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You don’t notice how fragile a moment is until it shatters.
One second, you’re crossing the street under a warm Tampa sky. Maybe you're pedaling your bike on your usual route, thinking about dinner, a phone call, or a playlist. And then—screeching tires, the blur of a car, pain where there wasn’t any.
It’s strange how something as simple as walking or biking—things we’ve done since childhood—can turn dangerous in an instant. We share the roads with people we don’t know, trusting they’re alert, focused, and responsible. But not everyone is.
And that’s where this conversation begins—not in fear, but in awareness. Because if you walk or ride a bike in Tampa or anywhere nearby, you deserve to know what to do if the road turns against you.
If you’re out there walking or riding your bike, it’s not as safe as it used to be. The roads have changed, the traffic’s heavier, and the system just hasn’t kept up.
A big part of the problem is Infrastructure. You’ve got areas in Tampa where sidewalks just stop out of nowhere. Bike lanes are either too narrow or shared with speeding traffic. Some intersections don’t have proper signals or crossings, which means pedestrians and cyclists are left to figure things out on their own. That kind of setup creates confusion and confusion on the road leads to accidents.
Then there’s driver behavior. More people are distracted behind the wheel—texting, rushing, not paying attention. And you’ve got those aggressive drivers who treat the road like a racetrack. The mix of inattention and recklessness is a real threat, especially to someone on foot or riding a bike with zero protection around them.
And let’s not forget when a vehicle hits a pedestrian or bicyclist, the injuries are almost always serious. There's no metal frame or airbags to cushion the blow. It’s your body versus a car. The outcome can be devastating like broken bones, head trauma, life-changing injuries. These aren’t minor fender-benders. They’re real, painful situations that can change everything in a heartbeat.
That’s why knowing your risks and your rights is so important.
Here’s something a lot of people don’t realize that your car insurance can actually protect you even when you’re not in your car. If you’ve got uninsured or underinsured motorist coverage—what we call UM or UIM coverage—it could be one of the smartest things you have on your policy.
Why is that important? Because not every driver out there has insurance. And some of them have the bare minimum, which doesn’t go very far if you’ve been seriously injured. Now imagine you're hit while walking or biking. You’re vulnerable, you're hurt and the person who hit you either doesn’t have insurance or not enough to cover your medical bills, lost wages, or long-term care.
If you've got it, and especially if you've got it stacked across multiple vehicles, you’re giving yourself a bigger safety net. Stacking just means you’re combining the coverage limits from more than one vehicle on your policy.
So, for example, if you’ve got two cars and $50,000 of UM on each, stacking gives you up to $100,000 in potential coverage. That extra coverage can make a huge difference if you're facing a long recovery after an accident.
And yes, it can cover you even if you were walking across the street or riding your bike when the accident happened. You weren’t in your car but the policy still follows you. It’s one of those details that can really catch people off guard in a good way.
More for you: How to File a Claim After Being Hit by an Uninsured Driver In Florida
When you’ve been hit—whether you were walking or biking—everything feels like a blur. However, what you do in those first few moments can make a huge difference later on, especially if you’re thinking about filing a claim.
First and foremost, get medical attention. That’s not just about covering your injuries—it’s about protecting your health long-term. A lot of people try to shake it off, say “I’m fine,” and skip the hospital. However, the truth is, some injuries take hours or even days to show up. Getting checked out right away can catch things early, and it also creates a clear medical record tied to the accident.
Next, document everything. If you’re physically able or if someone with you can help, start taking photos and videos right there at the scene. Get pictures of where it happened, the position of the vehicle, the bike or pedestrian path, any damage to your bike or personal items, and, of course, your injuries. Video is great too, especially if traffic conditions or weather played a role.
Why does all this matter? Because that evidence becomes the foundation of your case. Memory fades, witnesses disappear, and the scene changes. But photos and videos stay solid. They tell your story clearly—what happened, how it happened, and how serious it really was.
Sometimes, it’s easier to hear the details straight from an expert. In this video, Rob Johnson breaks down the key steps you should take if you’ve been involved in a bicycle or pedestrian accident in Florida.
A lot of people think that if they weren’t in a car at the time of the accident, they can’t file a claim. That’s just not true.
If you were hit by a vehicle while walking or biking, you absolutely have the right to file an injury claim. Whether the driver was distracted, speeding, or just flat-out careless, you were the one who ended up injured, and the law gives you the right to seek compensation for that.
Now, timing matters. Florida has specific deadlines for when you can file a personal injury claim. Waiting too long could mean losing your chance altogether. That’s why it’s so important to talk to a lawyer early—so you understand what your options are before time runs out.
When it comes to what you can recover, it’s not just about your medical bills. A claim can cover a lot more than people realize. That might include lost income if you’ve been out of work, future medical expenses, pain and suffering, and in some cases, long-term care or rehabilitation costs.
You may want to know: How Long Will Your Personal Injury Case Take? Carter Injury Law Reveals the Truth
Here’s something that surprises a lot of people—your Personal Injury Protection (PIP) benefits might still apply even if you were walking or riding a bike when the accident happened. Yep, even if you weren’t behind the wheel.
If you own a car in Florida, you’re likely required to carry PIP coverage on your auto insurance. And in certain situations, that coverage can step in to help with medical bills after a pedestrian or bicycle accident. That sounds like a good thing—and sometimes it is—but this is where you really want to slow down and talk to a lawyer first.
Because accepting PIP benefits isn’t always the best move. In some cases, it can actually work against your claim, especially if there are other insurance policies or legal strategies that would offer stronger protection or higher compensation.
You don’t need to wait until things get complicated to call a lawyer. In fact, the sooner you get guidance, the better.
A lot of people hesitate because they think calling an attorney means they’re committing to a lawsuit or paying out of pocket. That’s not how we work at Carter Injury Law. The consultation is completely free—no cost, no obligation. You’ve got questions, and I’m here to help you get some clarity, plain and simple.
Whether you were walking across the street or biking through your neighborhood, accidents like these come with a lot of unknowns. Insurance companies don’t always play fair. Medical bills pile up. And trying to figure it all out on your own can feel overwhelming.
My job is to listen to your story and show you what your legal options look like from here. If you’ve got a case, I’ll tell you. If you don’t, I’ll tell you that too. Either way, you’ll leave the conversation with answers and a lot more confidence.
You step out of your car. The impact was real—you felt it in your chest, the sudden jolt snapping you forward. However, as you turn to look at your vehicle, all you see are a few scratches, maybe a dent if you squint hard enough.
And that’s when the doubt creeps in.
How could you be hurt if your car barely shows any damage? Who’s going to believe you? The insurance company? The other driver? Maybe even you’re starting to wonder if the pain in your neck is just in your head.
