If you have been hurt in an accident, you may be entitled to recover significant compensation for your injuries. Whether you are hurt in a car accident, slip and fall accident, or some other type of accident, you are entitled to hold the responsible party accountable. After all, you could be facing tens of thousands of dollars in medical bills and lost wages.
While simple claims can usually be resolved in 90 days or less, more complex claims can take months or even years. That being said, most personal injury claims follow the same general steps. Keep reading below to learn more about the timeline of a personal injury case.
1. Accident Occurs
No one expects to be involved in an accident, but it can happen in the blink of an eye. Some accident victims are left with devastating injuries, and many never fully recover from their injuries. This is usually the beginning of a personal injury case.
If you are able, you should gather as much evidence from the accident scene as possible. This may include photos of the scene, photos of your injuries, and contact information from any witnesses. Preserving this evidence can be crucial to getting all the compensation you are owed.
2. Seek Immediate Medical Treatment
It is important that you seek medical treatment right away for your injuries. Remember that some injuries might not be immediately apparent, so it is always a good idea to get checked out even if you think you “feel fine.”
If you wait to seek treatment, it can be difficult to prove that your injuries were the direct result of your accident. Plus, the insurance company will try to minimize the value of your claim if you refuse treatment right after your accident.
3. Seek Help From an Experienced Personal Injury Lawyer
The next step you should take in your personal injury case is to seek help from an experienced lawyer. Most lawyers offer free consultations, so it will not cost you anything to learn more about how a lawyer can help.
An experienced lawyer can help you by:
- Investigating your accident
- Helping you gather all necessary evidence
- Putting a proper value on your claim
- Filing all necessary paperwork for the claims process
- Negotiating a top-dollar settlement
- Filing a lawsuit when necessary
While a lawyer is not always necessary for simple claims, you should always talk to a lawyer before signing any paperwork or accepting any settlement offers.
4. Perform an Investigation
This is where the claims process really starts. Your lawyer will launch a thorough investigation into your accident to determine exactly what happened and who may be liable. Some claims, such as medical malpractice or defective product claims, require proving very specific facts. During the investigation process, your lawyer can help gather the necessary evidence to prove these facts.
Additionally, you can begin to obtain copies of your medical records to prove the extent of your injuries. It is important that you are completely honest with your lawyer during this time. Hiding information or failing to share pertinent details with your lawyer can have a big effect on your ability to recover compensation.
5. File a Claim or Demand Letter
Once you have enough evidence to support your case, you can file a claim with the insurance company or issue a demand letter to the defendant. This notifies the insurance company or at-fault party of your claim.
The insurance company will investigate your claim and might make you a settlement offer. Your lawyer can help put an accurate value on your claim and can advise you on whether to accept the settlement or make a counteroffer.
6. File a Personal Injury Lawsuit
If you are unable to reach a settlement of your claim, your lawyer will go ahead and file a personal injury lawsuit. Florida law generally requires that personal injury lawsuits be filed within two years of the accident, although many claims are filed much sooner..
While filing a lawsuit can extend the length of time it takes to get compensation, sometimes it is the only option that will make the insurance company take your case seriously.
7. Both Sides Perform Discovery
During discovery, both parties use various techniques to uncover evidence and learn more about their case.
Common methods of discovery are:
- Interrogatories
- Requests for admission
- Requests for production
- Depositions
Discovery can take a few weeks to several months, depending on the complexity of your case.
8. Begin Settlement Negotiations
Next, both parties may begin to enter into settlement negotiations.
Some common methods used are:
- Negotiation
- Mediation
- Arbitration
Sometimes the court may require that the parties engage in mediation or other dispute resolution techniques to help resolve the case.
9. Personal Injury Trial
Finally, your case may conclude at a personal injury trial. The vast majority of cases never make it all the way to trial because most are settled before that. It is usually in the best interest of both parties to settle prior to trial because the outcome of trial is so unpredictable. When a case settles, both parties have a say in the final outcome.
Contact the Jacksonville Personal Injury Lawyers at Coker Law Personal Injury Lawyers for Help Today
After an accident, contact the experienced team at Coker Law Personal Injury Lawyers for the help you deserve. We have recovered hundreds of millions of dollars in compensation on behalf of our clients, and we are ready to get started helping you today.
Call us now to schedule a free consultation with a Jacksonville personal injury lawyer and let us put our experience to work for you.
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
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ABOUT THE AUTHOR
Attorney Howard Coker is the founder of Coker Law Personal Injury Lawyers. A graduate of the University of Florida College of Law, he has dedicated his career to representing individuals in serious personal injury cases. With more than four decades of courtroom experience and over 350 jury trials, Howard is recognized as one of Florida’s top trial attorneys. His commitment to justice ensures every client receives the strong, personalized representation they deserve. Check our recent case results.
Location: Jacksonville, FL