Florida Personal Injury Claims & Legal Processes
Rely on personal injury lawyers at the Law Offices of Michael B. Brehne, P.A. to learn as much as possible about the process of personal injury claims and lawsuits in the state of Florida.
Get Answers to Common Personal Injury Questions
What steps are involved in the personal injury claim process?
The process of a personal injury claim can be lengthy and complicated, but with the assistance of a personal injury lawyer in Orlando, it does not have to be. The following steps are easy to navigate with sound legal representation, guidance and advocacy.
Step I: Acquiring an Injury
While it may seem obvious, the first step to any personal injury claim requires the presence of a sincere injury. These types of injuries often result from the negligence of an individual or entity, or an accident that could have been prevented.
Step II: Seeking Medical Care
When you experience a personal injury, the next step is to seek medical care from a licensed professional. To be frank, your personal injury claim will be unsuccessful and a blatant waste of time if you do not have the necessary paperwork to document and prove your injuries. You will need relevant forms of evidence such as X-rays, diagnoses, prescribed drugs and treatment plans.
Step III: Filing Documents
The third step involved in the personal injury claim process is to complete and file all necessary paperwork. You may be encouraged to submit a personal injury demand letter to the individual or entity that is responsible for your injury. This notifies the party that an injury occurred as a result of their negligence.
Step IV: Discovering Information & Evidence
As is the case with all claims and lawsuits, there is a stage during the personal injury claim process that is specifically designated to discover as much information and evidence pertaining to a case as possible. It is during this period when your accident and injury will be investigated. Statements of witnesses and experts may be considered. Evidence on both sides will be gathered so that both parties may prepare for negotiations and/or trial.
Step V: Reaching A Settlement
Upon gathering as much information pertaining to your case as possible, you must work with Orlando personal injury attorneys to reach a settlement agreement with the opposing party. This may involve a series of negotiations and/or mediations. The goal is to secure a fair settlement agreement that takes into account your needs and suffering.
Step VI: Going to Court
Because reaching a settlement is not always achievable, your case may very well go to trial. This will require traditional court proceedings, in which a judge and jury will consider and weigh the factors, evidence and information of all parties involved. If your case is successful, the judge in authority will determine the amount that you may receive.
Step VII: Appealing the Decision
If your case is unsuccessful in court, you have the right to appeal the decision. Visit our Orlando law firm before preparing paperwork to file with an appellate court. Appealing the decision of a personal injury court decision requires aggressive representation, pointed guidance and compelling evidence.
How long should I expect my personal injury case to take?
While we cannot predict with accuracy the amount of time that your unique case may take, most cases take a couple of months to a maximum of several months. Please be aware, however, that there are personal injury cases that have taken years to settle. The length of your case will likely depend on the cooperation of the at-fault party.
What is the purpose of a personal injury deposition?
Personal injury depositions are usually scheduled during the discovery stage of a personal injury claim. During a deposition, both parties meet to discuss the facts surrounding the case. The meeting is used to gather as much information and details pertaining to a case as possible. Based on the information that is revealed during a deposition, the at-fault party may agree to settle quickly. In other cases, the parties are able to utilize the information relayed to build successful arguments and defenses during trial.
Are personal injury claims and lawsuits similar?
A personal injury claim is not the same as a lawsuit. Personal injury claims are filed with the intent to reach a settlement with the at-fault party. If a settlement is unable to be reached through negotiations, then your case will likely go to trial. This will involve court proceedings. We typically encourage our clients to pursue personal injury claims because the process is quicker. However, for more serious injuries, such as those that result in permanent disabilities and wrongful deaths, we recommend pursuing an initial lawsuit.
Can I select my own doctor to treat my illnesses?
If your claim or lawsuit is successful, the insurer of the at-fault party will likely assign a doctor to you. If you are not comfortable with the doctor that is assigned to you, you have the legal right to request a new doctor of your choosing. Speak to a personal injury attorney if you experience any problems with this.
I am not satisfied with the court’s decision on my personal injury case. Can I appeal?
Yes. You have the right to appeal the court’s decision if you are dissatisfied. You will need to file paperwork and compile evidence. We recommend that you sit down with an attorney to carefully review your case in order to inspect for errors, weaknesses and/or loopholes that may have prevented your case from being successful during the first attempt. By doing this, you can anticipate challenges and prepare your case to be successful at the appellate level.
What is a Duty of Care?
A Duty of Care refers to the legal obligation to act reasonably to prevent harm to others. Professionals, property owners, and even everyday civilians, such as drivers, are expected to act with a high Duty of Care and concern for others.
What does Breach of Duty mean?
Professionals and property owners are required to act with a duty of care to all clients and visitors regardless of demographic factors. Failure to adhere to these basic standards of care is considered a Breach of Duty. When a Breach of Duty is carefully demonstrated within a court of law, it may significantly help your case.
What is included in a personal injury demand letter?
A personal injury letter is a document that is prepared and delivered to the party that is responsible for your injury. It may describe the cause, nature and scope of the accident, as well as the type of injuries sustained. Further, as a victim, you may be able to demand a specific amount from the at-fault party to cover your injury-related needs and expenses. It is wise to supplement personal injury demand letters with support documents involving medical and financial matters related to the injury. Never submit a personal injury demand letter without the assistance and/or review of a knowledgeable attorney.
What is the process of subrogation?
Subrogation is a process that is commonly used in personal injury cases. It allows a third party to afford fees that actually belong to another party. In personal injury cases, your insurer may afford your medical fees and be reimbursed by the at-fault party once your claim is successful.
What is the first thing I should do if I am injured?
Your health and wellbeing should always be the main priority. We recommend that you gain a thorough physical examination from a medical professional.
Do I have any rights as an injured person?
Absolutely. You have the right to file a claim or pursue a lawsuit to recover damages. There are also specific rights and privileges that you are owed during these legal processes.
Does filing a personal injury claim mean I have to go to court?
Not necessarily. If the at-fault party agrees to a fair settlement, then there is no need to go to court. If the at-fault party refuses to settle, you will have to go to court.
After experiencing a personal injury and attending to your medical needs, the wise and prudent thing to do is to contact a personal injury lawyer. At the Law Offices of Michael B. Brehne, P.A., our Orlando lawyers will represent you to ensure that you gain what you deserve after another’s negligence. Give us a call today for a free initial consultation.