subject: Know The Legal Procedure Following An Auto Accident Case [print this page] Every lawsuit is different in nature. It may belong to the same category of law and yet be completely different from others. This is the same with auto accident related personal injury cases. Some may reach a resolution in a week while others may take months, or even years. If you feel frustrated at the lengthy process, think again.
Florida laws dictate the time necessary to reach a settlement. After you file for compensation regarding an auto accident in Fort Lauderdale, investigation starts. This is necessary for accumulation of evidence.
The next step is evaluation of injuries. The Florida statute of limitations provides you with 4 years time to file a claim. However, this does not mean that you rush to any settlement that the other party offers. Only a proper evaluation can help you understand what amount you need to cover the financial losses.
Here is a concise guide to what follows next.
Discovery: During this phase, both the attorneys representing the plaintiff, i.e. the victim, and the defendant, i.e. the responsible entity, exchange data about the evidence. This includes answers to written questions, documents, lists of witnesses, and such others.
Deposition: If you are the victim of an auto accident, you have to answer questions under oath. Apart from questions pertaining to the incident and injuries, there would be questions related to your lifestyle, personal as well as professional.
(Note: A competent Fort Lauderdale auto accident lawyer knows how to prepare the plaintiff to face these questions. Moreover, it is also his responsibility to object to irksome or inappropriate questions.)
Pre-trial Motions: These aims at narrowing down the scope of the lawsuit to the issues of dispute. Both the attorneys try to find out the core issues of the case and object to anything that is irrelevant to the case.
Settlement: The common ways to reach a settlement, and avoid trial, are as follows
1) Mediation where a court appointed mediator helps negotiate the compensation amount between the two parties.
2) Arbitration where a court appointed arbitrator hears the facts related to the case, examines the evidence and provides a judgment.
Trial: If all else fails, the only way left is to go to trial at a Fort Lauderdale court. Here the two attorneys represent the two aspects of the auto accident. It may take two weeks to two months to complete the trial. It is better if you reach a settlement at this time. Otherwise, further appeals and motions may lengthen the process even more.
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by: Mark
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