What is Involved in a Personal Injury Lawsuit?
As you move throughout your day, you never expect to become injured in an accident. However, according to the National Safety Council (NSC), there are over 227,000 preventable deaths and 63 million injuries to individuals every year. The personal injury laws in Florida allow accident victims to obtain compensation for the serious injuries and losses they incur as a result of these accidents when they are the fault of another person.
With many different types of accidents, the first step in the personal injury process is to file a claim with the liable party’s insurance company. This, however, does not mean your case will go to court. Below, our Tampa personal injury attorney explains the important steps involved in a personal injury lawsuit.
File the Complaint
If the insurance company refuses to offer a fair settlement, you will have to file a lawsuit to obtain the full damages you are entitled to. The initial filing is known as the Complaint and it is filed in the court clerk’s office in the location where the accident occurred. The Complaint includes a lot of important information, including:
- The facts of the accident, including how it occurred, where it occurred, and other pertinent details
- A full description of the damages you incurred, including the physical, emotional, and financial consequences
- A request that the courts finds in your favor and awards the damages you have outlined
Serving the Defendant
After filing the Complaint, you must serve it to the defendant, or liable party. This notifies them that a lawsuit has been filed against them. The court will also issue a Summons against the defendant, essentially informing them of the date of the initial hearing and when they are expected to appear. The Summons, Complaint, and other relevant documents must be served to the defendant. The defendant then has the opportunity to answer the lawsuit. They will typically deny the allegations in the Complaint and ask the court not to award damages.
Pre-Trial Proceedings
After all parties have been notified of the pending lawsuit, there are many pre-trial proceedings that occur. These include:
- Court appearances to confer on the status of the case
- Pre-trial motions filed by the attorneys for each side
- Discovery, which can include written and oral interrogatories and requests for information
- Setting a trial date
It is important to note that during each phase of a trial and pre-trial proceedings, the parties involved can still try to reach a settlement agreement. An agreement is possible until a judge or jury has made the final decision in the case.
Our Personal Injury Attorney in Tampa Can Help You Through the Process
There are many steps involved in personal injury lawsuits, and they can all become complex. At Moore Law, our Tampa personal injury attorney can guide you through the process and ensure your rights are upheld so you obtain the full and fair compensation you are rightfully entitled to. Reach out to us to schedule a consultation and to get the legal help you need.
Source:
injuryfacts.nsc.org/
