Accident and Injury Cases

Accident Injury – Now What?

I Had an Accident and I Was Injured…What do I Now?
It can often be a confusing time after you have been injured in a slip and fall or a car accident. Always remember to look after your health first and foremost. When you are ready, you can begin thinking about hiring a Fort Lauderdale personal injury lawyer to help you settle a personal injury claim for your injuries. Here are some frequently asked questions about the first steps in settling a personal injury in Fort Lauderdale.
I was hurt in an accident. What should I do first?
As mentioned in the introduction, the first thing that you should always do after being injured in an accident or in some other manner is to look out for your health. However, if you have already done this, then there are a number of steps that you can take that will help preserve your right to file a claim for your personal injuries. These steps are valid in most situations and there is no “right” order to take (note: if you need to file a claim against the government or a government agency, there are other specific steps that should be taken).
•Collect evidence that can point to who caused the accident, as well as the damage caused by the accident. Photographs are useful here.
•Write down everything that has happened to you after the accident. This may include things like medical bills, hospital visits, any lost work or wages, etc.
•Be sure to get the names and contact information of any witnesses that may have observed the accident. Contact these people to confirm their contact information.
•If you speak to other people that were involved in the accident, be sure to take notes about your conversation.
•Tell anyone that you may file suit against that you are planning on filing a claim for your injuries and property damage.
How long do I have to notify a person that I am filing a claim for my personal injury?
If you are planning on using an accident attorney in Broward County FL to file a suit against an individual or some other entity that is not the government or a government agency, there is not set time limit in which you have to notify that person of your intention to file a lawsuit. However, this does not mean that you should take your time with the matter. By acting quickly and efficiently, you will probably increase your chances of resolving your claim faster than if you delay.
It is good to keep in mind that even though you notify people of your intent to file a lawsuit, this does not mean that you must file a lawsuit. By giving notice, you only preserve your rights and prevent the other parties from defending against a lawsuit by arguing that you waited too long to inform them of your injuries. By notifying the other parties, you simply ensure that you can proceed with negotiations regarding settlement and arbitration at your own speed, without feeling rushed.
Is there a time limit in which I have to file a claim in to be compensated for my injuries?
Yes. Settling a personal injury claim can be time consuming, and if you fail to file your claim in a timely manner, you may be completely out of luck in collecting any sort of compensation. There are laws on the books called “statutes of limitations” that give the maximum time you have to bring certain types of lawsuits. If this time period passes you up, you may be barred from ever bringing suit to recover for your injuries. You should always check on your state’s statute of limitations for your type of claim to ensure that the time period does not pass you by.
How soon do I have to file a claim against the government for my personal injury?
Unlike filing a claim against an individual or a company, if you need to file a claim against the government or a government agency or employee, you have a limited amount of time in which you must file a claim. Depending upon your type of case and the state you live in, this time period usually ranges between 30 days and one year. If you do not abide by these timelines, you may lose your right to recover any sort of compensation for your injuries or property damage.
Perhaps the fastest way of finding out the time period in which you have to file your claim is to call your local city or county attorney and simply ask. Even though these attorneys may be the ones defending against your case or settling a personal injury claim, they are still under an obligation to give you the correct information. For more help, call 954 961 6767 and ask to speak with a Ft Lauderdale auto accident attorney.

Settlement of Your Injury Case:

