This Week On LawCall™ — All About Injuries
LawCall™ is a weekly, thirty minute call-in show about legal topics of interest. Each week, we discuss personal injury, auto accidents, truck accidents, medical malpractice, wrongful death, slip and fall, DUI accidents and birth injuries, as well as bankruptcy, family law, divorce, landlord and tenant law, dangerous and defective products, legislative matters, and current issues in the legal world. We take your calls LIVE every Sunday at 11:35pm. Call us at 1-877-525-LAWS (5297) during the show.
This Week On LawCall™ — All About Injuries
We talk a lot about personal injury claims on LawCall™, from a traffic accident injury to a fall to an injury caused by a medical mistake. So, what actually happens if you’re injured and need to file a claim? Do you understand what your legal options are? Should you accept a quick settlement from the insurance company? If you have been injured and are unsure what to do next, you need to tune in to LawCall™ this Sunday, when Tallahassee personal injury attorneys Mark Nonni and Kimmy Stewart will be explaining the steps involved in a personal injury lawsuit.
What is personal injury lawyer? Do I need a lawyer if I’ve been injured?
A personal injury lawyer is a lawyer who practices in the area of personal injury law. Personal injury lawyers represent clients who have been injured, or whose loved ones have been killed, or who have suffered a property loss, because of someone else’s actions- or their failure to act. These include injuries or a wrongful death from auto accidents, truck accidents, DUI accidents, birth injuries, slip and fall, dangerous and defective products, and medical malpractice.
If you are serious about filing a claim, you should contact a legal professional to find out what your options are in the matter. In almost every scenario, you’ll want to work with someone who has a deep knowledge and significant local experience in personal injury cases in your city area. At Barrett, Fasig & Brooks, our attorneys are experienced in handling all types of personal injury cases. We live here; we know the other attorneys, and the judges, and how the local system works.
I’ve chosen a lawyer. What happens next?
Once you’ve chosen a lawyer, he or she will investigate your claim and review your case from top to bottom. Your lawyer will want to know every aspect and detail of your case. You should bring any medical documentation you have about your injury to your first visit with your attorney, including the names (and numbers, if possible) of any medical professional who has seen you since you’ve been injured.
My attorney talked about a settlement. Don’t I have to go to trial?
Not every injury claim ends up as a lawsuit, and even fewer of those end in a trial. Often, smaller injury cases will end in a monetary settlement before a lawsuit is even filed. In some instances, this is in the best interests of the client, given the time and money expense that comes with lawsuits and trials.
You’ll want to work with your lawyer to negotiate the highest possible settlement amount before agreeing to not file a suit.
The insurance company refused to settle the case (or offered too low an amount).
If negotiations are a non-starter, your lawyer will then file a lawsuit if your case is viable. In general, it takes between one or two years before a lawsuit will move to trial. In Florida, you have four years from the time you were injured to file a lawsuit before you hit the statute of limitations.
We filed a lawsuit. Now what?
After a lawsuit is filed, both sides will go through what is called the discovery process. This means that each side will investigate the other’s claims about the case. Both sides will usually request for, and swap, evidence such as medical documents. This portion of the lawsuit process can take up to six months or a year.
Following that, the lawyers often move to mediation. In this instance, a court-appointed mediator will work with the lawyers and parties involved to find an agreeable outcome for the lawsuit. Mediation often works in personal injury cases and the lawsuits are settled before a trial begins.
Settlement talks failed. Mediation Failed. What happens next?
Sometimes, a trial is necessary for the case to play out. These trials can take anywhere from a day to a week to several weeks, depending on the complexity of the case. Because trials are expensive, and personal injury cases are taken on a contingency basis- you don’t pay us unless you win- you need a law firm that has the resources to take a case to trial. Insurance companies know that Barrett, Fasig & Brooks isn’t afraid to take a case all the way to trial. We will go all the way for our clients, if necessary.
The personal injury attorneys at Tallahassee law firm Barrett, Fasig & Brooks can help you if you have been injured. We will look at all the specifics of your case and help you determine if you have a personal injury case. Give us a call at (850) 224-3310. An attorney is always available, day or night, weekday or weekend, to take your call.
LawCall™ features Tallahassee personal injury attorneys, Vinse Barrett, Jimmy Fasig, Dana Brooks, and Mark Nonni, plus guest attorneys from across North Florida who answer your questions on a different legal topic every Sunday. Long-time newscaster Frank Ranicky anchors the program.