The legal process after a car accident in Tampa involves multiple steps. Unfortunately, a misstep during any of these steps could reduce the compensation you could receive for your injuries and other losses from the at-fault party. It could even cost you the right to hold the negligent party accountable for what their carelessness did to you.
Thus, understanding the legal process is essential to navigating the injury claim and litigation experiences. A Tampa car accident lawyer can help you through this process.
The Legal Process Starts At The Scene Of The Tampa Car Accident
Things that happen at the collision scene can make or break your injury case. So, you will want to be mindful of the legal process from the very beginning. For example, preserving evidence could prove crucial in determining fault for the accident. In addition, getting witnesses’ names and contact information could make it possible to call them to testify at trial.
Jotting down the license plate information and other details could help the police locate a fleeing hit-and-run driver. Otherwise, you might have to rely on your automobile insurance policy’s uninsured or underinsured motorist coverage.
Medical Evaluation And Treatment After A Car Accident In Tampa
You must prove the extent of your injuries in your claim against the at-fault driver, so you will want to receive a professional medical evaluation right away. Your medical records can link your wounds to the collision.
Also, be sure to finish your prescribed treatment plan. Completing treatment will prevent the defendant from saying an insurance adjuster or jury should reduce your money damages because finishing treatment might have resulted in better healing of your injuries.
Talking To A Personal Injury Lawyer About Your Injury Claim
As part of the legal process, you might want to work with a lawyer from the beginning of your injury claim. When you hire an attorney, you will not have to deal with constant demands from the insurance company for information. Instead, your lawyer will handle those things, freeing you to rest and recuperate.
Evidence can deteriorate or disappear quickly after a Tampa car crash. However, talking with a lawyer right away allows them to start their investigation while evidence is still available.
Negotiating A Fair Settlement Of Your Tampa Car Collision Injury Claim
Your lawyer will send a demand letter to the insurance company. The demand letter states why their insured is liable and how much money you will accept to settle your claim. The insurance company will likely make a counteroffer. The insurer and your attorney will negotiate until they reach a settlement or find themselves at an impasse.
Filing A Lawsuit If Your Case Does Not Settle
If appropriate, your attorney might file a lawsuit against the at-fault party if your case does not settle. However, settlement talks can continue after you file your lawsuit. Most personal injury cases are settled without having to go to trial.
Pitfalls Of Dealing With The Insurance Company Alone
Insurance companies are in the business of resolving claims for as little money as possible. Thus, they use tactics like these to pay you less money than you deserve for your injuries:
- The insurance company might deny your claim, forcing you to fight for the compensation you deserve. Many people give up and drop their injury claims.
- Claims adjusters often ask injured people to give a recorded statement. We recommend clients decline this request. Recorded statements do not help your case, but they could harm it. Your words could get taken out of context and twisted into something you did not intend.
- The claims adjuster might exaggerate your share of fault if you were partly to blame for the collision. They might say you are no longer entitled to monetary damages if you were partially at fault, but that might not be true. You can pursue an injury claim as long as your share is less than the other party’s.
- The insurance company might drag out processing your injury claim, hoping you will miss the filing deadline for a personal injury lawsuit—also called the statute of limitations. The Florida legislature recently passed HB 837, reducing the deadline for filing a lawsuit to two years after the accident date. If you miss the deadline, Florida law could forever bar you from holding the negligent party accountable through the court system.
Not knowing about these potential pitfalls could irrevocably damage your Tampa car accident case.
Pre-Trial Discovery In A Tampa Car Crash Injury Case
From the time you file suit until the trial begins, both sides (plaintiff and defendant) engage in discovery. Discovery is the stage in the legal process during which the parties gather as much evidence as possible to support their side of the case and tear down the other side’s case.
Typical types of discovery in personal injury lawsuits include:
- Depositions
- Interrogatories
- Requests for admissions
- Requests for document production
What To Expect In A Tampa Car Accident Personal Injury Case Trial and Post-Trial
The plaintiff gets the first chance to present their testimony and other evidence to the judge and jury at trial. When the plaintiff finishes their case, the defendant puts on their evidence.
If you represent yourself at trial instead of working with an attorney, the judge will expect you to know and follow the procedural rules and the substantive law. Also, the insurance company will have several lawyers defending it against your claims. The defense lawyers will look for any mistake on your part that will justify excluding evidence or dismissing your case.
Most of all, the defense team will try to get a verdict in its favor, meaning the jury does not award you any money for your losses.
An Experienced Car Accident Lawyer Can Help You Manage The Legal Process
The legal process after a Tampa car accident can be cutthroat because of the money at stake. However, the Law Offices of Anidjar & Levine is ready to help you. We go the extra mile for our clients. We can even help schedule your doctor’s appointments and arrange for your car to get fixed.
So, contact us today for a free initial consultation. There is no obligation and no upfront costs.
