The legal process is vexing for most people. A Fort Lauderdale personal injury lawsuit is no different – especially because you’re navigating it all after just emerging from a traumatic incident such as a car accident, medical malpractice, or hazardous conditions/violence on someone else’s property.

Most people aren’t experts on insurance coverage, liability, and the rules of litigation. And hopefully, this is the only time you’ll ever have to go through it. But knowing the steps of how the Florida personal injury claims process works can help ease some anxiety about what to expect. Your personal injury lawyer – who is not paid upfront, or at all unless you win – can break it down even more clearly based on the facts of your case.

If you’re asking, “What are the steps of a Florida personal injury lawsuit?” We have answers.

“It Depends”

Everyone hates this lawyerly answer.

But we must start with it as a caveat because the steps of your Fort Lauderdale personal injury lawsuit depend on a few factors. A Broward medical malpractice injury lawsuit is going to be much more involved and have many more steps compared to a Broward car accident lawsuit.

What we can say is that regardless of the type of injury claim you’re filing, it can be settled at any time (as opposed to going to court). In some cases, it’s not even necessary to file a lawsuit to get a fair settlement. Defendants that recognize their wrongdoing right out of the gate may be eager to put it behind them. And insurers also have a duty to act in good faith, meaning there is some incentive to settle solid claims quickly and fairly. Working with a skilled personal injury lawyer is the best way to facilitate a fast and fair Florida personal injury settlement.

Basic Steps of a Florida Injury Lawsuit

While the steps may vary slightly depending on the specifics of your case, claimants in Fort Lauderdale personal injury lawsuits can generally expect the following:

• Investigation
• Pre-suit demand and settlement negotiation
• Filing the lawsuit
• Discovery
• Trial
• Appeal/post-trial motions

Settlements, which is how 95% of injury claims are resolved, are often ideal because they minimize litigation (lawsuit) costs. Again, a claim can be settled at any point. We could be in the middle of trial, and the claim could be settled.

The key is to ensure the claim is reasonable. Accept a low-ball offer, and you’ll be stuck with it – even if your actual losses end up being much higher. Reject a fair offer, and you could end up reducing your payout if the verdict at trial ends up being within 25% of that offer. A Fort Lauderdale personal injury lawyer can help you figure out what’s fair and what isn’t.

Investigation

The first step in any Florida injury case is investigation.

After the consultation and agreement to accept your case, your injury lawyer will want to review your medical records, witness statements, accident/incident reports, insurance policies, surveillance footage, etc. (If you can bring this to your first meeting with your attorney, even better. Reduces your overall attorney fees.)

Investigation allows us to assess liability (who was at fault), damages (how much you should be paid), and insurance (who is going to pay).

Pre-Suit Demand and Settlement Negotiation

Once we’ve gathered and reviewed all relevant information, we’ll bring our recommendation to the client about whether we should advance with a claim and if so, for how much. Once the client agrees, we submit these demands to relevant insurers or other parties. They have a certain amount of time to respond. The insurer may counter our offer. They may reject it outright. Or they may pay it.

If they reject or counter the offer, this kicks off the settlement negotiation phase.

Filing the Lawsuit

If the claim isn’t resolved in a timely and fair manner through this negotiation, then we file a lawsuit.

Discovery

Discovery is an initial phase of litigation (the process of a court handling your case). Lawyers from both sides get to review all the records, request the other side produce whatever evidence it has, question witnesses, discuss the case with experts, request independent medical exams, etc.

This gives everyone involved a clearer picture of what’s going to be presented at trial. That can compel the other side to settle – or gear up for a fight in court.

Mediation may be done after discovery/before trial – with the goal of hopefully reaching a settlement without the need for trial.

Trial.

It’s rare a case actually goes to trial. However, sometimes we have no choice if the defendant/their insurer refuses a reasonable settlement.

Cases get presented to a jury, witnesses are called to testify, evidence is presented, and the judge oversees the proceedings and makes sure the law is followed. The jury has the last word.

Appeal/Post-Trial Motions.