The majority of legal claims arising from accidents or injuries do not reach a civil court trial — most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company. If you are considering settling a legal claim after an accident or injury, or if you have received a settlement offer, you should talk to your Ft Lauderdale personal injury attorney and receive his or her thorough assessment of the case and the prospects for a settlement. Consider the following points:
•Amount he thinks the case is worth in a range of dollar amounts.
•Verdicts and settlements in similar cases.
•Chances of winning at trial.
•Unfavorable publicity for either side (civil court trials are open to the public and media scrutiny).
•Amount of personal information that could be revealed at trial or through further discovery.
•Possible disclosure of business information or trade secrets.
•When the case is likely to be called for trial.
•Practical difficulties in trying the case.
•Weaknesses in your evidence.
•Weaknesses in your opponent’s evidence.
•The amount of the defendant’s insurance coverage.
•The defendant’s own monetary resources.
•The defendant’s lawyer’s negotiation tactics (your Fort Lauderdale accident lawyer may have negotiated with the lawyer before, or has talked to other personal injury lawyers in Broward County FL to get an idea of what to expect).
•The extent to which your opponent is likely to play “hardball.”
•If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer’s fee and your expenses.
•If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
•Talk about what you’re willing to concede in order to get the case settled.
•Discuss the minimum amount you will accept.
•Consider the possibility of a partial settlement, that is, settling the easy issues first while you continue to negotiate the more contentious issues.

Trial of My Injury Case:
In a Fort Lauderdale personal injury trial, a judge or jury examines the evidence to decide whether, by a “preponderance of the evidence,” the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff. A trial is the plaintiff’s opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant. A trial also represents the defendant’s chance to refute the plaintiff’s case, and to offer his or her own evidence related to the dispute at issue. After both sides have presented their arguments, the judge or jury considers whether to find the defendant liable for the plaintiff’s claimed injuries, and if so, to what extent (i.e. the amount of money damages a defendant must pay).

(Note: Although a trial is the most high-profile phase of the personal injury lawsuit process, the vast majority of personal injury disputes are resolved well before trial — and in some cases before a lawsuit is even filed — via settlement between the parties, alternative dispute resolution (ADR) processes like arbitration and mediation, or through dismissal of the case.)

A complete personal injury trial typically consists of six main phases, each of which is described in more detail below:

•Choosing a Jury

•Opening Statements

•Witness Testimony and Cross-Examination

•Closing Arguments

•Jury Instruction

•Jury Deliberation and Verdict

Choosing a Jury
Except in cases that are tried only before a judge, one of the first steps in any personal injury trial is selection of a jury. During jury selection, the judge (and usually the plaintiff and the defendant through their respective attorneys) will question a pool of potential jurors generally and as to matters pertaining to the particular case — including personal ideological predispositions or life experiences that may pertain to the case. The judge can excuse potential jurors at this stage, based on their responses to questioning.

Also at this stage, both the plaintiff and the defendant may exclude a certain number of jurors through use of “peremptory challenges” and challenges “for cause”. A peremptory challenge can be used to exclude a juror for any reason (even gender and ethnicity in civil cases), and a challenge for cause can be used to exclude a juror who has shown that he or she cannot be truly objective in deciding the case.

Opening Statements
Once a jury is selected, the first “dialogue” in a personal injury trial comes in the form of two opening statements — one from the plaintiff’s attorney, and the other from an attorney representing the defendant. No witnesses testify at this stage, and no physical evidence is ordinarily utilized.

Because the plaintiff must demonstrate the defendant’s legal liability for the plaintiff’s injuries, the plaintiff’s opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff’s main case before making its own opening statement.

Regardless of when opening statements are made by either side in a personal injury case, during those statements:

•The plaintiff presents the facts of the accident or injury and the defendant’s alleged role in causing the plaintiff’s damages — basically walking the jury through what the plaintiff intends to demonstrate in order to get a civil judgment against the defendant.

•The defendant’s Ft Lauderdale personal injury trial attorney gives the jury the defense’s own interpretation of the facts, and sets the stage for rebutting the plaintiff’s key evidence and presenting any “affirmative” defenses to the plaintiff’s allegations.

When a personal injury lawsuit involves multiple parties (i.e. where three individual plaintiffs sue one defendant, or one plaintiff sues two separate defendants), accident attorneys in Broward County representing each party may give their own distinct opening arguments.

Witness Testimony and Cross-Examination
At the heart of any personal injury trial is what is often called the “case-in-chief,” the stage at which each side presents its key evidence and arguments to the jury.

