Miami Personal Injury Lawyer Blog
As you go about your day in Miami and South Florida, you probably do not realize that the risk of serious, injury-causing accidents surrounds you. Statistics reported by the National Safety Council (NSC) are surprising, revealing that there are more than 227,000 preventable deaths and 63 million injuries to victims annually. It is fortunate the Florida personal injury laws protect you since you could suffer significant losses from injuries or the death of a loved one. Through the legal process, you may recover compensation for these losses.
With many accidents, the first unofficial step in the legal process is to file an insurance claim with the at-fault party’s insurance company. However, this action does not bring your case before the court. You must go through the steps to start a personal injury lawsuit, and a Miami personal injury lawyer will assist you. Read on for some basics about filing the case and litigation proceedings.
Filing the Personal Injury Lawsuit
To get your case started, you will need to file some documents with the court clerk’s office where the accident happened. The paperwork you file is called a Complaint, and this is where you explain the facts and legal basis for your case. The basic Complaint will include the following:
- A statement of the facts regarding how the accident happened;
- A full description of your losses, including all physical, emotional, and financial consequences; and,
- A prayer for relief, in which you request that the court find in your favor and award damages.
Service on the Defendant
It is a legal requirement that you properly notify the defendant of the lawsuit because individuals and entities are entitled to notice about being sued. Along with filing your Complaint, you will ask the court to issue a Summons against the defendant(s). Then, you need to make arrangements to have the defendant officially served with all paperwork, including the Complaint, Summons, and instructions.
After the defendant is properly served, that individual or entity will have the opportunity to file an Appearance and Answer. In this document, the defendant will typically deny your allegations and request that the court not award damages.
Pre-Trial Proceedings
The first steps of the lawsuit move rather quickly, so the case may be underway with initial court appearances within weeks. During the pre-trial process, you can expect:
- Court appearances for status conferences;
- Motions filed by your personal injury lawyer and the opposing counsel;
- Written discovery, such as interrogatories and requests to produce documents;
- Oral discovery, including depositions of you, the defendant, and witnesses; and,
- Setting the date for trial.
Trust Our Miami Personal Injury Attorneys to Guide You
As you can see, lawsuits for accidental injuries involve many complicated steps. If you need assistance from an experienced personal injury law firm, please contact Gerson & Schwartz, PA. You can call (305) 371-6000 or visit us online to set up a free case review at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. After learning the details, we can advise you on what comes next.