However, injuries don’t care what your car looks like. And neither should you. Because the truth is...
When you think of car accidents, you might picture a scene of twisted metal and shattered glass. However, not every accident looks like that. In fact, low-impact collisions, where your car doesn’t seem damaged, can still result in significant injuries.
Your Body Takes the Force, Even When Your Car Doesn’t
Just because your car doesn’t look damaged doesn’t mean your body didn’t take the hit. Cars are built to absorb impact, but your body isn’t. Even a low-speed crash can cause whiplash, back pain, or other injuries because your body is moving inside the car while everything around you comes to a sudden stop.
Cars Are Designed to Minimize Visible Damage
Modern vehicles are made to crumple in certain areas to protect passengers. That means the impact is spread out in a way that doesn’t leave behind obvious dents or broken parts. The lack of damage to your car doesn’t mean the crash wasn’t serious—it just means the car did what it was built to do.
Research Proves That Minor Crashes Still Cause Injuries
Studies have shown that even at low speeds, the human body can suffer injuries from the sudden force of impact. Soft tissue damage, concussions, and spinal injuries don’t require a car to look totaled. If you feel pain after a crash, that’s not just your imagination—it’s your body telling you something is wrong.
After an accident, the last thing you want to deal with is an insurance company telling you that your pain doesn’t matter. The reality is, they don’t know what you're feeling, and they don’t want you to question their judgment. Here's why you shouldn’t let an insurance company decide the extent of your injuries.
Insurance Adjusters Will Try to Minimize Your Claim
Insurance companies have one goal—to pay out as little as possible. They’ll tell you that if your car isn’t crushed, you couldn’t have been seriously injured. However, that’s not how the human body works, and they know it. They just hope you don’t fight back.
People Get Hurt in Low-Speed Collisions All the Time
You don’t have to be in a high-speed crash to suffer real injuries. A sudden jolt, even at a low speed, can cause herniated discs or other long-term issues. It happens every day, and we’ve seen it firsthand.
Your Pain Is the Only Truth That Matters
An insurance adjuster doesn’t live in your body. They don’t wake up feeling the pain in your neck, your back, or your head. Only you know what you’re going through, and no amount of insurance company tactics can change that.
Just because someone doesn’t show the same physical signs doesn’t mean they’re not suffering. Here’s why every injury, and every person, is unique.
Same Crash, Different Outcomes
Two people can be in the exact same accident and walk away with completely different experiences. One might feel fine, while the other is in serious pain. That doesn’t mean one is exaggerating—it just means every body reacts differently to impact.
Age, Health, and Pre-existing Conditions Matter
An 85-year-old with arthritis won’t handle a crash the same way a 25-year-old athlete would. Someone with prior back issues might suffer a severe injury, while another person in the same car barely feels sore. Your body’s history plays a role, and that’s something insurance companies conveniently ignore.
Your Pain Is Real, No Matter What the Car Looks Like
A car’s condition doesn’t determine how much you’re hurting. Just because the bumper isn’t falling off doesn’t mean you’re not dealing with nerve damage or chronic pain. Your injuries aren’t measured in dents and scratches—they’re measured by how they affect your life.
For more details on how even low-impact collisions can result in injuries, watch this video where we discuss the truth about insurance claims and personal injury in these cases.
If you've been injured, regardless of how your car looks, you still have the right to make a claim. Here's why you shouldn't let the lack of visible damage stop you from seeking the compensation.
Car Damage Doesn’t Decide Your Injury Claim
Yes, the insurance company will look at the damage to your car when valuing a claim. Your body doesn’t follow the same rules as metal and plastic—injuries happen even when the car looks fine.
Your Pain Is the Only Truth That Matters
If you’re hurting after an accident, that’s the reality—not whatever an insurance adjuster wants you to believe. They’ll try to downplay your injuries, but they weren’t in the car with you. They don’t feel the stiffness in your neck, the headaches, or the shooting pain in your back. You do. And that’s what counts.
You Have the Right to Fight for Compensation
Regardless of what the insurance company claims, you have the legal right to seek compensation if you’ve been injured. From medical expenses and lost wages to pain and suffering, you shouldn’t have to shoulder the financial burden of someone else’s negligence.
Will You Go to Court After a Car Accident? Carter Injury Law Explains It All
How to Handle Out-of-State Car Insurance Claims in Florida Accidents
Why Hiring a Lawyer Who Goes to Court Could Be the Best Decision After an Accident
The insurance company wasn’t there when the accident happened, yet they often act as if they know your experience better than you do. They often believe they have the authority to determine the validity of your pain.
We don’t play by their rules. You know your body, and that’s the only truth that matters. We help you cut through the noise—the paperwork, the excuses, the tactics meant to wear you down. We make sure your injuries aren’t dismissed just because the damage to your car doesn’t tell the full story.
If they fail to recognize the seriousness of your case, we make sure your rights are fully represented. In the courtroom, in front of a jury, wherever it takes to make sure you’re heard. Because your pain is real. And we won’t let anyone tell you otherwise.
Most people don’t think about insurance until they really need it. By then, it’s too late. The accident has already happened, the medical bills are piling up, and the person responsible doesn’t have the coverage to pay for your injuries. You stare at the paperwork, wondering how you ended up here.
It wasn’t your fault. Yet now it’s your problem.
In Florida, this happens more often than you’d think. Too many drivers on the road don’t have the insurance they should. And when they hit you, it’s not them who suffer the consequences; it’s you.
So, what happens next?
Uninsured Motorist (UM) coverage is exactly what it sounds like—it protects you if you’re injured in an accident caused by someone who doesn’t have insurance or doesn’t have enough insurance to cover your losses. In some cases, it’s also called Underinsured Motorist (UIM) coverage. However, it does the same thing. It steps in when the at-fault driver can’t pay for your damages.
When you have UM coverage, your own insurance company steps into the shoes of the at-fault driver and covers your damages, just like their insurance should have. That includes:
Medical bills from emergency care, hospital stays, and ongoing treatment
Lost wages if your injuries prevent you from working
Future medical expenses for long-term care or therapy
Pain and suffering, because your injuries affect more than just your bank account
The reality is, you can’t control how responsible other drivers are; however, you can control how well you protect yourself.
If you live in Florida, where so many drivers are uninsured or underinsured, having UM coverage is a necessary one. Here’s why:
Too Many Drivers in Florida Are Uninsured
Florida ranks among the worst states for uninsured drivers. Many people are on the road without any coverage, which means if they cause an accident, they have nothing to pay for your injuries.