In its case-in-chief, the plaintiff methodically sets forth its evidence in an attempt to convince the jury that the defendant is legally responsible for the plaintiff’s injuries and damages. It is at this point that the plaintiff may call witnesses and experts to testify, in order to strengthen his or her case. The plaintiff may also introduce physical evidence, such as photographs, documents, and medical reports. Especially in more complicated personal injury lawsuits such as medical malpractice and defective product claims, a plaintiff’s utilization of expert testimony and documentary evidence will be crucial in proving the defendant’s legal responsibility for the plaintiff’s damages.

Whether a witness is called by the plaintiff or the defendant, the witness testimony process usually adheres to the following formula:

•The witness is called to the stand and is “sworn in”, taking an oath to tell the truth.

•The party who called the witness to the stand questions the witness through “direct” examination, eliciting information through question-and-answer, to strengthen the party’s position in the dispute.

•After direct examination, the opposing party has an opportunity to question the witness through “cross-examination” — attempting to poke holes in the witness’s story, attack their credibility, or otherwise discredit the witness and his or her testimony.

•After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through “re-direct examination,” and attempt to remedy any damaging effects of cross-examination.

After the plaintiff concludes its case-in-chief and “rests”, the defendant can present its own evidence in the same proactive manner, seeking to show that it is not liable for the plaintiff’s claimed harm. The defense may call its own witnesses to the stand, and can present any of its own independent evidence in an effort to refute or downplay the key elements of the plaintiff’s legal allegations. Once the defense has rested, the plaintiff has an opportunity to respond to the defense’s arguments through a process known as “rebuttal,” a brief period during which the plaintiff may only contradict the defense’s evidence (rather than present new arguments). Sometimes, the defense may in turn have a chance to respond to the prosecution’s rebuttal.

Once the plaintiff and defendant each have had an opportunity to present their case and to challenge the evidence presented by the other, both sides “rest”, meaning that no more evidence will be presented to the jury before closing arguments are made.

Closing Arguments
Similar to the opening statement, the closing argument offers the plaintiff and the defendant in a personal injury dispute a chance to “sum up” the case, recapping the evidence in a light favorable to their respective positions. This is the final chance for the parties to address the jury prior to deliberations, so in closing arguments the plaintiff seeks to show why the evidence requires the jury to find the defendant legally responsible for the plaintiff’s injuries. In turn, the defendant tries to show that the plaintiff has fallen short of establishing the defendant’s liability for any civil judgment in the plaintiff’s favor.

Jury Instruction
After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is jury instruction — a process in which the judge gives the jury the set of legal standards it will need to decide whether the defendant should be held accountable for the plaintiff’s alleged harm.

The judge decides what legal standards should apply to the defendant’s case, based on the personal injury claims at issue and the evidence presented during the trial. Often, this process takes place with input and argument from both the plaintiff and the defendant. The judge then instructs the jury on those relevant legal principles decided upon, including findings the jury will need to make in order to arrive at certain conclusions. The judge also describes key concepts, such as the “preponderance of the evidence” legal standard; defines any specific injury claims or “torts” the jury may consider (i.e. fraud and infliction of emotional distress); and discusses different types of damages (i.e. compensatory and punitive) — all based on the evidence presented at trial.

The case then goes “to the jury.”

Jury Deliberation and Verdict
After receiving instruction from the judge, the jurors as a group consider the case through a process called “deliberation”, attempting to agree on whether the defendant should be held liable for the plaintiff’s claimed injuries, and if so, the appropriate compensation for those injuries. Deliberation is the first opportunity for the jury to discuss the case — a methodical process that can last from a few hours to several weeks. Once the jury reaches a decision, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

The State of Florida requires that a 6-person jury in a personal injury case be unanimous in finding for the plaintiff or the defendant. If the jury fails to reach a unanimous verdict and finds itself at a standstill (a “hung” jury), the judge may declare a “mistrial”, after which the case may be dismissed or the trial may start over again from the jury selection stage.

