How the Personal Injury Process Works
Every personal injury case is different, but the process commonly involves several stages. Peterson & Myers can help with any type of Personal Injury case, even if you live outside Florida.
See how we helped one of our clients, Brittany Love, with her car accident and got her back on her feet after her physical recovery and insurance claims.
Here’s what you should know about the Personal Injury case process.
Step 1: Evaluating Your Case
Your attorney will begin by learning what happened and reviewing the available information.
This may include:
- Accident reports
- Medical records
- Photographs and videos
- Witness statements
- Insurance policies
- Employment and wage information
- Other evidence related to your injuries and losses
The goal is to understand the circumstances of your injury and determine whether you may have a viable legal claim.
Step 2: Investigating the Circumstances
A strong personal injury case requires more than simply knowing that someone was injured.
Your attorney may investigate:
- How the accident occurred
- Who may be responsible
- Whether other parties may share responsibility
- The extent of your injuries
- Available insurance coverage
- The impact of your injuries on your work and daily life
- Other potential sources of compensation
Depending on the case, this investigation may involve medical professionals, accident reconstruction specialists, economists, engineers, or other professionals.
Step 3: Understanding Your Damages
An injury can affect far more than your immediate medical bills.
Depending on the circumstances, damages may include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Permanent impairment or disability
- Other economic and non-economic losses recognized under Florida law
Your attorney will work to understand the full impact the injury has had—and may continue to have—on your life.
Step 4: Negotiating With the Insurance Company
Many personal injury cases are resolved without going to trial.
Your attorney can communicate with the insurance company, present the evidence supporting your claim, and negotiate on your behalf.
A settlement should be evaluated carefully. An offer that appears reasonable at first may not account for future medical treatment, lost earning capacity, or the full extent of your injuries.
Step 5: Filing a Lawsuit When Necessary
If a fair resolution cannot be reached through negotiation, filing a lawsuit may be necessary.
Litigation can involve:
- Filing a complaint
- Discovery
- Depositions
- Expert testimony
- Motions
- Mediation
- Settlement negotiations
- Trial
Having attorneys who are prepared to take a case to trial can be important when the parties cannot reach an acceptable resolution.
Step 6: Resolving Your Case
A personal injury case may ultimately resolve through settlement, mediation, or trial.
The appropriate strategy depends on the circumstances of your case, the evidence available, the extent of your injuries, and the willingness of the opposing party to reach a fair resolution.
If you want more information on how Peterson & Myers can help with your case, please fill out the form below or send an email to mbenton@petersonmyers.com