Florida Doesn’t Require Bodily Injury Insurance
Unlike many other states, Florida does not require drivers to carry bodily injury liability insurance. This means that even if the driver who hits you has insurance, their policy might not cover your medical bills at all. That’s why UM coverage is so important. It makes sure you’re protected when the other driver isn’t.
High Number of Tourists and Out-of-State Drivers
Florida is a major travel destination, which means a lot of people on the road are unfamiliar with the area—and that leads to accidents. Many of these out-of-state drivers have minimum insurance that might not fully cover your injuries. If their coverage isn’t enough, your UM policy steps in.
Without UM, You Pay Out of Pocket
If you’re hit by an uninsured or underinsured driver and don’t have UM coverage, you’re on the hook for your own medical bills, lost wages, and future expenses. Most people don’t realize how costly an accident can be until they’re faced with hospital bills, rehab costs, and time away from work. UM coverage is what keeps you from paying the price for someone else’s mistake.
Here’s a breakdown of how UM coverage works and how to select the best policy for you
When it comes to UM coverage, having the right amount can make all the difference. Too little coverage, and you might still be left paying out of pocket after a serious accident. Here’s what I recommend:
The Ideal Coverage Amount
If you can afford it, I strongly recommend carrying at least $100,000 per person and $300,000 per incident in UM coverage. This ensures that if you’re injured in an accident with an uninsured or underinsured driver, your policy can cover medical expenses, lost wages, and long-term care.
The Bare Minimum If You’re on a Budget
If higher limits aren’t financially possible, at the very least, you should have $10,000 per person and $20,000 per occurrence. While this won’t cover everything in a serious accident, it’s far better than having no protection at all.
Why More Coverage Is Better
Medical bills add up fast. A trip to the emergency room, follow-up treatments, physical therapy—it all gets expensive quickly. If you only have minimum coverage, you could burn through it in a matter of days, leaving you with thousands of dollars in unpaid expenses.
If you don’t have uninsured motorist (UM) coverage, the reality is simple—you could be left with no compensation after an accident with an uninsured or underinsured driver. Let’s break it down:
No UM Means No Compensation for Your Losses
Let’s say you’re involved in an accident with someone who doesn’t have insurance. Without UM coverage, you’re stuck paying for your own medical bills, lost wages, and pain and suffering. The person who caused the accident isn’t going to pay for anything—and neither will their insurance company.
It Could Cost Thousands
Even a relatively minor accident can lead to significant expenses. Medical bills can pile up quickly, from emergency room visits to follow-up care. Add in lost wages if you can’t work, ongoing treatments, and future medical expenses, and you’re looking at thousands, if not tens of thousands of dollars, that you have to cover on your own.
Most People Realize They Need UM Coverage—Too Late
The unfortunate truth is most people don’t think about UM coverage until they’re already in an accident. At that point, it’s too late to get the protection you need. It’s not until you’re facing the financial burden of an accident that you realize how important it is to have coverage in place.
The right insurance, especially UM coverage, isn’t something to ignore. It’s the safety net you never think about until you need it.
So, if you haven’t already, take a moment. Look over your policy. Although it’s easy to miss, it’s crucial that you’re covered. Maybe it’s just a slight adjustment, or maybe you need a full review, but whatever it is, make sure you’ve got the right protection for your family.
And if you find yourself with questions or if an accident has left you wondering what comes next, don’t wait. Call me. I’m Rob Johnson, and I offer free consultations—no cost, no fee. Let’s talk about your coverage, your future, and make sure you’re taken care of when it matters most.
It always starts the same way. A phone call, a letter, maybe even a friendly visit. Someone from an insurance company reaches out, their voice calm, their words rehearsed. We understand what you're going through. We just want to help. How about we cover your medical bills? No hassle, no waiting. Just sign here.
It sounds reasonable. It sounds like relief. However, something about it doesn’t sit right. Why would they be so eager? Why the rush? You were just in an accident. You’re still figuring out the pain, the paperwork, the long nights of discomfort. And yet, here they are, ready to pay.
Most people don’t question it. They sign, they shake hands, they take the money. And that’s when they realize—they’ve just signed away something far more valuable than a check for medical bills.
Let’s clear something up right away—if you have a Florida auto insurance policy, your own insurance company is required to pay a portion of your medical bills after an accident. That’s called Personal Injury Protection (PIP).
PIP covers 80% of your medical bills, up to a maximum of $10,000. This is your coverage. It’s there to help you get medical treatment, no questions asked. And most importantly, you don’t need to sign anything to get it.
If your own insurance company is paying through PIP, that’s normal. That’s how the system is designed to work. However, if the other driver’s insurance company suddenly steps in and offers to pay your medical bills, that’s when you need to be careful. Because that’s not normal. That’s when you start asking, Why? What’s the catch?
Now, here’s where things get tricky. If the other driver’s insurance company calls you up after the accident and says, "We’ll pay your medical bills," you should immediately start asking some serious questions.
First off, why are they offering to pay? Your own insurance should be handling your medical bills through PIP. So why is the other guy’s insurance suddenly so eager to step in? Are they trying to be nice? Or is there something they’re not telling you?
And here's the biggest red flag, Are they asking you to sign something in return? If they are, you need to be cautious. A release is often involved—one that could end up shutting down your right to pursue further claims for future expenses related to the accident.
You have to ask yourself—Why are they making me sign this? The moment they ask you to sign anything, you need to take a step back. This isn’t as simple as it seems.
To help you understand this better, watch the video below where we dive deeper into the risks involved with signing any documents from the other party's insurance.
Most accident victims have no idea what they’re signing. The insurance companies know this. They count on it. They use confusing legal language to trick you into signing away your right to pursue future claims.
You might think you're just agreeing to let them cover your medical bills, but what you're really doing is agreeing to give up the right to seek additional compensation down the road. That means if your injuries worsen or require more treatment, you won’t be able to go after them for those costs.
It’s not just about medical bills, either. Pain and suffering—the discomfort, the trauma, the emotional toll—that’s another thing you might be signing away. And if you ever need future treatments or surgeries, well, you could be stuck paying for those out of pocket because you’ve already agreed to close the door on those claims.
The point is, these insurance companies aren’t offering to pay your medical bills out of the goodness of their hearts. They want to get you to sign a release so they can move on—and leave you with nothing when your needs grow down the line.
Insurance companies have a well-known trick they like to use—it’s called the “swoop and sign.” Basically, they swoop in right after an accident, before you’ve had a chance to fully assess your injuries, and try to get you to sign away your rights as quickly as possible.
Now, why do they rush? It’s not because they care about you. It’s because they want to close your case on the cheap—before you realize what you’re really entitled to. They don’t just want to cover your medical bills; they want to pay you the least amount possible and be done with it.