The legal papers that are filed in court at the beginning of a Fort Lauderdale personal injury lawsuit are called “pleadings”. Your Fort Lauderdale personal injury attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your lawsuit.
Complaint
Usually the first document filed in a Fort Lauderdale personal injury lawsuit is the Complaint, which provides an outline of the plaintiff’s case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court’s jurisdiction over the controversy, states the plaintiff’s legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he wants the court to require the defendant to do, such as pay damages.
The purpose of the Complaint is to provide the defendant with notice of the factual and legal bases of the plaintiff’s claims. Generally, the facts set forth in the Complaint are based on the plaintiff’s own knowledge. Sometimes the plaintiff will use the phrase, “upon information and belief” before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described. Most states require that the Complaint set forth a short and plain statement of the plaintiff’s claims, so don’t be surprised if the facts are sketchy, or if they don’t seem to tell the whole story.
Summons and Service of Process
The Summons is an order from the court where the Fort Lauderdale accident lawsuit will be heard or “litigated”. It notifies the recipient (the “defendant” in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even if they did not participate. Failing to respond to a Fort Lauderdale accident lawsuit on time will cause a defendant to be “in default.”
The Summons is usually a form document. It will have a pre-printed caption that contains the name of the court, the names of the parties and a docket number (the court’s identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the “Notice”. The Summons will be delivered or “served” on the defendant along with the Complaint, either when somebody actually confirms his or her identity and gives them the documents, or when they are mailed to the defendant. The legal term for this is “service of process”. The Summons, properly served, gives the court power or “jurisdiction” over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.
Answer
The defendant’s response to the Complaint is called an Answer, though some states use a different word for this document. The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: “admitted”, “denied”, “insufficient knowledge to admit or deny”. An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff’s damages. Some of these defenses may also be the basis of a motion to dismiss.
Counterclaim
If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled “Counterclaims”. The Counterclaim will be written in a manner similar to the Complaint.
Reply to Counterclaim
If a defendant asserts a Counterclaim in the Answer, the plaintiff may respond by filing a “Reply”. The Reply will “admit”, “deny”, or assert that the plaintiff lacks information, just as the original Answer did. The Reply also may assert defenses, just as the Answer did.
Cross-claim
Cross-claims arise when there are many parties to the lawsuit and two or more, who are “aligned” as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claim against Driver B, within the same lawsuit.
Answer to Cross-claim
The person being sued in a Cross-claim will file an Answer similar to the one filed after the original Complaint.
Third-party Complaint
Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a Third-party Complaint. Like the regular Complaint, it will set forth the relevant facts giving rise to the defendant’s claim against the third party, and will set forth a request for relief.
Answer to Third-party Complaint
The person being sued through a Third-party Complaint must file an Answer, similar to the one filed after the original Complaint.

Litigation & Discovery Process:

A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. Since the late 1940′s, the federal court system has required disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.
Written Discovery: Interrogatories and Requests for Admission
Interrogatories are questions requiring your version of the facts and of your claims. They can be pre-printed “form” interrogatories, or specific questions asked just for your case called “special” interrogatories. Questions can range from the broad (“What happened on May 2, 2009?”) to the specific (“Is it your position that the defendant was wearing sunglasses at 2:30 p.m. on May 2, 2009?”). If the questions asked are not fair questions or are difficult to understand, your Fort Lauderdale litigation attorney will help you decide what you should object to.

