How Personal Injury Cases Work

Step-by-Step Guide to the Claims Process

When minor “fender benders” occur, the claims process is typically straightforward. This is particularly true in Florida, where most drivers are reimbursed through their own insurance companies. However, the personal injury claims process becomes much more complex when serious injuries or losses occur, whether in a car accident or other injury event. 

Understanding an injury case timeline/process is critical for knowing what to expect. The last thing you want during this time is surprises, and our law firm can help minimize these. 

Initial Consultation and Case Evaluation

If you or a loved one has sustained injuries due to another person’s negligent, willful, or reckless actions, your first step should be visiting a doctor. However, reaching out to a personal injury attorney should be your next step. 

During your initial consultation, the lawyer will evaluate your case and help you understand your options. This is critical for learning how to best move forward. 

Investigation and Evidence Gathering

Once a personal injury attorney takes on your case, they’ll begin investigating what happened to you and collecting evidence. This is a critical aspect of the personal injury claims process, as it builds the foundation for any settlement negotiations or litigation that comes after. 

Your attorney may conduct accident reconstruction, contact eyewitnesses, gather photographic and video evidence, review medical documents, and collect any other information that would prove beneficial to your case.   

Demand Letters and Negotiation

After your attorney’s investigation is complete and your injuries have stabilized (at least somewhat), your lawyer will typically send a demand letter to the at-fault party’s insurance company. This letter often includes: 

• The facts of the case. 
• Your injuries and treatment. 
• The financial and non-economic damages you suffered. 
• The compensation being requested. 

The insurance company will then accept, reject, or make a counteroffer. This is often the only necessary step for those filing personal injury claims. Attorneys settle most cases. Unfortunately, this isn’t always possible. 

Filing a Lawsuit (If Necessary)

If a resolution cannot be reached via settlement negotiations, your attorney will file a lawsuit on your behalf. This can lengthen the personal injury claims process, but it’s sometimes an essential step for getting the compensation you deserve. 

It’s worth noting that no-fault laws in Florida mean specific criteria must be met to file a car accident lawsuit. Other injury cases do not have this requirement, and if you’ve suffered serious injuries, no-fault laws will likely not hinder your case. 

Settlement and Resolution

Settlements are by far the most common outcome in these cases. They greatly simplify things because you avoid the personal injury lawsuit procedure. However, a lawsuit may become necessary. 

Understanding Settlements and Compensation

When accepting a settlement, the plaintiff essentially agrees not to sue in exchange for a specific amount of money. Compensation typically includes: 

• Medical bills (past and future) 
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

Negotiating with insurance companies is ideal for many reasons. Perhaps the plaintiff shared some level of fault, or maybe hazardous weather conditions made liability questionable. Then again, you might just want to avoid waiting for a lawsuit to conclude. 

Either way, settling is often the right decision. 

When Going to Trial Becomes Necessary

Although rare, some personal injury cases do go to trial. This becomes necessary if liability is disputed or the insurance company refuses to offer a reasonable settlement. The big difference between settlements vs. trials is that the former involves both sides reaching an agreement. 

When a trial becomes necessary, both sides will present evidence (e.g., depositions, eyewitnesses, etc.), and the judge will make a final decision. Trials typically result in higher compensation. Your attorney will help you understand the pros and cons of this route. 

A judge may award damages for financial losses (medical bills, lost income, etc.), non-economic losses (pain and suffering, loss of companionship), and even punitive damages. Punitive awards are a punishment for egregious acts and can greatly increase compensation.

Finalizing Your Case: Timelines and Expectations

Every case is unique, but personal injury cases can take anywhere from a few months to a few years to resolve. The eventual timeline will depend on: 

• Complexity of the case. 
• The severity of the injuries. 
• Whether a lawsuit becomes necessary. 
• Responsiveness of insurance companies. 

Once a settlement or verdict is reached, the final steps include signing release forms, receiving payment, and satisfying any medical liens or outstanding bills. Your attorney will walk you through the final phase to ensure everything is tied up nicely. 

Tips for Successfully Navigating Your Claim

Navigating the personal injury claims process can be incredibly stressful. Delays, common mistakes, and other issues can slow or derail your case. Understanding these pitfalls can help you avoid them. 

Common Delays and How to Avoid Them

Statutes of limitations aren’t the only reason you want to avoid delays. Evidence tends to disappear or degrade over time. Therefore, avoiding the following delays to the personal injury claims process is critical: 

• Incomplete or missing medical records. 
• Unresponsive insurance adjusters. 
• Disputes over fault. 
• Delays in treatment or recovery. 
• Missed filing deadlines.

Fortunately, your attorney can focus on minimizing these delays. A swift resolution is always preferable. Let your legal advocate help you get there. 

Other Mistakes to Avoid

Delays aren’t the only issues you might encounter. There are countless mistakes to avoid if you want a positive outcome, and your lawyer can help you steer clear of them: 

• Failing to file a police report. 
• Not following medical advice. 
• Giving a recorded statement without an attorney. 
• Posting on social media. 
• Settling too early.
• Misrepresenting the facts. 
• Talking to the defendant directly. 
• Ignoring deadlines. 
• Hiring the wrong lawyer.

Whether settlement negotiations or the personal injury lawsuit procedure is appropriate in your case, avoiding these mistakes may help you reach a more favorable outcome. 

Working Effectively With Your Attorney

Your attorney is your greatest ally during the personal injury claims process. To get the most out of this relationship, make sure to: 

• Be honest from the start about your injury and background.
• Respond to requests promptly.
• Keep your attorney informed of any updates to your medical condition.
• Ask questions when you don’t understand something.

Remember, the truth will always come out. This could be through cell phone records, unexpected eyewitnesses, or other surprises. The important thing is to remember your attorney works for you, so make sure you’re working with them. 

At Kanner & Pintaluga, we’ll work hard to secure every bit of compensation you deserve. Contact us today to schedule a free consultation.