About that last word – it might not actually be the last word. Because there’s still a chance for post-trial motions and appeals. If one side thinks the procedure was unfair or the law wasn’t followed as it should have been, they can ask the trial court to reconsider in a post-trial motion. If that fails, they can proceed with an appeal.

Call a Fort Lauderdale Personal Injury Lawyer

Note that this step-by-step plan is just a guide. Your circumstances may mean things go a bit differently. Working with an experienced personal injury attorney helps ensure you are informed every step of the way.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 627.736

Personal Injury – The Florida Bar

More Blog Entries:

3 Ways Florida Child Injury Lawsuits Are Different From Adult Filings, March 4, 2024, Fort Lauderdale Personal Injury Lawyer Blog

As a longtime Fort Lauderdale personal injury lawyer, I take seriously the responsibility to advocate for my clients’ best interests. That begins even with prospective clients. I start with a brief overview of the facts of their case as presented. I look to identify any parties that may be held legally liable. I’ll want to assess the anticipated scope of damages and apply the knowledge and experience gained in decades of practice in Florida injury law to provide a frank assessment of the likely viability and value of their case – and how I may personally be able to assist. All of this can happen before a person has chosen to formally hire an injury lawyer.

Given that you may want to engage more than one Broward injury lawyer in a free initial consultation before deciding which to hire, it’s best to walk in with a good sense of what to have ready. The more a person understands going in what to expect – and what may be expected of them – the more they’ll get out of the process. Ultimately, the goal is to find an injury lawyer who is not only experienced, qualified, and with a proven track record of success, but someone with whom you feel you can be honest, trust, and have easy communication.

Here are some Frequently Asked (and Answered) Questions to get you started:

Why Do Florida Injury Lawyers Offer Free Initial Consultations in the First Place?

Many attorneys charge by-the-hour, and the value of that hour can vary, depending on their experience, the complexity of the case, etc. Attorney consultation fees can run anywhere from $0 to $400. There are a few reasons initial consultations with injury lawyers are free. One has to do with the type of case, and how it’s paid. Plaintiffs in injury lawsuits do not pay attorney’s fees unless or until they win their case. This is called a contingency fee arrangement. Claimants in these types of cases aren’t typically large companies (which can afford lawyers on retainer). They are vying for fair compensation from someone who has legally wronged them. The injury lawyer they hire is paid at the end of a successful case with a previously-agreed portion of the insurance money or damages awarded. Contingency fee arrangements allow people with meritorious cases – but not a lot of extra cash upfront – to access quality legal representation. Attorneys are compelled to be honest with prospective clients, and only help pursue injury cases that have a pretty decent shot at winning. Knowing that many injury case clients don’t have a lot of money upfront, free initial consultations are a low-risk way to help both sides glean the information they need to get a good sense of whether the case is worth pursuing, and if the attorney is a good fit for the client’s needs.

Can an Attorney Give Me Legal Advice Before I Hire Them?

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Generally speaking, no, the attorney will not provide you with specific legal advice at an initial consultation. The purpose of this meeting is more focused on whether the prospective client wants to hire the lawyer and if the attorney believes they have the ability and capacity to take the case. Unless an official attorney-client relationship is created (via contract), you aren’t likely to get legal advice. That said, if you come prepared with lots of information, as well as questions about how the law applies to cases like yours, you may be able to get many of your questions answered.

Does Attorney-Client Privilege Apply in a Free Initial Consultation?

Again, generally speaking, when prospective clients are pursuing legal advice or representation and they reasonably believe the communication they’re engaged in to be confidential, information exchanged in the consultation is privileged. This applies even if you never hire or pay that attorney. There is an understanding that a certain amount of sensitive information must be exchanged in order for both sides to decide whether the attorney is a good fit for the case. If you aren’t sure whether certain information is confidential and you would prefer it to be, you can always ask for clarification.

What Should I Bring to the Meeting With a Broward Injury Lawyer I’m Considering Hiring?

