Personal Injury Lawsuit Process in Florida – A Step-by-Step Guide Step 1: Hire a Reputable Personal Injury Lawyer. Step 2: Complete Your Medical Treatment. Step 3: File an Insurance Claim. Step 4: Gather Evidence. Step 5: Negotiate a Settlement. Step 6: File a Lawsuit. Step 7: Complete the Discovery Process.
The Settlement Check Arrives at Your Attorney's Office Once the check from the insurance company arrives at your attorney's office, the attorney deposits the check into an escrow account. This ensures it has the funds to cover the check, so it remains there while the bank clears it.
Auto accident cases with clear fault and non-complicated injuries often settle within 6 to 9 months after treatment is complete. Cases involving commercial defendants, premises liability claims, and/or more complicated injuries take longer—9 to 12 months after medical treatment is complete.
In March 2023, the statute of limitations for personal injury claims that are based on the theory of general negligence changed from 4 years to 2 years, making the 2024 statute of limitations 2 years. Any accident that occurs after March 24, 2023, would be subject to this new 2-year statute of limitations.
A reasonable settlement offer is one that includes medical expenses, lost wages, pain and suffering, and property damage. While it varies from case to case, an experienced personal injury lawyers can help you find a reasonable amount for your case.
A variety of factors can affect what a reasonable settlement offer might be, including the following: Whether the injured plaintiff is partially liable. The extent and severity of the victim's injuries. The past and future likely costs of treatment. Whether the plaintiff is likely to fully recover or has fully ...
Florida does not have a cap on damages for pain and suffering personal injury claims. Relief for pain and suffering does depend on the type of personal injury case, the extent of the damages, and circumstances surrounding the accident.
Caps on Pain and Suffering in Florida For example, in medical malpractice lawsuits, Florida law caps non-economic damages (including pain and suffering) at $500,000 to $1 million, depending on the specifics of the case and the entities involved.
Most personal injury lawyers in California take between 33 to 40 percent of each settlement or award they win, but can go as high as 50 percent depending on the complexity of the case.
The Per Diem method puts a dollar amount on every day that you experience an injury due to an accident. It then multiplies that daily dollar amount by the total number of days that you have experienced pain and suffering, or likely will. Why don't we dive into some pain and suffering multiplier examples.