Understand the Litigation Process
Dealing with the results of an auto accident can be more than just an inconvenience. In addition to having your vehicle repaired, you may also be nursing injuries you suffered as a result of the crash. You may consider filing a lawsuit against the driver of the car that hit you but has reservations about bringing a lawsuit. However, if you are injured as a result of someone else’s negligence, the party that caused the accident can be held responsible. Unfortunately, many plaintiffs become frustrated with the litigation process because they do not understand how a lawsuit works.
One thing you should understand about filing a lawsuit is that a lot of work will be required on your part. In order for you to have the best chance at maximizing your recovery, your car accident attorney will have a frank discussion with you about some of the things you must do or avoid during the pendency of the suit. Opposing counsel will attempt to gather evidence to show that you are not as hurt as you say you are. Therefore, if you are still being treated for your injuries, make sure you keep all of your doctor’s appointments.
You should also keep in mind that your case will go through a number of phases before it goes to trial. Some of these phases can be quite lengthy. There will be a preliminary phase in which the defendant will file a number of motions in order to protect their client. These motions may request to have your case transferred to another venue or to dismiss the case entirely due to a rule violation. Only after these motions are addressed does the case move into the fact gathering, or discovery phase. Finally, after discovery is complete, your case can go to trial.
Something else you should know is that you will be asked to provide a lot of information of a personal nature during the discovery process. During your deposition, you can expect a number of questions about the facts of your lawsuit. The lawyer will likely question you about the injuries you are claiming to have suffered as a result of the crash. Do not be surprised if you are asked about your past medical history. The purpose of these questions is to find out about pre-existing injuries that may have been aggravated as a result of the incident.
Suing the driver who caused your accident is a serious process and at times, you may feel as though you are the one on trial. Your Miami car accident lawyer should thoroughly explain everything about filing a lawsuit so that you have reasonable expectations about the process.