For most people, a personal injury claim is their first encounter with the legal system. It can feel overwhelming and opaque. Knowing what to expect can reduce anxiety and help you make better deci...
For most people, a personal injury claim is their first encounter with the legal system. It can feel overwhelming and opaque. Knowing what to expect can reduce anxiety and help you make better decisions. While every case is unique, most Florida personal injury claims follow a predictable path from the initial investigation to the final resolution.
Step 1: Investigation and Medical Treatment
The process starts immediately after the accident. Your priority is getting medical care. Simultaneously, your lawyer begins investigating: gathering police reports, video footage, witness statements, and insurance policy details. This phase lasts until you reach 'Maximum Medical Improvement' (MMI).
Step 2: The Demand Letter
Once your medical treatment is complete (or stable), your lawyer drafts a 'Demand Package.' This detailed document tells your story, outlines your injuries and costs, and demands a specific settlement amount from the insurance company.
Step 3: Negotiation
The insurance company will review the demand and typically respond with a counter-offer. This begins a period of negotiation. Many cases settle here. If the insurer offers a fair amount, the case ends. If they refuse to pay what you deserve, we proceed to the next step.
Step 4: Filing a Lawsuit
If negotiations fail, we file a formal complaint in court. This starts the 'litigation' phase. Note that filing a lawsuit doesn't mean you will go to trial; it just moves the case into the court system.
Step 5: Discovery and Mediation
Both sides exchange evidence (Discovery) and take depositions. Florida courts usually require 'Mediation'—a meeting with a neutral third party to try and settle the case before trial. Most lawsuits settle at mediation.
Step 6: Trial
If mediation fails, the case goes to a jury trial. This is rare (less than 5% of cases). The jury hears the evidence and decides the verdict.
Contact Emas Law Group Today
The legal journey can be long, but you don't have to walk it alone. Emas Law Group guides you through every step, handling the paperwork and the pressure so you can focus on recovering. We are with you from the first call to the final check.
Frequently Asked Questions
How long does this whole process take?
It varies. Pre-suit settlements can happen in 3-6 months. Litigation can take 1-2 years or more.
Do I have to go to court?
Most likely, no. The vast majority of cases are settled out of court. We only go to trial if it's necessary to get you fair compensation.
What is MMI?
Maximum Medical Improvement. It's the point where your doctor says your condition has stabilized and is unlikely to improve further. We usually wait for MMI to value the case accurately.