The longer you take to understand the full extent of your injuries, the more it’ll cost them. So, they try to get you to sign anything that will prevent you from coming back for future claims, and they do it while you're still in the dark about the long-term effects of the accident. The goal is to settle fast and low, leaving you with less than you deserve.
To Avoid Common Pittfall, Check Out Our Related Blogs:
How to File a Claim After Being Hit by an Uninsured Driver In Florida
Can You Pursue an Auto Accident Case Even With a Prior Injury?
What Does Full Coverage Mean in Florida? Understanding the Misconception
Here’s the bottom line—don’t sign anything without talking to an attorney first. That document they’re asking you to sign could be more dangerous than you realize, and you need someone who understands the fine print to guide you through it.
Before you make any decisions, call an attorney. Once you do, email them the document. Don’t try to figure it out on your own. Let the lawyer take a look. Most personal injury lawyers, including us, offer free consultations for situations just like this.
We’ll review that document with you, break it down, and tell you exactly what you’re signing—and more importantly, what you’re giving up. Getting that legal advice can save you from making a costly mistake you’ll regret later.
One moment, life moves as it always has. The next, it fractures. An accident, a blur of pain and confusion, and suddenly, the world is no longer the one you knew. Before you can even make sense of it, the phone rings. The insurance company. Their voice is steady, practiced—almost kind. They have an offer. A few thousand dollars, handed over without trouble, without delay.
It sounds tempting, right ? After all, you have bills piling up, maybe even lost wages. Whereas there’s something unsettling about it—why are they in such a hurry? Why does it feel like they know something you don’t?
Maybe it’s because they do. And that’s exactly why you should think twice before saying yes.
Right after an accident, the insurance company might come to you with an offer—$2,500, maybe $3,000—if you agree to release your claim. "We’ll give you this money right now," they say, as if they’re doing you a favor.
However, they’re not.
This is a lowball offer, plain and simple. The insurance company isn’t in the business to take good care of you—they’re in the business of saving money. And they know that if they can get you to settle early, before you even know the full extent of your injuries, they win.
Because here’s the thing—what if you’re more hurt than you think? What if your pain gets worse or you need more treatment down the road? If you take that first check, you’re done. You can’t go back and ask for more. That release is final.
So my advice is to never accept the first offer without talking to an attorney. A quick payout might seem nice at the moment, but your future health and financial stability are worth more than whatever they’re offering upfront.
Once you’ve gone through treatment, the insurance company might come back with a new offer. This time, it’s a bigger number. It might even seem reasonable. However, before you even think about accepting, you need to ask yourself a few key questions:
Does it cover all my past medical expenses? Every bill, every doctor visit—those costs add up fast.
Will it reimburse my health insurance? If your insurance company paid anything for your treatment, they’re going to want their money back.
Am I being fairly compensated for pain and suffering? This isn’t just about bills. It’s about what you’ve been through.
What about future medical costs? Even if you have health insurance, you’ll still have co-pays, deductibles, and out-of-pocket expenses. Will this settlement take care of that?
Does it account for mental anguish or loss of enjoyment of life? Your injuries might not just affect you physically—they could change your entire quality of life.
What about my spouse? If your injuries have affected your ability to support your spouse emotionally or financially, they may have a claim, too.
A settlement isn’t just a number. It’s about making sure you’re fully covered—past, present, and future. If the offer doesn’t do that, then it’s not enough.
Insurance companies want you to think they’re on your side. However, make no mistake—their priority isn’t you.
The Adjuster’s Job Isn’t to Help You
That friendly voice on the phone? Their job is to settle your claim for as little as possible. They might sound sympathetic, but at the end of the day, they work for the insurance company—not for you.
Filing a Lawsuit Can Increase Their Offer
If you push back—if you file a lawsuit—their tune often changes. Why? Because they know that a trial could cost them a lot more than settling. Many times, just the threat of going to court can make them offer you more.
Going to Trial Might Be the Best Option
If they’re refusing to offer fair compensation, sometimes you have to take them to court. A jury sees what you’ve been through, and they’re not looking out for the insurance company’s profits—they’re looking at what’s fair.
A lowball offer isn’t them doing you a favor. It’s a tactic. And if they’re not offering you what you deserve, you have options.
Explore some of our other related blogs:
How to Handle Out-of-State Car Insurance Claims in Florida Accidents
How to Avoid Common Pitfalls in the Car Accident Claims Process in Florida
Not every settlement offer is bad. Sometimes, taking the offer makes sense—but only under the right circumstances.
If It’s the Full Policy Limits
Insurance policies have a maximum payout amount. If they’re offering you every dollar available under the policy, that might be as good as it gets. In that case, accepting could be the right move.
If They’re Offering Less Than the Policy Limits
Now, if they’re offering you less than the full policy limits, that’s when you need to stop and evaluate. Is this offer really enough? Does it cover everything—your medical bills, pain and suffering, and future treatment? If not, you may want to push back.
Only You Can Decide—But Get Legal Advice First
At the end of the day, it’s your case, your injuries, your life. You have to make the call. But an attorney can help you understand what’s fair, what’s not, and whether you’re being lowballed.
Settling isn’t always a bad thing, but don’t accept an offer without knowing exactly what you’re giving up.
Watch this video to hear more about how we can help you decide whether to accept an offer or fight for more.
Insurance companies know exactly what they’re doing when they make you an offer. Do you?
Understanding the Real Value of Your Claim
We will break down what your case is actually worth, factoring in medical bills, lost wages, pain and suffering, and future expenses. You deserve the full picture before making a decision.
You Have the Final Say, We’re Here to Guide You
We don’t make decisions for you. We give you the facts, the strategy, and the best advice based on years of experience. But at the end of the day, it’s your case, and you make the call.
We Don’t Work for Insurance Companies, We Work for You
Insurance adjusters are trained to minimize payouts. We’re trained to maximize them. Unlike them, we have one goal: fighting for you and making sure you get every dollar you deserve.
No Risk, No Upfront Fees
We offer free consultations, and you don’t pay us a dime unless we win your case. That means there’s no risk in reaching out. However, there’s a lot to lose if you settle too soon.
The first question that inevitably crosses every client’s mind is, “How long is this going to take?” And rightfully so. After an accident, you need answers—and you need them fast. The thing is, the timeline for your case can vary. Some cases settle quickly, while others might take a bit longer, depending on a number of factors.
It could be that the insurance company is responsive and the facts of the case are clear, or maybe there are complications along the way that extend the process. The key is understanding that the timeline is fluid—it depends on how fast things move along, what challenges arise, and how the other side responds. However, I’ll give you a general timeline and walk you through each phase so you’ll know exactly where things stand.
