After a serious accident, most people want to settle their claims as soon as possible so they may go on with their lives. It's understandable. However, if you settle too soon, you may be underestimating yourself. You are less likely to receive the full amount of compensation required to cover all of your medical expenses and offset your other losses. A wise lawyer would advise you to seek all necessary medical treatment and to postpone settlement until you have reached maximum medical improvement (MMI) (MMI). This means that more therapy is unlikely to improve your condition further. If you are still recovering, it may be impossible to determine the full impact of your injuries on your future, making determining the exact value of your claim difficult.
Personal Injury Lawsuit's Timeline
MOST PERSONAL INJURY LAWSUITS HAVE SEVERAL DISTINCT PHASES. Among them are:
The immediate aftermath - The actions you take immediately following a serious injury may have a significant impact on the strength of your claim. Receiving medical care as soon as possible is imperative in order to document the extent of your injuries.
Choosing an Attorney - When your medical condition has stabilized, it is appropriate to contact an attorney. An experienced personal injury attorney can help you negotiate the legal system, deal with insurance companies on your behalf, and obtain the most compensation available for you.
Starting an investigation - Once you contact Chiumento Law, our legal team will conduct an unbiased inquiry on your behalf. To establish the facts of your claim, you may need to analyze your medical records, obtain evidence from the accident scene, and contact eyewitnesses.
Filing a claim – Armed with vital facts and proof, your lawyer will submit a demand letter to the at-fault party's insurance provider. This informs the other party of your intention to seek monetary compensation in a personal injury claim.
The discovery procedure – Once your claim has been filed, the discovery phase typically takes six to twelve months. During discovery, both parties will exchange documents, gather evidence, and investigate disputed facts.
Negotiation or mediation - In the following discovery, parties frequently seek to avoid going to trial by settling through negotiation or mediation. This operation might take many months to finish.
Going to trial - In the event that a settlement cannot be reached, your case may have to go to trial. Getting a trial on the court calendar might take many months. In many cases, settlement discussions continue throughout the legal process.
Receiving a decision - The jury will reach a decision after hearing your case and examining arguments from both sides. If the court passes judgment in your favour, it will decide how much compensation to award you.
Obtaining remuneration — Depending on the outcome of the case, you may be entitled to a lump sum payment or periodic payments of smaller amounts.
In Florida, how long does a settlement or trial take?
It's challenging to say because it depends on so many factors. After you and your attorney have completed the difficult task of gathering evidence, preparing and submitting the lawsuit should not take long. The main issue is filing within the statute of limitations. Most personal injury claims in Florida must be filed within four years of the accident, while medical malpractice claims must be filed within two years. Once a lawsuit is filed, the timer for pre-trial duties and trial dates begins to run. On average, the process from filing to verdict takes one to two years.
