What Are the Risks Associated with Filing a Personal Injury Lawsuit in Orlando, Florida?

Posted on May 20, 2017

There are many different types of personal injury claims that you can pursue in Orlando, Florida, in civil court. In many cases, these issues can be resolved without going to trial. If you are able to file a claim with someone’s insurance policy, for example, then you could recover compensation without having to litigate the case. However, if you do wish to pursue a civil lawsuit or if you cannot recover fair compensation through an insurance claim, then you need to know the risks that are associated with this and how to confront them. To begin with, you need to understand which scenarios allow for a civil lawsuit. If you can prove that another party is responsible for your personal injury for any of the following reasons, then you have a valid Orlando, Florida, personal injury claim:

  • The at-fault party failed to use reasonable care to prevent the injury, through negligence.
  • The at-fault party provided an unsafe or hazardous property condition, creating liability.
  • The at-fault party used words (written or spoken) to harm your reputation, as defamation.

It is important to understand how negligence, liability, and defamation work, depending on the type of claim you have. You can learn more about this by discussing your case with a skilled Orlando, Florida, personal injury attorney. It is also essential to be aware of the risks that come with litigating your Orlando, Florida, personal injury case. You need to know about motions to dismiss, motions for summary judgment, and the overall costs of litigation in time and money.

The Risk of the Defendant Filing a Motion to Dismiss Your Orlando, Florida Personal Injury Case

Whenever you plan to file a lawsuit against someone whose negligence, liability, or defamation has caused you harm, the at-fault party becomes the defendant. The defendant is allowed to file a motion to dismiss the case. This means that they request the judge who is presiding over the case to review the case and dismiss it. If this happens, then there won’t be a trial, a jury verdict, or any further discussion in many cases. Sometimes, the case will be dismissed for a good reason, such as the fact that you failed to give a good reason for filing the lawsuit. It may also be dismissed because of a mistake, such as not properly serving the defendant with the lawsuit. The case may be dismissed without prejudice, meaning that you can get things sorted out and file again. Or, it may be dismissed with prejudice, and you will not be able to file again. In other cases, the motion to dismiss will simply fail because your attorney has ensured that the investigation of your case was thorough and complete.

The Risk of the Defendant Responding to Your Lawsuit by Filing a Motion for Summary Judgment 

Whenever the defendant in your personal injury claim in Orlando, Florida, is served with the lawsuit or complaint, he or she will have a chance to respond with a formal answer. Then, the discovery phase of your lawsuit will begin, in which both sides investigate the claim and request evidence and documents. You will have to share certain documents and information with the defense. Once this happens, the defendant may file a motion for summary judgment. This means that they are requesting the court to enter a judgment that favors the defense in lieu of actually carrying out the lawsuit. In some cases, this happens because the evidence gathered does not indicate liability or that negligence occurred. In other cases, a motion for summary judgment can be allowed because you have run out the statute of limitations. The statute of limitations refers to how much time you have to file your Orlando, Florida, personal injury lawsuit. If you run out this statute, you no longer have a right to file the lawsuit.

The Risk of Spending a Tremendous Amount of Time and Money on Your Claim without Success

Although most personal injury lawsuits never actually make it to trial, because they are settled out of court, this is not always the case. It takes a lot of time and a lot of money to pursue an Orlando, Florida, personal injury claim. If you do not win, then you will be greatly discouraged by the amount of time and money you have invested into the process. Although most personal injury attorneys work on a contingency fee basis, meaning that they only get paid if you do, there are other expenses to consider.

For example, you may need to hire expert witnesses if you are going to take the case to trial. You have to prove your case, and getting the testimony from medical professionals, accident reconstructionists, and other experts can be costly. If you settle your case or win your case in court, then these fees are all going to come out of your settlement or judgment. In most cases, with an attorney who works on a contingency fee basis, the attorney will cover these costs up front. They will then come from your settlement or favorable judgment once the case is resolved. The attorney’s fees will also come from this.

When it comes to the time involved in pursuing an Orlando, Florida, personal injury claim, you must consider the discovery phase, the amount of time it takes to find expert witnesses, and how long it takes to investigate your claim. In many cases, it will be months before your case is resolved. Throughout this time, motions will be filed, hearings will be scheduled, and plenty of information will go back and forth.

What Can You Do To Minimize the Risks Involved in Your Orlando, Florida, Personal Injury Claim?

It is important that you don’t become discouraged with the risks associated with your Orlando, Florida, personal injury claim. You should discuss all of the risks with your attorney and pay attention to his or her advice. Your lawyer knows whether it is worthwhile to pursue your claim, whether the value of your claim is reasonable and realistic, and what you should do to resolve the issue. Contact the experienced Orlando, Florida, personal injury attorneys at Farah & Farah to schedule a free consultation and learn more.

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