A question we frequently get from clients is, “How long does a personal injury lawsuit take?” The answer varies depending on several factors, but understanding the typical timeline can help set realistic expectations for your case. Keep reading for more from our Orlando personal injury lawyers, then contact us online or call (407) 244-3000 to schedule your free consultation.
Steps in the personal injury process
Initial consultation and case evaluation
The process begins when you contact a personal injury attorney, like those at DWK Law, for an initial consultation. During this meeting, the attorney will evaluate the merits of your case, discuss the details of the incident, and advise you on the best course of action. This stage is crucial for gathering information and establishing a strong client-lawyer relationship.
Investigation and gathering evidence
After taking on your case, your attorney will start an in-depth investigation. This includes collecting all relevant evidence, such as medical records, accident reports, witness statements, and expert testimonials. In Florida, the evidence must support that the defendant breached a duty of care which caused your injuries, as outlined in the Florida Statutes governing negligence and personal injury.
Filing the lawsuit
Once the evidence is gathered and the claim is clearly outlined, if an appropriate settlement cannot be achieved, your attorney will file a lawsuit on your behalf. The time frame for this step can vary; however, it’s crucial to note that Florida has a statute of limitations for personal injury claims, typically two years from the date of the injury. If you fail to file a lawsuit within the statute of limitations period, then your claim is forever barred, regardless of its merit. Each case is different and you should contact an attorney who specializes in Florida personal injury cases to understand the applicable statute of limitations associated with your case.
The discovery phase
The discovery phase follows the filing of the lawsuit, during which both parties exchange information related to the case. This phase can be lengthy, often taking several months years. During discovery, both sides investigate each other’s legal claims and defenses, gather more evidence, through taking depositions, requesting documents and requiring the opposing party to answer written questions under oath. These are just a few examples of some discovery tools in Florida that an attorney should be familiar with to help you win your case. Taking the time to think outside the box when it comes to discovery is often what separates a good attorney from an average attorney.
Mediation and negotiation
Many personal injury cases are settled out of court. However, it is important that your attorney prepares for trial. In fact, preparing for trial often leads to a better chance of settlement. Your attorney will negotiate with the defendant’s insurance company or legal representation to reach a settlement that fully covers your damages.
Trial
The case will go to trial if a settlement cannot be agreed upon. A trial can last from a few days to several weeks, depending on the complexity of the case and the court’s schedule. In Florida, the jury or judge will determine if the defendant should be held liable and what compensation you should receive.
Potential appeals
If either party is dissatisfied with the trial’s outcome, they can file an appeal, extending the process for an additional year or more. It’s important to note that appeals are based on errors of law, not just dissatisfaction with the verdict.
We’re here to make the process go as smoothly as possible
The timeline of a personal injury lawsuit can vary significantly, often ranging from several months to a few years. At DWK Law, we understand that this can be stressful, and we strive to make the process as smooth and efficient as possible while fighting to secure the compensation you deserve.
If you have been injured and need legal assistance, please contact us to discuss how we can help you navigate this challenging process.
