Anatomy of a Personal Injury Case

You have sustained a personal injury. Your medical bills are going through the roof, you are unsure of where to turn for advice, and you need help. You want compensation for what happened, but you have been told that filing a lawsuit is an expensive and difficult process that could cost you even more financially. However, if you don't file a suit you may not be able to pay your bills and your life may be in financial ruin.

At Troy and Schwartz, we can help you. With a proven track record of over 1300 successful personal injury cases, we understand the extent of your injury and the repercussions it may have on your life. We will take you through every step of your personal injury case to make sure this process is a smooth and successful one. We will make sure that you are prepared to handle each phase of your case, and we will help you achieve the most substantial financial recovery.

We represent people who have been injured in Miami-Dade County, Broward County (Fort Lauderdale), Palm Beach, the Florida Keys, Collier County, and Lee County.

Step By Step:

At Troy and Schwartz, we will make sure that you are informed and prepared for each step of your personal injury case. Here is the process that we will take you through to make sure your case is a successful one. Your first consultation with us is free.

Step 1 — Gathering The Facts: We meet with you to collect the facts regarding your personal injury. We ask questions about what happened, where it happened, and when it happened. We find out who else was involved in your accident and who may be liable. We find out about the extent of your injury and any costs you have incurred thus far. We also determine whether the defendant has sufficient insurance coverage to compensate you for your injury. If not, we will determine whether you have sufficient coverage for yourself. For example, if you have been in an auto accident and the defendant is uninsured, we will find out whether you have uninsured motorist coverage.

Step 2 — You Pay Nothing Until We Obtain Your Financial Recovery: We tell you that we will work for you on a contingency fee basis. This means that you don't have to pay us until we reach a settlement or verdict. Any legal fees or costs we incur will be deducted from the recovery we obtain on your behalf.

Step 3 — Gathering The Evidence: We begin our investigative work. We take photographs of your personal injury and of the scene where your accident took place. We gather evidence showing the extent of damage sustained by you or your property. For example, if you were in an auto accident, our evidence will prove the extent of impact from the crash on you and your vehicle. We compile reports detailing every aspect of your personal injury accident, and we find experts who can support your version of the incident. We talk to witnesses that may have been at the scene of your accident.

Step 4 —Medical Treatment: We find out whether you need medical specialists to help you recover from your personal injury. For example, if you sustained scarring to your face from a personal injury accident, we will refer you to a plastic surgeon. We can also give you the names of psychologists and physical therapists, and we will negotiate with them to make sure that the cost to you is reasonable. Once your treating physician has determined that you have reached the point of "maximum medical improvement," we will ask the doctor to write a final narrative report detailing the extent of your injuries, the results of any tests (such as MRI's), and the percentage of permanent disability (if any) that you've sustained under AMA Guidelines.

Step 5 — Filing For Your Financial Recovery: We consult with you to discuss your injury, your pain level, and your financial loss. We then send a formal demand letter to the insurance carrier of the defendant. In cases where the defendant is self-insured, we send the demand letter directly to the defendant. If it is obvious that your demand will be rejected or only a token compensation will be offered, we omit this step and immediately file a personal injury lawsuit.

Step 6 — The Pre-Trial Process: In cases where we go to suit, the discovery process now takes place. We file and answer interrogatories. We file a complaint and make requests for admissions. We depose witnesses. We find experts who can interpret the facts to prove your personal injury case and provide the necessary testimony for trial purposes. Before the attorneys for the defense depose you, we thoroughly prepare you so that there aren't any unpleasant or potentially damaging surprises.

Step 7 — Pre-Trial Mediation: Pre-Trial mediation is required in the state of Florida, and most cases are settled in mediation or shortly thereafter. If you are physically able, you will need to be present at your mediation. We will carefully explain this process to you. We will also give you our opinion regarding how long a trial may run and the probable outcome of your case. This is important information for you to know before deciding whether you wish to bring the case to trial. Trials may last as long as a week or more and can be extremely costly because of the need for expert witnesses, medical experts, as well as the cost of exhibits and evidence. We will offer advice as to whether it is a good idea to go to trial or settle.

Step 8 — After You Receive Financial Recovery: If necessary, we will negotiate with your medical providers to ask them to reduce their fees. We want to make sure that the costs you've incurred will not severely erode your financial recovery. Although there is no guarantee that medical providers will reduce their fees, we will do our best to make this happen. Over the years, Troy and Schwartz has been successful in convincing medical providers that this is the surest way for them to receive reimbursement for their services.

If you of a loved one has been injured in an accident, call us at 1-800-559-4320 or contact us online for a FREE consultation to discuss your legal options.

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