What Are the Steps In A Car Accident Injury Lawsuit?

Our Auto Accident Lawyers Know the Miami Court System

Lady justice and the steps in an auto accident lawsuit.

Miami is widely considered amongst the most exciting cities in the world. The warm weather and amazing beaches, exciting nightlife, and party atmosphere in locations like South Beach and Wynwood, our dynamic downtown along Brickell Avenue and other famed hot spots such as Bayfront park provide an amazing atmosphere and lifestyle for residents and visitors alike.

Occasionally, however, such a festive and upbeat environment can lead a small percentage of people to engage in reckless and potentially dangerous behavior resulting in unfortunate events like automobile accidents.

Unfortunately, these mishaps often leave victims seriously injured, unable to work, and experiencing significant financial hardship. If you are the victim of a recent crash in the Miami area…you are not alone. You may be able to pursue legal action against the guilty parties and recoup a significant financial reward for your pain and suffering.

 

Read on to learn more about the steps in an auto accident injury lawsuit. brought to you by Miami’s A to Z Injury Law, a leading auto injury law firm that has helped hundreds of Miami residents with their lawsuits.

The Car Accident Lawsuit Process

Such proceedings require the auto accident victim and the victim’s car accident lawyer to complete several critical steps in order to attain a just and successful outcome.

  1. Complaint Filing : After reviewing a prospective client's case and determining said individual possesses a viable argument, the personal accident injury attorney in question drafts a complaint and files this documentation before a court.
  2. Process Serving : When the complaint is entered into the official records of the Miami courthouse, the defendant or multiple suspects are identified, located and served with documentation explaining the facts surrounding the car crash and their perceived
    involvement in said event.
  3. The Defendant’s Response : After receiving the complaint, the accused party or parties are given a finite period of time to offer their response.
  4. Discovery : Should the defendant challenge the accusation, the process formally commences with a procedure called discovery. During this phase, the battling factions exchange pertinent information that could be used during the trial phase.
  5. Trial : Most often, the car accident injury victim’s attorney and the lawyer for the insurance company work out a pre-trial settlement of some type. However, if the parties do not decide to settle out of court, the outcome is determined by a ruling entity like a jury or judge. Like any other trial, both sides will present evidence and call witnesses in an attempt to prove their case. This is why it is advantageous to have an attorney who has successfully litigated many cases in the Miami court system, an attorney such as those here at A to Z Injury Law.
  6. Appeal : Should either side not favor the trial's decided outcome, they could choose to appeal said ruling.

Winning An Auto Accident Case

Reputable personal injury attorneys like those on our law team will stress that success in car crash litigation involves a significant degree of work and responsibility on the part of the plaintiff and their auto accident lawyer.

In the wake of a mishap, able bodied plaintiffs must perform several important tasks, such as documenting the events immediately preceding and during the incident, photographing their vehicle and other cars involved in the dust-up or gather any other evidence authorities permit them to peruse through, obtain the names and contact information of reliable witnesses, and seek immediate medical attention.

Proving Fault

To garner a favorable outcome, a car accident lawyer will need to prove that the accused bore an appreciable percentage of fault.

The State of Florida subscribes to a civil law principle titled pure comparative negligence. This means that a plaintiff in a personal injury suit can recover damages against the defendant even if they are found to be 99 percent at fault for causing the incident.

That said, earning adequate compensation to cover potential costs, such as hospital expenses, pain and suffering, past and future lost professional earnings, and any other damage claim will necessitate convincing the ruling authority that the defendant bore an appreciably larger percentage of the blame.

Personal Injury Principles

To pin the greatest amount of fault on the accused party, astute lawyers will need to demonstrate that the defendant engaged in some type of negligible action, said behavior contributed to the accident, the plaintiff’s injuries are related to the mishap and no other pre-existing physical or medical problem, and the compensation said party seeks is directly correlated to those injuries.

Contacting Us

Individuals residing in Miami or nearby southern Florida outposts recently injured in a car accident are urged to contact us. The skilled team of litigators employed at A to Z Personal Injury Law enjoy an impressive record of earning accident victims suitable compensation.

We look forward to producing similar results for other clients. For more about our firm or to tell us more about your particular car accident, call (305) 853-9656 or click here. We will answer any questions you might have and handle your case from A to Z!

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