You must go through the legal process to pursue compensation from the liable party after their negligence or purposeful acts caused an injury. The legal process includes:
- Filing a claim.
- Negotiating for fair compensation.
- Filing a lawsuit if both parties cannot reach a fair deal.
Once you file a lawsuit, you will go through the discovery phase, negotiate, and proceed with a trial.
To better understand the legal process in New Port Richey personal injury cases, you can seek help from an attorney. They can guide you through the personal injury claims process and work with the insurance company to reach a settlement agreement.
Timeline Of The Legal Process Of Personal Injury Cases In New Port Richey
The legal process in New Port Richey must conclude before the statute of limitations deadline ends. Florida Statutes § 95.11 states that you generally have two years from the accident date to file a personal injury lawsuit. If you don’t file your case before the two-year deadline expires, you will miss your chance to seek compensation from the liable party.
The timeline for the legal process is significantly less when the parties can settle without going to court. The case could end in less than a few weeks if initial negotiations are successful. However, if they cannot reach a fair settlement, the case could go to trial and take longer to resolve.
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File A Personal Injury Lawsuit
The first step in the legal process for personal injury cases in New Port Richey is to file a personal injury lawsuit against the liable party. Filing a personal injury claim aims to seek compensation for your losses. You can hire an attorney to work on your behalf through the claims process. They can complete the appropriate paperwork and handle communications with the insurance company.
Build A Case Against The Liable Party
After filing a claim against the liable party, your attorney can work to build a case against them. Personal injury cases often involve proving the other party’s negligence caused the injuries. To prove negligence, you must prove the other party satisfied all its elements. The elements include proving they owed you a duty of care, they breached their duty, the breach of their duty caused your injuries, and you suffered damages as a result.
When building the case, your attorney can take the following steps to prove the liable party satisfied all elements of negligence:
- Collect evidence: Your attorney can begin by collecting evidence to prove what happened during the accident. Evidence could include photographs of the scene or your injuries, video footage of the accident, or any other relevant information.
- Speak to witnesses: By interviewing witnesses, your attorney can gather information about what happened from different perspectives. They can use witness statements to develop a clear picture of what happened.
- Organize evidence: Once your attorney has gathered all evidence and spoken to witnesses, they can organize the evidence to present it in a clear and concise way to the opposing party.
- Identify your losses: By identifying the losses you suffered, your attorney can determine how much compensation you can seek in your case. Examples of losses you could suffer after an injury include lost income, medical expenses, rehabilitative therapies, physical pain and suffering, loss of enjoyment, and emotional distress.
By taking these steps, your legal counsel will have all the information they need to have a strong case.
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Negotiate For A Fair Settlement Outside Of Court
During initial negotiations, your attorney can present your case to the liable party. They can provide evidence indicating why you seek the amount of compensation you do. Then, both parties can negotiate to reach a fair settlement agreement.
File A Personal Injury Lawsuit
If settlement negotiations don’t end with a settlement agreement, you can file a lawsuit against the liable party. Your attorney can file the lawsuit on your behalf. Unfortunately, it sometimes takes years for a lawsuit to make it to trial.
After you file a lawsuit, the insurance company could still attempt to settle outside of court. Your attorney could continue to reach a settlement agreement during the waiting period before the trial.
The Discovery Phase
During the discovery phase, both parties can investigate the legal claims of the opposing party. During this phase, depositions occur, and witnesses can get interviewed.
Mediations And Continued Negotiations
Since the parties can settle a civil case at any time during this process, mediation and negotiations can continue. After the discovery phase, they can reconvene to negotiate a settlement agreement. If they don’t settle, they could go to mediation.
Sometimes, mediation can help both parties come to an agreement. If not, the case could move forward to trial.
Go To Trial
If both parties cannot settle outside of court, the case could go to trial. Personal injury trials can last for less than a day or go on for weeks. The amount of evidence and witness testimony can greatly affect how long a trial lasts.
Once each party states their case, the jury can take time to deliberate. Then, they can decide whether the defendant is liable. If they find them liable for the injuries, they can determine how much compensation to award you for your losses.
Contact Us For A Free Consultation – Our New Port Richey Personal Injury Lawyer Can Help
To better understand the legal process in a New Port Richey personal injury case for your specific case, speak to a personal injury attorney. They can explain how they can help you and provide an estimated timeline for how long it would take for your case to conclude. They can also ensure you meet the statute of limitations deadline.
Contact a personal injury attorney at the Law Offices of Anidjar & Levine today for a free consultation. We can learn more about your situation and explain how legal action might be able to help you. You can expect responsive legal care and support when you hire our team.
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