Process of a personal Injury Case – Miami, FL
Although 95% of cases tend to settle before the trial date. Meanwhile, the plaintiff and defendant must prepare for the trial. They must understand how reaching a settlement is done.
Having a Gathering with an Attorney
The first thing that needs to be done is finding a Miami personal injury attorney to speak about the case at-hand. Based on the conversation, the attorney will assess if they would like to pursue the case or not. If the attorney decides they do want go forth with the case, then the associated costs would be determined.
Most litigators used contingency fee, which is a set amount they will receive after the case has been won.
Statute of Limitation Understanding
Each state has their own set period for when a case is no longer viable to be made after the incident. If the case is not brought forth within that time frame, then it would not be heard.
Arranging the Claim
The claim must consist of the following information:
- Who was involved
- The legal claims of the plaintiff
- The facts supporting the legal claim
- What the plaintiff wants to inherent from the defendant
- The court’s basis over the case
The fees vary from state to state for filing a lawsuit, but if the plaintiff is unable to pay for them, they might be able get a waiver. The attorney and plaintiff will have about a month to present the defendant with a summons and the claim. The defendant will then have 20-30 days to give an answer of whether he accepts or denies it. If the defendant does not provide an answer within those 30 days, then a default will be made in favor of the plaintiff.
The Process of Discovery
In this stage, it can take months and even years. Evidence and witness information will be presented by both parties. Each side would have the opportunity to question each witness outside of the courtroom while under oath. Also, any documentation will be exchanged between both parties. If the discovery process takes too long, the trial date may have to be postponed by the court.
These filings cane be done by both attorneys that can resolve the case:
Motion for dismissal: This occurs when a dismissal before the discovery process wants to be made. It could come about due to inadequate service of process, a lack of jurisdiction, a failure of granting relief through the claim by the plaintiff.
Motion for judgment summary: When no facts are present for a party through the discovery process, then the other party can receive a judgment by law.
Motion for judgment default: When the defendant does not answer to the complaint made by the plaintiff, the plaintiff can ask for a default judgment towards the defendant.
Settlements are typical made before the case makes it to trial. This is the part where a contract is made between both parties agreeing to a certain compensation. The judge will have to have it presented to him or her for it to be legally binding.
The Trial and Appeal
If the case does make it to trial, the jury or judge will make a decision whether or not the defendant has to pay for the plaintiff’s injuries, and if they do, they decide on the amount that the plaintiff will receive.
There is no set time in the amount it takes for a trial to come to a decision. Depending on the complexity of the case, the time it takes for a deliberation to be made can take hours, days, and even weeks after the trial. The more time results in more expenses for both parties.
If the decision was not made towards the party’s favor, then they can file for an appeal, but would have to prove to the appellate courts that an error was made in the decision of the court. The appellate court will contemplate whether the decision was correct, or that the appealer is entitled to have the decision overturned.