A Step-by-Step Look at the Auto Accident Claim/Lawsuit Process in Florida

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Just what should you expect when your claim needs to be escalated to a Miami car accident lawsuit? Lawyers with an understanding of this area of personal injury law can give you a better idea of how this legal process works so that you feel prepared for everything that can occur.

If you’ve been seriously hurt in a South Florida car wreck, filing an auto accident claim against the other driver’s insurance company may be an option you decide to pursue with the help of Miami car accident lawyers. It can make a huge difference if your life and finances have been seriously impacted as a result of the crash (ongoing rehabilitation, massive medical bills and even job loss are a few realities).

Whether you are able to reach a settlement deal for your Florida car crash or must take your case to trial, it helps to know what happens next, as well as the time commitment involved, which can range anywhere from months to years. 

Gathering Information about Your Wreck & Negotiating Your Claim

Initially, a Florida auto accident case starts as a claim filed with the other driver’s insurance company; that is, once the limits of your own Personal Injury Protection coverage have been exhausted.

Your lawyer will leverage medical records, evidence from the scene, witness statements and more in negotiations with the insurance company’s adjusters and lawyers. If a fair settlement offer can’t be reached, your attorney will file a lawsuit on your behalf in efforts to secure the compensation to which you’re entitled. 

When Your Florida Auto Accident Claim Escalates to a Lawsuit 

Your lawyer will start the legal process by filing what’s known as a complaint, in which you describe your version of the events, your resulting injuries and the damages you seek. The defendant has up to 20 days to respond with an answer.

Once a lawsuit is filed for your Miami car accident, the role of lawyers on each side of the case takes center stage. That’s because there are a series of legal steps, each of which must be observed closely.

The legal steps in a lawsuit include: 

  • discovery – each party will review the other’s evidence and testimonies and may depose witnesses, request documents and more;
  • motion – the defendant may request the court to dismiss one or more charges;
  • mediation – required in Florida civil cases, you and your attorney will meet with a mediator to discuss settlement possibilities. At this point, the case either will be settled or will proceed to trial; and
  • trial – both sides will present their evidence to a jury, which will either rule in your favor or for the defendant. 

When You’ve Been in a Miami Car Accident, Our Lawyers Are Here to Help

When you’ve been in a South Florida auto accident, you can file your claim with the help of Falk & Falk Law Firm, an attorney team serving Fort Lauderdale and Miami and dedicated to handling your case from start to finish. We have represented injury victims for 45 years and value the relationship we have with each of them. To get a better feel for what to expect after a car crash causes that injury and whether filing a Florida lawsuit is an option for you, call 1-305-279-0999 or fill out our online contact form.