The moment you sign up, we get to work. No waiting around, no delays. We start building your case from day one because the stronger the foundation, the better your outcome.
Sending Letters to Insurance Companies
One of the first things we do is notify the insurance companies. We send out letters letting them know we’re representing you, and we start gathering critical information—what policies are in place, what coverage limits exist, and what potential defenses they might throw at us.
Finding Out About Insurance Coverage and Possible Defenses
Insurance companies don’t just hand over money; they look for ways to reduce or deny your claim. So, we dig into the details. How much coverage is available? Are they trying to claim you were partially at fault? We uncover these answers early so there are no surprises down the road.
Investigating Slip-and-Fall Cases
If your case involves a slip-and-fall, we act fast. We reach out to the property owner, their insurance company, and anyone else involved. Our investigator gets out to the scene, takes photos, and documents everything before evidence fades. If you have pictures, we’ll use those too—because solid proof makes it harder for them to deny liability.
This part of your case isn’t about negotiations or legal battles—it’s about you. Your health comes first. The goal is to heal, to get as close as possible to the life you had before the accident. We don’t rush this process because settling too soon could leave you with unpaid medical bills and ongoing pain.
Medical Visits, Treatment Plans, and Documenting Injuries
During this time, you’ll be seeing doctors, following treatment plans, and doing everything necessary to recover. Every appointment, every test, and every diagnosis is documented because those medical records are going to be the backbone of your case. The more thorough your treatment history, the stronger your claim.
The Importance of Following Through with Doctor Visits
One thing insurance companies love to argue is that you weren’t really injured. If you skip appointments or stop treatment too soon, they’ll use that against you. They’ll say, "If you were really hurt, you would have kept going to the doctor." That’s why we tell our clients—follow through. Keep going until your doctor says you’re fully recovered or you’ve reached the best possible outcome.
Focus on Feeling Better Before Settling
We never push for a quick settlement before you’re ready. Because once you settle, that’s it. You can’t go back and ask for more if your injuries turn out to be worse than expected. So, take your time, focus on healing, and when the time is right, we’ll fight to get you the compensation you deserve.
A "demand" is our way of saying, "It’s time to settle this." We’ve gathered all the facts, the evidence, and your medical records. Now, we package everything up and send it over to the insurance company or the defendant, telling them, "Here’s what we think your responsibility is, and here’s the amount we’re expecting to settle the case." This is the point where we take all our hard work and put it into a formal request.
Packaging Medical Records, Bills, and Investigation Findings
We carefully organize everything—the medical records, bills, photos, investigation results—and put it all together in a neat, professional package. This shows the insurance company the full picture—how your injuries have affected your life and why the amount we’re requesting is fair.
Sending It to the Insurance Company to Settle the Case
Once we’ve got everything put together, we send the demand off to the insurance company or the responsible party. From here, it’s in their hands. However, don’t expect an immediate response. They’ll need time to review everything, check the details, and decide whether they’re going to meet our demand or not.
Expected Response Time (30-90 Days, Sometimes Longer for Government Agencies)
Most of the time, you’ll get a response within 30 days, but depending on the situation, it can take anywhere from 30 to 90 days. If the case involves a government agency, it could take even longer. Government entities often take more time to respond, but rest assured, we actively follow up to ensure they don’t delay unnecessarily.
By the time we reach the 8-10 month mark, we’ll have an idea of what your case is worth based on the offer from the insurance company. The question is, Do you take it, or do you fight for more in court?
What Happens If the Offer is Fair?
If the insurance company comes back with a fair offer that properly compensates you for your injuries, medical bills, and lost wages—it might be time to settle. The advantage here is that you get your money and move on with your life without the stress or uncertainty of a lawsuit. We’re not here to drag things out if a fair settlement is on the table.
What If It’s Too Low?
If the offer is too low, that’s a problem. We don’t settle for less than what your case is worth. We’ll go back to the table and negotiate harder, and if we can’t get the insurance company to budge, we’ll advise you to take it to court. They can’t intimidate us into accepting a lowball offer, and we’ll make sure your case is treated fairly.
Some Companies Refuse to Respond—What Happens Next?
There are cases where the insurance company just doesn’t respond. They ignore us, hoping we’ll give up. That’s when we kick things up a notch. If they’re not responding to our demand, we move forward with filing a lawsuit. They’ve had their chance to settle, and now it’s time for them to face us in court.
If all goes well and the insurance company offers a fair settlement, we'll call you in to hand over the check and walk you through the closing documents. Once you sign, your case is wrapped up, and you’re compensated for your injuries. This is the ideal outcome we aim for from the start. However…
If No Fair Settlement, Lawsuit Filing Begins
Now, if the settlement offer hasn’t been fair, or if the insurance company is still playing hardball, that’s when we step up our game. We’ll file a lawsuit and take your case to court. It’s a big step, but it’s one we’re ready for.
Gathering Documents and Information for Court
Once you’ve made the decision to file a lawsuit, it’s all about preparation. We’ll gather everything we need to present a strong case in court. This includes medical records, bills, witness statements, photos, and anything else that supports your claim. We’ll make sure your case is solid and that we’re ready for whatever the defense throws at us.
To get a better sense of how long the entire process could take, check out our video where we break it down for you in detail:
The courts are backed up. Whether it's the effects of COVID or the new laws that rolled out in March of 2023, there’s a lot of cases on the docket, and that means delays. The court system is underfunded and overwhelmed, and while we do everything we can to keep your case moving, it’s out of our hands once it’s in the court system.
Differentiated Case Management Orders – What They Mean for Your Case
Once we get into the court system, you’ll likely encounter "differentiated case management orders." These are the judge’s orders that will govern how your case moves along. They outline timelines for what happens next, and they’re meant to keep the case on track. But, remember, just because there’s a schedule doesn’t mean things will always go according to plan. With everything going on in the courts right now, we might see delays.
Depositions: What to Expect When Talking to the Opposing Attorney
One of the first things that’ll happen in court is the deposition. This is where you sit down with the opposing attorney, and they ask you questions under oath about your case. It’s part of the discovery process, and while it might feel intimidating, we’ll make sure you’re prepared. You’ll be asked about the details of your accident, your injuries, and the impact it’s had on your life. It’s also important to be honest and clear.
Mediation: Most Lawsuits Settle at This Stage (10-12 Months After Filing)
Now, most lawsuits settle during the mediation stage, which usually happens between 10 and 12 months after we file the lawsuit. Mediation is a chance for both sides to sit down and try to reach a settlement before going to trial. Both sides present their cases to find common ground. If we settle, you get paid; if not, we fight for you in court. Either way, we’re pushing for the best outcome.
