The herniated disc lawsuit process in Florida consists of an investigation, building an insurance claim, negotiating a settlement, and pursuing damages in court if a fair settlement isn’t agreed upon. To get the damages you deserve after an accident that causes a herniated disc, you’ll need an experienced attorney to help with your case.
A Jacksonville herniated disc lawyer will work hard to file a strong claim on your behalf and won’t back down from filing a lawsuit if that’s what needs to be done to resolve your case. Let’s take a closer look at the lawsuit process and how an attorney can help you get back on your feet after a serious accident.
Investigating the Accident and Documenting the Injury
The herniated disc lawsuit process in Florida starts with an investigation of the accident and the documentation of your injury. At this step of your case, your lawyer will gather accident reports, witness statements, and other forms of evidence for your claim.
At this time, you’ll also need to receive medical care for your injury. While your physical recovery is the main priority, getting treated will also generate medical records that your attorney can use to strengthen your claim. MRIs, findings from specialists, and other medical records can all be used to document your injury and connect it to the accident.
Building Your Claim
Once you’ve received initial testing and treatment for your condition, and your attorney has gathered all available evidence, they will begin organizing their findings and building your claim. At this stage, your lawyer will also calculate how much compensation you’ll need to cover future medical treatment, lost income, and other setbacks.
Once your attorney has a clear picture of how much your claim is worth, they’ll send a demand package to the at-fault party’s insurance company. Then, insurers will review the package and begin their own investigation into what happened.
Your attorney will handle all communications with the insurance company, as insurers will often try to trick injury victims into accepting lowball settlements. Your lawyer will protect your best interests and guide you through the herniated disc lawsuit process in Florida.
Negotiating a Settlement With the Insurance Company
Insurance companies will likely try to complicate the Florida herniated disc lawsuit process, as they want to reduce their responsibility and the amount of money you receive. As a result, insurers will likely try to argue that your injuries were pre-existing or claim that more medical proof is needed.
Your attorney will push back against unreasonable and dishonest insurance company tactics and demand a settlement that meets your needs.
Odds are high that your case will be resolved at this phase with an appropriate settlement. That said, if insurers fail to offer what you’re owed, your lawyer may have to take your case to trial.
Filing a Lawsuit
If settlement negotiations don’t go as planned, your attorney will take your case to court. The herniated disc lawsuit process in Florida often involves depositions, medical evaluations, and other proceedings. Your attorney will prepare you and your case so that you have the best chance possible at a successful outcome.
If your suit is successful, you could receive a number of different damages, including those that compensate you for both your economic and non-economic losses. Depending on your unique situation and how your injury has impacted your life, your lawyer may seek any of the following forms of compensation:
- Current and future medical bills
- Physical therapy costs
- Property damage
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
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Understanding the Statute of Limitations for Herniated Disc Lawsuits in Florida
If you’re researching the herniated disc lawsuit process in Florida, you should know that there is a statute of limitations for these cases. Under Florida Statute § 95.11, you have two years from the date of the accident to file a lawsuit for damages.
If you don’t take legal action before this deadline, you’ll likely be barred from seeking the compensation you need to cover your medical bills and get back on your feet. Fortunately, if you hire an attorney soon, they’ll be able to comply with this important filing requirement and ensure the Florida herniated disc lawsuit process goes as smoothly as possible for you.
Learn More About the Herniated Disc Lawsuit Process in Florida
At Blakeley Law Firm, we’ve recovered more than $250 million in settlements and verdicts for injury victims. Our attorneys have 40 years of combined experience and are prepared to draw on their extensive legal knowledge to make your claim as strong as possible.
South Florida’s most well–known personal injury lawyer is here to guide you through the herniated disc lawsuit process in Florida and get the damages and justice you deserve.
Contact us today to schedule a free consultation and get started on your case.
