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You’ve been hurt in an avoidable accident and decided to file a personal injury lawsuit against the at-fault party. Now what?
Your first step should be hiring a personal injury lawyer. Look for a lawyer who has experience litigating your type of claim; some personal injury attorneys choose to focus on a specific type of personal injury claims, like medical malpractice, semi-truck crashes, or mass torts.
Once you’ve found an experienced Port St. Lucie personal injury attorney, your claim will likely follow a few key stages, though the exact process can vary depending on the facts of your case.
Stage 1: Hiring an attorney
A personal injury claim is one in which one person sustains an injury due to the negligence of another person or entity (like a pharmaceutical company or consumer goods manufacturer) and suffers subsequent financial loss. If you weren’t physically injured, there’s a good chance you don’t have a case; the purpose of a personal injury lawsuit is to compensate an injured party for their losses, referred to as damages.
Don’t put off talking to a lawyer too long. You only have two years, per Florida’s statute of limitations, to file a personal injury lawsuit.
First, your lawyer will ask if you were hurt. If so, they’ll then determine if the at-fault party’s negligence was the factor in you sustaining injury.
If both of these factors are present, and your lawyer agrees to take your case, then you will sign a representation contract and officially become their client. They file your lawsuit in the county civil court in which the accident occurred. The defendant has 20 calendar days to respond to the petition unless they are a government entity or government official.
Stage 2: Investigation and case-building
Your lawyer must build a case against the at-fault party (the defendant), based on evidence and testimony, both eyewitness and expert witnesses.
Your post-accident medical records are a vital part of this claim-building, which is why it’s crucial to seek medical attention right after an accident. The records of your medical treatment demonstrate the extent of your injuries and the cost of care, which is used to value your medical damages.
Other documentation your lawyer may ask for includes:
- Receipts for any related expenses you incurred (like car repairs, specialist doctor appointments, etc.)
- Any pay stubs from the time you missed work due to your injuries
- A list of any witnesses and their contact information
- An official police report
- An incident report if the accident happened at a business or on government property
Stage 3: Sending a demand letter and opening negotiations
The next step is sending a Demand Letter to the at-fault party’s insurance company. The demand letter outlines the circumstances of the accident, the defendant’s negligent role in it, the extent of your medical bills, and your total damages (economic and non-economic).
A demand letter typically opens settlement negotiations. The defendant and their insurance company may respond in one of three ways:
- Agree that the defendant is liable for your damages, and that your lawyer’s settlement offer is fair. They pay your damages, and your case is over.
- Agree that the defendant is liable for your damages, but contest the amount you seek. Your lawyer and the insurance company’s lawyer may negotiate an acceptable compromise.
- Contest liability and refuse to settle. At this point, your case proceeds to trial.
At any point in the process, including after the personal injury trial begins (but before the jury begins to deliberate), the parties can agree to settle. Often, the information exchanged during the pretrial discovery phase is enough to bring the other party to the negotiating table.
Stage 4: Pretrial discovery and motions
Discovery is the evidence-swapping process; each side sends the other a list of documents they require (like your medical records), witnesses they wish to depose, and evidence they would like to see.
During the pretrial phase, each side has the chance to submit various motions for the case, such as petitioning to have certain pieces of evidence removed from consideration by the jury, or prohibiting the defendant from investigating your personal records that have nothing to do with the claim (like your criminal record).
Stage 5: Trial
If the plaintiff and defendant have not settled the case out of court before the trial date arrives, then the case goes to trial in civil court, before a jury of 12. Nine of the jury members must find in your favor to win.
Talk to a lawyer about your next step
The personal injury claim process can feel overwhelming, but you don’t have to go through it alone. If you’re still recovering or ready to file a lawsuit, the team at Lytal, Reiter, Smith, Ivey & Fronrath can guide you through each stage with clarity, compassion, and experience. Call us today at (561) 655-1990 for a free consultation with an experienced Florida personal injury attorney.