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Trials can take 2 to 3 years due to delays in the court system, including backlogs and other unforeseen factors. While this timeline is beyond our control, the best approach is to stay patient.
Delays Aren’t the Lawyer’s Fault
I know it can be frustrating when things are moving slowly. However, delays aren’t really our fault. They’re part of the system we’re working in. The courts are overloaded, and while we fight to keep your case moving, sometimes it takes longer than expected. This isn’t something that’s under our control, and it’s definitely not because we’re not doing our job. We’re pushing hard, but we also need you to be patient and trust the process.
Some Cases Settle Before Trial, but Lawsuits Often Increase Case Value
While most cases settle before trial, sometimes filing a lawsuit can actually increase the value of your case. Insurance companies know that once a lawsuit is filed, the stakes are much higher. They can no longer drag their feet or offer lowball settlements. A lawsuit signals that you’re serious and ready to fight, and that often pushes the other side to make a fair offer. So, while it may seem like the trial process is dragging on, it can actually lead to a better result in the end.
Every case is different, and that’s why it’s important to get a personalized timeline for your specific situation. The general timeline I’ve laid out gives you an idea, but I can give you a much clearer picture once I know the details of your case. So, don’t wait—pick up the phone and call us for a free consultation. It’s risk-free, and I’ll be able to give you an idea of how your case will likely unfold based on your unique circumstances.
And remember, there are no fees unless you win your case. That’s right—no fees unless we secure a settlement or win in court. So, take the next step and reach out to us. You’ve got nothing to lose and everything to gain.
Sometimes, the hardest decisions are the ones that seem to demand answers before you’ve had a moment to think. In life, as in law, the pressure to act quickly can leave us questioning whether we’ve chosen the right path. How do you know if the hand you’ve reached for is steady? How do you trust that the words on the page are meant to protect you, not trap you?
These moments of doubt are natural, even necessary. They remind us that choice is a powerful thing—perhaps the only thing we truly own. And when it comes to something as personal as your legal representation, the freedom to choose, to step back, or to start fresh shouldn’t feel like a luxury. It should feel like a right.
A contingency fee agreement means that your attorney’s fee depends on the outcome of your case. If you win your settlement, the attorney gets paid. If you don’t win, they don’t get paid. It’s that straightforward. This setup allows you, the client, to pursue your case without having to worry about upfront costs or hourly fees. The attorney is only compensated if you get the result you’re looking for.
Now, why is this so common, especially in personal injury cases? Well, the reason is simple—most people don’t have the money to pay for an attorney’s time upfront, especially when they’re dealing with medical bills or missing work due to their injuries. Contingency fees level the playing field. They give everyone the chance to fight for what they deserve without financial barriers getting in the way. It’s a way for the attorney to show they’re invested in your case, because if you don’t win, they don’t get paid. So, in a way, they’re as committed to your success as you are.
In Florida, if you’ve signed a contingency fee agreement with an attorney, you have what’s called a "three-day right of rescission". This simply means that you have three full days from the date you sign the contract to change your mind and cancel it—without owing the attorney a dime in fees. If you decide to back out, you won’t have to pay for their time or legal work. It’s a safety net that lets you make sure you’re comfortable with your decision before moving forward.
However, and this is important, you may still owe the attorney for any costs they’ve already spent on your case. For example, if they’ve conducted an investigation or had any other out-of-pocket expenses, those costs will still be your responsibility. But, in terms of attorney fees? Nothing. That’s the benefit of the 3-day window—it’s a chance to make sure you’re really comfortable with the attorney you’ve chosen, and if something doesn’t feel right, you have a way out without any penalty.
This right matters because, as much as we’d like to think we’re making the right choice every time, sometimes things don’t feel like they’re working out. Whether it’s a gut feeling, a change of heart, or simply a matter of needing more time to make a decision—you have the right to cancel within that three-day period.
So, you’ve decided that the attorney you signed up with isn’t the right fit for you. No worries, you’ve got options. If you're within that three-day window, here’s what you need to do to cancel your contract:
Write it Down: First things first, you need to put it in writing. Whether you prefer email or a physical letter, make sure you clearly state that you’re canceling the contract. You don’t want there to be any confusion later on. If you go with email, make sure it’s something official, like a formal resignation letter or a simple, clear email. The main point is—document it.
Be Direct: In the email or letter, mention that you’re canceling the agreement under Florida’s three-day right of rescission. You don’t have to give a detailed explanation of why, just keep it straightforward and to the point. You’re within your rights to cancel, and the attorney should respect that.
Send It Right Away: Time is of the essence. You want to make sure your cancellation is done within those 3 days, so don’t delay in sending the letter or email. The sooner, the better. Remember, the clock starts ticking the day you sign the agreement, so act fast.
Keep a Copy: Always keep a copy of what you sent. You never know when you might need proof that you canceled in time. If it’s a letter, get a delivery confirmation. If it’s an email, save the sent copy and any read receipts.
Avoid Liens: The last thing you want is for the attorney to place a lien on your case for the time they’ve already spent working on it. That’s why it’s so important to cancel before they get a chance to do that. If you wait too long, they might have already started working on your case, and they can try to claim payment for that work. By canceling early, you can avoid that situation.
Now, what happens if you miss that three-day window? Well, don’t panic. At our firm, we understand that sometimes you need a little more time to be sure about your decision. That’s why we offer a 30-day no-fee guarantee.
Unlike the standard three-day rescission period, we give you 30 days to decide if you’re happy with the way we’re handling your case. That’s right—30 full days to evaluate whether you feel comfortable with our communication, our approach, and our service. We know that choosing the right attorney is a big deal, and we want you to be 100% confident in your choice before you move forward.
The benefit of this extended window is you have more time to really get a sense of how we work. In the first 30 days, if you feel like we’re not the right fit for you—maybe we’re not returning your calls or not keeping you in the loop as you expected—just let us know. No hard feelings. You won’t owe us anything for our time or legal fees. You’ll just be responsible for any costs we’ve already incurred on your case—things like investigation fees, for example.
The 30-day window gives you the breathing room to make an informed decision without feeling rushed or pressured. It’s our way of showing confidence in our service and making sure you feel comfortable with us. You don’t have to make any snap judgments—we’ve got you covered for a full month. That’s how sure we are about our ability to get the job done right and take care of you as a client.
When it comes to choosing an attorney, one of the most important things you can do is make sure they’re operating ethically. You deserve someone who truly has your best interests at heart—not someone who’s just out to sign another client. Unfortunately, not every attorney out there plays by the rules.
