium impacting your spousal relationship, and in some cases, punitive damages.
Why Shouldn’t I Settle with the Insurance Company on My Own?
Insurance companies are businesses, and their primary goal is to minimize payouts. They may try to pressure you into accepting a quick, lowball settlement. An expert personal injury attorney will level the playing field, advocate for your best interests, and fight for maximum compensation.