How Does a Personal Injury Case Work?

When most people think of a personal injury lawsuit, they picture a judge hearing their case in court with everything hanging in the balance. But the most important part of any lawsuit–especially a personal injury one–happens long before a case moves into the courtroom.

The pre-suit phase of a personal injury case lays the groundwork to recover the maximum compensation for a client’s losses. For the best outcome, clients must follow their attorney’s instructions.

Collecting Evidence

Before someone can receive compensation for their injuries, they need to be able to prove that someone else’s irresponsible behavior—negligence—caused those injuries. It is vital to acquire evidence to show how the injury occurred and why the other party should be held liable. This may include photos of an accident scene and injuries, witness statements, video footage from security cameras, and medical reports.

The best time to collect most evidence is right after the accident. As time goes on, it can be hard to locate witnesses, and their memories won’t be as clear. Video footage might be erased or recorded over. The accident site will not be the same. An attorney can help collect and preserve evidence, so that’s one reason why it is ideal to work with an experienced personal injury lawyer as soon as possible after an accident.

Medical Care

The top priority is ensuring that the client gets the best medical treatment so that they can recover as quickly as possible. To do that, they must get a prompt and thorough medical exam because a doctor may be able to detect injuries that are not immediately obvious. It is also critical to follow the doctor’s instructions and receive follow-up care.

Valuing Losses

When the doctor determines that a client has reached the maximum level of recovery (called maximum medical improvement or MMI), then we can determine the full extent of their losses and put a value on those losses based on our experience.

We will review the client’s medical treatment and expenses to determine past and future medical bills that have resulted or may result from the accident. We will consider the pain and suffering they have endured and are likely to endure in the future. We will also consider how much work the client has missed and whether their ability to work will be impacted in the future. Once all of this is done, we are ready to move forward with a demand letter to the insurance company in an attempt to resolve the claim prior to filing a lawsuit. If we cannot resolve the claim after reasonable negotiations, then a lawsuit will be filed. 

Zweben Law Group Helps Your Clients Get Full Compensation for their Injuries

At Zweben Law Group, we fight to obtain compensation for our client’s losses so they can move forward after their injury. Referring your clients to us will ensure they are getting the attention they deserve. Contact us today to begin the referral process and earn your 25% referral fee (consistent with the Florida Bar Rules.)