Video: What Does the Litigation Process Involve?

Question:

What happens if the insurance company is not treating my claim fairly; do I need to file a lawsuit?

Answer:

Yes, the litigation phase is where you actually file a lawsuit when pre-suit negotiations are unsuccessful at getting you fair compensation. That's where we file papers with the court and we're telling the insurance company you're not being fair to you, our client. This puts them on notice we may potentially go to trial over this. There is a process that you go through before the actual trial of the case, which includes getting to together with us and answering some written questions together with you. Then you may need to give a deposition, which is an oral statement. Then we go to mediation, which is where we sit down to try to resolve the case before trial. We are with you every step of the way through that process, your attorney meets with you and fully explains those things, and will be right there with you during all of this. Having your attorney by your side is very important, because you have an expert by your side to guide you to really make your case outcome the best it can possibly be.

Question:

How often do personal injury cases really actually go to trial?

Answer:

Most cases settle before the case ever has to go to trial, but that depends on who your attorney is that is representing you. A very high percentage of our cases do settle before trial at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A.. Why? Because we prepare all our cases like they're going to go to trial and insurance companies know our firm. We have been here in SW Florida since 1962, they know we have board certified attorneys, they know we're trial experts, so usually having us involved in the case and pressing that case towards trial helps settle that case before trial and helps position you to get a reasonable recovery.

There are firms who will not take a case to trial and only work on pre-suit cases. The insurance companies know these firms do not take cases to trial and that can make getting a fair case outcome difficult. You need an attorney who understands personal injury, our local SW Florida legal system and is able to potentially try your case if needed. Many do not realize the importance of it, but make sure someone is representing you and your interests throughout this process because insurance companies do not do that. If you have any legal personal injury questions, our lawyers are always happy to answer any questions that you might have with a free consultation. We are just a call or a CLICK away to help.