After an accident, you’re understandably anxious to get your case resolved. Not just for the peace of mind and closure, but so you can get the compensation you need to pay medical bills and get back to normal life. The following is a general personal injury claim timeline in Fort Lauderdale, FL, though you’ll always want to talk to an attorney to get a more specific estimate for your case.
Personal Injury Claim Timeline
Reaching Maximum Medical Improvement
Usually you don’t bring a claim until you’ve reached maximum medical improvement, which is where either you’ve fully healed (or healed as far as you ever will), or you’ve stabilized, and it will take years yet before any further, slower healing can be accomplished. Only then can you and your attorney accurately calculate future medical needs and lost wages. This stage can take weeks to months.
Investigation
Your attorney will need some time to investigate the accident thoroughly. They’ll need to collect the police report, talk to witnesses, get photos or video from the scene, and review any available surveillance footage. In auto cases, they’ll also look at insurance policies and vehicle damage reports. This work builds the foundation for your demand, and a thorough investigation often takes one to three months.
Demand and Negotiations
Once your medical treatment nears completion and the investigation is over, your attorney will prepare and send a detailed demand package to the at-fault party’s insurance company. The package will include evidence of all your losses and damages and an explanation of why the insurer should pay what you’re asking. The insurance company will usually make a counteroffer, and back-and-forth negotiations can last anywhere from a few weeks to several months. Most cases settle during this phase.
Lawsuit
If negotiations do stall, your attorney will file a formal lawsuit, and the other side then has twenty days to file an answer under the Florida Rules of Civil Procedure. In some cases, the insurance company will be willing to settle at this point. They may have been testing whether you have the will and resolve to really push for what you’re owed. If they don’t, the case enters the discovery phase, which can take six to twelve months or longer.
Trial
If you end up going to trial, you can usually expect it to take about twelve months for non-jury trials and around eighteen months for jury trials from the date of your initial filing, though complicated cases can certainly take longer. Actual trials are rare, though. Nearly all these cases get resolved in negotiations, and your lawyer can carry on those negotiations through the discovery period and even into the trial.
If you are dealing with an injury and wondering about next steps, talk to G. Reynolds Legal, PLLC now for a free consultation. We serve clients in Fort Lauderdale and throughout South Florida. We’ve helped over a thousand South Floridians to get the compensation they’re owed, and we don’t take a fee unless we win for you. Our consultations are always free, and you can get in touch with us online or by phone at 754-206-1082.
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