With The Spivey Law Firm, An Attorney is with You, Every Step of the Way
Recovering from the injuries caused by an accident can be a trying task. However, you’re not alone. The Fort Myers personal injury lawyers at Spivey Law Firm will guide you through the legal processes involved and gather the evidence necessary to present a strong case, allowing you to focus on your recovery.
Our attorneys are experienced and focused. We will handle your claim aggressively but will treat you with compassion and understanding. We will seek the compensation you deserve through a variety of legal procedures that are described below.
First, Fort Myers personal injury lawyer Randall Spivey will objectively evaluate your claim, identify the liable parties, explain the strengths and weaknesses of your claim, and provide you with legal options. If you have a good case, you will have the option to file a claim.
Drafting and Sending the Demand Letter
One of the first steps in the process is to send the insurance companies a demand letter stating that you will hold them accountable for your injuries. We will also explain why your claim is likely going to be successful. A well-drafted demand letter may lead to a favorable settlement.
Initiating the Lawsuit After Settlement Talks End
If settlement negotiations fail, the next step is to file your lawsuit with a document known as a Complaint, which is the beginning of “litigation” or the process of taking legal action. Simply filing your Complaint often re-opens settlement negotiations, as the opposing party (also known as the “defendant”) realizes you’re serious and will not simply go away.
The Complaint states your arguments in a very basic form, including why you are entitled to compensation and requests that the court order the defendant to pay monetary damages. Finally, it puts the defendant on notice of the lawsuit and allows them to respond.
Pre-Trial Litigation Issues
After the suit has been filed, there may be a series of procedures and hearings, typically referred to as “pre-trial litigation.” These are typically used to resolve procedural issues, i.e., issues that focus on the process of the suit rather than the arguments to be made. Pre-trial litigation varies from reasonably simple matters, such as whether the case was brought in the proper court, to more pressing issues, such as whether the suit was timely filed.
In any event, pre-trial litigation can be quite complex, and you need experienced lawyers like those at Spivey Law Firm, Personal Injury Attorneys, P.A. They understand every type of pre-trial procedure and hearing.
Again, the prospect of settlement is possible, as the parties consider the cost of going to trial. They may also consider settlement aids such as arbitration or mediation. In mediation, the parties take their case to a neutral third party, typically known as the mediator, who is trained specifically to help the parties settle.
Mediation is a conflict resolution process in which two or more parties decide to reach an agreement with the help of a neutral, third party to guide them thru the process. The Mediator is not a judge, but rather a neutral facilitator.
Arbitration is a similar option in which one or more arbitrators consider the case. However, unlike mediation, the arbitrators’ decision can be either binding or non-binding on the parties.
Our Fort Myers Personal Injury Attorney Will Handle the Discovery Process
From the Complaint up to the trial date, both sides are required to turn over evidence to each other in a process called “discovery.”
That includes Requests for Admissions, which are used to efficiently dispense with agreements on, for example, the parties’ names and addresses. Requests for Production of Documents and Things include documents, electronically-stored information, or other tangible items made in the course of litigation.
Interrogatories are written questions that may be sent to any person or legal entity who is a party to the lawsuit (plaintiff or defendant). Typically most useful are depositions, either written or oral, where the requesting party can ask the opposing party direct questions, of which answers are given under oath. Finally, each party must supply information about any expert witnesses that each side plans to rely on at trial.
Attending the Trial in Florida
Trials are formal proceedings in which each side argues its case by relying on evidence and calling witnesses to testify. A judge oversees the trial and guides the jury, who generally determine whether the person or entity being sued is, in fact, liable for the accident due to negligence or under a strict liability theory.
Arguing your case at trial should be handled by experienced attorneys, such as the Fort Myers personal injury lawyers at Spivey Law Firm.
Contact a Fort Myers Personal Injury Attorney for More Information About Your Claim
The personal injury process is very involved, and the details of such extend far beyond the scope of this article. However, we have experienced attorneys at Spivey Law Firm. If you or a loved one was involved in an accident that resulted in injury or even death, Randall Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. has a team that is on your side and ready to work for you. Contact us online or call us at (239) 337-7483 or statewide (888) 477-4839.
More Helpful Information
Florida Statute 627.736 that governs no-fault insurance states accident victims must seek ‘initial services and care’ within 14 days of an accident to be eligible to claim personal injury protection benefits.