The Stages of Personal Injury Litigation
If your claim is not resolved in pre suit the negotiations, our attorneys will discuss the risks and benefits of filing a personal injury lawsuit with you before going forward. In the litigation phase, a lawsuit is filed against the at-fault party or the insurance company depending on the type of claim at issue. The litigation phase of your claim involved several steps and may include some or all the following: preparing the complaint and serving it on the defendant, propounding and responding to discovery requests, taking and defending depositions, compulsory medical examinations if requested, mediation, and trial. In this blog post, we will go over some of the procedures that come into play once your personal injury case enters litigation.
Discovery
The discovery phase of the lawsuit involves many different procedures. All parties to the lawsuit have a right to require a party to produce documents and answers to written interrogatories under oath. Additionally, parties to the lawsuit can require other parties to submit to a deposition. These are all discovery tools that help parties to a lawsuit get down to the facts of the case in order to better present their side to the judge and the jury. A request for production is a document filed with the court that requests the other party to produce a list of documents relevant to the case. These may include medical records, bills, photos, or other information related to the lawsuit. Interrogatories are typed questions served on other parties that must be answered under oath. Depositions are also very important in litigation. A deposition is the taking of sworn testimony in person. A deposition is recorded in writing by a stenographer and may also be recorded by video. Deposition testimony is given under oath and subject to the laws of perjury.
Mediation
Mediation is a process where all parties involved meet with a mediator. The mediator is a neutral third party that is hired to listen to the facts of the case and hear from all sides of the dispute. Each side will have the opportunity to make an opening statement and present evidence supporting their position. Then the parties will separate, and the mediator will meet with each side alone. The mediator then assists the parties to try and reach a settlement. Most civil cases will resolve at this stage of the process if all parties are open to compromise.
Trial
Trial is by far the most complicated and important part of the personal injury claim process. It also takes and a large amount of time and effort to properly prepare a case for trial. Most car accident cases are tried before a circuit court judge and a jury. The trial can last from one day to several weeks depending on the complexity of your personal injury case.
Call Our Miami Car Accident Lawyer 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. 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 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.
