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How do personal injury cases work?

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Personal injury cases are an involved and arduous process. Entering into a personal injury suit in Miami is unadvisable for the person trying to make a quick buck. Many people are attracted to the thought of making thousands of dollars due to someone else’s negligence, but keep in mind that there will be a lot of research done on behalf of both parties, thus the plaintiff needs to be able to prove serious injury.

Compensation for personal injury cases can be derived by a couple of methods, through a settlement or a verdict. Settlements are the preferred outcome because it is achieved with fewer expenses than a trial. Settlements can also happen at any point in the pre-litigation and litigation process of personal injury cases.

Pre-litigation phase:

  • The accident occurs and you are injured. Pursuant to the accident, there are two steps that are absolutely imperative to obtaining financial recovery.
  • If it’s accident related, a police report must be filed immediately to prove that the accident was the cause of the injuries.
  • Seek medical treatment immediately, regardless of how minor or trivial the injuries seem. Often, small injuries will worsen with time, having medical proof that the problem began after the accident will be necessary for the settlement or trial.
  • Depending on the severity of the injuries, at this time you will decide whether you want to have a Miami personal injury attorney representing you or if you want to attempt settlement directly with the insurance company.
  • If you choose to hire an attorney, first you will meet with a few attorneys to decide which is the right one for you. With serious injuries you will want to choose an attorney that communicates with you and will dedicate himself to researching and fighting your case.

Litigation phase:

  • Once you hire a Miami personal injury attorney, he will immediately file a lawsuit.
  • Formal settlement discussion will commence between both parties. As stated earlier, the desired outcome is an agreement between the plaintiff and defendant.
  • Simultaneously with settlement discussion, the discovery phase will also begin. This is when both parties request supporting documents, deposition of witnesses and experts, and medical records.
  • As part of the plaintiff’s research, they will also request that you are examined by one of their doctors.
  • Prior to preparing for trial, both parties will attempt to settle through an alternative dispute resolution, usually through mediation.
  • If all negotiation attempts fail, then both parties will go to trial.

If you have a serious injury and need a Miami personal injury attorney, call our office to schedule free consultation to discuss your person injury case and create a plan of action to get the settlement you deserve for your injuries and suffering.

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