Florida Personal Injury Attorneys

SOURCE: Dolman Law Group

The underlying purpose of Florida personal injury law is to compensate individuals who sustained injuries as a result of someone else’s negligence. Personal injuries can vary widely, and often include traumatic brain injuries, spinal cord injuries, fractures, soft tissue injuries, or even simple bumps and bruises.

An individual can sustain personal injuries in a variety of accidents, from car and truck accidents to boating accidents to slip and falls. In any case, the personal injury plaintiff must prove that the at-fault party or parties acted unreasonably in causing the injuries and damages. The Florida personal injury process primarily involves the following:

• Filing a claim

• Attempting to negotiate a favorable settlement offer

• Filing a lawsuit with the court

• Litigating the case

• Trying the case or pursuing alternative dispute resolution (for example, in cases where the insurance company refuses to place an acceptable • settlement offer on the table)

If you or someone you love has sustained personal injuries in Florida that resulted from someone else’s negligence, the law may entitle you to recover monetary compensation. Personal injury cases can be long and complex, however, and you need a skilled, experienced litigation attorney by your side every step of the way. The Florida personal injury attorneys at Dolman Law Group can help to streamline the personal injury process for you and may bring your case to a favorable resolution via settlement, alternative dispute resolution or, if necessary, trial.

Filing a Claim for Personal Injuries

Before a lawsuit is ever filed in a Florida personal injury case, the injured accident victim will usually need to file a claim with the at-fault party’s insurance company. For example, if you are involved in a car accident that was not your fault, you will most likely negotiate with the at-fault driver’s insurance company.

Filing a claim for personal injuries places the at-fault driver’s insurance company on notice of a potential lawsuit. Once a claim is filed and the injured plaintiff finishes all medical treatment and physical therapy, the plaintiff’s attorney will then make a request for all medical records and bills from the plaintiff’s various treatment providers.

In car accident cases, if the at-fault driver was uninsured or underinsured at the time of the accident, the personal injury plaintiff may file an uninsured—or underinsured—motorist claim against her own insurance company.

Demand Packages

After you have finished treatment for all of the injuries you sustained in your accident, and once all treatment medical records and bills have been received, a Florida personal injury attorney can assemble a settlement demand package and send it to the claims adjuster who handles the case for the insurance company. In addition to the demand package, the attorney will send a letter of introduction that states an initial monetary demand for settlement. In serious personal injury cases, the attorney may make a demand for the insurance policy’s limits. In any case, the personal injury attorney will most likely ask for more money than what the client actually deserves. An initial settlement demand package will also include copies of all pertinent medical bills, medical records, and lost wage documentation.

Negotiating a Personal Injury Settlement

Assuming the at-fault insurance company concedes liability in a personal injury case, soon after the adjuster reviews the injured plaintiff’s settlement demand package, victims can expect an initial settlement offer. The purpose of an initial settlement offer is to get the ball rolling, so to speak. You should never accept an insurance adjuster’s initial settlement offer (unless the case offer is for policy limits), since these offers are routinely low.

After the adjuster makes an initial settlement offer, the plaintiff’s attorney will make a counter-demand that will be lower than the initial demand. These negotiations between the plaintiff’s attorney and the insurance adjuster typically go back and forth until such time as the parties reach an agreement to settle—or the parties reach an impasse. Settlement negotiations can last for a few weeks or for many months. The length of time usually depends on the nature of the injuries sustained and the complexity of the personal injury case.

Filing a Lawsuit and Litigating a Personal Injury Case

If the insurance company and the injured plaintiff cannot agree to settle a personal injury claim, then the injured plaintiff can file and litigate a lawsuit in the Florida court system. Just because a plaintiff’s attorney files a lawsuit in the court system does not necessarily mean that the case will ultimately go to court. On average, about 90 to 95 percent of Florida personal injury cases are never tried and are typically resolved out of court via settlement.

Personal Injury Jury Trials in Florida

If the parties decide to proceed to a jury trial, keep in mind that Florida jury trials can be long and tedious. The decision about whether to settle a case or take it to trial is intensely personal. A Florida personal injury attorney will help you weigh the pros and cons of going to trial and can assist you with making your decision.

The primary components of a Florida civil jury trial include the following: pretrial motions and depositions, jury selection, opening statements, examination and cross-examination of witnesses, recitation of the appropriate jury instructions, closing arguments, jury deliberations, and jury verdict.

Contact a Florida Personal Injury Attorney for a Free Initial Consultation and Case Evaluation

The knowledgeable Florida personal injury attorneys at Dolman Law Group can meet with you to discuss your case and may pursue monetary compensation on your behalf—whether that be via settlement, litigation, trial, or alternative dispute resolution. To schedule a free consultation or case evaluation with a Florida personal injury attorney, please call at (727) 451-6900 or contact Dowman Law Group online.

Desenvolvido por: EBGE - Editora Brasileira de Guias Especiais | (81) 3097.7060 | sac@ebge.com.br