Injury Claim Process — Frequently Asked Questions

Nothing up front. At Dean & Camper Injury Lawyers, we never charge any fees or costs unless we win. You will never pay anything out-of-pocket. We pay you when we get you a money recovery on your injury claim.

If in the unlikely event we don't get you a money recovery, you won't owe us anything — regardless of how much time, effort, or expense we put into your claim.

Once you retain us, we immediately take over all communication with the insurance companies so you don't have to deal with them. We will:

• Send written notice to all relevant insurance carriers that we represent you
• Begin gathering all accident reports, witness information, and evidence
• Identify and investigate all available insurance coverages and policy limits
• Set up your file and assign your case to an attorney and paralegal team
• Advise you on the best way to proceed with your medical treatment

From that point forward, any calls or correspondence from insurance adjusters should be directed to our office.

Not necessarily. We handle cases for clients throughout Florida and Alabama and can take your initial consultation and sign you up by phone or video call. We will come to you — in the hospital, at home, or wherever is most convenient — if needed.

There are certain stages of the case (such as deposition preparation and signing settlement documents) where we strongly recommend an in-person meeting, but we work around your schedule and location.

It depends on the severity of your injuries and how long it takes to complete medical treatment. No case should be settled until the exact nature of your medical condition has been determined and all investigation has been completed.

It typically takes at least a month just to gather all the necessary information — medical records, bills, lost wage documentation, and accident investigation materials. In many cases, answers cannot be obtained from your treating doctor until treatment is fully complete. Cases involving serious injuries, disputed liability, or that require a lawsuit can take a year or more to resolve.

Yes — this is one of the most important things you can do for your claim. Consistent, documented medical treatment is the foundation of your injury claim. If you stop treating before your doctor releases you, the insurance company will argue that you must not have been seriously hurt.

Follow all instructions from your treating physicians, attend every scheduled appointment, and report every symptom — even ones that seem minor. Tell your doctors exactly how your injuries are affecting your daily life, work, and activities.

Please save and send us anything related to your accident and injuries, including:

• All medical bills, statements, and Explanation of Benefits (EOB) notices from your insurer
• Any out-of-pocket receipts — prescriptions, medical devices, travel to appointments
• Documentation of any missed work or lost income
• Photos of your injuries as they change and heal over time
• Any correspondence you receive from insurance companies (forward immediately — do not respond)

No. This is critically important. Insurance companies and their attorneys actively and continuously search the internet and social media for information about claimants. Anything you post on Facebook, Instagram, X (Twitter), TikTok, Snapchat, or any other platform may be viewed and used against you by the insurance company involved in your claim.

Keep in mind that any photo in which you appear in any way active can be taken out of context and used to dispute the severity of your injuries.

Best practice while your claim is pending: do not post about your accident or your injuries, and avoid posting (and being tagged in) any activity photos that might arguably bring in to question the seriousness of your injuries.

A demand letter is a formal written communication from your attorney to the at-fault party's insurance company. It sets out the facts of your accident, the nature and extent of your injuries, all medical treatment received, lost wages, and the total amount of compensation you are demanding in settlement.

Demand letters are typically sent after your medical treatment is complete and all records and bills have been gathered, so the insurer has the complete picture of your damages. After receiving our demand, the insurer has a specified period to respond.

The value of your claim depends on many factors, including:

• The nature and severity of your injuries
• The total amount of your medical bills and future medical needs
• Your lost wages and impact on your earning capacity
• Your pain, suffering, disability, and disfigurement
• The strength of the evidence establishing the other party's fault
• The amount of available insurance coverage

Your attorney can often only determine the full value of your claim once your medical treatment is complete and we have gathered all the facts. We will also need to address any questions of insurance coverage, vehicle ownership, or employer relationships before making a settlement demand.

Our more common practice is to thoroughly prepare your case and communicate with the defendant and its insurance company prior to filing suit in an attempt to reach an agreeable settlement. However, insurance companies sometimes deny valid claims or make unreasonably low offers.

When that happens, filing a lawsuit is often necessary to force the case to a fair resolution. The fact that a lawsuit has been filed does not mean your case will go to trial — the vast majority of cases settle at some point during the litigation process.

Every state sets a deadline — called the statute of limitations — by which a lawsuit must be filed or the right to sue is permanently lost. In Florida, the general statute of limitations for personal injury is 2 years from the date of the accident. In Alabama, it is also 2 years.

Missing this deadline almost always results in losing your right to compensation entirely, regardless of how strong your case is. Contact an attorney as soon as possible after your accident so these deadlines are never at risk.

No. Filing a lawsuit is a legal process — it simply means a formal complaint has been filed in court. The vast majority of injury cases settle before ever reaching a jury. Filing suit often moves the case forward and creates an environment where the insurance company takes the claim more seriously and offers fair value.

A lawsuit begins when your attorney files a document called the Complaint. The Complaint identifies the parties, describes the facts of the accident, sets out your legal claims against the defendant, and asks the court for a money judgment. Once filed, the Complaint must be formally served on the defendant.

