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Taking the Correct Legal Action Step by Step

When you talk, about your injuries, you should not unneccerily overstate your condition. Keep in mind the insurance company will probably place you under "scrutiny" to find out if your statement coincides with what you are truly able to do physically. Surveillance companies are very skillful at obtaining video footage of you, without you even knowing about their presence. With the help of latest technology, they might have a video camera located in the button of a shirt, which transmits a signal to a base unit which records your every move. The easiest way to overcome the problem of "surveillance" is to speak only the truth in the first place. It can be very embarrassing if you do not do so and the defense presents to a jury video footage which puts in doubt, your trustworthiness.

HOW IS COMPULSORY PHYSICAL EXAMINATION CONDUCTED?

During the course of a lawsuit, the defense would request you undergo a "compulsory physical examination" with a doctor of its choice. Because your medical condition is in question, it will be obligatory for you to undergo such a physical examination. You should be respectful and courteous to the examining physician and answer all questions honestly and accurately. You should not engage in discussing how you want to blame the defendant for the accident and should totally avoid discussing the facts of the accident itself, if possible. The physician engaged by the insurance company is there to examine and evaluate your physical condition; he or she does not need to know in detail about how the accident itself occurred. The most important factor for you to know is that the physician examining you on behalf of the insurance company is not there to determine how badly you are hurt, but rather to establish how little you are hurt. Though he or she may be nice and sympathetic, it is highly unlikely that, this examining physician is going to be fully supportive of what has happened to you. Most of these physicians involved in this process and occupying the role of examining physicians have been involved in the work for years and have performed hundreds, if not thousands, of physical examinations for the insurance company. Many of them originate a significant income from performing these examinations. Before any such examination is conducted, your Florida personal injury lawyer will, of course, discuss it with you and answer any questions you have regarding it.

WHAT IS MEDIATION?

A little over ten years ago, Mediation surfaced as a means of substitute for solving disputes. Mediation is a process where both sides get together with an independent third person (the Mediator) and attempt to search for settlement possibilities. Your Florida personal injury lawyer will treat Mediation like a mini-trial.

At Mediation, both sides are given equal opportunity to state their respective views in reference to the issues of liability and damages. Your Florida personal injury lawyer will try to take advantage of this opportunity by presenting argument and demonstrating exhibits and evidence as if it was a trial setting. The more effort the lawyer puts in the mediation the better prepared the lawyer will be to negotiate with the defense. The Florida personal injury lawyer will be very selective in reference to the Mediators he/she agrees to. Those, the lawyer will agree to, are either retired trial judges or trial lawyers skilled in understanding and assessing the types of claims and cases handled by the lawyer.

Nowadays court orders mediation is in virtually every jurisdiction in Florida. Once a sufficient amount of "finding" has been conducted (so that each side understands its strengths and weaknesses), the case is likely move towards Mediation. If your personal injury lawyer has had great success in Mediation he/she would look upon it as a positive event. In case your dispute is not resolved by Mediation, the judge is notified and the matter will proceed to trial as previously scheduled.

In the typical Mediation setting, you will not be asked to supply any lengthy testimony as to what you have been through. You might, however, be given a chance to explain in your own words what happened to you. At the same time you may refrain from speaking, under some circumstances, or not be asked to speak. You are advised to approach Mediation with the same courteous attitude you would have if you were appearing in court before the trial judge.

Even if your case is not resolved at Mediation, there might still be a chance to resolve it prior to or even during the course of trial. A number of cases over the years have been resolved while the jury was deliberating after having spent several days or weeks in trial.