Let me give you an example. Imagine you’re in a hospital room, vulnerable and in pain, and someone walks in trying to get you to sign a contract right then and there. If that sounds like a scene out of a movie, you’re not far off—it’s straight out of The Rainmaker. That kind of behavior is not just unprofessional; it’s unethical. A good attorney doesn’t pressure you into signing anything when you’re not in the right state of mind to make that decision. If someone approaches you like that, it’s a major red flag.
If an attorney comes to you unsolicited—whether in a hospital, at your home, or anywhere else—you should stop and question their intentions. Ethical attorneys don’t chase after clients. Instead, they let you come to them when you’re ready. Another sign to watch for is an attorney who seems more interested in signing you up quickly than explaining your options or answering your questions. If they’re not taking the time to listen to you and understand your situation, that’s a big problem.
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In the end, the choices we make often come down to a single, quiet question: "Am I doing what’s best for me?" When it comes to selecting the right attorney, the answer should never feel rushed or uncertain. It’s about trust, integrity, and the confidence that the person standing beside you truly has your back.
Reach out today for a free consultation. No pressure, no obligation—just an honest conversation about how we can help. Because in the pursuit of justice, every step should feel like the right one.
There’s a moment, just after it happens, when time seems to stand still. You’re lying there, on the cold floor of a supermarket or the hard pavement of a parking lot, and the world feels both distant and uncomfortably close. Embarrassment floods in first, followed quickly by a sharp pain or a dull ache that whispers: This isn’t how today was supposed to go.
Slip-and-fall incidents are rarely about the fall itself. They’re about what follows—the questions, the frustration, the realization that this wasn’t an accident at all, but the result of someone’s negligence. And while the world keeps moving around you, you’re left wondering how to make sense of it, how to make it right.
Carter Injury Law understands the chaos that comes after the fall. And more importantly, we’re here to help you rise.
Slip-and-fall cases are a type of premises liability claim, which means they arise when someone gets hurt because a property owner or establishment failed to maintain their premises in a reasonably safe condition. These cases are about more than just the fall itself—they’re about the responsibility a business or property owner has to the people who walk through their doors.
For example, when you enter a store, a restaurant, or even a residential property, you trust that the environment is safe. You’re not expecting hazards that could trip you up or cause you harm. Legally, that trust isn’t just a courtesy—it’s a standard of care that the property owner is obligated to uphold. If they neglect that duty and someone gets hurt, that’s where a slip-and-fall case comes into play.
Slip-and-fall accidents can happen in a variety of ways. Let’s take a closer look at some of the most frequent causes:
Wet or Slippery Floors
This is one of the most common culprits. Whether it’s from spilled liquids, recently mopped floors, or even rainwater tracked in from outside, wet floors create a dangerous environment. Businesses have a duty to promptly clean up spills or post warning signs if the floor is still wet. If they don’t, it can lead to serious injuries.
Uneven Surfaces
Broken pavement, loose tiles, or uneven flooring may not seem like much at first glance, but they’re accidents waiting to happen. Walking on a surface that suddenly changes height or texture can easily cause someone to trip and fall. Property owners are expected to repair these issues or at the very least warn people of the hazard.
Poor Lighting
Without proper lighting, it becomes difficult to see obstacles or changes in the surface ahead. Poor lighting isn’t just inconvenient—it’s dangerous. Businesses must ensure their lighting is adequate to help prevent unnecessary accidents.
Obstructed Walkways
Walkways cluttered with boxes, merchandise, or other obstacles are a hazard to anyone trying to pass through. It’s the responsibility of the property owner or manager to keep pathways clear and accessible, ensuring that people can navigate the space safely.
Slippery Parking Lot Coatings
Parking lots might not be the first place you think of when it comes to slip-and-fall accidents, but they’re a common site for injuries. Sometimes, the surface of a parking lot is made slippery because the wrong type of paint or sealant was used. Facilities are often required to use non-slip coatings to prevent falls, but not all of them comply. When they fail to meet these standards, it puts everyone at risk.
Slip-and-fall accidents can occur almost anywhere, but certain locations tend to see them more often. Let’s break it down:
Retail Establishments
Whether you’re shopping at a big-box store or a local boutique, retail spaces are a frequent site for slip-and-fall accidents. From slippery entranceways during rainy weather to merchandise cluttering the aisles, there are countless hazards if the store isn’t properly maintained. Retailers invite the public in, and with that invitation comes a legal responsibility to ensure the shopping environment is safe.
Restaurants and Supermarkets
In places where food and drinks are served or sold, the risk of slip-and-fall incidents increases. Spilled beverages, dropped food, and freshly mopped floors are all common hazards. Restaurants and supermarkets have a duty to address these issues quickly and make sure the public is warned about any potential dangers, like wet floors or broken tiles.
Public Spaces
Parks, sidewalks, and government-owned buildings are other places where slip-and-fall accidents frequently occur. In these spaces, the responsibility often falls on a municipality or public entity to maintain the area. That means ensuring sidewalks are even, stairways are safe, and any hazards are addressed promptly to avoid injuries.
Residential Properties
If you’re visiting an apartment complex, condominium, or private home, the property owner or landlord has a duty to keep the premises safe for guests. Hazards like broken steps, slippery driveways, or poorly lit pathways can lead to accidents and property owners can be held responsible if they fail to address these risks.
Most businesses and property owners carry general liability insurance to cover incidents like these. These policies are designed to protect them from the financial fallout of an injury claim. But just because they have insurance doesn’t mean they’ll admit fault or willingly compensate you for your injuries. That’s why it’s so important to understand your rights and work with someone who can advocate for you.
The steps you take immediately afterward can have a significant impact on your health, your recovery, and your ability to seek justice. Here’s what you need to do:
Report the Incident
The first step is to notify someone in charge—whether it’s an employee, manager, or property owner. Let them know what happened and where it occurred, and make sure an incident report is filed. This report creates an official record of the accident, which can be invaluable later. If possible, ask for a copy of the report for your own records. Keep in mind that in Florida, businesses are not required to give you a copy, but it never hurts to ask.
Seek Medical Attention
Your health should always be your top priority. Even if you think your injuries are minor, it’s crucial to get checked out. Many injuries from slip-and-fall accidents, like sprains, fractures, or even concussions, don’t always show immediate symptoms. Visit an urgent care clinic, see your primary care physician, or if necessary, go straight to the emergency room. In severe cases, don’t hesitate to take an ambulance.
Document Everything
While you’re still at the scene, try to gather evidence if you’re able. Take photos of the area where you fell, including any hazards like wet floors, poor lighting, or uneven surfaces. Make note of the time, date, and any witnesses who saw what happened. If someone else is with you, ask them to help you document these details.
