All personal injury cases have similar phases. In this blog post, I want to provide you with an overview of the steps so that you know what to expect throughout the process. Even though many cases settle before trial, the following is a very basic overview that will introduce you to many of the phases of a personal injury case, from start to finish.
The Initial Claim: To begin, we generally notify the other party that we are going to make a claim for personal injury or wrongful death damages. This involves sending a letter of representation to either of the year the insurance company or a risk management company. The only exception is when we want to investigate a bit further before letting the other side know about the claim.
Investigation Phase: during the investigation phase, my team will uncover all information we can about your claim, your damages, your injuries, the other parties involved and determine the theory of liability. Our team will also research all legal issues related to your specific case. If the other party doesn’t have insurance, we will notify you and let you know what your options are depending on the facts of your case.
Obtaining Medical Treatment: it is important to make sure that you keep up to date with your medical treatment. This means that you must make and keep your appointments and keep us informed as to your doctor visits and recommendations by your doctors. Whether you recover or have permanent injuries, we want you to do everything you can to live a better life, which means following your doctor’s advice.
Filing a Lawsuit: if your personal injury claim cannot be settled out of court, we will prepare and file a personal injury lawsuit on your behalf. The lawsuit is the formal process of suing that I thought party for the damages they cost to you or your loved ones.
Discovery: After your personal injury lawsuit is filed, each side has an opportunity to engage in the discovery process. Discovery is where we send the other side a list of questions to answer and a list of documents, they need to produce to us. This process allows us to obtain information we could not otherwise obtain on our own.
Depositions: Depositions provide parties to the lawsuit with an opportunity to sit down in a room and ask written questions under oath. During this process, you will be accompanied by your attorney. There are many rules that apply to depositions, but the setting is informal compared to being on the stand at trial. We take depositions of everyone involved if necessary, as well as others who have information relevant to the case.
Mediation: once your personal injury case is completed which means that everything has been done, the sides are generally ready for mediation. During the mediation process, we go to an office and a mediator is chosen who is neutral to assist in getting both sides to reach a settlement.
Trial: If your case does not settle during mediation, your case proceeds to trial. Trial is the time when we go to the courthouse and a jury is brought in. Each side presents their cases, the judge gives the jury the law and the jury reach a verdict after deciding liability of the parties and the value of the damages in your case.
Contact Our Car Accident Lawyer Miami Today!
Every personal injury case is different and may present unique and complex legal issues. The best way to deal with these challenges is to retain an experienced personal injury lawyer who can help you find the relevant evidence to support your personal injury claim. The personal injury lawyers at Suarez & Montero are ready to provide you with top-notch legal services. We take all types of personal injury matters including motor vehicle accidents involving trucks, government vehicles, cars, motorcycles, bicycles, ATVs, pedestrians, etc. We have the tools and legal experience and would like to put it to work for you! At Suarez & Montero, we would like to help our clients focus on recovering from their injuries while we focus on protecting their legal rights under the law. Our personal injury lawyers are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
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.