What Happens If My Florida Personal Injury Claim Goes to Court?

You should definitely contact a competent lawyer if you have been a victim of a car accident or any accident caused by someone’s reckless actions. An attorney can look after your Florida personal injury claim against the person who is at fault. In order to get reimbursed for the damages and earnings that have been lost, filing a legal claim is your best recourse.

Even though some cases might get solved by an insurance company, several personal injury cases end up being adjudicated. You should be ready to accept what happens if your case is being handled by an insurance company rather than your own personal injury lawyer.

According to the statistics collated from the Florida Department of Highway Safety and Motor Vehicles, each year there are approximately 400,000 traffic accidents in Florida. In fact, in 2018, there were a total of 401,851 reported car accidents. Less than 1% of traffic accidents are fatal that occur in Florida each year. Most car accidents involve two or more drivers. The odds of being involved in an accident in any given year are around five percent.

Negotiating an Agreement:

In order to resolve the matter by signing a release form and to reach a settlement, the other party’s attorney may reach out to you or your lawyer. It is recommended to always determine your losses and the amount of compensation you are entitled to before accepting any kind of financial payout.

Filing a Case:

If no agreement can be reached, then legal action should be taken immediately and the defendant should be notified of the complaint and summons. These will indicate the time and date by which they must submit a response.

Various Components of a Personal Injury Claim:

When the case is being handled by a court, it has to go through several phases and various statutes come into play. The first thing that happens in a personal injury case is that a jury is shortlisted.

A jury comprises 12 people or fewer who are nominated after being questioned by the judge. The people who are selected are asked many different questions by the judge to get an idea about their perspective on various cases and also it is important to know about their personalities. After the interview of the jury, the judge can determine if such a person is a reasonable candidate for this job or if the person has certain biases that may cloud their judgment.

The case will then move to trial after the selection of a suitable jury. Most of the Florida personal injury claim process usually begins with an opening statement. Both parties, the prosecution, and the defense will have their time to make an opening statement to support their claim against the other party. Most of the time, the personal injury attorney who is supporting the victim will first present their opening statement because they have the burden of proof.

The Burden of Proof in a Florida Personal Injury Claim:

The plaintiff must be able to clearly demonstrate the burden of proof in order to file a successful claim against the culprit party. After the hearing of the opening statement, the evidence is presented in the court to prove the legitimacy of the case. To support the evidence that is presented, the personal injury lawyers bring in the witnesses to testify during the trial. The witnesses might be some individual who was present at the scene and personally saw the accident. Other witnesses might be doctors, financial experts, or other experts who helped recreate the scene of the accident to figure out who was at fault.

After the applicant’s lawyer has presented all of the necessary details, the defense has the opportunity to present their evidence to support their claim. The defense lawyers try to support their claim by calling in the witnesses. This is where they can effectively support their claim. After both sides have presented their witnesses and evidence, they both will be allowed to cross-examine the witnesses by asking them questions about the accident.

A Personal Injury Lawyer Can Help You:

If you got injured in an accident due to someone else’s negligence, you should contact a personal injury attorney as soon as possible. An experienced attorney will assist you with your Florida personal injury claim and help you understand what type of compensation suits your case. We will consult you free of cost and guide you through the whole process. Call us now or reach our nearest office.

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