Florida Personal Injury Lawyers Blog
Whether a case involves a slip and fall accident at a grocery store or a car accident, most personal injury claims can be settled outside of the courtroom.
While the court system prefers when cases settle outside of the courtroom as it clears up the court’s schedule for bigger cases, however, if negotiations are not proving successful, then a lawsuit can absolutely be filed where a decision will be granted by a judge or jury. There are several instances where a trial may be necessary, including:
- Fault is up for debate. Sometimes the individual that has brought harm to you denies any responsibility. They may argue that the injury was your fault – or someone else’s. Determining who is at fault is crucial since that person is financially responsible for the damages incurred.
- Discrepancies involving the dollar amount of damages.The at-fault party may admit to negligence and owe you money, yet refuse to pay what your attorney demands. You may want to consider pursuing a lawsuit if the monetary damages you are seeking exceed $100,000.
- Causation is disputed. Insurance firms frequently acknowledge fault while citing different reasons for the pain you are experiencing. They can attempt to argue that you are not owed any money damages because of your age, past injuries, or other medical concerns.
Whatever the reason a case is being taken to trial, there are risks that come along with opting for this route. A judge or jury could rule in favor of the other side, which means you could walk away with nothing. With that said, it is best to discuss this with your personal injury lawyer and get their thoughts on your case. You can ask them about cases they have take to trial that were like yours and what the outcomes were. Our Florida Injury Lawyers at Whittel & Melton take personal injury cases on a contingency fee basis, which means we only get paid if we are able to recover financial compensation on your behalf. If we decide to take your case to trial, then we are confident that we can achieve a positive verdict.
What Happens During the Pre-Trial Phase?
A complaint and summons will be filed by your lawyer and sent to the defendant (the person or entity that you feel is to blame). A complaint details what happened, what your injuries are, and identifies who you are seeking compensation from. The summons notifies the defendant that they are being sued. Once both documents are received, then the defendant must respond with an answer.
From there, the pre-trial phase continues with the discovery process. Both parties can obtain important case information through discovery. This is one advantage of bringing a lawsuit: your attorney may obtain crucial material that was previously unavailable to resolve your case. Discovery may include physical examinations, depositions (interviews conducted under oath), and other record demands.
The pre-trial phase lasts for about a year or so, but negotiations can still be conducted at this time, so a settlement is still possible. Your attorney can best advise you on whether a settlement offer is in your best interests or not, so that you can make an informed decision.
What Happens if My Case Proceeds to Trial?
If no settlement can be reached, then your case will proceed to trial. Most personal injury cases last a few days to a few weeks, with a few exceptions. Here is a breakdown of what happens in the courtroom:
- Opening Statements. Each party will have an opportunity to outline the fundamental facts of what occurred and what they seek to show throughout the trial. This is an important step as it is the first impression your attorney will make on the jury about the circumstances surrounding your case.
- Witness Testimony and Cross Examination. Both sides will have the opportunity to have witnesses take the stand and answer questions that help to tell their version of events. The other parties involved will be able to cross-examine these witnesses. You may be put on the stand to tell your story, and your attorney will make sure that you are prepared for this and how to handle interrogations from the other side.
- Closing Arguments. This is the last stage of the trial process where each side makes one final argument, which summarizes their position.
- Jury Deliberations. The judge will provide instructions to the jury and then the jury will deliberate and decide if they are in favor of you (the plaintiff) or the other side (the defendant). If they find in favor of the defendant, then you will not receive any financial award. If they find in favor of you, then they will also determine the amount of money that you are owed from the defendant. Sometimes a jury may find that the plaintiff is partially to blame for their injuries, so if this is the case, they will assign a percentage of fault. Whatever verdict amount that was set will be reduced by this percentage.
How Can I Help My Injury Case?
As a plaintiff, there are several things you can do to help your case proceed without a hitch. You should always be open and honest with your attorney about your case and your injuries. Being dishonest with your lawyer will only hurt your case. You should always follow your doctor’s instructions because failing to do so could help the defense argue that you are not injured as badly as you say you are. Lastly, you should not post on social media about your case or your injuries. Anything you post could be used against you in court.
Call Whittel & Melton for a Free Consultation
There is no fee to meet with our Florida Injury Lawyers about your potential personal injury lawsuit. We welcome you to call us at 866-608-5529 or contact us online. We have decades of combined experience as trial lawyers, so we know what it takes to win these cases.