Personal Injury Timeline

Accident > Treatment > Claims Phase > Litigation > Trial > Recovery

Accident

After the incident it is important to contact the proper authorities and relay all relevant information to them. Upon doing so make sure to contact an attorney so that they may provide you with the proper advice and alert your insurance carriers of what has occurred.

Treatment

To fully recover (if possible) and aid your injury claim, it is essential to treat all injuries as soon as possible. You may need to seek treatment from medical providers such as chiropractors, orthopedics, surgeons and even mental counselors. Your initial medical bills will be covered under your Personal Injury Protection insurance plan. This plan typically covers 80% of the entire medical bills up to $10,000.00. If you also have Med Pay coverage your bills may be covered 100% depending on the scope of your injuries.

Claim

Once your medical bills exceed $10,000.00 you may be able to postpone payments until your attorney settles the personal injury claim with with the at-fault driver’s Bodily Injury insurance provider. During this phase of your Personal Injury process, we will be negotiating on your behalf to work out the best possible recovery for your case. This part is time consuming, but with proper patience and competence it is a crucial step in your rehabilitation process. Please be advised that the average personal injury claim takes six to twelve months to conclude during the claims process with the insurance carrier of the at-fault party.

Litigation

If the claim process is exhausted and no settlement is forthcoming, the case may enter the litigation stage. Due to the congested civil court systems in Florida, a case may take more than one year to reach trial from the initial filing of a Complaint by the attorney of the injured party. Once an Answer to the initial Complaint is filed by the attorney representing the at-fault party, the litigation stage commences. When a case is being litigated, many pleadings and motions are filed. In almost all cases depositions are taken in which the injured party, witness and treating physicians are questioned about their knowledge of the accident and injuries. Once all evidence and statements are collected by both sides, the case may go to mediation to determine if the parties can reach a settlement. Litigation is a very long, time consuming and expensive process. However it may be necessary for an injured party to obtain sufficient recovery for their injuries.

Trial

If a settlement is not reached through litigation, then the case will proceed to trial. The majority of cases will settle prior to this stage of a case, but in the event that negotiations become fruitless your matter may be heard before a jury. In this phase you will be called to attend court hearings that will include testimony from all parties deemed relevant, who have been deposed in the litigation stage. You may be forced to testify. Recovery from a jury is not guaranteed but our office will give its best efforts to make sure you are properly compensated.

Recovery

Once you have collected a settlement or judgment and paid all your medical providers, your Personal Injury case is over. Unfortunately, not all injured parties are lucky enough to fully recover from their injuries and some are forced to seek ongoing medical treatment for injuries which have an elongated healing process. Our firm will do its best to provide you with the proper resources so that future medical expenses are accounted for in your recovery.