After being served, the defendant (through their insurance company's attorney) files a formal response called the Answer. It is very rare that liability and damages are admitted in the Answer. This is also when the defense may make any counterclaims they feel they have against you, or allege that you contributed in some way to causing your own injuries.

Discovery is the formal pre-trial process by which both sides exchange information and evidence. It includes depositions, interrogatories, requests for production of documents, and independent medical examinations. Discovery is often the source of delay in a lawsuit — for example, getting a doctor's deposition may only take an hour or two, but coordinating the schedules of all lawyers and the doctor can take months.

A deposition is your sworn oral statement taken by the opposing attorney in front of a court reporter. After the lawsuit is filed, lawyers can take the statements of virtually anyone with knowledge of the facts — including you, witnesses, and your treating doctors. Since Covid 19 hit in 2020, the vast majority of depositions taken now are by video conference using Zoom.

Your attorney will send you special instructions if your deposition is scheduled and will set up a pre-deposition conference to prepare you for what to expect, go over likely questions, and help you feel confident. On the day of your deposition, plan to arrive approximately 15 minutes early to the location.

Interrogatories are written questions submitted by the opposing attorney that must be answered in writing under oath. When your attorney receives them from the defense, they will forward them to you.

You should do your best to gather the requested information and write down your answers in rough form as promptly as possible. Your attorney will have 30 days from the date the interrogatories were received to provide your answers to the opposing attorney, so you need to return them to your attorney quickly for them to be revised in final form. Your attorney will review your draft and prepare the final sworn answers for your signature.

Court rules allow the defense to request that you be examined by a doctor of their choosing — someone other than your treating physician. This is called an Independent Medical Examination (IME). Despite the word "independent," IME doctors are typically hired by and paid by insurance companies, and their opinions often favor minimizing your injuries.

Your attorney will notify you if an IME is scheduled and will fully prepare you for what to expect before you go. The IME doctor's findings are one opinion — your own treating physician's records remain the most important evidence of your injuries.

Yes. Your case can be settled at any time — either before a lawsuit is filed or at any point during the litigation process, right up to (and sometimes even during) trial. The key is that a fair settlement is rarely achievable without thorough preparation and effective presentation of your claim.

When an offer to settle is made — either by us or by the defense — your attorney will advise you of their recommendation and give you a full opportunity to accept or reject it. We will work closely with you and advise you on the fairness of any settlement proposal.

When we make offers and how we present them is a matter of strategy. However, we will never make any binding settlement offer or acceptance without your approval first. The decision to settle is always yours.

You do. Your attorney's role is to advise, recommend, and negotiate — but the final decision to accept or reject any settlement offer always belongs to you. We will never pressure you to accept a settlement we don't believe is fair, and we will never accept one without your approval.

Settlement proceeds are first deposited into our firm's trust account. From the gross settlement amount, the following are deducted and paid:

• Attorney's fees — our contingency fee percentage, as agreed in your retainer
• Case costs and expenses — court filing fees, expert fees, medical record costs, etc.
• Medical liens and outstanding bills — amounts owed to providers, health insurers, or government payors (Medicare, Medicaid) must be satisfied or negotiated

The remaining balance is your net recovery — the money you take home. Before any disbursement, your attorney will provide you with a detailed settlement statement showing every deduction so you know exactly where every dollar went.

A medical lien is a legal claim against your settlement proceeds by a medical provider or insurer who paid for your accident-related treatment. Common lien holders include:

• Health insurance companies (including employer-sponsored plans)
• Medicare and Medicaid
• Hospitals or doctors who treated you on a lien basis

In most cases, your attorney can negotiate liens down — often significantly — to increase the amount you take home. Failing to properly handle valid liens can create legal problems, so it is important your attorney addresses all liens before settlement funds are distributed.

No. The overwhelming majority of personal injury cases settle before trial. However, having attorneys who are ready and willing to take a case to trial is one of the most important factors in getting a fair settlement — insurance companies know when an attorney is unlikely to go to court, and they make lower offers accordingly.

At Dean & Camper, we prepare every case as if it will go to trial. That preparation is what drives fair settlements.

At trial, both sides present their evidence and arguments to a jury (or in some cases a judge). The process generally includes:

• Jury selection (voir dire) — both attorneys question potential jurors
• Opening statements — each side outlines what the evidence will show
• Presentation of evidence — witnesses testify, documents and exhibits are introduced
• Cross-examination — each side questions the other side's witnesses
• Closing arguments — attorneys summarize the evidence and ask the jury for a specific verdict
• Jury deliberation and verdict — the jury privately deliberates and returns a verdict

If your case goes to trial, we will spend the time necessary to thoroughly prepare you and best present your case to the jury. You will be fully briefed on what to expect at every stage.

Most personal injury trials last between 2 and 5 days, though complex cases involving serious injuries or multiple defendants can last longer. Getting a trial date on the court's calendar can itself take many months after discovery is complete, which is one reason why the overall timeline for a litigated case can stretch to 1–3 years from the date of the accident.