How to File a Car Accident Lawsuit in Florida

Experienced guidance from a car accident attorney in Palm Beach County

Filing a car accident lawsuit in Florida involves several critical steps to ensure your rights are protected and you maximize the potential for a favorable outcome. Given Florida’s status as a No-Fault state, the process may differ from what you might expect in other states.

No-fault insurance in Florida can restrict legal options after a car accident. Pursuing a lawsuit against another driver is difficult, especially for minor injuries or property damage. Severe injuries may lead to litigation, but cases rarely go to trial unless injuries are significant.

At The Law Offices of Casey D. Shomo, P.A. in Palm Beach Gardens, Mr. Shomo and his dedicated legal team understand the challenges you may face in pursuing fair and full compensation after a car accident. In some cases, filing a lawsuit may be the best option for you, and we are here to help. With our extensive knowledge of the legal system in Florida, we can guide you through the process while looking out for your best interests and protecting your rights.

Here is an overview of the process:

Seek medical attention

Florida’s No-Fault law requires that you seek medical treatment within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits. Immediate medical attention is also crucial for your health and serves as documentation of your injuries.

This medical record will serve as valuable evidence once you get started on the car accident lawsuit process. It’s proof of the extent of your injuries and the medical treatment required, strengthening your case, and increasing your chances of receiving fair compensation.

Report the Accident to Police

It’s important to report the accident to the relevant authorities as soon as possible. This official report will be a vital piece of evidence in your potential lawsuit.

Consult with a car accident attorney

Before initiating a lawsuit in Florida, consulting with an experienced car accident lawyer is advisable. An attorney can help you understand your legal options, the complexities of Florida’s No-Fault law, and whether pursuing a lawsuit is in your best interest.

We combine the attentive care of a small firm with the resources typically associated with larger firms to give our clients unique personalized legal representation insurance companies cannot argue with. From negotiations to representing you in court, if necessary, Mr. Shomo can guide you through every step of the car accident lawsuit process.

Demand letter

The first step in filing a car accident lawsuit is often sending a demand letter to the at-fault party or their insurance company. This letter outlines your injuries, damages, and the compensation you’re seeking. It serves as a formal request for settlement before taking the matter to court. The demand letter typically includes details of the accident, medical expenses, lost wages, and any other relevant damages.

File a petition

If the demand letter doesn’t lead to a satisfactory settlement, the next step is to file a petition in court. This legal document formally initiates the lawsuit and outlines the basis for your claim. It includes details of the accident, the injuries sustained, and the legal grounds for holding the at-fault party liable. Once the petition is filed, the court will serve the defendant with a copy and set a date for the case to proceed.

Settlement

Before the case goes to trial, there may be opportunities for settlement negotiations between your attorney and the opposing party. Both sides may engage in mediation or arbitration to resolve outside of court. If a settlement agreement is reached, it typically involves the defendant agreeing to pay a certain amount of compensation in exchange for releasing them from further liability related to the accident.

Trial

If a settlement cannot be reached, the case proceeds to trial. During the trial, both parties present evidence, call witnesses, and make arguments to the jury. The jury will ultimately determine liability and the amount of damages to be awarded based on the evidence presented. Trials can be lengthy and complex, requiring skilled legal representation to effectively advocate for your rights.

Appeal

If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision to a higher court. An appeal involves reviewing the trial record and arguing that legal errors were made that affected the case’s outcome. The appeals court will review the case and either uphold the lower court’s decision, reverse it, or remand it for a new trial. Appeals can prolong the legal process but are sometimes necessary to seek justice in complex cases.

Navigate the legal process with an experienced car accident lawyer

At The Law Offices of Casey D. Shomo, P.A. in Palm Beach Gardens, we are dedicated to providing more than just legal representation. Mr. Shomo and his team prioritize open communication and personalized attention as fundamental commitments to our clients. From answering questions to providing updates and offering guidance, we strive to be a trusted ally throughout the lawsuit process. Your needs are our top priority, and we are committed to delivering the individualized care and support you deserve. Take the first step and contact us today to see how our law firm can help you.