Preparing for a Car Accident Lawsuit in Florida – What to Expect

Car accidents can be overwhelming, and if you’re considering filing a lawsuit in Florida, understanding the process can help ease some of the stress. Preparing for a car accident lawsuit involves several steps, from gathering evidence to navigating the legal system. Fortunately, you don’t have to do this alone. The Law Offices of Ron Sholes is here for you!

Below is an overview of what to expect when preparing for a car accident lawsuit in Florida.

Understand the Legal Grounds for a Lawsuit

Florida operates under a no-fault insurance system, meaning that after a car accident, your own insurance company pays for your medical expenses and certain other losses, regardless of who was at fault. However, if your injuries are severe and exceed the limits of your Personal Injury Protection (PIP) coverage, you may be eligible to file a lawsuit against the at-fault driver.

To file a lawsuit in Florida, your injuries must meet the “serious injury” threshold, which includes significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant scarring or disfigurement or death.

Seek Medical Attention Immediately

It’s crucial to seek medical attention immediately after the accident, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent, such as whiplash, concussions, herniated discs or internal bleeding. Also be sure to document everything. Medical records are essential evidence in your lawsuit, demonstrating the extent of your injuries and the necessary treatments.

Gather Evidence

Collect evidence at the scene of the accident, if possible. Take photos and videos of everything you can: the vehicles involved in the accident, the road conditions that day, nearby traffic signs and any visible injuries. Also, contact the police immediately after the accident to file a report. The police report will provide an official account of the incident, which is valuable for your case.

Witness Information

If there are witnesses who saw the accident, ask for their contact information. Having witness testimonies can support your version of events. Moreover, keep all related documents, including medical bills, repair estimates, insurance correspondence and any other expenses incurred due to the accident.

Consult with a Personal Injury Attorney

An experienced personal injury attorney in Florida can help you navigate the complexities of filing a lawsuit. They will evaluate your case, gather additional evidence and represent your interests. The Law Offices of Ron Sholes offer FREE case reviews. Contact us today to schedule yours! During this initial consultation, be prepared to discuss the details of the accident, your injuries and the impact on your life.

Filing the Lawsuit

If you move forward with the lawsuit, your attorney will file a complaint and summons with the court. This formally initiates the lawsuit. The complaint outlines your claims, the damages sought and the legal basis for the lawsuit. The defendant (the at-fault driver) must be served with the summons and complaint, informing them of the lawsuit and requiring their response.

Discovery Process

Both parties will exchange written questions (interrogatories) and requests for documents (requests for production) related to the case. Depositions involve sworn testimony taken outside of court. You, the defendant and any witnesses may all be deposed. Your attorney will prepare you for your deposition and be present during it.

Expert Witnesses

Expert witnesses, such as medical professionals or accident reconstruction specialists, may be called to provide testimony supporting your claims.

Settlement Negotiations

Some cases are settled before going to trial. Your attorney will negotiate with the defendant’s insurance company to reach a fair settlement. Mediation is a voluntary process where a neutral third party helps both sides reach a settlement. It’s often used to avoid the time and expense of a trial.

Going to Trial

If a settlement cannot be reached, your case will go to trial. Your attorney will prepare your case, including organizing evidence, preparing witnesses and developing a strategy. During the trial, both sides will present their arguments, examine witnesses and submit evidence. The judge or jury will then decide the outcome based on the evidence and testimonies.

Post-Trial

If the court rules in your favor, a judgment will be entered specifying the amount of compensation you are to receive. If the defendant appeals the decision, your attorney will guide you through the appeals process. Your attorney will also assist you in collecting the awarded damages, whether through direct payment from the defendant or through other legal means.

Wrapping Up

Filing a car accident lawsuit in Florida involves multiple steps, from understanding the legal grounds to navigating the trial process. Seeking immediate medical attention, gathering evidence, consulting with an experienced personal injury attorney and understanding each phase of the lawsuit are crucial for a successful outcome. To pursue the compensation you deserve following a car accident, contact The Law Offices of Ron Sholes today.