The strength of a personal injury case is in the evidence. In the early stages of a case, you may not realize all information that may be pertinent, but you’ll want to gather as much as you can for the attorney to review. Although the specifics may vary from case-to-case, in general what we’re trying to establish is that the defendant owed a duty of care, breached that duty, and caused the resulting injuries – for which you should be financially compensated. Some of the evidence that helps us establish these facts:

• Photographs and video of the scene
• Accident reports
• Investigative notes (from police, store managers, witness statements, etc.)
• Detailed notes from the injured person, describing what happened (Day, time, exact location of incident, weather conditions, people who were with you, what you experienced during the incident, type/full extent of injuries, details of any medical treatment, impact on your work/school/social life/family commitments, etc., impacts on close relationships, etc.)
• Media reports of the incident
• Screen shots of any social media posts, photos, images, videos, etc. regarding the event by you or others involved
• Medical records
• Medical bills
• MRI and X-ray results
• Insurance information (health, auto, etc.)
• Name, address, contact information of others involved, their insurers, etc.
• Documentation of any lost income (include your regular pay stubs, W-2s, income verification, etc.)
• Information on recommended therapies, medications, future surgeries, transportation costs, etc.
• Any communication you or others on your behalf have already head with the insurer(s) involved

What Kinds of Information Can an Injury Lawyer Tell Me in an Initial Consultation?

A Broward personal injury lawyer cannot give you a guarantee on any outcome of your case. That said, they can rely on their own experience, knowledge of Florida law, and the information you’ve provided about what happened to off you some feedback on how things could go and what you’re options are. Some things on which an attorney may be able to shed light – either in the initial consultation or fairly early on in the case:

• Your legal rights based on the situation and facts provided.
• How long the claims process can take. (Claims may be resolved without litigation. If litigation is necessary, resolution will take longer.)
• Time limits you have to file your case (the statute of limitation).
• What sort of evidence will be essential to your claim.
• Who potential defendants are in the case.
• Whether legal representation is necessary for your type of claim.
• Actions you should avoid while your claim is pending.
• Details on how insurance companies are likely to approach your claims.
• Possible outcomes in the case – including how much it may cost you, and how much you may be owed based on the information you provided.

Leaving an initial consultation, you may not have all the answers, but you should feel better educated – and hopefully empowered. If you have additional questions, we’ll do our best to provide you with information so that you can make informed decisions about your next steps.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

How to Hire a Lawyer, Florida Bar Association

More Blog Entries:

4 Most Common Types of Fort Lauderdale Personal Injury Lawsuits, Oct. 8, 2022, Broward Injury Lawyer Blog

Although undoubtedly one could find fault on the part of the motor vehicle driver who left the roadway and smashed into the building, Broward injury lawyers know it’s imperative to explore every angle and identify all possible defendants. This is for two reasons:

• Ultimately maximizing the pool of insurance money available to plaintiffs, for a better chance of recovering full compensation;
• Eliminating the chances a court may find a non-party was partially liable (as you can’t recover from defendants whom you haven’t named in the claim).

In this case, plaintiffs allege the daycare should be held liable for the children’s injuries because they failed to put in place proper barriers around the school to prevent such incidents. The parking lot was angled heading into the building, making such a collision more likely. Additionally, plaintiffs cited several other accidents at out-of-state facilities (in Washington state and New Jersey) owned by this same chain wherein the same kind of accidents occurred. This fact, plaintiffs allege, make these accidents foreseeable.more

Plaintiffs allege the company had a special relationship to the children (which is a legal term, meaning it creates a duty of care) which made them responsible to take reasonable steps to keep these young kids safe from danger – specifically safe from a rouge vehicle crashing into a building.

Although it might seem as if a collision into the side of a building is an extremely random incident, history paints another picture. As noted by the Storefront Safety Council, vehicles crash into buildings at least 60 times in the U.S. daily, resulting in 4,000 injuries and an estimated 500 deaths a year. The breakdown of these building smash-ins goes like this:

• 24 percent – Retail stores
• 23 percent – Commercial buildings
• 19 percent – Restaurant
• 7 percent – Convenience store
• 7 percent – Office

Of course, as this case shows, these incidents are limited to these type of buildings. Hospitals, homes, gas stations – all have been struck by vehicles at some point or another. As our Broward injury attorneys can explain, it is precisely because these incidents are so prevalent that those who own and operate these buildings should be aware of the possibility and take reasonable precautions to prevent the foreseeable risk of injury or death to innocent customers, employees or those in their care.

