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You can sue if you have been hurt by a person in Florida. This will enable you to receive compensation for medical bills, lost time from work, and other losses. Knowing the stages of a personal injury lawsuit in Florida will enable you to prepare for legal action if need be. Most personal injury cases settle out of court.
We have helped many Florida clients through the process of obtaining a personal injury lawsuit. A step-by-step guide to what happens at every step of a personal injuries lawsuit.
1. Consult with a Lawyer Before Getting Medical Treatment
First, obtain medical attention after an accident. Even if you believe your injuries are minor, it is significant to have an extensive examination because some injuries will not manifest at once. Your medical records also become important evidence for your case.
Speak to a personal injury lawyer once you have taken care of your initial medical needs. A Florida injury attorney can sit down with you and assess your case and your legal rights. They will also be able to determine if a lawsuit is the most appropriate action to take. Your lawyer will also be able to obtain evidence in your best interest, such as accident reports, medical records, and witness statements.
2. Pre-Suit Negotiations
Your lawyer will typically attempt to resolve the case with the at-fault party’s insurance company before actually filing suit. Insurance companies frequently make offers to settle cases to save court expense and risk or to attempt to be equitable. Your lawyer will bargain on your behalf to ensure you get a reasonable settlement.
Your lawyer may suggest filing a lawsuit if a settlement is not possible or the insurance company offers an amount that is much less than what you deserve.
3. How to File a Complaint
If pre-suit settlement talks do not yield a good outcome, the second step would be to submit a Complaint to court. This document outlines your legal claims, case facts, and damages you are seeking. The defendant (the party you are suing) will be served with the legal papers after the complaint has been submitted.
4. The Defendant’s Response
The defendant is required to file a reply within a certain time frame, usually 20 days for Florida. He/She has the right to deny or accept any claims made in the complaint and raise defenses to your case. The defendant can counterclaim in certain instances and assert that you are liable for an accident.
5. Discovery
The Discovery phase is normally one of the longest periods in a Personal Injury Lawsuit. Each party obtains information to aid in constructing its case during discovery. This process involves:
- Interrogatories: Written questions to which each party is required to answer under oath.
- Depositions: Statements given under oath by witnesses, including yourself, as the defendant, or any other involved parties. Depositions take place outside the courtroom but can be used as evidence at trial.
- Document Requests: Requests to secure particular documents like medical reports or accident reports.
- Expert Witnesses: Both sides can retain expert witnesses, including medical experts and accident reconstruction specialists.
Discovery may take several months because both sides take their time to examine all the facts of the case.
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6. Pre-Trial Motions & Mediation
Either party, prior to a trial, may submit motions. These motions request that the court make rulings on certain matters, like dismissing a case or barring evidence. These are some of the most frequent pre-trial requests:
- Motion for Dismissal: A motion requesting a case’s dismissal based on a question of law or a procedural matter.
- Motion for Summary Judgment: A motion made to the judge asking him to decide in favor of a party without having to go to trial based on evidence brought out during discovery.
Mediation is utilized frequently in cases of personal injury, as well as pre-trial motions. It is an alternative process of dispute resolution where the attorneys and parties get together with a third-party, impartial mediator to attempt to come to an agreement. Mediation may resolve disputes and not having to go to trial.
7. The Trial
In the event that settlement negotiations and mediation fail, a trial will be held. In Florida, personal injury trials can be heard either by a judge or jury (a Bench Trial). Both sides will make their arguments during the trial. They may also call witnesses and present evidence in support of their case. The trial process includes:
- Opening Statements Both parties present a summary of their case before the judge or jury.
- Evidence Presentation: Both sides are required to present evidence such as medical records or expert testimony.
- Cross Examination: Both sides have the right to cross-examine witnesses and contest the evidence.
- Closing Arguments Both sides summarize the case and argue for why they should be ruled in their favor by the jury or judge.
After the closing argument, the judge will decide and render a verdict. The judge or jury determines the amount of compensation that you are entitled to if the verdict is in your favor.
8. Post-Trial Motions & Appeals
Even after the trial is over, motions may still be filed or an appeal made. Losing parties can file motions challenging the verdict. This could be a motion for a new trial or a reduction of the award.
If one or both parties believe that there was a mistake made during the trial, then they can file an Appeal and have the case reviewed in a higher court. An appeal can extend the time frame of a personal injury case and may lead to a new trial or even a modified verdict.
9. How to Collect Your Compensation
The final step after the case has been resolved is to receive your compensation. Insurance companies will often pay directly. If the defendant refuses to pay, however, your lawyer might need to take additional legal action to collect the judgment.
Patience, Persistence, and Perseverance Can Pay Off
Knowing the process will enable you to feel prepared and confident as your case moves forward. The steps of a lawsuit are important for creating a strong case and receiving the compensation that you deserve.
We are here at W. Lee Clark & Associates to assist you with every detail, from making a claim to negotiating with insurance agents to appearing in court, if necessary. Call us for a free consultation if you have been hurt in a car accident. You can also use our live chat option. Our law firm operates on a contingency fee. You will not be required to pay attorney fees until we settle or win your case. We can assist you in getting the compensation and justice you deserve.
