Polk County’s Premier Personal Injury Attorneys
At Mint Law Firm, we understand that personal injury cases can be overwhelming and life-altering. With over 20 years of courtroom experience, our skilled attorneys are committed to fighting for your rights and securing the compensation you deserve. Whether you’ve been injured in an accident, suffered from medical malpractice, or endured another type of personal injury, we have the expertise and track record to handle your case with the utmost care and determination.
By choosing Mint Law Firm, you gain a dedicated team of professionals who are not only knowledgeable in Florida’s personal injury law, but also bring a wealth of experience in navigating complex legal battles. Let us handle the legal complexities while you focus on healing.
Personal Injury Law In General
In Florida, personal injury law encompasses a wide range of incidents where an individual is harmed due to the negligence or wrongdoing of others. Common types of personal injury cases include motor vehicle accidents (such as car, truck, and motorcycle crashes), slip and fall accidents, medical malpractice, workplace accidents, defective products, and dog bites. Florida’s unique laws, including those related to comparative negligence, can make these cases complex, which is why it’s essential to have an experienced attorney, such as those at Mint, who understand the nuances of the case and statutory law.
The Personal Injury Lawsuit
You’ve now been injured in an accident, but what happens next? Personal injury litigation in Florida follows a structured process designed to ensure that individuals who have suffered harm due to the negligence or wrongful acts of others can seek and obtain fair compensation. The typical steps in personal injury litigation under Florida jurisdiction are as follows:
- Initial Consultation and Case Evaluation: The process begins with the injured party consulting with a Mint Law Firm personal injury attorney. During this initial meeting, we evaluate the facts of the case, determine the viability of the claim, and discuss potential legal strategies. Our skilled attorneys will also explain the legal process, potential outcomes, and your rights and responsibilities.
- Investigation and Evidence Gathering: Once we have decided that your case is a good fit for our practice, a thorough investigation is conducted. This involves gathering evidence such as medical records, accident reports, witness statements, photographs, and any other relevant documentation. Our attorney(s) may also work with experts, such as accident reconstruction specialists or medical professionals, to build a strong case.
- Filing the Complaint: If the case cannot be settled through negotiation, we will file a formal complaint with the appropriate Florida court. The complaint outlines your allegations, the legal basis for the claim(s), and the damages sought. This step officially initiates the lawsuit.
- Service of Process: After the complaint is filed, the defendant must be formally notified of the lawsuit. This is done through a process called “service of process,” where the defendant is served with a copy of the complaint and a summons to appear in court.
- Defendant’s Response: The defendant has a specified period, typically 20 days, to respond to the complaint. The response can be an answer, where the defendant admits or denies the allegations, or a motion to dismiss challenging the legal sufficiency of the complaint.
- Discovery: Discovery is a critical phase in personal injury litigation where both parties exchange information and gather evidence to support their claims and defenses. This process includes written interrogatories, requests for production of documents, requests for admissions, and depositions. Discovery allows both sides to fully understand the facts of the case and prepare for trial.
- Pre-Trial Motions and Hearings: During the discovery phase, either party may file pre-trial motions to resolve specific issues before trial. Common motions include motions to compel discovery, motions for summary judgment, and motions to exclude certain evidence. The court may hold hearings to rule on these motions.
- Settlement Negotiations and Mediation: Throughout the litigation process, the parties may engage in settlement negotiations to resolve the case without going to trial. Mediation, a form of alternative dispute resolution, is often used to facilitate settlement discussions. A neutral mediator helps the parties reach a mutually acceptable agreement. If a settlement is reached, the case is resolved, and the terms are formalized in a settlement agreement.
- Trial Preparation: If the case does not settle, we will prepare for trial. This involves finalizing evidence, preparing witness testimony, and developing trial strategies. The attorney will also prepare the client for what to expect during the trial.
- Trial: During the trial, both parties present their evidence and arguments to a judge or jury. As the plaintiff, we will have the burden of proving the case by a preponderance of the evidence. The trial includes opening statements, witness examinations, and closing arguments. After both sides have presented their cases, the judge or jury deliberates and renders a verdict.
- Post-Trial Motions and Appeals: After the trial, either party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If either party is dissatisfied with the outcome, they may appeal the decision to a higher court. The appeals process involves submitting written briefs and potentially presenting oral arguments.
- Collection of Judgment: If we prevail and are awarded damages, the final step is the collection of the judgment. The defendant is legally obligated to pay the awarded amount. If the defendant fails to pay, we may take additional legal steps to enforce the judgment, such as garnishing wages or seizing assets.
Do I have to Pay for My Personal Injury Lawyer?
At Mint, we take most of our personal injury cases on a contingency basis. What does this mean? In short, there is little to no cost out of pocket. If/when a monetary award or settlement is reached, we are then given a percentage of the recovery. Usually, this amounts to around 33-35% of the collections plus the costs incurred. If no settlement or recovery is ever reached, we don’t get paid. It’s as simple as that.
How Long Do Personal Injury Cases Last?
The duration of a typical personal injury case in Florida can vary significantly based on several factors, including the complexity of the case, the severity of the injuries, and the willingness of the parties to settle. At Mint, we have seen cases take come to their natural conclusion in as little as four weeks and as long as five years. Most end up somewhere in between.
What is the Statute of Limitations For Personal Injury Claims?
The statute of limitations is a legal time limit within which a person must file a lawsuit after an injury or incident occurs. In personal injury cases, this time frame typically begins from the date of the accident or the discovery of the injury. In Florida, the statute of limitations for most personal injury claims is four years, meaning you generally have four years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to pursue compensation for your damages. It’s important to consult with a Mint attorney as soon as possible to ensure that your case is filed within the appropriate time frame and that your legal rights are protected.
Mint Law Personal Injury Attorneys Are Here For You
At Mint Law Firm, we are dedicated to providing exceptional legal representation for personal injury matters, backed by decades of courtroom experience. Our attorneys understand the physical, emotional, and financial toll that an injury can take, and we are committed to advocating for your best interests every step of the way. With a proven track record of success in the courtroom, we bring a strategic, results-driven approach to each case, ensuring that you receive the compensation you deserve. If you’ve been injured, trust Mint Law Firm to handle your case with the expertise, compassion, and dedication it deserves. Let us put our experience to work for you.