How the State of Florida Handles Injury Cases

Personal Injury claims can be a little tricky as it covers incidents such as vehicular accidents, slip and fall, and medical malpractice. The justice system has laid out a claim process if you want to recover or get compensated for the injuries you or your loved one might have sustained.

How the State of Florida Handles Injury Cases

In Florida, filing for a case involving an injury claim must establish that you were injured due to negligence or oversight committed by another party – the defendant. Eliciting the services of a Florida based personal injury law firm should be part of your procedure in getting the claim. It may seem overwhelming or stressful, but eliciting a reputable law firm will help you get the right legal representation in your case and get maximum recovery.

How Injury Cases Progress in the State

Florida has a strict deadline in filing injury claims, the state has a statute of limitations of 4 years since the time of the incident to file a claim. The case may take a couple of months to years before you can reach a settlement. Your legal team will help you in the process to help you build your case and prove it.

Demand Letter

This is formal correspondence that you’ll send to the defendant’s insurance company. Your attorney will be guided in drafting this letter that includes detailing how the defendant caused the injuries, the treatments required, the pain, losses, and other damages incurred due to the incident. It is also important that you include the amount in the letter and its breakdown.

The insurance company may deny the claim and refuse to pay for the injuries. Or they may offer a settlement amount that will not be enough to cover the cost of the injuries to you. They may do this if they believe that you are somehow responsible for your own injuries or you lack the evidence to prove your claim. At this time your lawyer will now file a complaint on your behalf.

Filing a Complaint

When your claim is denied a complaint can now be issued to the state’s courts and it is often against the insurance company rather than the person or business that was responsible for the incident.

Discovery

At this juncture, the state of Florida’s injury case will rely on the evidence submitted by what your party has collected and documented for the court to be used in the case. This may include Insurance claims, medical bills, lost salary/wage, medical records, etc. All of these will part in a deposition.

A Deposition is a process wherein both parties provide sworn evidence to present to the court in support of their argument. So it’s important that you work closely with your legal team to make sure that you covered everything on your end.

How the State of Florida Handles Injury Cases
Settlement

This part of the legal system comes when both parties come to an agreed arrangement to resolve their disputes. A compensation package is negotiated and then agreed by both parties. The package can cover the medical expenses and other costs accrued during the period of the injury.

Trial

Statistically, only 4 to 5 percent of injury cases go to trial. The case will be presented to a judge or jury who will hear the case from both parties. Your attorney should be able to articulate using the evidence the liability of the defendant to your injuries.

A settlement can be received within two weeks, or it can vary depending on the agreed schedule. It is advisable to get a lawyer that can provide you with the attention that you need for this case and the capacity to assist you in every step of the process. Their involvement will significantly play a big role in your goal of getting compensated for damages or losses you’ve suffered due to the injury.

 

 

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