If another party caused your injuries in an accident, they can be held accountable through a personal injury lawsuit. To prove your claim, you must prove the other party was negligent in their actions, and their negligence resulted in your injuries. If the other party disputes your claim after you take them to court, your case might require a jury trial.
Most personal injury cases are resolved through a settlement. In fact, statistics show only about 5% of personal injury cases go to trial. Whether your case goes to trial will depend on different factors described below.
How Does a Personal Injury Case Start?
Personal injury cases start when they are filed in court. Realistically, however, a personal injury case begins on the day of the incident. This is when you will start gathering evidence and preparing a potential claim. The time between the accident and the lawsuit is just as important as the time after a suit is filed.
An experienced Florida personal injury lawyer can help you document medical costs, lost wages, property damage, and other proof you’ll need to make a personal injury claim. Your attorney will also negotiate with insurance companies and determine your case strategy when a lawsuit must be filed.
What Is the Statute of Limitations in Florida for a Personal Injury Lawsuit?
The statute of limitations in Florida for a personal injury lawsuit is two years from the day of the incident. Two years seems like a long time, but the sooner you get your claim started, the better. Investigating an accident and gathering evidence to prove liability takes time, especially if your case requires expert help.
The Discovery Process in a Personal Injury Case
After your case is filed, the discovery process begins. Discovery in a Florida personal injury case is the exchange of information between the plaintiff and defendant as the case progresses.
As the plaintiff, you will be asked to exchange information and evidence regarding your injuries, damages, and other facts important to your case. The defendant will also share their own evidence, witnesses, and information they argue contradicts your claims.
Discovery in a personal injury case can include any of the following:
- Medical records related to your injuries
- Medical bills regarding your treatment and costs
- Photos and video of the incident, when available
- Pay stubs and invoices related to missed work due to the accident
- Documentation of transportation costs and out-of-pocket expenses due to the incident
Your lawyer will use all evidence available to advance your case and share evidence with the defendant to show what you will introduce at trial. Providing this evidence during the discovery process can show the defendant how strong your claim is – potentially leading to a stronger settlement in your favor.
Independent Medical Examinations
In personal injury cases, the defendant’s attorney will frequently ask the plaintiff to go through an independent medical examination (IME) by a doctor that has not examined the plaintiff before.
This independent physician will evaluate the following:
- The nature of your injuries, including the long-term diagnosis;
- The medical treatment you received up to that point;
- Whether some other cause might be to blame for your injuries;
- Your physical condition, including whether you had pre-existing conditions;
- The prognosis for your recovery and any future treatment
Keep in mind that a defendant’s attorney hires independent medical examiners in hopes that they will contradict or refute your own doctor’s examinations.
Depositions in a Personal Injury Case
Depositions are a routine part of personal injury cases. In a deposition, you will give testimony under oath and will answer questions about the accident and your injuries. The defendant’s lawyer will use this opportunity to see if you’ll make mistakes and contradict yourself.
An experienced Florida personal injury lawyer will carefully prepare you to avoid traps and put your best foot forward. Your lawyer can also set depositions for the defendant to advance your case. Depositions give the plaintiff and defendant a realistic view of how trial testimony might go and which side might have an advantage. Because of this, depositions can often encourage settlement instead of trial.
Settlement Negotiations in a Personal Injury Case
How does a settlement work in a personal injury case? Settlement is an agreement by both sides to resolve their differences and agree on a payment amount that both sides can be satisfied with. A settlement will conclude the case and avoid the unpredictability associated with a jury trial.
For plaintiffs, the positives of a settlement include guaranteed payment and the end of a long waiting process. Receiving a settlement payout can help you pay your bills and avoid the stress that comes with going through a jury trial.
For defendants, the settlement allows them to limit their potential financial liability. Agreeing to pay a certain sum can be safer in their eyes than letting a jury decide the amount. The settlement also keeps sensitive information confidential, while taking a case to trial can turn embarrassing facts into public records.
How Does a Personal Injury Trial Work?
A personal injury trial involves different segments, such as:
- Opening statements. Your lawyer and the defendant’s lawyer will explain their theories of the case, the evidence they plan to show the jury, and why their case will be successful.
- Witness testimony. Each side in a case gets to call witnesses to support their case. Eyewitnesses, first responders, and expert witnesses might all testify in your case.
- Closing arguments. At this stage, lawyers will go over the evidence and the arguments they want the jury to consider. A skilled personal injury lawyer will be able to weave the facts and evidence with their story to show a jury why they should find in favor of you.
If your case goes to trial, your lawyer will also spend a great deal of time preparing in advance to make sure the trial goes smoothly.
Contact a Florida Personal Injury Lawyer Today
Will your Florida personal injury case go to trial? That depends on the facts of your case, the nature of your injuries, and other factors. Most cases settle before trial, and your case could be one of them. If your case does go to trial, you want an experienced legal team by your side to build your case and persuade a jury.
To learn more about your options and legal rights, contact our experienced Orlando personal injury lawyers at Payer Law Personal Injury Lawyers to schedule a free consultation, or call us at (407) 648-1510.