If an insurance company denies a personal injury claim or makes an unreasonably low settlement offer, a lawsuit may need to be filed to resolve the dispute in court. Under the Florida law, a personal injury lawsuit against a private party must be filed within 4 years of the accident and against a government entity (city, county, state department) within 3 years.
Uninsured/Underisured Motorist Coverage
Types and Sources of Insurance Coverage
Property Damage and Diminished Value Claims
Insurance Claim Process
Personal Injury Lawsuit
Recoverable Personal Injury Damages
Factors that Affect Personal Injury Case Value
The lawsuit is commenced by filing a civil complaint with an appropriate filing fee with the court. The complaint is then served on the defendant (sued party), and the defendant has to respond to the allegations contained in the complaint (usually by denying them). If no answer is filed, a default judgment may be obtained against the defendant.
After the complaint and answer are filed, the parties generally begin a fairly lengthy process called “discovery” - a formal process of exchanging information between the parties about the witnesses and evidence through depositions, interrogatories, requests to produce, requests for admissions, and medical examinations. Typically, once discovery is complete, parties may schedule mediation (a settlement conference) to attempt to resolve the case. Most cases settle at mediation. However, if the parties reach an impasse, the case will proceed to trial.
In a personal injury trial, the judge or the jurors (usually) determine liability and decide what compensation, if any, will be awarded to plaintiff. If you would like to have your case evaluated by an experienced Florida personal injury attorney, call our office now for a free non-obligation consultation. You owe us nothing unless we win your case, and in most cases we are able to substantially reduce our personal injury contingency fees to save you hundreds or even thousands of dollars.
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