Paragraph (a) does not impose an obligation to preserve documents that a lawyer following customary practices would not normally preserve in the client’s file. (5) all intrinsically valuable documents of the client and (4) all investigatory or discovery documents, including but not limited to medical records, photographs, tapes, disks, investigative reports, expert reports, depositions, and demonstrative evidence (3) all pleadings and other papers filed with or by the court or served by or upon any party relevant to the client’s claims or defenses (2) all correspondence relating to the matter, whether in physical or electronic form (1) all papers, documents, and other materials, whether in physical or electronic form, that the client supplied to the lawyer Contact us today to speak to a member of our legal team about your case.For purposes of this Rule, the client’s file consists of the following physical and electronically stored materials: Our Seminole personal injury lawyers provide legal assistance to all injury clients on a contingency fee basis, allowing them to get proper compensation without taking on court costs. A trial can take anywhere from a few weeks to several months, depending on the complexity of your case. If you don't accept, the case goes to trial. Throughout the entire process of the suit, your attorney and the defendant’s attorney discuss settlement offers. If you take the settlement offer, the case is over and you receive payment. Medical experts may be asked their professional opinions of the limitations of an injury an accident reconstruction expert might explain cause and effect in a crash case and so on. If the defendant denies liability for the accident or protests the amount of damages, it may be necessary to bring in expert witnesses. Depositions can greatly impact your settlement, as they allow both parties to see how each witness performs under questioning and which pieces of testimony could impact a jury. The opposition’s attorney asks you questions, and your attorney deposes the defendant. It usually takes place in a lawyer’s office, and is transcribed by a court reporter for later use in court. A deposition is a detailed question and answer session given under oath with both attorneys present. Your attorney protects you during discovery by objecting to questions that aren't permissible and filing motions to get other parties to answer questions if they refuse. After the complaint and answer have been filed, both parties begin the process of discovery. In discovery, both parties may ask questions and seek information from each other and from witnesses, allowing them to get a sense of what really happened and identify any weaknesses in the stories of both parties. The defendant then files a response to the lawsuit called an “answer.” If the defendant believes your case isn't valid, he may also file a “motion to dismiss,” which asks the court to drop your case completely. The lawsuit begins with the filing of the “complaint,” and official notice of legal action sent to the defendant. If the defendant refuses to pay, your attorney will likely file a lawsuit.Īlthough every case is different, most injury cases progress through these steps: Your attorney will then send a demand letter to the defendant, explaining the extent of your injuries, how much they have cost, and why you are entitled to payment. Your attorney takes a detailed account of your story, talks to any witnesses, and reviews all necessary documentation-such as accident reports and medical records-to determine the settlement value of your claim. Then your attorney gathers evidence on your behalf and shows you how to preserve any evidence you receive while you're undergoing medical treatment. Timeline of a Typical Florida Personal Injury CaseĪfter you hire an attorney, the first thing he or she will do is notify your insurance company and the person you are suing (the defendant) that you're now represented by counsel. There are many different procedural steps that must be taken before injury clients can receive a settlement, and preparing yourself for the process ahead of time can alleviate some of the frustration Many have never had to deal with the complexities of the legal system before, and those who are expecting quick and fair resolutions to their case, are often disappointed. In Florida personal injury cases, injury clients are often thrown into the deep end of the pool.
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