Personal Injury Lawsuit Process

May 15, 2021

Personal Injury Lawsuit: What Steps to Take

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Learn more about the personal injury lawsuit process through our experienced personal injury attorneys at FGBO Law. Contact one of our lawyers today.

When another person’s recklessness or carelessness has caused you injuries, you are entitled to pursue a personal injury lawsuit to be compensated for the financial damages, pain, suffering, and related concerns. From car accidents to slip and falls, childcare injuries, medical malpractice, and beyond, the lawsuit process for personal injuries involves many steps and deadlines that must be followed. A Tampa personal injury lawyer helps to guide individuals during this critical time of need through the following steps for their personal injury claim.

Medical Treatment

The main priority after experiencing a substantial injury is to get the medical treatment you need and deserve to get better. It is important to keep your medical records and documentation about the medical services you receive to show that your injuries are serious and costly. Often, injuries can progressively get worse and the National Safety Council estimates that the average comprehensive costs related to personal injuries range between $140,000 to $1 million. A personal injury lawyer in Tampa will help you to estimate the cost of continued care so your claim covers care in the future as well.

Hiring a Tampa Personal Injury Lawyer

When an injury has made you miss work and medical bills are piling up, a Tampa personal injury lawyer will take the burden of the lawsuit process off your shoulders. An experienced personal injury attorney will speak to you about the injuries, what occurred to cause them, your medical treatment, and goals with filing a lawsuit. The lawyer will request all medical records and bills, speak to the other side’s insurance company or attorney when relevant, and advocate for your rights to be upheld. It is best for individuals to have reached maximum medical improvement to know how much the financial damages are for his or her personal injury case.

Filing a Personal Injury Claim

When maximum medical improvement has been reached and all the documentation is ready, a personal injury lawyer will file the personal injury complaint in the relevant court. The complaint outlines the actions that led to the injuries. In the pre-trial phase, both sides will be able to ask for and review the evidence and any information from witnesses. At this stage, either side can agree to mediation or arbitration to bring the case to settlement before a jury trial occurs. This process can take months or years, and the defense will ramp up their efforts to push for a settlement to avoid a court battle.

An experienced personal injury law firm will help you to determine what is the best course of action for your particular circumstances. Peace of mind comes from knowing that attorney fees are handled on a contingency basis for victims of personal injuries at FGBO Law, so you only pay us if we win your case.

Trial Phase

At this stage, your lawyer will most likely call on medical experts, accident reconstruction professionals, and other authorities to present further compelling arguments. The jury will decide if the defendant is liable for the injuries and the amount of damages. After the jury finds in your favor, the defense could file a post-trial motion or pursue an appeal if they do not like the outcome of the case.

Most personal injury claims resolve through settlement though, which can occur at any stage of the process. In a personal injury settlement, the defendant pays compensation for the injuries and the victim releases the defendant from liability when the damages are agreed upon.

Collecting Your Personal Injury Awards

After settlement or a favorable court award, your attorney will collect and distribute the funds owed to you. Compensatory damages awarded can include compensation for medical bills, lost wages, property damage, emotional distress, pain and suffering, and more. Punitive damages can be awarded as well when the defendant was grossly negligent which caused your injuries.

Takeaway

With the complexities of personal injury cases, an experienced attorney will help you sort out all the requirements of the lawsuit process to have the strongest legal claim possible. The Tampa personal injury lawyers at Florin Gray Bouzas Owens, LLC have more than 100 years of experience representing clients in personal injury claims and settlements. We understand that this might be a tough time for you, and we offer a free case review and consultation to see if you have a claim, so contact us today to discuss next steps.

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