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Timeline of a Personal Injury Case

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Posted By SalterHealy | June 6 2022 | Personal Injury

If you or somebody you care about has sustained a serious injury caused by the careless or negligent actions of another individual or entity in Florida, it may be necessary to file an insurance claim or personal injury lawsuit in order to recover the compensation you need. You may also be wondering how long it will take for you to recover this compensation. Here, we want to discuss what you can expect concerning timelines for a personal injury claim in Florida.

Working on a Settlement With Insurance Carriers

The vast majority of injury claims in Florida will be resolved through a settlement with an insurance carrier involved in the case. For car accidents, this will include auto insurance carriers. However, other insurance carriers involved in the personal injury claim could include commercial or business insurance carriers, homeowners insurance carriers, renter’s insurance carriers, and more.

When a claim is resolved through a settlement with an insurance carrier, this will typically happen quicker than cases that go through to a personal injury jury trial. 

Insurance carriers will conduct their own investigation into the incident. If their policyholder is clearly at fault, the claim could be paid out quickly within a few weeks. However, there are several factors that could delay a claim payout. Insurance carriers are notoriously difficult when it comes to settling claims, and if fault is in dispute even just a little bit, the claim could be delayed for months or even more than a year.

A Personal Injury Lawsuit May Become Necessary

In the event an insurance carrier does not offer a fair settlement, or if they deny the claim altogether, the injury victim may need to file a personal injury lawsuit in Florida’s civil court against the at-fault party.

When a lawsuit gets filed, this starts a different type of time frame. There will be a discovery process that happens, which is when both sides will exchange information and evidence with one another. Even after a lawsuit gets filed, most personal injury claims are resolved before they go all the way to a jury trial, whether that resolution comes through a settlement or the case being dropped. The outcome will depend on the type of evidence gathered and whether or not one or both parties feel motivated to settle the claim.

In the event an insurance carrier or the at-fault party refuses to offer a fair settlement during this process, the case may have to go all the way to a jury trial. A judge could order mediation between the two parties, and there may be a resolution as a result of the mediation. However, if a jury trial becomes necessary, it could take years after the initial incident for the case to reach the courtroom. 

Why You Need a Lawyer

It is critical for you to work with a skilled personal injury lawyer in Florida as soon as possible if you sustain an injury caused by the negligence of another party. A skilled lawyer will help you work through every step of the claim, including the investigation, negotiations, and preparation for a trial, if one becomes necessary. Your lawyer will work diligently to make sure you recover compensation for your medical bills, lost wages, pain and suffering losses, property damage expenses, and more.

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