Requests for admission are not often used, but can be a very powerful tool. They ask a party to admit or deny certain facts pertaining to the case, and they carry with them penalties for not answering, for answering falsely, or even answering late.
Document Production
Document production is fairly self-explanatory. Any party has a right to see most documents that even arguably relate to a case. Particularly in more complex medical malpractice or product defect cases, the documents involved can be voluminous. Increasingly, courts are allowing access to computer files as part of document discovery. In cases where enough is at stake to justify it, courts have even allowed litigants to reconstruct deleted files (like e-mail), although that practice has not yet become common.
Depositions
Depositions are sworn statements, when a person will answer questions from a litigation and disocvery attorney in Broward County FL, and a court reporter will make a transcript of all that is said. Depositions can range in length from an hour to a week or more. Although all Fort Lauderdale litigation attorneys have their own strategies for depositions, there are basically three reasons to do them: to lock people into their stories, to see what the other side has, and to do a “practice trial,” that is, to see how a witness will appear and conduct themselves before a judge or jury.
Your Fort Lauderdale litigation attorney will tell you what he or she wants from you if you are deposed, but there are two general things to remember. First, never guess. The purpose of a deposition is to give facts, not to speculate as to what might have happened. Even if it makes you self-conscious to say it, sometimes “I don’t know” is the right answer. Second, it is human nature to want to explain things so that your listener understands, but you should resist the impulse. It is your opponent’s job to get the answers. It is your job to answer only the question asked, not to offer additional information.

Things to Remember About Discovery

• Keep in mind that it is very likely that anything and everything will come out at some point in the discovery process.
• It is imperative that you be honest with your Ft Lauderdale discovery lawyer about the facts and documents that may come out. He or she can’t do the best job if you don’t disclose everything.
• Discovery can be lengthy, expensive, intrusive, and frustrating. Whether you want to have your life opened to that kind of scrutiny should play a role in your decision whether or not to start a lawsuit.
• Be honest. Nothing will make you lose a case quicker than lying in discovery and getting caught, and it is likely that you will get caught if you are purposefully dishonest.

Meeting With an Attorney About Your Injury Case:

Meeting With a Fort Lauderdale Personal Injury Attorney About Your Injury Case
During your first meeting with an attorney after any accident or injury, your lawyer will first want to hear about what happened, and he may collect a variety of information from you. The length of the initial interview can vary depending on the circumstances that led to your injuries. In rather straightforward cases like car accidents, the first meeting probably won’t take very long, especially if you come prepared. In more complex cases like medical malpractice or injuries from defective products, the initial interview will usually take longer.

As you tell the Fort Lauderdale personal injury lawyer about your accident, he may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your Ft Lauderdale accident lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.

Here is an idea of what you can expect during your first meeting with a Fort Lauderdale personal injury attorney:

•The lawyer may ask you to sign a form authorizing the release of your medical information from health care providers, so that he can obtain your medical records on your behalf

•The lawyer will want to know about all of your insurance coverage.

•The lawyer will ask if you have talked to any insurance adjustors and if so, what you have said and whether you provided a recorded or written statement about the accident or injury.

•The lawyer will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.

•If it isn’t evident by looking at you, the lawyer may ask about the current status of your injuries — whether you are in pain, what your prognosis is, etc.

•The lawyer may advise you to see your doctor if you have any lingering physical problems or complaints. If you don’t see your doctor and later decide to pursue a legal claim for your injuries, thedefendant may argue that you aren’t seriously hurt, on the theory that no doctor visit indicates no medical problems.

•The lawyer may decide to consider your case, and to contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.

•The lawyer may decline to take your case. He or she may do this for many reasons, such as his current caseload, capabilities or specialties, economic situation, or family responsibilities. You also may learn that in the lawyer’s opinion, you do not have much of a case. While this is valuable information, and it is better to get such an opinion early, you should by all means seek a second opinion from another attorney.

•The lawyer may refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons, or when he thinks that the other lawyer can do a better job under the circumstances.

•The lawyer may ask you to sign a retainer contract or other form of agreement for representation. Read the contract carefully and ask questions before you sign it. You should be able to take the contract home to study it before signing.

•The lawyer will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.

•The lawyer will tell you not to talk about the case with others, and that you should refer questions back to him or her. This is very important advice. Just as loose lips sink ships, stray comments can ruin your case in the courtroom.

•The lawyer will probably give you an idea of how he intends to keep you informed of progress in your case. There is no unified approach to this. Some lawyers provide periodic report letters; others call you on a periodic basis or when something happens; still others will ask you to call when you have questions.