How to File a Lawsuit After a Car Accident

Were you or someone you know hurt in a car crash in South Florida? Unfortunately, car accidents are an all too common occurrence in Florida. It is very likely that you or someone you know has been involved or will be involved in a car accident at some point in your lifetime. From a minor fender bender, to a serious multi-vehicle accident, our team can help guide you through the process of filing an insurance claim against the negligent driver or filing a personal injury lawsuit for damages. In this blog post, we will provide a brief overview of the process.

What Happens in a Car Accident Lawsuit?

To begin, it is important to point out that most car accident cases are resolved via settlement between the parties. In fact, statistics show that only about 5% of personal injury cases go to trial in the United States. That is why parties involved in a personal injury lawsuit can agree to settle the claim at all stages of the case, even at trial. The first steps take place at the scene of the accident. In order to preserve your ability to file a lawsuit, it is wise to keep a checklist of pieces of information you need to collect after being involved in a car accident. In some cases, you may find that your insurance provider has a checklist on their apps that you can use for this purpose.  In any case, make use of your smartphone to take detailed pictures of the damage to your vehicle and any notable road conditions that could have contributed to the crash. If a negligent driver caused the accident, you have a right to file a car accident lawsuit against them as an injury victim. When you file a lawsuit, the attorney handing your case will draft a Complaint that details the circumstances surrounding your accident and further explains why the defendant is responsible for your injury and damages. In most cases, the next step is that the Defendant will have to respond to your complaint within 20 days after being served with the complaint. Then you will have to go through the discovery process which can take several months to a year depending on the complexity of the case. Additionally, if your case requires the use of doctors or experts as witnesses, it may take considerably longer because all parties need to schedule depositions and gather documents in order to analyze the case and decide on how to proceed. At some point after or during the discovery portion of the claim, the defendant may file a motion for summary judgment. A motion for summary judgment is typically filed when a party believes the outcome of any potential trial is obvious under the law. The party is basically trying to avoid the added time and cost of trial. If the motion is denied by the court, the case will proceed to trial before a judge and a jury will decide the fate of the parties. If the decision is in favor of the plaintiff, an award of damages will also be made.

Call a Car Accident Attorney Today!

Car accidents are tremendously common in the state of Florida. If you or someone you love were hurt in a car accident, it is wise to contact a car accident attorney so that you can get information on how to make a claim against the at-fault party’s insurance company or file a lawsuit against said party if necessary. Our law firm is knowledgeable and experienced in all types of motor vehicle accident cases. The damages that can be recovered in a car accident claim or lawsuit are meant to take care of the many expenses you may be faced with after an accident. Car accident injuries can be severe and for many victims, medical treatment can add up to thousands of dollars. Meeting with a car accident lawyer can facilitate the claims process. At Suarez and Montero, our policy is that if you don’t recover, we won’t charge you a dime. Not to mention, we also provide free slip and fall accident consultations where we evaluate the facts of your case and provide you with an overview of potential courses of action you may take. Our lawyers can provide you with efficiency, experience, vital information, and can help obtain the compensation you need to recover from your injury. We are available 24/7 to obtain a risk-free consultation!

We serve clients all over South Florida in Miami-Dade and Broward:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

Jaime Suarez

An experienced legal personal injury defense professional in Miami, who is dedicated to helping accident victims with personal injury cases involving automobile accidents, brain and spinal cord injuries, slip and fall accidents, prescription errors, wrongful death, and accidents at work.