How the Legal Process Works

Every Case Is Different, but the Path Is Familiar

No two cases follow the same schedule. Some claims resolve in a few months. Others take a year or more, especially if a lawsuit is filed and the case heads toward trial. What stays consistent is the order of the stages below, and our commitment to explaining each one before you get there.

Your Role Along the Way

You do not have to manage your case, but a few things from you make a real difference:

• Keep up with treatment. Go to your appointments and tell us about any new doctor, therapist or prescription.
• Send us what you receive. Forward letters, bills and anything from an insurance company instead of responding yourself.
• Be candid with us. Tell us about prior injuries or earlier claims. We would much rather hear it from you than from the defense.
• Stay quiet online. Avoid posting about the accident, your injuries or your activities.
• Ask questions. We update you regularly in plain English, and no question is too small.

1. Free Consultation

It starts with a conversation by phone, at your home, by email, FaceTime or Zoom, on weekdays or weekends. We talk about how the accident happened, your injuries, your car repairs and rental, how Florida's no-fault law affects your medical bills and lost wages, and whether you may have a claim for pain and suffering. If we can help, you meet with Mike Hancock to go over liability, damages, insurance questions and a likely strategy. There is no cost and no obligation.

2. Investigation

Once we are hired, we move quickly to lock down the facts. That can mean obtaining the crash report, photographs and surveillance video, interviewing witnesses, inspecting vehicles or the property where you fell, and sending preservation letters before evidence is lost. We also identify every insurance policy that may apply, including PIP, the at-fault party's liability coverage and any uninsured/underinsured motorist coverage. When a case calls for it, we bring in accident reconstructionists, engineers, economists and medical professionals.

3. Medical Treatment and Recovery

Your job during this phase is to get better. Our job is to handle everything else: coordinating PIP benefits, tracking bills and records, and keeping insurers off your phone.

We generally do not try to settle a significant injury claim until we understand its full extent. Doctors call the point where your condition has stabilized Maximum Medical Improvement, or MMI. Settling before then can mean accepting money before anyone knows whether you need surgery or future care, and once you sign a release, you generally cannot reopen the claim.

4. The Demand Package

When the picture is clear, we put together a demand package for the insurance company. It typically includes your medical records and bills, proof of lost wages, photographs, a description of how the injury has changed your daily life, and an explanation of why the other party is responsible. In a car crash case, we also show how your injuries meet Florida's threshold for pain and suffering damages, such as a permanent injury, significant scarring or a significant loss of an important bodily function.

5. Negotiation

The insurer evaluates the demand and responds, often with a low first offer. Mike spent the early part of his career defending insurance companies, so he knows how adjusters value injuries and where they look for leverage. We answer with evidence and give you a clear recommendation on whether to accept, counter or prepare for litigation. The decision to settle is always yours.

6. Filing a Lawsuit, If Needed

In the vast majority of our cases, we reach a fair settlement without going to court. When an insurer will not pay what a claim is worth, we file a lawsuit, usually in the circuit court for the county where the accident happened or where a defendant resides. Filing suit does not mean your case will go to trial. It means the insurer now has a court schedule and deadlines to answer to. Florida's two-year deadline for most negligence claims makes timing important here.

7. Discovery

Discovery is the exchange of information between both sides. It usually includes written questions, requests for documents, depositions where witnesses answer questions under oath, and often an examination by a doctor chosen by the defense. We prepare you for every step, sit beside you at your deposition, and handle the rest of the work.

8. Mediation

Before trial, Florida courts routinely require the parties to try mediation. A neutral mediator meets with both sides and helps them look for a settlement. Nothing is decided unless you agree. Mike has been a Florida Certified Circuit Court Mediator since 2002, so he understands mediation from the neutral's chair as well as the advocate's, and he prepares you for what the day will feel like.

9. Trial

If the case does not settle, a judge or jury decides it. Trial preparation includes organizing exhibits, preparing witnesses and presenting your damages with help from the professionals who treated you. We prepare cases with trial in mind from the start, because insurers pay attention to which lawyers are ready to try a case. Even after a verdict, there can be post-trial motions or an appeal.

When Your Case Resolves

Whether your case settles or ends in a verdict, the money is deposited into our trust account. You review a written closing statement showing the recovery, our fee, case costs and any medical bills or liens being paid, and then you receive your check. Under our fee promise, absent extenuating circumstances, we never take home more than you. Learn more about how our fees work.

Questions About Your Case?

Call (813) 915-1110 or contact us online for a free consultation. If you are just getting started, our guide on what to do after an accident covers the first steps.