Do You Want Your Day in Court?

You’ve been injured in Florida by someone else’s negligence, whether due to a vehicle accident, a slip and fall, medical malpractice, or a product malfunction. You’re not happy with the settlement being offered, you’re rightfully angry, and you want your day in court. You think a judge will easily see your side and award you a big win. But it isn’t that simple.

Sometimes, going to court is the best option, but usually, negotiating a settlement with the help of an expert personal injury attorney will result in significant financial compensation without the expense, hassle, and delay of going to court.

No case goes to court unless both parties have tried to come to an agreement first. The typical steps taken in a personal injury case, if it goes to court, are as follows:

The injured party has an initial consultation with a personal injury attorney. The attorney will opine whether he or she has a strong enough case to warrant a lawsuit.
The attorney begins a preliminary investigation. If the case still seems strong, your attorney will begin a deep, thorough investigation, collecting all necessary documentation, seeking witness testimonies, and investigating the injury and any parties involved. (Depending on the cause of the injury, that may include companies, their products, medical procedures, details surrounding an accident, and more.)
The attorney sends a demand letter to the party or parties who are at fault or their insurance companies or representatives (the defendants in the case). The demand letter describes the negligent act(s) of the defendant(s), the injuries sustained by their client (the plaintiff in the case), and the amount of relief demanded for the harm caused.
The defendants respond, and usually negotiations take place to reach an agreement and avoid going to court. Offers and counter-offers are made. Most cases settle at this point. But if an agreement cannot be reached, the next step may be taken.
The defense attorney files a personal injury claim in civil court, naming the parties involved, the claim, the facts surrounding the claim, and a demand for justice. The defendants then receive a summons, notifying them of the complaint and how much time they have to respond. A case must be filed before the Florida statute of limitations runs out. The pre-trial period begins.
Discovery begins. This is a crucial step, in which both sides request documentation and evidence from the other side, and individuals are deposed. Depositions are recorded interviews asking about the facts of the case. This step can take up to a year because of the necessary back-and-forth nature of the process.
Pre-trial motions may be submitted at any time, asking the court to dismiss the case. There are several different types of pre-trial motions, each of which could be used. For each motion, the other party has 6-14 days to respond. Pre-trial motions increase the risk of litigation because the judge could accept any motion and dismiss the case at any time. But if all motions are rejected, the pre-trial process continues.
After discovery, the parties often come together again to attempt a settlement. The expenses have already piled up, and court expenses will increase costs even more. This means that the plaintiff will probably increase the demand, and the defendant may have to pay more. Sometimes the court will also order mediation, in which a third party will help negotiate or recommend a settlement. This is a non-binding recommendation, but often the parties accept it.
If no agreement is reached, the case goes to court. A year or more has passed by now since the suit was filed, and the court proceedings will drag on for weeks or months. Your attorney will probably call expert witnesses to support your claims, which are expensive but often necessary to strengthen your case. The defendants will fight just as hard to prove that they are not responsible for your injuries or that you do not deserve much compensation. They will have their own expert witnesses and will present the facts according to their own perspective. You may have a jury, or you may just have the presiding judge decide your case.
Once a decision has been reached, both parties have the right to appeal. Appeals can go on for years and can delay your ability to collect your financial award.

As you can see, litigation is lengthy and expensive, and it does not guarantee that you will get a massive windfall award. But it does guarantee greater expenses, a longer timeframe, and more stress.

You need your money as soon as possible. Let us evaluate your case. At The Quackenbush Law Firm, we are experts at crafting powerful demand letters backed up by rock-solid evidence and negotiating significant settlements for our clients. We may be able to secure far more money for you through negotiation—without the stress of a long, drawn-out court battle. Contact us today at (954) 448-7288, 24/7 from anywhere in Florida, to schedule a free consultation to discuss your case.