In Florida you must give 90 days notice to a potential defendant that you intend to file a lawsuit. This 90 day period is called a presuit.
Its purpose is to cut down on the number of lawsuits by trying to resolve the matter without having to file a suit. Presuit starts when we send a letter called a Notice Of Intent To Initiate Litigation to each potential defendant.
Along with the letter we send a list of the doctors that have treated you, the records, and the verified written medical expert opinion.The recipients of those letters forward the letters to their liability insurance carrier. The carrier contacts us directly or through an attorney (the defense attorney).
The defense attorney often finds an expert who agrees to sign an opinion stating that there was no negligence. We exchange information such as your lost wages and other damages and their liability coverage and employers.
Both sides have a duty to work together to try to resolve the matter at this stage. We see if they want to meet to see if we can resolve the case. The format of this meeting is a mediation. We'll talk about mediation later.
We may ask to interview the potential defendants. The defense may ask to talk with you as well. After the 90 days are up, we can file a lawsuit, which is the next stage.
The information you obtain here is not legal advice. Consult an attorney (preferably TiMedLaw!) regarding your own situation.
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