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The Process Of A Personal Injury Case In Florida

Being faced with a personal injury lawsuit case in Florida can be a stressful experience, even to those who have equipped themselves with the best Florida personal injury lawyer. Getting to know the process, however, can make the experience much less stressful, and we want to breakdown the process for you to show you that a personal injury lawsuit is nothing to worry over. A personal injury lawsuit can help you to get the compensation you deserve, making it a process that is worthwhile regardless of what the process entails.

The Accident

The first step of the process, naturally, is the accident, and the injury that occurs. This is undoubtedly the most stressful part of the process, but it’s important to stop, collect your thoughts, and consider evidence collection. If your accident injures you to a point where you cannot collect evidence yourself at the time, that’s okay, and the evidence collection process can be carried out by a witness, a passenger, or after the accident occurs and you’re in a better state to begin collecting evidence yourself.

Seeking Medical Attention

If you wish to pursue a personal injury lawsuit after an accident, you must seek medical attention as soon as possible after the accident occurs. Have photos taken of your injuries, no matter how small they may seem, and have your medical professionals attest to your injuries and their level of severity. Even if you do not seek a personal injury lawsuit after an accident, refusing medical attention after an accident can limit your ability to receive compensation from your PIP insurance of up to $10,000. In cases of traumatic brain injuries, you may not realize the severity of your injuries right away, tempting you to refuse medical attention, but you could have a more serious injury lurking beneath the surface.

The bottom line? Always seek medical attention after an accident, no matter how big or how small the accident may seem at the time.

Consulting A Personal Injury Attorney

Once you’ve sought medical attention, it’s then time to seek out a trust Florida personal injury attorney. Your attorney will help to walk you through your potential case, your evidence collection process, and what types of damages you can expect if your accident was caused by another party’s negligence. According to the Insurance Research Council, a person who seeks the assistance of a personal injury attorney receive a settlement 3.5 times larger than those who represent themselves or go through insurance claims adjusters without legal representation.

Filing Your Lawsuit

Once you have your Florida personal injury attorney at your side, you’ll then figure out your desired settlement and begin the filing of your lawsuit. The filing is initiated with a filing of a complaint at the circuit court of the county your accident occurred and is normally taken care of by your personal injury attorney.

Discovery Process

Once the lawsuit has been filed, the discovery process begins. During discovery, each party in the lawsuit investigates the other, as well as their evidence and what their legal claims or defenses may be. Both personal information and information regarding the accident will be investigated, and witnesses may be contacted and questioned by the opposing party’s lawyers.

Mediation And Arbitration

Once the discovery process is finished, both parties will then attempt to settle out of court on a settlement. Florida court systems will often require both parties to try to reach a settlement through mediation before bringing the case to court, and only if an agreement cannot be reached, then take the lawsuit before a court to trial. Most personal injury cases settle in the mediation process, and an agreeable settlement is reached by both parties that cover the injured party’s damages.


If settlement cannot be reached in mediation, the case will then be taken to trial before a Florida court of law. A trial can last for a mere few hours, or as long as a few months, but the assistance of your personal injury attorney at this time is crucial.

With your personal injury attorney, the process of a personal injury case is made much simpler and gives you a much better chance at reaching an agreeable settlement. If you’re in need of a personal injury attorney, simply contact us at today to see what we can do for your Florida personal injury case.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Process Of A Personal Injury Case In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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