How to File a Personal Injury Lawsuit in Florida
Our attorneys can guide you through the legal process every step of the way
If you’ve been injured due to another party’s negligence, you deserve financial compensation. But insurance companies will try to limit your compensation. Sometimes, your best option is to file a lawsuit. The experienced personal injury attorneys at Feingold Posner Draizin can guide you through the process.
In short, a personal injury lawsuit is a legal action taken by an individual (the plaintiff) who has suffered harm as a result of the negligence of another party (the defendant). The purpose of the lawsuit is to seek compensation for the injuries and damages sustained. There are four elements that must be established for a personal injury lawsuit to be successful:
- Duty of care – The negligent party (defendant) owed a duty of care to the plaintiff. This means that the defendant had a legal obligation to act in a manner that would not cause harm to others.
- Breach of duty – The defendant breached this duty of care through their actions or inactions. This breach can occur due to negligence (failure to exercise reasonable care), intentional misconduct, or strict liability (liability without fault, as in the case of defective products).
- Causation – The plaintiff must prove that the defendant’s breach of duty directly caused their injuries. This involves showing that the injuries would not have occurred but for the defendant’s actions and that the harm was a foreseeable consequence of those actions.
- Damages – The plaintiff must demonstrate that they suffered actual harm or losses as a result of the defendant’s actions. This can include physical injuries, emotional distress, medical expenses, lost wages, and other related costs.
How do I file a personal injury lawsuit?
Filing a personal injury lawsuit in Florida involves several important steps, each of which requires careful attention to detail and adherence to legal procedures. Understanding these steps can help you navigate the process and improve your chances of securing fair compensation for your injuries. These steps include:
Consultation with a personal injury lawyer
Before filing a lawsuit, it’s important to consult with an experienced personal injury lawyer who is familiar with Florida law. A lawyer can evaluate your case, explain your legal options, and help you understand the potential outcomes. During this consultation, you’ll discuss the circumstances of your injury, the parties involved, and the damages you’ve suffered.
Investigation and evidence collection
Once you decide to move forward with a lawsuit, your lawyer will conduct a thorough investigation into your accident. This process involves gathering all relevant evidence, including accident reports, witness statements, photographs, surveillance footage, and medical records. In some cases, expert witnesses, such as accident reconstruction specialists or medical experts, may be consulted to provide additional support for your claim.
Filing the complaint
To officially begin the lawsuit, your lawyer will file a legal document called a “complaint” with the appropriate Florida court. The complaint outlines the details of your case, including the parties involved, the nature of the injuries, the legal basis for the lawsuit, and the damages you are seeking. Once filed, the complaint will be served to the defendant, notifying them of the lawsuit and the claims against them.
The defendant’s response
After being served with the complaint, the defendant has a specified period, usually 20 days in Florida, to file an official response, known as an “answer.” In the answer, the defendant may admit to or deny the allegations and may also present any defenses or counterclaims. The response sets the stage for the next phase of the legal process.
Discovery
The discovery phase is a critical part of the lawsuit, during which both parties exchange information and evidence relevant to the case. This process can include depositions (sworn statements taken outside of court), interrogatories (written questions that must be answered under oath), requests for documents, and admissions of fact. Discovery allows both sides to assess the strengths and weaknesses of the case and prepare for trial.
Settlement negotiations
Many personal injury cases are resolved through settlement negotiations before they reach trial. During this phase, your lawyer will negotiate with the defendant’s legal team or insurance company to reach a fair settlement that compensates you for your injuries. If an agreement is reached, the case can be resolved without going to trial.
Trial
If the case goes to trial, both sides will present their arguments, evidence, and witnesses before a judge or jury. Your lawyer will make the case for why you should be awarded damages, while the defense will argue against your claims. It ultimately results in a verdict where the judge or jury decides the outcome and the amount of compensation, if any, to be awarded. Each side has the right to appeal the decision.
Let our law firm handle every aspect of your lawsuit
Filing a personal injury lawsuit in Florida involves multiple steps, each requiring careful preparation and attention to detail. That’s why it’s important to work with an experienced Plantation personal injury attorney who can guide you through the process and advocate for your rights.
If you were injured in an accident involving negligence in Plantation or anywhere in Broward County, learn more about how we can help. Contact us to schedule a free consultation.