If you have been injured due to the negligence of another, such as a car accident or slip and fall accident, and you were unsuccessful in settling the case, the next step is to file a civil lawsuit. When you retain an attorney to represent you, the attorney, with your permission, will file a lawsuit in the appropriate court that has the proper jurisdiction over the case and the parties, on your behalf. Hiring an experienced personal injury attorney to represent you in a lawsuit will ensure that your case is handled properly. The attorney will be knowledgeable of the laws, courts, judges, local court rules, deadlines, and procedures. This article provides an overview of the process of litigation in order to provide the reader with a general understanding of the steps of filing a lawsuit in Florida.
The Complaint
The first step in a lawsuit is filing the complaint. The complaint is a legal document that is filed with the proper court that outlines the court’s jurisdiction, venue, claims, damages, and request for relief and/or a jury trial. Your attorney will draft and file the complaint in the proper court depending upon where the accident took place, the type of claim, where the parties live or conduct business, and the dollar amount of the damages.
Service of Process
Once the complaint has been filed, a summons will be issued by the court. A summons is a legal document that tells a party that they are being sued. Once a summons has been issued, a process server or sheriff will serve a copy of the summons and the complaint on the party or parties (defendants) that are being sued, within a statutory time limit. A process server is a certified professional who serves legal documents on parties in exchange for a fee. In Florida, the summons and complaint must be served on the other party within 120 days from the date the complaint is filed. The court will have discretion to either dismiss the case or allow more time to serve the complaint if the other party is avoiding service or cannot be located and served.
The Answer
After the summons and complaint have been served, the defendant(s) will have 20 days to file an answer with the court in Florida. The answer is the defendant’s response to your complaint. The defendant must respond to each and every allegation in the complaint by admitting or denying the allegations. The defendant may also provide affirmative defenses, and counterclaims or crossclaims against the plaintiff in its answer, if applicable. In lieu of responding to the complaint, a defendant may file a motion with the court requesting that the court dismiss all or part of the lawsuit. A court hearing will be held on the motion, and if the judge does not dismiss the lawsuit, the defendant will be required to answer and the lawsuit will proceed.
Discovery
Once the complaint has been answered, the plaintiff and defendant will take part in discovery. Discovery is the process in which the parties will request admissions, answers to questions called interrogatories, documents, medical exams, and depositions from the other party. The court has specific procedural rules that dictate how, what, and when discovery may be performed. Your attorney, with your assistance, will guide you through the discovery process.
Pretrial Motions, Hearings, and Orders
A motion is a legal document that is filed with the court in order to ask the court for certain relief. Examples of motions that are filed with the court include motions to dismiss, motions for summary judgment, motions to compel, motions for protective order, and motions for extension of time, and many others. The party on whom the motion is being served will typically file a response, and if the parties cannot agree, a hearing will be held on the motion in front of the judge. The judge will listen to both parties and issue a decision on the motion in a written order. Either party may file an appeal if they do not agree with the judge’s decision. Your attorney will determine what motions need to be filed in your case, respond to motions from the other side, and appear on your behalf at any hearings.
Mediation
In Florida, the court will order the parties to mediate their case in order to attempt to settle the case prior to trial. Mediation is a process for resolving disputes with the help of a neutral mediator who will evaluate the case and assist the parties to come to an agreement that will hopefully resolve all the issues in the case. If the mediation is successful and the parties agree on a settlement, a settlement agreement will be signed by the parties and the case will be dismissed. If the parties cannot resolve the case at mediation, the case will continue to trial.
Trial
If your case has not settled at mediation or dismissed by motion and order, the case will proceed to trial. Your attorney will spend an extensive amount of time preparing for trial, including legal research on the specific issues of your case, hiring expert witnesses, preparing witnesses for trial, holding focus groups, filing motions excluding certain evidence, testimony and witnesses, and preparing for jury selection and the trial. At trial in Florida, the parties will offer arguments, examine and cross-examine witnesses, and present physical evidence to the jury. In most cases, the jury will ultimately decide the outcome of the case.
Appeal
The losing party may file an appeal on the judgment that is entered after trial. An appeal is a request by a party to a higher court to review the judgment or certain issues in the case. An appeal must be filed within a certain time limit or the final judgment will stand. A seasoned attorney will be knowledgeable in the law and time limits with regard to filing an appeal in your case.
Hire An Experienced Trial Attorney
The attorneys at the Law Office of Heidi A. Hillyer, P.A. have the experience you need to resolve your personal injury claim. If you would like to speak with an attorney about your case, or to schedule your free and confidential initial consultation and case evaluation, please call our office at (407) 636-8300, email, or contact us online.