Personal Injury FAQs

Personal Injury | Frequently Asked Questions & Answers

At the Law Offices of Michael B. Brehne, P.A., our personal injury lawyers in Orlando, FL are pleased to respond to your concerns pertaining to personal injury claims. Contact us today for a free initial consultation.

What is the process of a personal injury claim?

1. Medical Treatment

Before any personal injury claim can be considered, you must seek medical attention. Gain relevant X-rays, thorough physical examinations, a diagnosis and treatment plan. These records will be useful to your case when you decide to file.

2. Attorney Consultation

Once you have gathered your medical records, you should schedule a free consultation with motorcycle accident attorneys at the Law Offices of Michael B. Brehne, P.A. Your case will be evaluated by a legal expert and you will be given advice on how to move forward with your case. If you decide to file a claim, a personal injury lawyer will be useful to you.

3. Paperwork

In order to pursue a personal injury claim, a complaint must be filed with the appropriate court and served to the at-fault individual or entity. In most cases, a personal demand letter is prepared to address the injuries, negligence, and financial demands that you have. This document notifies the at-fault party that there is an issue and gives the individual or entity an opportunity to take action.

4. Fact-Gathering/Investigation

Once all necessary paperwork has been filed, the process of fact gathering, investigation and discovery begins. Both parties are allowed to request and provide statements/information regarding the case. During this stage, it is likely that a deposition may be scheduled so that both parties are able to properly prepare for trial (if applicable).

5. Negotiations

The negotiation stage of the personal injury claim process allows parties to meet regularly in order to reach a settlement. The parties will discuss the matter and work toward an agreement that provides financial compensation to an injured individual to recover damages.

6. Trial

Unfortunately, not all negotiations are successful. When the at-fault party is unwilling to agree to a settlement that meets your needs, your case may have to go to trial. During these court proceedings, both parties will have the opportunity to present your findings, requests and defenses (if applicable) before a judge and (possibly) a jury. At the conclusion of the trial, a governing agreement is reached.

7. Appeal

If you are not happy with the judge’s decision, or if your case does not win, you have the right to appeal. Before beginning this process, you must visit an Orlando personal injury law firm. Personal injury cases at the appellate level are often more complex than traditional court proceedings. You will need aggressive legal advocacy to be successful.

How long will a personal injury case take?

The more unyielding and uncooperative the at-fault party is, the more lengthy your personal injury negotiations will take. If a settlement is not possible, then your case will be moved to trial, which requires a longer process. Your case will likely take no more than a couple of months. However, there are personal injury cases that may take years to be finalized. Hence, it  is crucial to be patient during the personal injury claim process and to rely on an Orlando accident attorney for updates regarding your case.

What is a personal injury deposition?

A personal injury deposition is a meeting that typically takes place in the domains of an attorney’s office. During this meeting, both parties inquire and provide information on the accident and the case as a whole. Depositions usually occur during the discovery stage of the personal injury claim process. It allows both parties to obtain as much information as possible in order to prepare for trial.

Is a personal injury claim the same as filing a lawsuit?

No. When claims are filed, the goal is to negotiate a settlement with the individual or entity that is considered to be at-fault. However, when a settlement is unachievable, your case can go to trial. We recommend filing a lawsuit for serious cases with a motorcycle accident lawyer Orlando, FL trusts.

If I file a personal injury claim, will I have to go to court?

If the at-fault party does not agree on a settlement, your case may go to trial. This will require you to be included in traditional court proceedings.

Can I be treated by my own doctor?

If the at-fault party (or their insurer) affords your medical fees, they may assign a doctor to you. If you are not comfortable with this doctor, you have the right to submit a request for a new doctor.

Can I appeal the court’s decision on my personal injury claim?

You may. Before attempting to appeal a court’s decision, you should consult with a personal injury attorney that is experienced and trustworthy.

What is Breach of Duty?

A Breach of Duty occurs when an individual, professional or entity fails to properly perform required duties. Proving that a breach of duty resulted in your injury may significantly help your case.

What is Duty of Care?

A Duty of Care is a legal duty that is required of an individual, professional, or entity to act reasonably and with a sense of care when dealing with the public.

What is a personal injury demand letter?

A personal injury demand letter is an official document that is prepared and delivered to the at-fault party. The letter notifies the at-fault party that an injury has occurred as a result of the at-fault party’s negligence. It may include a brief account of the accident, the types of injuries (and the effects of those injuries) at hand, reasons why the at-fault party is responsible for such injuries, and evidence of medical expenses, lost wages and other injury-related expenditures. Further, the document may demand a specific monetary amount from the at-fault party to cover the damages. The personal injury demand lawyer is usually the basis of negotiations and other proceedings.

What is subrogation?

Subrogation is a legal process that is commonly applied in personal injury cases. It allows third parties to afford the expenses that are actually owed by other parties. At a later date, the third party gains compensation from the party that owed the funds in the first place.

In personal injury cases, your insurer may very well afford your medical fees. However, once your case proves that an individual or entity is legally responsible for your damages, the at-fault individual or entity will be responsible for reimbursing your insurer. In some cases of subrogation, the at-fault party may be charged interest.

If I suffer an injury, what is the first thing I should do?

We always recommend that you seek medical attention. Gather a thorough medical examination. Without medical proof, there is no way possible that you will be able to pursue a claim. Once you have your medical paperwork in place, see our motorcycle injury lawyer.

What are my rights if I've been injured?

If you have been injured, you have the right to pursue a claim or lawsuit to recover damages pertaining to pain and suffering, mental anguish, permanent disabilities, lost wages and unemployment, medical expenses, declines in your quality of life, and fees related to dependent family members (such as children and surviving spouses).

Contact the motorcycle accident lawyers at Law Offices of Michael B. Brehne, P.A. today for more information on personal injury claims.