Accident Litigation Process
If you’ve been injured in an automobile accident, truck accident, or other incident in the Tampa or Bradenton, FL areas and sustained personal injuries, you must determine how to proceed in submitting a claim and possibly filing a lawsuit to be compensated for your losses. At Gallagher Keenan, P.A., our accident and personal injury lawyers are prepared to work with you every step along the way, whether you’re able to settle out of court or proceed to trial.
Personal injury cases can take months and even years to reach resolution because they require numerous steps of legal procedure to be followed accurately. Here are the steps you will take in pursuing personal injury litigation:
• Screening and investigation – During this time, you and your attorney collect any and all facts about your case and initiate a comprehensive investigation of what occurred. You should be open and honest with your personal injury lawyer about your recollection of the event, your injuries and any information that you collected at the accident scene. During this step, you’ll also begin discussions with insurance companies and you may hire an investigator.
• Negotiations – This is your first opportunity to determine if it’s possible to reach a settlement in your case before going to trial. Your accident attorney will consolidate all of the evidence, reports and medical information available so far and prepare a “demand” from the negligent party or their insurance carrier. A “demand” outlines your claim and why you believe the other party is at fault; it also includes an assessment of your damages and injuries. Discussions between you and the other party may go back and forth several times during this stage. A resolution may be reached or you may proceed to the next step.
• Complaint and answer – Your attorney will file a complaint that describes your perspective of what happened and your resulting injuries or damages. The complaint is delivered to each negligent party by an officer of the law or process server. Once the complaint is served, the defendant must respond within 20 days if it’s within the state of Florida. In their “answer,” the defendant will address each of your allegations.
• Discovery – This can be a time-consuming stage in the litigation process because it requires all involved parties to review each other’s evidence, testimonies and reports. During the discovery phase of your litigation, you’ll learn about interrogatories, depositions, requests for admissions and requests for production of documents.
• Motions – When the discovery stage is complete, the defendants in your personal injury case may decide to file one or more motions requesting to dismiss some of your claims. Once a motion is filed with the court, you have a specific number of days in which to respond. Depending upon the motion, you may be asked to participate in a court hearing before a judge. Once all motions have been filed and addressed, your case can proceed to trial.
• Mediation – At this stage, the parties involved in your personal injury case have one last chance to settle before going to court. In Florida mediation is required in all civil cases. You and your attorney will enter mediation before an impartial mediator and discuss possibilities for settlement. After discussion and offers are exchanged, you’ll either agree to settle the case or proceed to trial.
• Trial – Depending upon the caseload of Tampa and Bradenton courts at the time of your trial, you may have to wait a year or more to appear in court. This is a stressful and lengthy process that can deliver uncertain results, no matter how well prepared your personal injury attorney is and how solid your case seems.
Involvement in a personal injury lawsuit can make a lasting impression on your life. Enlist the assistance of an experienced accident lawsuit attorney and discuss all of your options with him. As you move through each step of your case, consider your options and the impact your decisions will have on your future.
