Litigation Process

Fort Lauderdale, Florida Based Personal Injury Trial Attorneys–Litigation Process

Fort Lauderdale, Miami, Plantation, the Florida Keys and the Palm Beaches

We have one goal, to get our clients the most amount of money as compensation for their injuries and damages. We hope to accomplish that goal by quickly resolving your case with a pre-suit settlement, which allows you to put your Fort Lauderdale accident behind you so you can move forward with your life. Unfortunately, insurance companies often fail to recognize their responsibility or they undervalue a client’s injures. So, unlike most so-called personal injury attorneys, we are ready willing and able to file your lawsuit and take your case to trial. We will not send you to another attorney to handle your trial. We use our more than 25 years of jury trial and courtroom experience and move cases into litigation and trial, if that is what is needed to help you get the compensation they are entitled to recover.

But unlike the pre-suit process which usually requires our clients to focus on their medical care and physical recovery, the litigation process requires a commitment from our clients, as they 1will be required to perform certain mandatory tasks. Those tasks include responding to interrogatories, which are written questions sent by the insurance company’s attorney, which we help you answer, and providing documents in response to a Request for Production. Many clients find this process intrusive, as the insurance company’s attorney will be seeking otherwise private details of your live; unfortunately, this is a required part of Miami personal injury litigation. Additionally, you will be required to attend a deposition at another attorney’s office, so that the insurance company’s attorney may question you about your life and anything related to your accident and the damages you are claiming. A deposition may last anywhere between 2 to 6 hours, depending upon the complexities of your case, and your past litigation and accident history. We spend hours of time with you before your deposition so as to properly prepare you for what is generally considered the most critical part of your case.

Then, as mandated by the Florida Rules of Civil Procedure, a Florida accident victim will need to attend at least one, if not more, examinations by doctors hired by the insurance company. The job of these so-called independent medical examiners, whose are in reality anything but independent, is to render opinions contrary to your treating doctors’ opinion. Thereafter, a formal settlement meeting, called Mediation, will take place. Mediations are mandatory in all Florida personal injury cases. And, finally, if the case does not resolve at mediation, a trial will take place in the county in which the lawsuit was filed. A trial is not unlike those which you may have seen on television, but unlike television, it generally moves at a much slower pace. You will be required to be in attendance throughout the entire trial, although you will only have to do one activity, testify once. The length of a trial depends upon the issues which are contested. If the insurance company is disputing what happened, what is referred to as liability, in addition to the severity of your injuries, or damages, a trial may take more than a week. The length and time of a trial depends upon one person, the judge. The trial will begin and end based upon the judge’s schedule.

If you do not live in the county your lawsuit was filed, the rules require you to appear in that jurisdiction for each of these events.

We use our more than 25 years of courtroom experience and knowledge to help our clients through his daunting and difficult process, so that we may help you achieve the best possible result.

If you or a loved one suffered personal injuries due to any type of accident and think your case may end up in litigation, we ask you to CONTACT the Law Offices of Joseph I. Lipsky, P.A., either ONLINE or by CALLING us:

(888) FLA-LAW8 – Toll Free
(954) 693-0073 – Fort Lauderdale – Plantation
(305) 821-7333 – Miami-Dade
(561) 514-3535 – Palm Beaches
(305) 296-6300 – Florida Keys

to arrange for your FREE NO OBLIGATION CONSULTATION. The call and personal injury consultation are FREE, so do not delay in calling to find out about your legal rights.