The Steps in a Personal Injury Lawsuit

Every personal injury case’s facts may differ, but each lawsuit follows the same process to resolve. This process begins in the aftermath of your injury accident and can include preliminary negotiations and attempts to settle any claim before resorting to a lawsuit.  If the negotiations prior to filing a lawsuit do not result in a settlement, the following steps may apply to your case:

Step One: Filing Your Lawsuit

The process of receiving compensation for your injuries begins in earnest with filing your personal injury lawsuit in the appropriate Florida court. Your initial filing lays out your allegations against the person or entity that caused your injuries and the compensation value you are requesting.

The other party gets a copy of your filing and can respond in writing to the allegations. If they do not, you may apply for and receive a default judgment in your favor.

Step Two: Discovery and Pretrial

The next step in the process involves you and the other party sharing information about your claim and defenses in a process known as discovery. Through this process, you and the other party attempt to narrow down the disputed issues in the case. 

For example, in a car accident case, you and the other party might exchange any photographs or diagrams of the accident scene you may have. You might also depose each other’s witnesses to learn what information they have about the crash and your claim.

Step Three: Trial

The case will proceed to trial if you and the other party have yet to settle the dispute. You would need to prove your injuries are more likely than not the fault of the other party to succeed and receive compensation.

Your Florida Personal Injury Attorney Can Assist You

At all stages of your claim, the experienced personal injury lawyers at Shrader, Mendez & O’Connell, Attorneys at Law are prepared to provide you with experienced and dedicated legal representation. Call our office today at (813) 360-1529.