What to Expect During the Personal Injury Claims Process

What to Expect During the Personal Injury Claims Process

When another party’s careless actions cause your harm, you may wonder how you are going to pay for the resulting losses you suffered. Taking legal action to file a Florida personal injury claim may not be something you have done before, so you might not even know if it is something you can do. Thinking about possible legal battles can also be intimidating and be a reason why you shy away from meeting with an attorney. Further, you may also not believe you have the financial means to pay for an attorney.

There are several reasons why an injury victim does not connect with an attorney and file a claim for compensation. Many of the reasons for feeling anxious about filing a claim can come from the fear of the unknown.

If you have been harmed by another party, you may be able to file a claim. Damages you suffered can be costly, and a claim can account for your losses so that you are not stuck with the bill to pay for them alone. The Tampa personal injury attorneys at Fulgencio Law are experienced and prepared to help you work through the claims process and get all of the compensation you are owed.

What Happens When a Personal Injury Claim is Filed?

What to Expect During the Personal Injury Claims ProcessThere are several things that can happen after a claim is filed, but since every case is different, not all claims will follow the same timeline or chain of events. Listed below are all of the possible actions that can happen during the personal injury claims process.

Victims Meet with An Attorney

Once a victim’s injuries have been examined by a medical professional and diagnosed with a course of treatment for recovery, the first step in the process would be to reach out to an experienced attorney. An attorney will be able to evaluate a personal injury experience, provide legal advice to victims, and they can represent and support victims throughout each stage of a personal injury claim. Most personal injury attorneys work on a contingency basis. As a result, victims do not pay anything upfront until their attorney wins their claim. After a settlement or monetary award, an attorney will take a percentage, and then the rest goes to the victim.


Your attorney will thoroughly investigate your case and gather evidence to build a claim.


Your attorney can handle negotiations on your behalf and work towards an agreeable and fair settlement. Most personal injury claims end this way, with a settlement being reached.

Filing a Lawsuit

If negotiations are not productive, a lawsuit can be filed in a Florida court. Your attorney can do this for you. The lawsuit may include the following phases:

  • Complaint and Answer- you describe your allegations of harm against another party, and then they respond to your assertions.
  • Discovery – comprehensive evidence and information gathering begin for both the defendant and the plaintiff.
  • Motions – filing a formal request of the court to dismiss a case or some portion of it.


Your attorney can meet with the negligent party’s attorney and, through an unbias third party or the mediator, attempt to come to terms and an agreement before going to trial.


The defendant and the plaintiff present their arguments to the judge and jury, and an outcome is decided.


Jury verdicts can be appealed.

Call an Attorney at Fulgencio Law Today

Personal injury claims are rarely straightforward and often are very complicated, with several steps before they conclude. A personal injury attorney at Fulgencio Law can help you navigate the claims process and secure optimal results. Call today at (813) 463-0123 to schedule a free initial consultation.

Share this post