Stuart and North Palm Beach Personal Injury Litigation Process
The attorneys at Vastola & Associates advise that the process for personal injury claims and litigation can be complicated and complex. One mistake, a wrong form, the wrong thing to say, lack of proof, etc., could result in the victim acquiring a lower settlement or even no settlement at all. By understanding the personal injury claims process, you will be able to make better and more informed decisions should you need to file your own claim.
1. Gather information.
If you were in an accident, call the police. The responding police officer will be able to file a report and give out tickets, if necessary. If there were any material witnesses, be sure to get their contact information. Many cell phones today are equipped with a camera. You may want to even keep a disposable camera in your glove compartment. If any police reports are filed, be sure to get a copy.
The more concrete facts and information you have, the greater the chance to receive a fair settlement. In the event a lawsuit is filed, you will need this evidence as part of the litigation process.
2. Say nothing and consult with a Stuart personal injury lawyer.
If you are a victim of personal injury in Stuart, then most likely the negligent party's insurance company will contact you in the weeks after the accident. If you are not at fault, a settlement may be offered to you. It is true that insurance companies have immense amounts of data. They use this data to help determine how much of a settlement to pay, if any.
Most likely, you are not familiar with the personal injury laws of Florida, so it is best to consult with a lawyer. Florida has comparative negligence laws. These laws put limits on the amount of money a personal injury victim can collect based upon who is at fault for the accident and injuries and the percentage that person is at fault. If a personal injury lawyer claims he can get you a settlement that seems like it is too good to be true, it probably is. A good personal injury lawyer will be knowledgeable in other settlement results and litigations. He/she will be able to tell you if the settlement offered to you is fair or not.
3. Let an attorney negotiate the settlement with you.
If you choose to hire a lawyer, he/she will be able to negotiate with the insurance company to try to get a better settlement. Your lawyer will be able to use his law experience and knowledge to validate the sum you are seeking.
4. Gather evidence.
In the event that a settlement cannot be reached, you will need to be prepared to file a lawsuit. As part of the litigation process, you will need the proper documents and evidence to build your case. In the event you are unable to obtain some of these documents on your own, your lawyer can file an injunction to get what is needed from the insurance companies.
Your lawyer will also be able to retain any expert witnesses that may be needed. These experts will cost a fee for their time, but can be very helpful with your lawsuit.
5. File a lawsuit and go through the litigation process.
Having a lawyer at this point is very crucial. Your lawyer will be able to file a lawsuit with your personal injury claim and petition the court. All of the evidence gathered so far will be included as the basis for the litigation. If a settlement still has not been reached during this time, then your case will go to trial.
