When to Lawyer Up After a Car Accident
At Suarez & Montero, our team of car accident attorneys in Miami will work with you every step of the way, offering the expert legal guidance you need to win your lawsuit. If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the driver, owner, or manufacturer could be liable. Our legal team of Miami car accident lawyers have decades of experience handling car accident cases. With an extensive understanding of the laws involved, we can make sure you’re fully compensated for any medical bills, pain and suffering and other damages you may have experienced. In this blog post, we will list some of the ways a car accident attorney can help after a crash.
Obtain Medical Records & Gather Evidence: You should go to the hospital or emergency care clinic within 24 hours twenty-four hours of the crash and the sooner, the better. You may not feel like you have major injuries, but often the symptoms of your injuries won’t show up for several days. That is why you need the doctor run tests to properly diagnose you. You will be more bruised and have more pain one or two days after the crash, but do not wait until then to get checked out. Most emergency room treatment facilities will treat you regardless of your ability to pay. After that, you will need a payment source for your medical treatment in most cases. If your doctor requires further treatment after your initial examination, follow his or her instructions. Do not neglect your health. A car accident attorney can request a permanency rating from the physician to evaluate the extent of the injuries and the possibility of recovery.
Demand: A demand is generally sent to the defendant after we do a thorough review of a case including the injuries suffered by the plaintiff. This is done by reviewing medical records. I use my knowledge in personal injury and the insurance field along with the doctor’s final report to determine an amount to include in the demand letter being sent to the defendant. Keep in mind, as previously mentioned, the defendant will almost always counter the demand and argue that the injuries are not as serious as they really are. Do not be discouraged by the defendant denying your demand and initially offering a lesser amount. This is part of the process.
File Suit: If the insurance company does not agree to settle based on the demand sent, then a suit is filed, and the parties involved are served. The next step after a denial from the insurance company is to file a personal injury lawsuit. A complaint naming the parties and allegations against them is filed with the court, and the defendants are served by a process server. After the lawsuit is filed in the court and the parties are served, the discovery process begins.
Discovery: The discovery process will consist of several documents requesting information. You will likely be served with Request for Admissions, Interrogatories, and a Request to Produce. Each of these discovery items have deadlines and must be responded to completely and accurately. I recommend working with your attorney and the firm in answering these questions to avoid errors. A simple mistake in answering your questions or providing documents can negatively impact your case.
Depositions: the insurance company is going to ask you questions like those previously asked in your interrogatories. This is where you will be asked questions to determine what you did to avoid the accident or what you saw prior to the accident. It is important for you to pay attention to your surroundings when you are on the road because if you inform the insurance company that you did not and somehow acted negligently, then a portion of fault may be placed on you. The best way to prepare for depositions is to take notes and refresh your memory prior to the deposition.
Mediation: In some cases, Florida courts require the parties attend mediation prior to trial. While there is generally no requirement that you settle, you may have to attend mediation if it is requested. The goal in mediation is to obtain the best settlement for you. If the insurance company does not agree to an amount that would make you whole again, then we can continue to pursue the lawsuit and litigate the matter in court.
Appeal: A case may get dismissed prior to trial or proceed to trial and have an unfavorable verdict. In some of these cases where the attorney and you find there is sufficient evidence to find in your favor, an appeal may be filed. In addition, an insurance company will often appeal a verdict with the hopes of overturning the judgment or at least delaying payment that they owe you.
Speak with a Miami Car Accident Attorneys Today!
After being involved in a car accident, it is a great idea to hire a car accident attorney who is familiar with handling car accident claims. This is simply because Florida has specific laws that relate to car accidents and you want to make sure you handle your car accident claim in the best manner. Hiring an attorney relieves you from the stress that comes with an accident and allows you to avoid dealing with insurance adjusters. Unless you have a background in insurance, car accident claims can be challenging to deal with. At Suarez and Montero, we have all the answers to your legal questions. We can also assist you in obtaining compensation for your injuries after a car accident if you were a passenger in the accident. At Suarez & Montero, our team of car accident attorneys in Miami will work with you every step of the way, offering the expert legal guidance you need to win your lawsuit. If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the driver, owner, or manufacturer could be liable. Our legal team of Miami car accident lawyers have decades of experience handling car accident cases. With an extensive understanding of the laws involved, we can make sure you’re fully compensated for any medical bills, pain and suffering and other damages you may have experienced. Unlike other firms that handle cases in other areas of law in addition to their personal injury section, our firm is 100% dedicated to helping victims in personal injury cases and has been doing so for over 20 years. If you or someone you love has been involved in an accident, contact us today for a free 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.