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The first thing you need to do is reach out to us for a free consultation. It’s not just some brief chat. It’s a moment for us to listen to your story, to understand the details of your accident, and to offer you clarity in a world full of confusion. If you’re burdened with medical bills, lost wages, or the endless back-and-forth with insurance companies, we’re here to help you find the best way forward.
In that consultation, we’ll make sure to answer every question you have and address the concerns you’ve been carrying. You shouldn’t feel lost, and you shouldn’t feel alone. Just an opportunity to get the answers you need and to understand how we can help.
We’re your advocates, your support, your partners in the pursuit of justice. If you’ve had a slip-and-fall accident, don’t wait. Call us now. Whether you want to meet face-to-face in our office or have a conversation over the phone, we’re here to offer you the attention and guidance you deserve.
If you’ve found yourself in the aftermath of a car accident, the uncertainty can feel paralyzing. The confusion, the mounting stress, the questions that never seem to have simple answers. One of the biggest concerns people have is whether their case will go to court. It’s a natural question, a fear that lurks in the back of your mind as you wonder if you’re heading toward a long, drawn-out legal battle.
However, that doesn't mean it's always smooth sailing. There are twists and turns in the journey ahead, and sometimes, the path to resolution can be much more complex than you’d expect. So, where does this leave you? And what happens if it takes an unexpected turn? Well, that’s the real question—and it’s one we’re here to help answer. Let’s explore what happens when it begins…
Right after an accident, a lot of people wonder, "Am I in a lawsuit now?" The simple answer is, no, not yet. Your case doesn't go straight to a lawsuit. Instead, it starts as something much more straightforward: a claim.
Think of this as the first official step in the process. After an accident, you’re essentially telling the insurance company—or sometimes the person or business responsible—that you’re seeking compensation for your injuries. It’s not a lawsuit yet, but it’s where we begin the journey of making sure you’re taken care of.
When you file a claim, the insurance company will give you something called a claim number. This number is crucial because it helps track your case as it moves through the process. It’s a sign that your case has officially entered what we call the “pre-suit process.”
In this phase, we begin gathering the details. First, we reach out to the insurance company to find out the specifics of their policy. What are the insurance limits? How much coverage do they have? This information is very important because it helps us understand what we’re working with when it comes to negotiating a settlement.
Our goal during this time is to settle your case without going to court. That’s why we send a demand letter to the insurance company. In that letter, we explain exactly how the accident has affected you—whether it’s your health, your job, or your everyday life. We make a solid case for the compensation you deserve. Most of the time, we aim to negotiate with the insurance company to get you a fair settlement, avoiding the stress of a trial.
Now, here’s where it can go one of two ways: settlement or lawsuit. Let’s explore them with more details
In many cases, we’re able to settle your claim without stepping foot in a courtroom. That’s our goal, after all—to reach a fair settlement as quickly and efficiently as possible. This means the insurance company agrees to compensate you for your injuries and damages, and we’re able to wrap up your case without the need for a trial. We can do this through careful negotiation, presenting a strong case to the insurance company that shows why they need to offer you fair compensation. This avoids the stress of a lengthy legal process and gets you the help you need faster.
But sometimes, the insurance company doesn’t play fair. If they offer you a lowball settlement, you don’t have to accept it. We’ll push back and demand what you truly deserve. If they delay your case—meaning they drag their feet, keep asking for more information, or don’t respond in a timely manner—that’s another sign that we may need to move to the next step. Or, worst case scenario, they might outright deny your claim, and that’s when things get a little more complicated.
When that happens, we need to seriously consider filing a lawsuit. This is where things can get a little more formal. In Florida, there’s a statute of limitations, which sets a deadline for filing your lawsuit. You have two years from the date of the accident to file your case in court. This is a hard deadline, so if it comes to filing a lawsuit, we want to make sure we do it within that window.
Once we file a lawsuit, it officially enters the litigation process, and we start with a complaint. This is a formal document that outlines your case and the reasons why you’re seeking compensation. From there, we file it with the court and serve the defendant (the person or company responsible for your injuries) with a copy of the complaint. This is when your case officially transitions from a claim to a lawsuit.
Okay, so your case is now officially a lawsuit. But does that automatically mean you have to go to court? Not necessarily. I know that the idea of going to court can be intimidating, but most cases don’t end up in court right away—if at all. Once the lawsuit is filed, there’s still a lot of behind-the-scenes work that goes on first.
The first step in this phase is what’s called discovery. This is where both sides exchange information. Think of it as a process of both of us gathering the evidence needed to support our case. We’re going to request documents, question the other party, and get a clear picture of what happened and what damages were caused. This is an important step because it helps build your case, but it’s not something that requires you to go to court.
Now, you might be wondering about depositions. A deposition is another part of the discovery process. It’s a chance for the other side’s attorneys (and sometimes the defendant themselves) to ask you questions under oath. It sounds a little like something you’d see in a courtroom drama, but in reality, it’s usually much less formal.
Most depositions take place outside of a courtroom, often over Zoom or at a neutral location, like a court reporter’s office. You’ll be asked questions about the accident, your injuries, and how this has affected your life. It can feel a little uncomfortable, but don’t worry—I'll be there with you, making sure you know what to expect and helping you navigate the process.
So, while depositions are court proceedings, they’re not the same as a trial. You won’t be in a courtroom with a judge and jury—at least not yet.
Before we even think about heading to trial, most cases go through a process called mediation. You’ve probably heard the term before, but what exactly does it mean for your case?
Mediation is essentially a settlement meeting, but with a twist—it’s led by a neutral third party, known as the mediator, who helps both sides try to resolve the case without the need for a full trial. The mediator’s job is to listen to both sides, understand the issues, and then try to guide us toward a resolution that both parties can agree on.
Now, mediation is required by the court. Before we can move forward with a trial, the judge will typically require that we go through this step. It’s not optional. However, while it’s a required step, mediation isn’t in front of a judge, so it’s much more informal and relaxed than what you might imagine a courtroom to be like.
So, when do you actually have to go to court? The short answer is only if your case goes to trial. But very few cases actually end up going to trial. Most of the time, insurance companies will step up and settle the case before it gets to that point. They know that going to trial is a big deal, it’s expensive, and it’s unpredictable for both sides.
It’s important to understand that trial is the rare exception, not the rule. Most of the time, we’ll be able to negotiate and come to a settlement before things ever get that far. But if we do end up in a situation where the insurance company refuses to offer a fair settlement, or if they deny your claim outright, we may have no other choice but to take your case to court.
If you're feeling unsure or overwhelmed about what to do next, you don't have to face it alone. Pick up the phone and give us a call for a free consultation. We’ll walk you through the process, clear up any confusion, and answer the questions that keep you up at night. In a world that often feels indifferent, it's important to know that someone is in your corner.