How Long Should My Car Accident Case Take in Fort Myers?

Clients often inquire about the timeframe for resolving their personal injury cases, a question with no one-size-fits-all answer due to the multitude of factors influencing case duration. However, our Fort Myers car accident attorneys at Wolfson & Leon can provide some general insights to clients at the outset. The following is what our potential clients can expect from us.

Controlled Factors: Understanding what's within our control is crucial. Effective communication and meticulous file management are key aspects our personal injury lawyers focus on. This involves:

• Ensuring all potential defendants are notified promptly.
• Responding promptly to requests for information, including medical records and accident reports, to prevent delays during the case's demand stage.
• Maintaining regular contact with clients to update them on case progress.
• Timely response to all correspondence and phone calls to maintain efficient communication channels.

By managing files efficiently, unnecessary delays can be minimized, aiding in moving the case toward a resolution.

Initiating the Demand Stage: Once a client reaches Maximum Medical Improvement (MMI), responsibility shifts to the personal injury attorney. At this juncture, all necessary medical records, lost wage proofs, and radiological films should be obtained. Liability investigations should be completed, along with consultations with relevant experts to establish the defendant's negligence.

With comprehensive information gathered, it's time to prepare and submit the demand. This entails drafting a letter outlining the case's merits and attaching supporting documents. Insurance companies are typically given 20 to 30 days to respond, but vigilance is necessary to prevent undue delays.

Insurance adjusters may request additional information, prolonging the process. If unreasonable delays persist, filing a lawsuit may become necessary, placing more control in the hands of the plaintiff.

Filing a Lawsuit: Initiating a lawsuit affords greater control over case duration. Once filed, the defendant must respond within 20 days, triggering various deadlines. Notably, scheduling the case for trial sets a deadline for mediation, effectively establishing an endpoint for resolution through settlement or jury verdict.

Litigation: Here is where a case can sit for a while unless your attorney is on top of the process. The goal should always be to get to mediation where 90% of cases are settled. However, to get the court to order mediation, it is often necessary to ask for a trial date. The court issues a trial order with deadlines. One of the deadlines and requirements is to attend mediation. All too often, defense attorneys will try to slow the process down. That way they can bill the insurance carrier as they work the case. The insurance company does not mind the delays since that means that they get to keep their money until the case is settled. It is important for your attorney to exchange discovery – basically documents and written questions/answers – with the defense and get your deposition set and completed. If the defense attorney and the insurance company do not have the discovery and your testimony in a deposition, they are likely to seek a postponement of the mediation. Again, it is up to your lawyer to push the case within the rules and limits of the court system.

Mediation or Trial: Most cases settle at mediation. Often it is up to 90% of personal injury cases resolve at mediation. Some cases can be resolved before mediation. Others may resolve following mediation after continued negotiations. In the event a case does not settle, then the case will have to be tried before a jury. In order to actually get the case to trial, all of the litigants are at the mercy of the court’s schedule. Many cases can be ready for trial but sit for months until the trial judge calls the case for trial.

Conclusion: At Wolfson & Leon, we prioritize resolving cases efficiently and professionally. Utilizing advanced case management software, we review cases monthly and often opt for court filings to mitigate unnecessary delays. Notices of trial are filed promptly, and if necessary, we proceed to trial without hesitation. Should an appeal be required, we stand prepared to represent our clients through the appellate process.

If you were injured in a car accident in Fort Myers or anywhere in SW Florida, call the Fort Myers car accident attorneys at Wolfson & Leon. They have defended victims of negligence in Florida since 1963. They have offices in Fort Myers, Cape Coral, Miami, Fort Lauderdale and Hialeah.

The personal injury lawyers at Wolfson & Leon litigate cases throughout Florida. At Wolfson & Leon, our injury attorneys are committed to providing comprehensive legal assistance to accident victims. We offer free consultations via phone, Skype, or in-person meetings at our office or a location convenient for you. Our team diligently gathers evidence, collaborates with witnesses and experts, and navigates the legal process on your behalf.

We pursue fair compensation through negotiation, mediation, or litigation, depending on the circumstances of your case. Unlike some firms that shy away from trials, we are prepared to go to trial if necessary, ensuring that your case receives the attention and dedication it deserves until a resolution is reached.

Contact us now at (239) 777-9954 for your free consultation. Wolfson & Leon is located at 3049 Cleveland Ave, Fort Myers, FL 33901, and proudly serves a wide range of Southwest Florida neighborhoods and communities, including North Fort Myers, Cape Coral, Bonita Springs, Naples, Estero, Fort Myers Beach, and more.