The Step by Step Guide to Your Personal Injury Claim
In the state of Florida, the legal world has gone through countless changes throughout the past few years – some good, and some bad – depending on which of the claim you find yourself on. According to experts like Ms. Anissa Morris, the top personal injury lawyer Land O’Lakes Florida has in practice, much of the adjustments are a direct result of the rise in lawsuits and personal injury claims. One look at the statistics, and many would think that Florida has seemingly become far more dangerous within the past few years than ever before – in some cases, you would be right. And while attorneys like Charles Spinner and Anissa Morris, considered to be the top personal injury lawyer Land O’Lakes has to offer, have been able to help clients recover amazing monetary settlements over the years, it hasn’t been an easy process and there are just as many lawyers who haven’t had anywhere near the success. This is why, regardless of where you are in the country, its vital that you seek out the counsel of an attorney or law firm that is not only experienced but those who are constantly keeping up with the changes in the system. And unfortunately, with so many cases on the docket in most municipalities in Florida, even if you’ve hired the top personal injury lawyer Land O’Lakes has to offer, you might find yourself waiting quite a long time to reach any type of resolution. Learn more about the entire process below.
The fact of the matter is that as a victim in a personal injury claim, time is not on your side at all. While it differs in every state, the statute of limitations in the state of Florida (for personal injury claims) is four years, however, if you are filing a claim against the government, then you only have three years so keep that in mind. Also, according to Ms. Morris, considered the best personal injury attorney Lutz has to offer, no personal injury case is similar to another – the injuries, the fact patterns, the parties involved, the damages sought and more, can all differ greatly, affecting the case. Considering this, your claim can be resolved within a few weeks or a few years – with an average of 1 to 2 years being the norm. The best thing an individual can do is to start the process as soon as possible, as there are some important steps that need to be taken right away.
· The Right Attorney
The first major step in a case, after the accident occurs of course, is to find an experienced, well-reviewed attorney who has experience WINNING your type of personal injury claims. If you break any bones or are out of work for at least a few days in a row, and have accrued thousands in medical bills – hiring a lawyer is vital. As the best personal injury attorney Lutz has in practice, Ms. Anissa Morris, will begin the process immediately – filing suit, and working on putting together the necessary elements for a winning case.
· Beginning Your Case
Having a quality attorney like Ms. Morris ensures you have someone who will work hard for your case, and will do her absolute best to make sure you not attain justice, but the monetary compensation you deserve – as the best personal injury attorney Lutz has to offer, Ms. Morris a huge asset to your case. Having a strong attorney, especially one with local ties, is crucial at this point, as they may have relationships within the courts that can help get things done faster or they might have knowledge of judges and the other attorney working for the defense. To start the case, it will require a lot of paperwork on the part of your attorney – and the court and the defense will then have the right to file certain motions, even to dismiss the case or alter factors such as jurisdiction, venue and the parts of the process. A solid attorney will work to keep the factors in your favor as best they can.
· Discovery & Trial
The discovery period might be 6 months to a year or even longer, depending on the case and either party. This process will entail gathering of facts and evidence, producing important documents such as a police report & medical records. Also, your attorney will likely want to take witness statements and depose certain individuals. They will also investigate the facts of the case, especially those where there might be some disputes, while also possibly trying to recreate the accident – providing everyone with a better understanding of what took place, and what may not have been able to take place. Once things are completed on your side you will exchange documents, and there will some response from the other side. Also, you will likely have to hand in a medical prognosis from a medical expert, the other side may do so as well./ at this point, once the other side sees your cards and what you plan to bring to court, they may want to try and settle – this is also a good idea for the victim’s side as well, as they will get to avoid court entirely and receive some type of compensation. When going through the process of mediation, most cases will likely be settled, in the event you feel your case is stronger than what the other side has agreed to being a solid settlement figure, you may want to continue to trial. As the case goes on, settlement talks will also occur throughout, especially if one side feels they may be at risk of losing and may want to simply avoid anymore court time.
· Verdict & Collections
In the event a settlement cannot be reached, either due to sides disagreeing or the fact that either side believes their case strong enough to win it outright, a verdict can take years to be reached in some cases. Most likely however, within a year or two from the beginning of the process, and the plaintiff wins, they will be awarded a sum of money, based on the jury’s discretion. In some cases, the judge may also step in as well – as he will also decide if the payment is to be made in a lump sum or through payments. In the event the defense loses, they may appeal the verdict, and they may even be able to get a new trial or possibly a settlement from the other side.
The personal injury claim process is a long and arduous task, and this is often why victim’s will generally take a settlement, also why most defendants would rather offer a settlement as well. For more information on personal injury cases, or to schedule a consult, contact Ms. Anissa Morris, Esq. today.