Car Accident Lawsuits and Litigation

In car accident cases where liability is contested or the at-fault party (or his or her insurance company) is unwilling or unable to make a reasonable settlement offer, it may be necessary for victims to file a lawsuit in order to recover compensation. Because personal injury lawsuits are subject to complicated procedural and substantive rules, it is extremely important for anyone involved in a contested car accident to retain a Miami car accident attorney as soon as possible.

After a car accident in which a victim’s injuries are severe enough to meet Florida’s PIP threshold, victims can pursue compensation from the other driver’s insurance policy. In many cases, the insurance company concedes that their policyholder was at fault at agrees to settle the case for a reasonable amount. If they deny liability or refuse to provide adequate compensation, victims may file a lawsuit against the driver to recover for the losses they have sustained.

• Filing of the Complaint – This is the first step in litigation. It involves filing paperwork with the appropriate court that initiates a legal action against another party.
• Discovery – Discovery is the legal process through which both parties can gather information from each other and anyone else who may have information relevant to the case. Common tools used in discovery include depositions, interrogatories, requests for admissions, and requests for the production of documents. Common types of evidence that parties seek in car accident cases include medical records, vehicle maintenance records, cell phone records, eyewitness testimony, and video surveillance footage.
• Settlement Negotiations – Generally speaking, after a lawsuit is filed, the parties will continue to engage in negotiations in order to try and settle the case, as litigation can be costly and unpredictable.
• Trial – If the parties are unable to settle the matter, they will proceed to trial where evidence will be presented to the finder of fact (either a judge or jury), who will ultimately make a decision regarding any issues that are contested.

Litigation is an extremely complicated process and the experience and ability of your lawyer can make a significant impact on its outcome. For this reason, it is critical to for victims of car accidents to retain a car accident attorney serving Miami with a track record of success and who is not afraid of taking a case to trial if it is the best interest of his or her client.

If you have been injured in a car accident and there are issues that are contested, it is imperative that you retain legal counsel as soon as possible. The representation of an attorney will ensure that your rights are protected and maximize the chances that your case is resolved as favorably as possible. To schedule a free consultation with a car accident lawyer in Miami, call Gerson & Schwartz, P.A. today at (877) 475-2905 or contact us online.