The path to a successful car accident injury lawsuit is mostly a long way. If you have encountered any such unwanted event of car accident where both you and the car has been injured or harmed in a way, you can file a rightful lawsuit against the other driver. In Florida with the increasing incidents of car accidents, the injury law is very strict and there is the increasing presence of injury attorney law firms. If at all you have decided to tread n this long route it is always better to know what you are in. Plus having a good injury attorney is also essential.
Please note that all the non-economic losses such as emotional distress do not count under the cover of the insurance companies. They will only take into account the ones that can be economically compensated.
FILING THE LAWSUIT
One of Florida’s best law firms is Howard & Associates. Both the original complaint from your side as well as the time frame to reply to the claims of the defendant is limited. If you want a compensation for the so car accident injury, the case will be filed as a civil lawsuit.
The first step obviously is to file the tort case and it is advisable to crosscheck with the lawyer whether the local court has time limits for the filing of the same. Much like you have prepared for the case so has your opponent. The defender also is accountable a set of time which he or she has to respond either admitting or denying the allegations.
BEWARE OF THE PRELIM-MOTIONS
The various motions that the defendant can create are as follows:
A Change of Judge: This motion will force you to move the case to another court room.
A Removal Motion: This may alter your case from the state to the federal court.
A Venue Change Motion: This can successfully shift the case to a different courthouse altogether.
So do consult your injury attorney because these motions can significantly impact and affect your case. In case of the motion to dismiss the case is not dismissed even on the grant of the motion.
SETTLEMENT BEFORE TRIAL
The judge provides a trial date after you have survived the last motion that is the motion to dismiss. There is nothing to be surprised if your Drunk driving car accident case gets delayed for long. It is common for it falls under civil lawsuits. During this time both parties can meet out of court in a discussion conducted by a mediator and try to come to an agreement.
On failure of mediation proceed towards Discovery. During this period both lawyers gathers evidence and facts.
RESOLUTIONS-POST DISCOVERY PHASE
The summary judgment motion is one whereby the judge gives the verdict without any sort of evidentiary hearing. Once you and your lawyer are sure that all the gathered evidences are in support of your compensation claim, this motion can be brought forward.
THE TRIAL DAY
The number of car accident cases that go as far as the trial day is actually less. Most cases see out of court agreements.