Nearly one third of drivers in these cases (from 2014 to 2017) are under the age of 30. (The driver in this particular incident was 32.) Another 33 percent are drivers over the age of 70.

In terms of cause, the council reports:

• 30 percent – operator error
• 26 percent – pedal error
• 17 percent – DUI
• 11 percent – traffic accident
• 8 percent – medical emergency
• 7 percent – other

There are some places for which buffers are required, either as part of a corporate policy or industry best practice, or because in some cases, local regulations are requiring it. For example, Miami-Dade County approved a barrier law in 2012, after the death of a woman who was seven-months pregnant when she was struck by a vehicle as she sat on a bench in front of a store at a shopping center. Orange County has explored this option too, after this particular incident.

Barriers are known to be a relatively simple way to prevent these incidents from becoming tragic, and they can also help businesses drive down repair costs too.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Families sue day care in accident that killed girl, March 30, 2018, By David Harris, Orlando Sentinel

More Blog Entries:

Florida Senate Brake-Checks Texting-and-Driving Bill, March 15, 2018, Broward Personal Injury Attorney Blog

This change could have a profound and lasting positive impact for the estimated 70,000 Florida nursing home residents, who are often frail, vulnerable and targets for abuse and exploitation. Arbitration agreements are generally disfavored by plaintiff attorneys because they strip patients of the right to have disputes resolved in a court of law by a jury. Arbitration takes away certain rights that are guaranteed through the court process, such as the right to discovery (the sharing of information about what allegedly occurred). Outcomes of arbitration in nursing home abuse cases also tend to be decided more favorably toward the nursing home, with fewer and lesser judgments for the plaintiffs. Finally, the process is secretive and confidential, meaning potential future patients don’t have the benefit of knowing what really took place and residents and families don’t have the right speak freely about problems with abuse and neglect at a given facility.

It’s worth noting there is a resident bill of rights codified in Florida Statutes, specifically F.S. 429.28. This provision affords residents a litany of protections, including the right to a safe living environment free from abuse and neglect, treatment that is respectful and cognizant of one’s personal dignity and access to appropriate and adequate health care consistent with established and recognized standards in the community. However, Proposal 88 would commit these rights to the state constitution (making them more difficult to amend) and also taking mandatory arbitration agreements off the table.

These proposed changes were spurred in large part by the tragedy at a Hollywood Hills nursing home after Hurricane Irma, when a dozen residents died of heat-related illness when the facility lost power and allegedly failed to seek appropriate assistance from emergency authorities.

A spokeswoman for the Florida Health Care Association, a nursing home industry group, accused proponents of Proposal 88 of “capitalizing on a tragedy,” arguing there is nothing in the bill that would have changed what happened here in South Florida after last year’s monster storm. The spokeswoman further said this was an effort to expand nursing home lawsuits, not patient’s rights.

But here’s the reality: Allowing patients greater access to the court system is an integral part of their right to justice when they have suffered abuse, neglect or other maltreatment. Yes, it will likely increase the number of nursing home neglect lawsuits in South Florida, but that’s because that avenue has been so heavily restricted in recent years. Many patients and new families don’t fully understand what they are signing when they are handed an arbitration agreement amid a stack of admissions paperwork, but are informed if they don’t sign it, they will be turned away.

Florida has largely upheld the validity of nursing home arbitration agreements, except in cases where the contracts are in violation of public policy (skewed unconscionably in favor of the facility) or invalid due to a signature by a person not authorized to serve as power of attorney for the resident.

Protections proposed by this measure are increasingly important in an era wherein certain politicians are seeking to soften fines against the industry for violations of state and federal standards for care, in some cases even discouraging regulators from imposing any fine at all.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Do Florida nursing home patients need a bill of rights? Feb. 3, 2018, By Kate Santich, The Orlando Sentinel

More Blog Entries:

Injury Attorney Perspective: Why Florida’s No. 1 Rank as “Judicial Hellhole” is Biased, Untrue, Feb. 28, 2018, Broward Nursing Home Neglect Lawyer Blog