Many car accident claims in Florida are resolved through settlement negotiations with an insurance company. However, when the parties cannot agree on liability or the value of a car accident or personal injury claim, filing a Florida car accident lawsuit may become necessary to hold negligent parties accountable. Although litigation can seem overwhelming for accident victims, the car accident lawsuit process follows a series of specific steps.
At Cloud Law Firm, our team of car accident litigation attorneys helps injured clients understand what to expect at every stage of the legal process when pursuing compensation in a Florida car accident claim. Our team handles every aspect of the legal process involved in pursuing a claim, including communicating with insurance companies, gathering evidence, meeting court deadlines, and advocating for fair compensation for damages so that our clients can focus on recovering from their injuries while we manage their personal injury case.
When Does a Car Accident Lawsuit Become Necessary?
A car accident lawsuit in Florida may become necessary when an insurance company or defendant:
- Disputes fault
- Questions the severity of injuries
- Disagrees with medical expenses or future damages
- Offers a settlement that does not fairly compensate the injured person
Depending on the circumstances of the specific case, the lawsuit may involve one or more parties, including the at-fault driver’s insurance company or your own insurer. Your own insurance policy may come into play in certain situations, such as when uninsured or underinsured motorist coverage must be used. Filing a lawsuit for injuries does not automatically mean the case will go to trial, as many claims settle during the car accident lawsuit process, such as during negotiations or when the insurance company realizes you wish to take the case to trial.
What Can You Recover in a Car Accident Lawsuit?
A Florida car accident lawsuit may request compensation for both economic and non-economic damages. The damages that are available to victims depend on the facts of the case and the evidence they have to support each claim. Some of the most common damages listed in a Florida car accident lawsuit include, but are not limited to:
- Medical Expenses – Common medical damages in car accident cases may include:
- Emergency room treatment
- Hospital stays
- Surgeries
- Rehabilitation
- Prescription medications
- Medical equipment
- Future medical care related to the accident
- Lost Income and Future Earning Capacity – Compensation may be available for any wages a victim lost during their recovery, as well as for any reduced earning capacity if permanent injuries resulting from the accident affect a victim’s ability to work or earn income in the future.
- Pain and Suffering – Florida law may allow victims to pursue compensation for the physical pain and emotional effects of a serious injury that was caused by the accident, depending on the circumstances of the claim and evidence provided.
- Emotional Distress / Mental Anguish, and PTSD – Some accident victims may experience various types of emotional distress, including:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Other forms of emotional injuries following a crash
These types of damages may be recoverable during a Florida car accident lawsuit when supported by sufficient evidence.
- Permanent Disability, Scarring, and Disfigurement – Serious injuries that result in permanent disability, visible scarring, burns, or other lasting physical changes to the victim may increase the value of a car accident injury claim in Florida.
- Loss of Consortium – In certain car accident lawsuits, a spouse may request damages for the loss of companionship, affection, or support that was a result of the injured person’s serious injuries.
- Property Damage – A car accident lawsuit may also include a claim for compensation for vehicle repairs, replacement costs, and other property damage caused by the crash when appropriate.
Other types of car accident damages that can be claimed include:
- Loss of employment benefits
- Vocational rehabilitation costs
- Physical or occupational therapy
- Mental health counseling or psychological treatment
- Prescription medication costs
- Medical equipment (wheelchairs, prosthetics, braces, crutches)
- Home health care or in-home nursing services
- Transportation expenses for medical appointments
- Home or vehicle modifications due to a disability
- Rental vehicle expenses
- Other out-of-pocket expenses related to the accident
- Loss of enjoyment of life
- Permanent disability or impairment
- Loss of bodily function
- Chronic pain
- Loss of independence
- Embarrassment or humiliation resulting from permanent injuries
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of financial support
- Loss of companionship and protection
- Loss of parental guidance and instruction
Steps in a Car Accident Lawsuit in Florida
When settlement negotiations with an insurance company result in a car accident claim denial or an inability to agree on a settlement, a car accident lawsuit may become necessary. Although every case is unique, the steps in a Florida car accident lawsuit typically follow a similar legal process.
Starting the Lawsuit Process
The car accident lawsuit process officially begins when your attorney files the necessary legal documents with the court in the district in which the accident occurred after settlement negotiations have failed to resolve your claim fairly.
Initial Investigation
Before filing a car accident lawsuit, a Florida personal injury attorney from our team typically gathers various types of documentation and evidence such as:
- Police reports
- Medical records
- Photographs
- Witness statements
- Video footage
- Vehicle damage documentation
- Expert opinions when appropriate
This evidence helps establish liability and demonstrate to the court the extent of the damages that the victim sustained.
Filing the Complaint With The Court
The lawsuit officially begins when a complaint with evidence is filed with the appropriate Florida court in the district where the accident occurred. The complaint officially:
- Identifies the parties involved
- Explains how the accident occurred
- Describes the injuries
- Requests a certain amount of compensation
The defendant is then formally served with the lawsuit and is notified of when to appear in court.
The Defendant’s Response
After being served with the lawsuit, the defendant will then have to file an answer admitting or denying the allegations and may provide legal defenses that will become part of the case.
Discovery During the Car Accident Lawsuit Process
Discovery is often the longest phase of the car accident lawsuit process and includes both sides exchanging information and evidence through:
- Written questions
- Document requests
- Depositions
- Independent medical examinations
The evidence that is gathered during discovery often plays an important role in settlement negotiations before trial or during trial.
Settlement Negotiations Continue Throughout the Case
Settlement discussions often continue after a lawsuit has been filed. As additional evidence becomes available during discovery, the parties may reach an agreement before trial. Courts may also require that parties go through mediation, where a neutral third party helps facilitate settlement negotiations.
The Car Accident Trial Process
If a settlement cannot be reached during negotiations, discovery, or mediation, the case may proceed to the car accident trial process. Although it is not as common as agreeing on a settlement, some personal injury cases ultimately reach trial, and it is helpful to understand the basic process.
The trial typically includes:
- Jury selection
- Opening statements
- Presentation of evidence
- Witness testimony
- Closing arguments
- A verdict
In jury trials for civil cases, jurors determine both liability and damages, while in non-jury trials those decisions are made by the judge.
How Long Does the Car Accident Lawsuit Process Take?
Every civil lawsuit for personal injury in Florida follows its own timeline. Some lawsuits may settle within months, while others may take a year or longer depending on:
- The severity of the injuries
- Disputed liability
- Ongoing medical treatment
- Court scheduling
- The complexity of the evidence
Cloud Law Firm Helps Clients Through Every Stage of a Car Accident Lawsuit
A car accident lawsuit involves much more than simply filing legal paperwork to start the lawsuit process. Building a strong car accident lawsuit case often requires victims to accomplish many tasks, but our team of car accident lawsuit attorneys can do that on behalf of victims. A car accident lawsuit attorney from our team will:
- Gather evidence
- Consult experts
- Respond to discovery requests
- Negotiate with insurance companies
- File a car accident claim
- File a car accident lawsuit
- Prepare for trial if a fair settlement cannot be reached
At Cloud Law Firm, we represent injured car accident victims throughout Florida and surrounding Florida areas. Whether your accident claim involves another driver’s insurance company or a dispute with your own insurance carrier, our team works diligently to pursue fair compensation that is available under Florida law while guiding clients through every stage of the car accident lawsuit process.