How To Proceed With a Lawsuit in Florida
Bill Allen | September 8, 2023 | Personal Injury
Florida can, unfortunately, become the backdrop for accidents. Injuries caused by another’s negligence cannot be ignored, whether it involves a car crash or slip and fall. Fortunately, personal injury victims can initiate legal proceedings against at-fault parties to recover compensation for their accident-related losses.
Steps Involved in a Florida Personal Injury Lawsuit
After sustaining personal injuries, many wonder, “What are the steps of a lawsuit?”
Here are the general steps involved in a civil case:
Step 1: Gather and Preserve Evidence
Evidence is paramount. Your claim’s success will hinge on the quality and quantity of your evidence. You should begin collecting it as soon as it is safe to do so.
Valuable evidence includes accident scene photographs, videos and witness information. Be sure to document your injuries also. Get copies of medical records and billing statements that detail the nature and extent of your injuries. A Florida personal injury lawyer can guide you through this step of a lawsuit.
Step 2: Initiate the Claim
Once you have decided to seek compensation for your injuries, notify the at-fault party. This will often require filing a claim with their insurance provider. Their insurer will review your claim and evidence. Some will propose an initial settlement, but it will often be less than you deserve. If the insurer presents an offer, have it reviewed by a personal injury lawyer.
A lawyer can advise whether the proposal covers the true extent of your damages. This includes medical expenses, lost wages, pain and suffering, and other expenses. If the insurer’s offer seems inadequate, a lawyer can help you negotiate a settlement. If you cannot reach an agreeable satisfactory amount, you will likely need to initiate a personal injury lawsuit to pursue your claim.
Step 3: File a Complaint in the Appropriate Florida Court
Initiating a lawsuit requires filing a complaint in the proper Florida court. The appropriate court will likely be the one where the injury occurred. In the complaint, you will detail your allegations, your theory of the defendant’s liability, and your damages.
The defendant will generally have 20 days to respond. In their response, they will accept, deny or provide defenses to your claims.
Step 4: Engage in Discovery
Discovery is a critical pre-trial step in Florida. During discovery, the parties to the lawsuit formally request evidence from each other using different methods. This phase most often involves interrogatories, or written questions that must be answered under oath. It may also include depositions, where statements are recorded under oath, and exchanging pertinent documents like accident reports and medical records.
The process is typically lengthy and expensive. However, strategic discovery is vital for understanding the nuances of each side’s position.
Step 5: Negotiation and Mediation
Before the trial, there is often another attempt to find middle ground. Armed with evidence and insights from discovery, the parties might attempt negotiation again.
The court may even order the parties to attend a mediation or settlement conference. Here, a neutral mediator facilitates discussions to help the parties find a mutually agreeable resolution. If an agreement cannot be reached, the case advances to one of the last steps in a civil case – trial.
Step 6: Civil Trial in Florida
If your case goes to trial, a judge or jury will decide the outcome. Be prepared for a thorough presentation of arguments, evidence, and witness testimonies. A successful trial could result in the defendant being found liable to compensate you for the damages. Alternatively, the court could find the defendant is not responsible, or award you an amount less than you sought.
Though rare, a trial is often one of the last steps in a lawsuit. The process ends here unless there is an appeal.
An Experienced Personal Injury Lawyer in Florida Can Help With a Lawsuit – Schedule a Free Consultation
These steps in a civil lawsuit may seem simple, but each has hidden intricacies. Before navigating the intricate maze of gathering evidence, filing a complaint, conducting discovery, and going to trial, consult experienced counsel.
A skilled Florida personal injury attorney will have experience navigating the process of proceeding with a lawsuit. Their knowledge of Florida’s legal system, including local courts, will empower you with the guidance required to get you the compensation you deserve.
Contact Our Gainesville Personal Injury Law Firm in North Central Florida
If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Firm at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Firm, P.A. – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Allen Law Firm, P.A. – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Firm, P.A. – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
