The process will take time. Good attorneys will help you through the process and ensure you are getting the medical treatment you need despite your ability to pay. During this process, make sure to adequately communicate with your attorney regarding the doctors you do see. If the original doctor who is treating you refers you out to a specialist, make sure to advise your attorney that a referral has been made so that your attorney can request those medical records in a timely manner and keep your file updated.
Many personal injury cas es are settled before they ever reach a court. This is a good thing in some circumstances, and not so in others. Some firms take on mass amounts of clients with the intent of settling early for a low amount. If they do this enough times, they can make a lot of money.
However, a good attorney will analyze the unique situation, using the threat of court to their advantage. This is the difference between hiring a small, experienced firm and a big-budget settlement mill. A minimal amount of car insurance coverage is required in most states. In Florida law, this is known as Personal Injury Protection. If the injury was not caused by an auto accident, your attorney will look into who was at-fault and begin a claim with their insurance.
If an insurance company is not involved, a demand letter can be sent to the other party mandating a settlement for the injuries sustained. Oftentimes, a counteroffer will be made and your attorney should attempt to negotiate a higher settlement amount than the amount of the initial offer. If the offer by the insurance company only increases slightly throughout litigation, you may end up with a similar net settlement had you resolved your case prior to filing a lawsuit.
Each case is different depending on the facts and circumstances of liability, the insurance policy limits of the at-fault party, and your injuries and amount of medical bills. You should speak with your attorney about all the pros and cons of resolving a case or moving forward prior to accepting a settlement.
How to Tell Who Is at Fault in a Car Accident
If a settlement with the insurance company cannot be reached—mostly likely because they will not pay what the case is worth —it is time to file a lawsuit. Under Florida Statute, a personal injury lawsuit must be filed within four 4 years of the injury or accident. However, the sooner the better. Lawsuits are not always the best course of action, but sometimes it is the only thing that insurance companies respond to. They may feel greater pressure to reach a more fair settlement once the lawsuit has been filed against them.
A lawsuit on your behalf is initiated by filing a Complaint in the Circuit Court in the County where the incident occurred. At the same time, your attorney will request a Summons be issued by the Clerk of Court. The Summons, Complaint and any corresponding discovery will be served upon the tortfeasor Defendant by a process server.
What Will A Car Crash Attorney Do For Your Motor Vehicle Accident Claim?
When the Defendant is served, the Florida Rules of Civil Procedure govern the time frame each party must abide by during the litigation process and states that a Defendant must file an Answer to the allegations in the Complaint within 20 days. The Florida Rules of Civil Procedure allow each party to propound certain types of written discovery upon the other. In an auto accident case, the Florida Supreme Court requires parties to serve standard interrogatories which essentially request background biographical information e. Did a mechanical failure contribute to the incident occurring?
Standard auto accident interrogatories will also ask about medical providers you have treated with in the past ten 10 years, whether you were suffering from any physical disability or sickness at the time of the crash and whether you were wearing eye glasses or hearing aids.
Interrogatories are limited to thirty 30 absent good cause shown and Court approval. Your attorney will assist in guiding you in responding to interrogatories. The next step in discovery involves each side taking depositions. This allows the Defendant to subpoena both your past and current medical records prior to deposing you. A deposition is simply your testimony given under oath in front of a court reporter or stenographer who is making a transcript of the questions and answers.
A defense attorney, or multiple defense attorneys depending on the case, will be the ones asking you questions at your deposition. Questions will generally reflect those asked in your interrogatories with specific and elaborated questions based on your responses. Your attorney will help you best prepare for the types of questions to expect. Depositions of experts retained by either side e. The CME doctor will assess your injuries and provide an opinion to the Defendant regarding the cause of your injuries, whether or not they are related to the car crash or incident, what injuries, if any, you sustained, what medical treatment was necessary and reasonable and whether you suffered a permanent injury.
Remember, a doctor performing a Compulsory Medical Examination is not your treating physician. Your attorney will explain to you what to expect should you have to undergo a Compulsory Medical Examination. What happens in a personal injury lawsuit after the deposition? This process is known as an alternative dispute resolution. This second type of alternative dispute resolution is called arbitration.
In arbitration, a hearing will take place between the plaintiff and defendant , judged by a neutral third-party. The difference between the two is simple: mediation is not binding, arbitration is. When the arbitrator makes a decision about the settlement, it is final. This process is often thought of as a mini-court case. Sometimes, a court may require that a case go to arbit ration instead of to actual court.
Treating posttraumatic stress in motor vehicle accident survivors | MDedge Psychiatry
This may happen if the judge thinks a reasonable settlement is within reach. Other times, it may be voluntary to save both sides the expense of court costs. Finally, if a settlement cannot be reached using all the above options, the case will go to trial. Personal injury trials can vary i n length from hours to months. At the trial, all the information that has been gathered through discovery physical evidence, interrogatories, depositions, photos, witnesses, etc.
No one can predict with any degree of certainty the likely outcome of a trial as it is six different individuals from all different walks of life that make up the jury and are the ones who ultimately decide the verdict. Your attorney may conduct a focus group, or mock trial, essentially presenting the case to a group of similarly situated individuals to that of the jury in order to better ascertain what a jury may think some of the important points or weaknesses in the case may be to better address those areas at trial.
Mansfield and the estate of Mr. Mansfield answered the lawsuit, but Mr. Pillsbury did not answer, and the court defaulted them.
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The suit focused on whether Mr. Mansfield argued the Ford Flex was, at the time of the accident, being borrowed by Mr.
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Pillsbury from his wife based on his deposition testimony. However, beyond that, there was no agreement. They did both agree that the policy did not define the word and that the court had to look to the common meaning of the word. Because Mr. In this case, Mr.
Pillsbury was driving a vehicle which belonged to Mrs. Pillsbury, who was a passenger in the auto…Therefore, Mr. Pillsbury cannot be said to be actually exercising the requisite dominion and control over the Ford Flex, as its actual titled and registered owner was occupying and possessing it. After conducting depositions of Mr. Pillsbury, NGM moved for summary judgment. Based upon Mrs. The judge first focused on the non-business aspects of Mr.
On the night of the accident, Mr. Pillsbury was a self-employed sign installer and drove a Nissan which NGM insured for him under a commercial auto policy. He attended the wedding with his wife and would not have attended otherwise. Also, he did not see anyone at the wedding that he interacted with through the course of any prior employment. He had no business purposes in attending the wedding, and he was not operating the Ford Flex in connection with his business or employment.
Treating posttraumatic stress in motor vehicle accident survivors
Also, the facts accepted by the judge were that Mr. Pillsbury never rented or leased the Ford Flex from his wife, never hired the vehicle to do any work for his company and had no recollection of Mrs. Pillsbury ever using her Ford Flex to run any company errands. Pillsbury rarely used the Ford Flex, but when he did so, he would not use it for company business.
This may result in higher levels of compensation for you.