If you have been injured in an accident, you may be wondering how long it will take to get your personal injury claim settled. The process of filing a personal injury claim and reaching a settlement can vary depending on the facts of your case.
No one can predict exactly how long it will take to resolve your claim. However, At The Fran Haasch Law Group, we can ensure that your claim is handled correctly and efficiently. If you have been injured in an accident, contact a personal injury lawyer today to discuss your case.
What is a Personal Injury Claim?
A personal injury claim is a legal process used to seek compensation for damages caused by an accident. If you have been injured in an accident, you may be able to file a claim against the insurer of the responsible party.
Why Should I File a Personal Injury Claim?
There are many reasons you should file a personal injury claim if you have been injured in an accident. First and foremost, filing a claim can help you recover the compensation you need to pay for medical bills, lost wages, and other damages.
In addition, filing a claim can hold the responsible party accountable for their actions. You can help prevent the responsible party from causing future accidents by taking legal action.
What Steps Should an Accident Injury Victim Take After an Accident?
After you have been injured in an accident, there are a few important steps that you should take to protect your rights and ensure that your claim is handled properly.
Seek Medical Treatment
The first step you should take after an accident is to seek medical treatment for your injuries. Even if you do not think that you have been seriously injured, it is important to see a doctor or other medical professional as soon as possible.
A medical professional can document your injuries and begin treating them. This documentation will be important if you decide to file a claim.
Get the Contact Information of Any Witnesses
If there were any witnesses to your accident, it is important to get their contact information. These witnesses can provide valuable testimony about what happened and help to establish liability.
Take Pictures of the Scene of the Accident
If you are able, you should take pictures of the accident scene. These pictures can help prove how the accident happened and who was at fault.
Get a Copy of the Accident Report
If the police responded to the scene of your accident, they would likely file an accident report. This report can help establish liability and document the facts of the accident. You can typically get a copy of the accident report from the police department.
Contact an Experienced Personal Injury Attorney
It is important to select a lawyer who has experience handling personal injury claims in Florida. This experience will ensure that your claim is dealt with properly and efficiently. Your lawyer will also be able to answer any questions that you have about the process and help you understand what to expect.
These are just a few of the important steps that you should take after an accident. Once you have taken these steps, you can begin to think about whether or not you want to file a personal injury suit.
How an Experienced Personal Injury Lawyer Can Help
If you have been injured in an accident, it is important to seek the help of a lawyer. A personal injury lawyer can help you prove fault and get the compensation you deserve. A personal injury attorney will also know how to deal with the insurance company and get you a personal injury settlement that is best for you.
Filing a Personal Injury Lawsuit
Once you have selected a lawyer, they will begin the process of filing your claim. This claim will be filed with the insurance company of the person who caused the accident. The insurance company will then have a certain amount of time to respond to the claim.
The Insurance Company’s Investigation
Once the insurance company receives your claim, they will begin their own investigation. This investigation may include sending an insurance adjuster to the accident scene and interviewing witnesses. The insurance company will also look at your medical records to determine the extent of your injuries.
The Discovery Process
After the insurance company has filed its response, the discovery process will begin. This process may include depositions, interrogatories, and requests for the production of documents. The discovery process will allow both sides to learn more about the case and prepare for trial.
The parties may file various motions with the court during the discovery process. These motions can be used to request a ruling on specific issues in the case. For example, one party may file a motion for summary judgment. This motion can be used to ask the court to rule in their favor without having a trial.
It is important to remember that most personal injury cases are resolved through negotiation rather than trial. Your lawyer will work with the insurance company to reach a fair settlement for you. If a settlement cannot be reached, your lawyer will be prepared to take the case to trial.
If you cannot settle, mediation may be an option. Mediation is a process where both sides meet with a neutral third party. This third party will help the parties to try to settle. If mediation is unsuccessful, the case will go to trial.
Go to Trial
If the case is not resolved through the discovery process or by way of a motion, it will go to trial. A personal injury trial occurs before a judge or jury, and both sides will have an opportunity to present their case. After hearing all the evidence, the judge or jury will decide the case.
If either party is unhappy with the decision in the case, they can file an appeal. A higher court will hear this appeal, and that court will decide on the case.
Other Factors That May Impact the Length of Your Case
Several other factors may impact the length of your case.
Legal Issues With Your Case
If there are legal issues with your case, it may take longer to resolve. For example, if the other side challenges the statute of limitations or raises other defenses, it may take longer to resolve the case.
