What to Expect During a Personal Injury Lawsuit
From filing a claim to negotiating with insurers to preparing for trial, every stage of the legal process requires careful planning and attention to detail. Our firm can help you understand your legal options and prepare for the upcoming proceedings.
Below is a general overview of what to expect during a personal injury case:
- Building a case. We can investigate the accident and gather evidence to support your claim, such as medical records, accident reports, witness statements, and expert testimonies.
- Filing a claim. If a settlement cannot be reached with your insurer, we can help you file a personal injury lawsuit within the statute of limitations.
- Discovery. During this stage, both parties exchange relevant information related to the case, such as depositions, interrogatories, and document requests. Our firm can help you navigate these complexities while leaving no stone unturned during the discovery process.
- Negotiation. The majority of personal injury claims are settled without going to trial. Our lawyers have recovered millions in settlements and are highly skilled at negotiating with insurers to achieve just outcomes for our clients.
- Trial. If a settlement cannot be reached, your case may proceed to trial. Our accomplished litigators have a proven track record in complex litigation to represent your best interests while safeguarding your rights at every step.
What Factors Affect the Value of My Personal Injury Claim?
The amount of compensation available in a personal injury claim depends on the specifics of the case. Some influencing factors include:
Severity of Injuries
The extent and severity of your injuries are one of the most significant factors in determining the value of your case. Serious injuries that require extensive medical treatment or result in long-term disability typically lead to higher compensation. For example, a head-on collision resulting in catastrophic injuries can lead to a more substantial settlement than a minor fender-bender with no injuries.
Medical Expenses
Medical costs play a key role in calculating damages. These include both past and future expenses, from emergency room visits to ongoing rehabilitation and physical therapy. Keeping a meticulous and comprehensive record of these costs is vital to recovering compensation for all your current and future care needs.
Impacts on Earnings & Employment
If your injuries impact your future earnings or ability to work, these economic losses may be factored into your claim. For example, if you couldn’t return to work for months after a slip-and-fall accident at the Gulf View Square Mall, you may be eligible to recover compensation for lost income and potential future earnings.
Non-Economic Damages
Non-economic damages can have far-reaching consequences on an individual’s quality of life. While these losses are challenging to quantify, they are crucial to maximizing your claim’s value and addressing every impact of the accident on your well-being, from pain and suffering to psychological trauma and PTSD to loss of enjoyment of life.
Liability & Comparative Negligence
Florida uses a modified comparative negligence system. This allows plaintiffs to recover damages in an injury lawsuit even if they are partially at fault, as long as their share of the liability is 50% or less. However, any compensation awarded will be reduced by that percentage. For example, if you are 20% at fault for an accident totaling $100,000 in damages, you may only recover $80,000 ($20,000 less than the original value).
Do I Need a Personal Injury Lawyer?
Recovering from a serious injury can be stressful and overwhelming. Holding negligent parties accountable not only provides justice, but critical financial support for your recovery, such as medical expenses, lost earnings, and other losses. This is why partnering with a trusted personal injury lawyer is so essential.
Here are some invaluable ways that an injury lawyer can assist with your case:
- Case investigation. Your lawyer can investigate your case with a practiced legal eye to identify liable parties, gather critical evidence like medical records and police reports, and meet the burden of proof in your claim.
- Proving liability. Merely suffering an injury isn’t sufficient to recover compensation. A skilled advocate can help you demonstrate the necessary elements to establish the defendant’s negligence as the proximate cause of your injuries.
- Negotiating with insurers. Insurance companies have a reputation for evading fair payouts with lowball offers. Your lawyer can negotiate effectively on your behalf to prevent you from walking away with less than you deserve.
- Maximizing your claim’s value. Your attorney can calculate the full extent of available damages and assess every avenue for financial recovery to maximize the value of your claim.
FAQs About Personal Injury Claims
What Is Negligence?
Negligence refers to harm caused to another person by carelessness. In the context of personal injury law, negligence occurs when an individual fails to exercise the level of care that a reasonable person would have exercised under similar circumstances.
To successfully recover damages in an injury claim, the plaintiff is responsible for proving four key elements: duty of care, breach of duty, causation, and damages. Our attorneys are well-versed in these legal intricacies to guide you through the legal proceedings with care and precision.
What Should I Do Immediately After a Car Accident?
After a car accident, it’s important to prioritize your safety. Call 911 to report the accident and request emergency medical attention for anyone injured at the scene. A highway patrol officer or law enforcement official will respond to the scene and document the accident in a police report, which can serve as valuable evidence to support your claim later on.
Finally, consulting a skilled injury lawyer is paramount to recovering compensation for your injuries. Your attorney can help you file a claim within the appropriate deadline and investigate the accident to identify liable parties, gather evidence, and fight for a fair settlement while protecting your rights in and out of the courtroom.
Local Resources for Accidents in New Port Richey
In an emergency, always call 911.
Below are some additional local resources for accident victims:
Emergency Response
Florida Highway Patrol (FHP)
305-234-2240
Pasco County Sheriff’s Office
727-847-5878
Hospitals
Morton Plant North Bay Hospital
727-842-8468
Johns Hopkins All Children’s Hospital
727-846-9900
HCA Florida Trinity Hospital
727-834-5700
New Port Richey Car Accident Lawyers
(727) 788-6792
Recovering from a wrongful injury can be overwhelming, but you’re not alone. Call (727) 788-6792 to schedule a free consultation. Pay nothing until we win.
