This is regarding a personal injury case involving the negligence of a healthcare provider. Will the insurance company most likely want some kind of deposition from me before a suit has even been filed? I'm not quite sure the various steps in a personal injury case. Any insight appreciated.
Without knowing more facts of your case it would be unwise to predict what an insurance company would do upon receipt of your demand letter. In some cases you would be required to give the insurance company a sworn statement. You should gather all of your paperwork and consult with a qualified attorney that handles the type of case you are referring to - it may be medical malpractice but it is difficult to say from the facts you provided.
Florida has specific statutory requirements if you are claiming negligent medical treatment. If that is the case, I would expect that they will not treat you fairly until you have an attorney. Adjusters and risk management will assume that you will not be able to navigate the process unless you are an attorney. It is a complex field and you should speak with an attorney promptly to avoid any time-related defenses.
Although you have not provided the facts sufficient to determine whether this case would be subject to Florida's Medical Malpractice Act, be sure to check with your attorney as to whether or not the stringent pre-suit requirements of the Act apply to your claim. Depending on the precise nature of the alleged negligence, your claim might fall into the category of being a medical malpractice case and certain deadlines and procedures would follow. Further, a medical malpractice case has a 2-year statute of limitations, so make sure you are very clear about the nature of the case. The term 'personal injury' encompasses a wide range of cases with varying degrees of pre-suit requirements and procedures.
As far as what will be needed from you in the case, it is very possible that you will have to give a recorded statement regarding the occurrence of the incident, your injuries, and any prior injuries. Be sure you have the representation of an attorney should you have to give such a statement.
I hope you are healing well from whatever injury it is you have sustained, and make sure to be very clear with your attorney about the occurrence of the incident and what theory of liability is being relied upon.
Good luck to you in your medical recovery.
It sounds like you are talking about a medical malpractice case. In my experience you are not likely to settle such a claim without a lawsuit or, at a minimum, without a lawyer. These cases are typically medically complicated and require expert legal representation. I would talk to a good medical malpractice attorney as soon as possible since there may be legal deadlines approaching.
No matter what kind of a claim you have, the insurance company would like to wring as much information from you as possible , but this is unadvisable, particularly if you are not represented by counsel .
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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