How Courts Work for Personal Injury Cases

Here at Hancock Law, we understand that being in a car accident is overwhelming, as is the process required to reach a fair, reasonable resolution. For most people injured in a car accident looking for a personal injury attorney in Florida, this is likely the first — and hopefully last — car accident. Most cases are resolved outside of the court system, however, your case may very well end up in litigation. Knowing this is likely your first experience interacting with the court system, our team wants to help you have a clear picture of how courts work and what the lifecycle of a case might look like. Of course, every case is unique, but the following will help provide a general understanding of how the court systems work concerning your case.

The Car Accident and Hiring a Personal Injury Attorney

The first step that happens is the actual accident. This is generally the beginning of your journey working with a personal injury attorney. No matter how big or small, it is of great importance to get a personal injury attorney involved as early as possible. In general, Kenneth and Hancock Law represents those impacted or who are injured as a result of a motor vehicle accident that is not their fault. We cannot help you if you actually caused the collision. You can learn more about these factors in the article Your First Meeting with Your Personal Injury Attorney.

Insurance Company Refuses to Settle

After you’ve met with Kenneth, your case at Hancock Law then enters the pre-suit phase. This is where you follow the treatment regimen recommended by your doctors and Kenneth tries to settle your case without having to file a lawsuit.

The importance of necessary, consistent medical treatment cannot be over-emphasized. The natural inclination is to seek legal help and recover the damages naturally flowing from the car accident, but consistent medical treatment is a cornerstone of your case. Failing to seek accident-related medical treatment not only hurts you physically, but it can hurt your case value, too.

When a case ends up in litigation (i.e., a lawsuit is filed and we’re now in the court system), it means two things have happened. First, your attorney tried to get your case settled, but the insurance company refused. There are a number of case-specific reasons why this may happen. Most commonly, the insurer simply disagrees on the case value and makes underrate offers.

Second, you’ve met with Kenneth to discuss the risks and benefits of filing a lawsuit. Contrary to popular belief, getting hurt is not a guaranteed, risk-free winning lottery ticket. Filing suit and taking your case through the court system is time-consuming, costly, and can be risky. For example, you can actually win your case but still end up paying the other side’s fees and costs. Only you can give Kenneth the green light to move forward; this is generally what most people think of when they say “going to court”.

Filing and Serving a Complaint

The next step is filing a Complaint (i.e., lawsuit). The Complaint must be filed in the proper venue, which is one of two places: where the accident happened or where the defendant resides. This is especially important when it comes to out-of-state car accidents.

Once Kenneth files a Complaint, it then has to be served on the Defendant (the party being sued). This is known as “service of process” and refers to the right of everyone to be put on notice of the charges/allegations brought against them in a court of law. Kenneth works with Carly, Hancock Law’s litigation paralegal, and a private process server to achieve service of process as quickly as possible. Litigation is very deadline-oriented, so a tight legal team with consistent communication is paramount.

Discovery and Deposition

At Hancock Law, we aim to be proactive, so we also serve written discovery requests along with the Complaint. According to the American Bar Association, “[Discovery] is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” This step allows both parties to know what evidence might be brought into play throughout the case.

Once the Defendant is served with the Complaint and our discovery requests, he has 20 days to file a responsive pleading known as an Answer; he has 45 days to respond to the discovery. He gives all of this to his insurance company, which then hires an insurance defense attorney to defend him. The insurance defense attorney represents the Defendant, but do not be fooled: the insurance company is still calling all the shots.

When the insurance defense attorney files an Answer, she also sends over written discovery requests for you to answer. By the time we receive the other side’s discovery requests, you will already have provided draft responses to Kenneth and Carly. Kenneth’s sixteen-plus years of experience means that he has a strong idea of what the requests will entail. So in the spirit of being proactive, we start answering draft questions with you as early as when the lawsuit is filed.

After we swap paper discovery, the next step is deposition testimony. A deposition is a formal question/answer session under oath between you and the insurance defense lawyer. While it might sound intimidating, Kenneth has over 16 years of experience guiding clients through this with his 8 principles of deposition. This is just one of the benefits of working with a small firm rather than a large firm. Depositions typically take place three to four months after filing a lawsuit. Kenneth generally deposes the Defendant within the same timeframe.

Mediation, Resolution, or Continued Litigation

Every civil (i.e., non-criminal) case is required to go through some form of Alternative Dispute Resolution, referred to as “ADR.” Mediation is the most commonly used form of ADR, but Non-binding Arbitrations are more frequent in light of the court system backlog caused by COVID. Mediation is a formal settlement conference where the parties try to settle the dispute with the help of an unbiased third party known as a Mediator. They send offers/counteroffers back and forth through the Mediator, who is trying to get both sides to settle the case. Non-binding arbitration is more like a bench trial where the parties present evidence to an Arbitrator (or sometimes a panel of Arbitrators). The Arbitrator then makes a ruling that the parties can either accept or reject.

Kenneth is very intentional about pushing the case, so he tries getting proposed mediation dates as early as when the insurance defense counsel first files an Answer. Generally, we are able to secure a mediation date six to eight months after filing suit. This is where most cases resolve. Should the case not be resolved there, litigation continues. It’s at this point that a trial by jury is most likely to take place.

If you need help weighing your options following an accident, contact us. No matter how big or how small your case may be, Hancock Law can help you to receive the settlement you deserve.

DISCLAIMER: Please note that the information provided in this blog is general in nature and should not be construed as legal advice nor as creating an attorney-client relationship. Every case is different and legal advice cannot be provided by Hancock Law unless/until we meet to discuss the particulars of your case. Whether an attorney-client relationship exists can differ on a case-by-case basis, but at Hancock Law we consider such a relationship to exist only upon a potential client’s request and our agreement to accept that representation.