The Severity of Your Injuries
The severity of your injuries can also impact the length of your case. For example, if you were in a car accident and suffered a spinal injury, it may take longer to settle than a whiplash injury.
Maximum Medical Improvement (MMI)
MMI is when your doctor determines that your injuries are not going to get any better. It’s best to wait until you reach maximum medical improvement. If you have not yet reached maximum medical improvement, it may take longer to settle your case.
This allows your lawyer to calculate your damages with all medical expenses taken into account. Once you reach MMI, you will be able to obtain a settlement offer from the insurance company.
The Insurance Company’s Position
The insurance company’s position can also impact the length of your case. If the insurance company is not willing to settle for a fair amount, it may take longer to settle. However, if the insurance company is willing to settle for a fair amount, you may be able to settle more quickly.
The Statute of Limitations in Florida
The statute of limitations is the time period in which you must file a lawsuit. In Florida, the statute of limitations for most personal injury cases is two years from the accident date. If you do not file your lawsuit within this time period, you will be barred from doing so.
Wrongful Death and Medical Malpractice Cases
The statute of limitations for wrongful death and medical malpractice is two years. Additionally, wrongful death and medical malpractice cases can take longer than other types of personal injury cases. These cases are often more complex and may require expert testimony.
Comparative Negligence in Florida
Florida has recently adopted a new “greater percentage of fault” system, replacing the previous pure comparative fault model under HB 837, effective from March 2023. This updated system bars a party from recovering any damages if they are found to be more than 50% responsible for their own harm. Let’s say you receive $100,000 in damages, but you are deemed 20% culpable; in that situation, you will only get $80,000. However, if you are found to be 51% at fault, you will not recover any damages. To demonstrate that the other party was more than 50% at fault for the accident, it is imperative to have an experienced attorney by your side.
How to Prove Fault in Your Case
If you have been injured in an accident, it is important to prove that the other party is at fault. There are a few ways to do this.
- Show that the other party breached a duty of care. This means that they did not act as a reasonable person would have under the same circumstances.
- Show that the other party’s breach of duty caused your injuries. This means that you would not have been injured if it weren’t for the other party’s actions.
- Show that the other party’s breach of duty resulted in damages. This means that you suffered some loss because of the other party’s actions.
Proving fault can be difficult, but it is important to do if you want to receive compensation for your injuries. When you contact a law firm, a lawyer can help you prove fault and get the compensation you deserve.
What Evidence Can I Use to Prove Fault?
A few types of evidence can be used to prove fault.
- Eyewitness Testimony – If there were eyewitnesses to the accident, their testimony could be used to prove fault.
- The Police Report will contain information about the accident and how it happened.
- The Accident Report will contain information about the accident and how it happened.
- Photographic Evidence includes pictures of the accident scene, damages, and injuries.
Can a Personal Injury Claim be Settled Before Trial?
Yes, most claims are settled before trial. However, if a settlement cannot be reached, your lawyer will be prepared to take the case to trial.
What is the Difference Between a Settlement and a Trial?
A settlement is an agreement between the parties in which they agree to resolve the case without going to trial. A trial is a proceeding in which the parties present their evidence to a judge or jury, and the judge or jury makes a decision in the case.
What if I Cannot Reach a Settlement?
If you cannot settle, your case will go to trial. Your lawyer will be prepared to take the case to trial and present your evidence to a judge or jury. After hearing all the evidence, the judge or jury will decide the case.
Damages You Can Recover in a Claim
If you are successful in your claim, you may be able to recover damages for:
If you have been injured in an accident, you may be able to recover your medical expenses. This includes the cost of any hospitalization, surgery, medication, and rehabilitation.
If you have been injured in an accident and cannot work, you may be able to recover your lost income. This includes any wages you would have earned had you not been injured.
Pain and Suffering
You may also be able to recover damages for your pain and suffering. This includes any physical pain, emotional distress, and mental anguish you have experienced due to your injuries.
In rare cases, you may also be able to recover punitive damages. Punitive damages are designed to punish the wrongdoer and deter future misconduct.
How Long Does it Take to Settle a Personal Injury Claim?
The length of time it takes to settle a personal injury claim depends on many factors, including the severity of your injuries, how much insurance coverage is available, and whether the parties can reach a settlement.
Contact a Personal Injury Lawyer Today
It is important to note that every case is different, and the amount of time it takes to resolve a case will depend on the specific facts of your case. If you have been injured in an accident, it is important to speak with an experienced personal injury lawyer who can help you understand the specific time frame for your case.
If you feel you have been the victim of an accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact us online to get started on receiving maximum compensation for your personal injury case.