Whether caused by a car accident, medical malpractice, or a workplace accident, an injury can be as emotionally devastating as it is financially draining. If someone else hurt you in the Pensacola-Ferry Pass-Brent Metro Area, the Emerald Coast, or the Florida Panhandle, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. Here’s what you need to know about your legal rights and how to assert them through the personal injury lawsuit process in Florida.
Initial Assessment and Consultation
After the accident, contact a Florida personal injury attorney immediately. Before your initial consultation, collect all relevant documents, such as medical records and police reports. During the consultation, the attorney will review the details of your case and discuss the strategies that may prove successful in your personal injury claim.
Pre-Filing Investigation
After the initial consultation, your attorney will undertake a preliminary investigation of the accident. They will gather evidence to determine the identity of the liable party and build your personal injury case. That evidence could include:
- Eyewitness testimony
- Toxicology reports
- Surveillance footage
- Medical records
- Accident scene photographs
- Expert witness reports and testimony
- Driver logs
- Police reports
- Wage loss statements
Demand Letter
Upon completing the investigation, your personal injury lawyer will send a demand letter to the responsible party’s insurance company. This letter will advise the insurer of your theory of the case and outline how much compensation you need for your injuries. The insurance company may pay the full amount, allowing you to settle the case without going to trial. If negotiations are unsuccessful or the company refuses to pay, a formal lawsuit is the next step.
Filing the Complaint
Your next step is to file a formal complaint with the court and submit the appropriate filing fee. In most cases, Florida law allows an injured person only two years from the date of injury to file a lawsuit to pursue compensation. While two years may seem like a long time, it is important to file your lawsuit as soon as possible. If you file after the deadline, the defendant can file a motion with the court to dismiss your case. If this happens, you might lose your ability to force the responsible party to compensate you, no matter how severe your injury and losses.
Serve the Defendant with a Copy of the Complaint and a Summons
In Florida, the client or their attorney will file the complaint and serve the summons to the defendant using the certified process server or the county sheriff. Once the summons has been delivered, the server will return a document that verifies that they properly served the defendant. When the summons is correctly served, the court obtains jurisdiction over that person in court.
Defendant’s Response
After receiving their process documents, the defendant files their response, or answer. If they believe your case isn’t valid, they may file a motion for the court to dismiss the lawsuit entirely.
Discovery Phase
Next is the pretrial discovery process. This is a court-enforced procedure where you and the defendant exchange information and evidence about the case. If a party doesn’t cooperate, the court may sanction them. This phase includes:
- Depositions—Examination of witnesses that are conducted under oath but in informal settings, such as at lawyers’ offices.
- Interrogatories—Written questions sent from one party to another
- Subpoenas—A court order to a party or witness to appear in court or produce evidence
- Request for Production—A party can request documents or other physical evidence from other parties in the case
Mediation or Settlement Negotiations
With sufficient evidence at your disposal, attempting to negotiate a personal injury lawsuit settlement may be desirable. This is an especially viable option if the discovery phase has provided you with more evidence to bargain for a settlement, or if the information gained from other parties seems to weaken your potential court case. A third-party mediator can also oversee these negotiations.
In Florida, courts often require that the parties mediate before they come to court. If you reach a settlement, your case can be concluded as soon as the parties file a stipulation of dismissal or in some cases when a judge approves a settlement agreement. If no settlement is reached, you can proceed to trial.
Trial
While most successful personal injury cases are settled before they can go to trial, it is possible your case will go that far. Should your case reach the courtroom, your trial can take anywhere from several days to a few months depending on the number of parties to your lawsuit and the complexity of your case. The trial process involves the following stages:
- Jury selection
- Opening statements
- Examination and cross-examination of witnesses
- Closing arguments
- Jury deliberations
- Verdict
Both parties can elect to waive a jury trial. In this event, the judge will hear the case in a bench trial.
After arguments from both parties, the judge or jury will decide whether you are entitled to compensation and, if so, how much. Conversely, if they determine the defendant did not harm you, they will decide in favor of the defendant.
Judgment and Appeal
If you disagree with the verdict, you have 30 days to appeal. Most appeals in Florida are started by filing a Notice of Appeal with the clerk of a lower court or administrative agency. Similar to filing your initial lawsuit, you must pay a filing fee. After that, the notice is forwarded to the District Court of Appeal. If the notice is not filed within the 30-day deadline, the court loses jurisdiction over your case and cannot hear your appeal.
Filing an appeal is a highly complex process. If you choose to pursue this option, it is important to have a personal injury attorney who is familiar with Florida’s rules of appellate procedure.
Contact Our Florida Personal Injury Lawyers to Learn More
At Cardoso Law, we understand how emotionally and financially taxing dealing with an injury can be. Since 2009, we’ve helped many clients through the intricate lawsuit process. Whether your injury is the result of a boating accident, slip and fall, car accident, or another incident, we will help you pursue the compensation you’re entitled to in a personal injury lawsuit in Florida. Contact us today for a free consultation.
