Steps to Litigating a Personal Injury Case In Florida
Litigation is a term that refers to a case moving through the court process, starting with filing a personal injury claim and ending with a court decision. Sometimes, the litigation process is not necessary. There are times when a dispute can be resolved faster and at a lower cost through mediation or another form of alternative dispute resolution.
How long a personal injury case takes and what steps are needed to come to a resolution depends on the case; some are easy to resolve and others are complex. A knowledgeable attorney can help. If you were injured in Florida, reach out to a Sarasota personal injury lawyer.
Pretrial and Trial Phases of Litigation
During the pretrial phase, a personal injury case is prepared for court. This means documentation and information connected to the case will be shared and the possibility of negotiation or mediation will likely be discussed. A recommended settlement amount could be suggested through the negotiation or mediation process. If both parties agree to the amount recommended, the case does not go to litigation.
Often, disputes are settled outside of a traditional court. It is common for the best course of action to be accepting a settlement without filing a lawsuit and proceeding with litigation. This is particularly true when it is unclear how a judge or jury will interpret the facts at trial.
If it is not possible to agree on a settlement amount the personal injury case will move forward into litigation, the process after filing a lawsuit and proceeding to trial. After the discovery process ends, the court sets a day to start trial. The length of the trial will depend on the situation. Resolutions can happen within days, in some instances. Other situations require weeks or months. A judge or jury will determine who is the at-fault party or if fault is to be shared. Then, a financial award can be decided.
The Appeals Process and Moving Forward
When a person does not agree with the result of a trial, appealing the verdict may be possible. The appeals process can be long. Depending on the situation, the decision could be sustained, reversed, or the case may need to go back to court.
Timeframes can be difficult to determine as it depends on more than the parties involved. For example, judges have many cases within their workload. Court time frame issues or delay tactics used by the other party can extend timelines.
Moving forward is part of healing. A Sarasota personal injury lawyer can look over your case and give you clear guidelines of what to expect. An experienced attorney who has settled cases and gone to trial has the knowledge to determine the strength of a claim. Going to court can be a time-consuming endeavor, but in certain cases it may be necessary to achieve the positive outcome you and your family deserve.
Do you have questions about the litigation process? Are you ready to move forward with your personal injury case? The skillful Sarasota personal injury attorneys at Hale Law can help. Our lawyers work on a contingency fee basis, which means there are no fees or costs if we are unable to recover compensation. For a free consultation, call at 941-735-4529.