Handling A Personal Injury Lawsuit In South Florida
Personal Injury cases come in all different levels of severity. Below we will go over the process you need to take in a lawsuit.
1. The first step you want to take is to consult with an attorney. After getting into an accident, it is important you take this matter into action right away. If you wait too long, it might be too late. Topics you are going to want to talk about is the fault of the other party that was involved, if you are able to seek compensation from the individual or business that was at fault, how badly injured you are, medical costs, and legal options.
2. After your consultation, your attorney should investigate your case by looking at police reports, where the accident was taken place, photos, witnesses’ testimonies, bills and medical records, your history of employment and how much you earn, and much more. Depending on the situation, your attorney should collaborate with the appropriate experts and they should also determine liability of the other party. A lot of the times your attorney might even get data from your vehicle’s black box which can let them know the condition of both the vehicle and the road just before the crash happened. They can also pull up video surveillances considering the fact that there are camaras in almost every spot. They may also contact witnesses during the time of the accident. They should keep you up to date with everything they are doing for your legal needs.
3. You are going to include a demand letter for settlement that talks about your case, including both damages and liability. Once you have created that letter, it is often viewed by the other party involved whether it’s an individual or a company. The opposing party will then decide if they are going to reject, make a counteroffer, or accept the demand. In your demand letter, you want to make sure that you are as detailed as possible because this is the most important impression you can make to the other party.
4. Your attorney can help you file a lawsuit to seek compensation if your claim can’t be settled right away.
5. Before the trial, each party has evidence from one another, and they are able to evaluate the nature of the opposing party’s case.
6. A lot of the times before the trial, you might have a mediation phase. This actively demonstrates that a mediator which can be current or former judge may overlook at your case in order to avoid trial. Mediation is an informal step in which the two parties try to get into an agreement. In this step, it is important to have someone who is professional in this area because this can have long lasting effects for the exact purpose of your case.
7. If nothing was finalized during the mediation process, then going into trial would be the next step. Going into trial means that a jury will determine who’s at fault and who will receive compensation based on the facts.
8. In a lot of cases, the losing party obviously never wants to lose. What usually happens is that they may appeal a case – meaning they want the case to be judged by a higher court for review of the decision from the lower court. This process is different from the trial process which we talked about in the prior steps. Having someone that is an experienced appellate can be very helpful.
To sum up everything that has been stated so far, seeking compensation for your injury can be stressful and can take up a lot of time. Having a lawyer can help you save time, give you peace of mind, and help you focus on getting better. Your lawyer will help you take care of all your complications.