Understanding Accident Litigation in FL
The experienced attorneys at Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll Attorneys at Law of Fort Lauderdale discuss accident injury litigation to better prepare you for the process of accident lawsuits and litigation.
Any Fort Lauderdale personal injury attorney will tell you that accident litigation comes down to two major things: assigning fault/proving the negligence of another party and recovering damages for your illness and injury.
Without proving the negligence of another party you will be unable to recover compensation for your losses. Working with Fort Lauderdale accident lawyers is crucial to recovering damages as they have experience in assigning fault to the appropriate party. Accident litigation can be tricky as police reports can be incomplete and investigations may be minimal. As a result cases that go to court rely heavily on one party's testimony over the other. For this reason it is important to understand accident lawsuits so that if there is an inaccuracy or inconsistency in a testimony your lawsuit attorney can assist you and you can have reasonable expectations for your future trial.
Torts
One term that is important to understand that you will hear frequently when dealing with accident litigation is tort. A tort is a wrongful action that one party inflicts on another. A successful litigation relies on establishing liability based on intentional and unlawful actions, cause, and damaging contact all of which may have been caused by a variety of intentional torts. These could include but are not limited to:
- Assault and battery
- Invasion of privacy
- Defamation of character
- Intentional infliction of emotional distress
- Slander and libel (defamation)
Filing an Accident Claim
Accident Litigation in Florida allows you to have up to four years to file a claim, but two years if the claim relates to medical malpractice. While this may seem like a long time to get started on working with a lawsuit attorney, don't be fooled. In order to start the litigation process you should remember that it is generally wise to get started in a timely manner so that all the facts pertaining to your case remain fresh in your mind. This also ensures that all evidence is preserved and all investigations are done in a way that can benefit your case.
When you meet with an injury litigation law firm you will get accident legal advice and a basic understanding of how much your case may be worth. You will also be advised further on insurance information and whether further investigations for your case may be necessary. If you can not come to a settlement you will decide to file a lawsuit and the litigation process will continue and a defendant will be notified.
After You Decide to File a Lawsuit
Once you have initiated the legal process your litigation lawyer will be in contact with the defendant's defense attorney. Between your attorney and the defendant's attorney there will be a request for documents, request for admissions and a deposition. Depending on a few other factors in general the next step would lead to pretrial hearings with a judge. Subsequently a mediation will take place. If a mediator does not resolve the litigation then both parties will go to trial. It is important to keep in mind that trials can take place on more than one date.
Contact Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll Attorneys at Law
If you or a loved one has been injured contact our Fort Lauderdale accident litigation attorneys Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll for more information on accident and injury litigation by calling 866-677-3397, or complete our quick contact web form.
