Your Personal Injury Case
The change to your life a personal injury may have could range from an inconvenience to something you’re not sure you can crawl out from. That’s why personal injury lawsuits exist. You, the plaintiff, can hold the negligent person or business accountable and get the compensation you deserve and need.
Statute of Limitations
Florida law limits the time you can file a claim if you are injured on someone else’s property. Generally, you have 4 years from the date of the incident. However, the time could be shorter.
For example, if the Defendant is a government entity, you may be required to send a specific statutory notice to them within 3 years or the claim could be barred. If the injury occurred at a nursing home, the time could be limited to 2 years. Every case is fact specific and it is important to talk to an attorney as soon as possible to see if you can bring a claim for your injuries.
How We Handle a Personal Injury Case
We’ve got your back with your fight to get the compensation you deserve in a personal injury suit.
First, we will assess your case to best determine how to fight for you.
Then we will:
- Gauge the depth and breadth of your injuries and the negligent circumstances involved
- Investigate the scene of the accident
- Question witnesses
- Request documentation
- Work with medical experts
- Review documents, photos, and videos
- Work with experts who can reconstruct the scene of the accident
We will leverage all of that information to go head-to-head with the defendant’s attorneys to get you the best compensation possible. Most often this happens in a settlement meeting, but if the big corporation or insurance company won’t budge, our attorneys are trained, experienced, and ready to go to court. Whether in a settlement or at court, we’ve been able to win compensation many times over the defense’s initial low-ball offers.
Your Role in a Personal Injury Suit
When you’re the injured party in a personal injury case, there are a couple of things that you need to do:
- Don’t admit fault for your injury
- Continue getting treated by your doctor
- Document any ups and downs you encounter because of your injury
- Gather and give your attorney any documentation you have that can help your case: police report, insurance documents, and photos or videos you have of your injuries or the accident scene
Steps of a Personal Injury Case
After you consult a medical professional and start considering a personal injury lawsuit, there are a handful of standard steps to take.
- Contact a Personal Injury Lawyer: Contact an attorney with years of experience handling personal injury cases – like Zediker Law. They will have a strategic approach toward assessing cases to determine whether you are able to pursue a personal injury claim and how much you could get in a case.
- Mounting Your Case: After you sign a retainer agreement, your attorney and legal team will begin looking over every aspect of your case — your injuries and the circumstances that caused them, the evidence, your employment history and wages, your family’s circumstances, and any other elements that will bolster your claim.
- Settlement Discussions: Your attorney will send what is called a “demand letter” to your insurance company or other party, laying out your case for damages. Most often, this is where your lawyer can get you a suitable personal injury settlement that will help make you feel whole again.
- Filing Your Lawsuit: However, if the other party offers a low-ball amount or outright rejects a reasonable settlement, then your legal team will switch gears and be ready to file a lawsuit to try to get you the best compensation possible.
- Discovery: This is a period of time when both sides of a lawsuit share documents and other evidence, as requested. During this time is when your attorney will go after every possible piece of documentation the other side has that could help support your case.
- Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses. Given our track record in court, insurance companies and other parties aren’t excited about having to face Zediker Law in a courtroom.
Settling a Personal Injury Case
A settlement happens when your attorney and opposing counsel come to an agreement on the damages for medical bills, lost wages, and other expenses. Your exact settlement amount will vary depending on several circumstances, including your level of injury, the type of accident, your employment status, and what sort of bills you’ve acquired as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery settlement.
The process isn’t instant: Your attorney won’t take the first offer, but will instead negotiate with opposing counsel to get a dollar amount that is suitable to your circumstances. Once both parties agree on an appropriate amount, it can take up to 6 weeks to get your money.
The value of your case depends on a few key factors: the circumstances of your accident, the severity of your injuries, and limits on insurance coverage, among other things. The primary driver behind case value is how much the plaintiff could get in the damages, including:
- Past medical bills
- Future medical bills
- Lost wages
- Loss of earning capacity
- Loss of consortium
- Pain and suffering
Some of those considerations might not have a clearly articulated value at first. However, based on our attorneys’ past experience, they could offer an estimated case value after assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an accident. The whole picture can provide a window into what to expect from a personal injury lawsuit.
Types of Personal Injury Cases We Handle
- Slip and Fall / Premises Liability
- Bed Bugs
- Falling Objects
- Prescription Drug Errors
- Elevator Accidents
- Accidental Shooting
- Nursing Home Negligence
- Food Poisoning
- Motor vehicle Accident (PIP)
- Wrongful Death
- Brain & Spinal cord Injuries
- Distracted driving
- Hazardous roadways
- Intersection accidents
- Taxi Cab Accidents
- Swimming Pool Injuries
- Sexual Assault and Molestation
- Birth Injuries
- Cruise Ship Accidents
- Burn/Fire Injuries
- Dog/Animal Bites
- Negligent Security
- Defective Products
- Amusement Park Injuries
- Medical Malpractice
- Life Insurance Disputes
- Bad Faith Insurance
- Bicycle Accident
- Construction Accident
- Motorcycle Accidents
- Pedestrian Accidents
- Personal Injury
- Stroke Malpractice
- Traumatic Brain Injury
- Truck Accidents
- Airplane accidents
- Back injury
- Catastrophic injury
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