Everyone talks about how or why to hire a personal injury attorney. No one talks about what happens next. Deciding to hire a lawyer is the first step. What follows is information gathering, negotiations, a possible settlement, and in some cases, a trial. Understanding how the personal injury claim process works can help set your expectations.
Every personal injury representation starts with a consultation. Lawyers require this initial meeting because it gives them a chance to evaluate the case. Potential clients will explain the circumstances surrounding the incident and the evidence they have. A lawyer will help calculate potential damages by discussing the extent of your injuries, medical treatment needed, and other potential losses. At the end, the lawyer will discuss the viability of a potential lawsuit, possible recovery, and the lawyer’s ability to represent the client.
The potential client has no obligation to hire the lawyer. While you should bring any documentation you have, you don’t need everything or a perfectly organized case. That’s what hiring the lawyer is for. Documents that are helpful to bring include:
Many personal injury attorneys in Florida offer free consultations, but not all. Ask about the fee when scheduling your appointment. A lawyer won’t accept every case they are approached with. However, if they are willing to represent the client, they will discuss their fee structure. Importantly, personal injury lawyers often charge on a contingency fee basis. This means they take a percentage of the award amount if the claim is successful. Ask what the fee percentage is and how it’s calculated. The Florida Bar requires that this agreement be in writing.
Once you sign the agreement to hire a personal injury attorney, you are now officially a client, and the lawyer begins working on your case. This can include requesting police reports, medical records, and surveillance footage. They will contact potential witnesses and request a statement. They may also need employment records to document wage losses. If there is insurance, the lawyer may begin reviewing policies for coverage potential. The goal is to establish what your total injuries and losses are and who is potentially liable.
It’s also important to note that a client’s role in their case changes after they hire an attorney. Once they have legal representation, the lawyer takes over communication. They are the ones to communicate with the other parties, insurance companies, and third parties who may have relevant evidence.
After you hire a personal injury attorney, your life and health should remain a priority. Don’t stop going to doctor’s appointments. Sometimes, medical issues don’t make themselves known until weeks or months after the accident. To include them in your claim, you need to connect them back to the incident. Continuous care from your medical team can help establish this connection.
Be open and honest with your healthcare providers about the symptoms you are experiencing. Follow all of their recommendations. Keep a record of the care you receive and the costs. Don’t assume that because you “feel better” that you are fully recovered.
Once the lawyer has gathered enough information, they can take the next step in your claim. This typically means sending a demand letter to the insurer. The letter will outline the facts of the incident, why the insured is responsible, and the client’s injuries. It will lay out the total damages by listing medical treatment, associated expenses, and lost income. If there are any other damages, those will also be included. This justifies the amount being requested to resolve the claim.
The party receiving the demand letter may accept the demand and amount requested. They may also reject it or make a counteroffer. If the letter is unclear, they may request more information before responding. After the letter, negotiations begin. There can be several rounds of offers and counteroffers.
Everyone wants to have their day in court to find justice. In reality, even if you hire a personal injury attorney, most cases do not go to trial. Instead, they settle before the case reaches trial. During negotiations, litigation may not be necessary if everyone agrees to an acceptable settlement.
However, if the parties cannot reach an agreement, then litigation may be necessary. This process involves filing the complaint with the appropriate court and having the named parties served. The defendant will respond and make their own claims. The discovery phase begins, during which the parties gather evidence and identify witnesses to testify. Depositions may be taken with involved parties or expert witnesses.
Mediation may take place before the trial. If mediation fails, the court will schedule a trial date. The attorneys will prepare for trial. At the trial, the attorneys will present their arguments and evidence. The trial can conclude with a jury verdict, judge’s ruling, a mid-trial settlement, a directed verdict, or a mistrial.
Agreeing to and finalizing a settlement doesn’t always mean you’ll also walk out of the door with a check in your hand. When you hire a personal injury attorney, they will want to review the settlement documents before you sign them. Then, all of the appropriate parties will need to sign the agreement. This can take time. The settlement agreement will include terms that outline the distribution of funds. This is how the liable party will make payment. It could be a single lump sum payment. It could also be a series of payments over months or even years.
If you agreed to a contingency fee, the lawyer will take their percentage of payment. They will also deduct the agreed-upon accrued costs that accumulated during their representation. Medical liens or subrogation claims may also need to be paid. You will receive the remaining funds.
Every case is unique, so there is no single timeline that a personal injury claim follows. Several factors that affect the timeline include:
A relatively straightforward claim with minor injuries may be resolved through negotiations when you hire a personal injury attorney. A complex case with multiple parties, extensive injuries, and questionable facts can take significantly longer.
It’s also important to take note of Florida’s statute of limitations. Under the Florida Statutes, negligence actions generally must be commenced within two years, subject to statutory exceptions. Waiting to file your claim can make gathering evidence more difficult, delaying the timeline.
As a client, you need to take an active role in your representation. When you hire a personal injury attorney, it doesn’t mean you get to walk away and let the lawyer do everything. You need to communicate with your lawyer and promptly respond to their questions or requests. If your lawyer asks for documentation, don’t delay in sending it. Update your lawyer on any changes or developments. Be honest with them about your prior injuries or relevant history.
Don’t discuss your claim with anyone. Don’t post about it on social media. Do not discuss the incident with involved parties, opposing counsel, or insurance companies without speaking to your lawyer first. Let the personal injury lawyer do the legal legwork. Your job as the client is to be an information source and decision-maker.
Not every incident leads to a personal injury claim. Not every claim leads to a courthouse trial. You won’t know your claim's viability unless you speak with a lawyer. The Law Office of David I. Fuchs can help you evaluate your case and determine whether filing a claim is appropriate. Schedule a free consultation online or call 954-568-3636 today to speak with a personal injury attorney.
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