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Florida places number two for the number of registered motorcycle owners in the country. It should come as no surprise that it also has the greatest number of fatal motorcycle accidents each year. Sadly, many motorists overlook motorcycles, which leads to many accidents. Whatever the situation may be, it is critical that you get adequately paid for your damages and injuries if you have been hurt in a motorcycle accident in Florida.
Nobody should manage a motorcycle accident case on their own. It may be a complicated and frightening procedure with unanticipated complications. The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of successful experience defending clients who have been involved in motorcycle accidents.
Please call us at (904) 398-1992 or fill out a fast and convenient form to schedule a free initial consultation with our aggressive motorcycle accident attorneys! We conduct consultations in Spanish too!
Our team of accident attorneys will be able to guide you through the important phases of an injury lawsuit and assist you throughout such process. Call us today!
The following are the major parties in a personal injury case:
Prior to filing a lawsuit, your attorney will send a demand letter to the defendant and/or his or her vehicle insurance company on your behalf. A demand letter is a letter demanding compensation for the damages you received from the motorcycle accident. Once the demand letter is sent, the negotiation process commences.
No more action is required if an agreement is reached, in which the defendant agrees to pay you a reasonable compensation for your damages. Negotiation can take from a month up to several months, depending on the severity of the damaged sought and cooperation from the opposing party and/or his or her insurance company.
An agreement can be reached at this point, which is preferable for all parties concerned. The defendant will want the matter settled fast, and we may be able to do it with the aid of our experienced and aggressive personal injury attorneys. You may be pressured into accepting an offer that does not reflect your injuries and losses if you do not have legal representation, thus, even after accounting for attorney’s fees, you are s better off having one fight for the compensation you deserve.
It is in the best interest of both parties to settle the case before taking the case to court. Filing a lawsuit involves filing fees and more proceedings to resolve the case; you also risk not receiving the compensation you require.
Our lawyers will be able to inform you when an offer is worth taking and when going to court is in your best interests. It is important to note that we will never accept or reject an offer before discussing it with you and obtaining your consent.
Should the parties involved not reach an agreement before the statute of limitations[1], your case will most likely be taken to court. With that being said, there are specific procedures and documents to file both parties and their attorneys must do.
Pleadings in a lawsuit are used to formally present allegations and defenses. The plaintiff is the first party to file a pleading, also known as the complaint.
In summary, the plaintiff will file a complaint in which the anticipated cause of action will be stated. Upon doing so, the defendant must file a response presenting their defense. Pleadings exist to inform the defendant that a lawsuit has been filed against them as well as to inform the plaintiff of the defendant's intentions about the litigation.
A licensed attorney produces this pleading. It lays forth the plaintiff's injuries and claims, as well as how the defendant is accountable for them. This document usually takes two weeks to prepare.
The defendant is typically allowed three weeks to file a response to the complaint (an answer) in a personal injury lawsuit. The defendant's defense against the plaintiff or any other party involved will be included in the answer, as well as any potential factual issues. If the answer contains a counterclaim or a third-party complaint, that party must likewise file an answer. If the defendant fails to file an answer, the court may impose a default judgment [2]against them.
During the lawsuit's discovery stage, the parties will exchange any relevant documents and information pertaining to the problems raised. Anyone who has a strong suspicion that they have been injured can initiate a case under Florida’s lenient discovery rules, even if they have no substantial evidence. Each side will issue a formal request for documents and interrogatories to the other (including written questions).
Some of this information will have to be requested specifically. This is something that our legal team at Nooney, Roberts, Hewett & Nowicki can assist you with. Plaintiffs, defendants, and key witnesses will be interviewed on record during their depositions[3].
This is a time-consuming procedure that can take months or even years to finish. Furthermore, because discovery procedures are rules are so complicated, it is usually preferable to have an attorney help you.
Motions (requests) can be filed by both the defendant and the plaintiff with the court. They may be spoken or written, but must be filed to the court in accordance with the applicable requirements.
A motion is a request to the court for a specific order or decision. Motions vary from case to case. Some entail extending deadlines (request to extend), while others may result in the lawsuit being dismissed entirely (motion to dismiss). Various motions can be filed during the motorcycle accident litigation, but only after the original complaint has been filed by you or your lawyer.
This is a lengthy procedure; any substantial motions must be filed six weeks before the trial.
Your case can have a trial in two different ways: a bench trial or a jury trial. A bench trial is when a case is tried by a judge and he or she will consider the facts and evidence to dispose of your case. A jury trial is a trial where your case and its arguments are presented to a panel of jurors and will decide who was at fault and what relief should be imposed.
In either trial, each party will submit evidence to support their position and refute accusations made against them throughout the trial. They might bring witnesses to testify about what had occurred at the motorcycle accident scene.
After each party has rested their case, the judge or jury will evaluate all of the evidence, deliberate, and render a decision in favor of the plaintiff(s) or defendant(s).
Only a small percentage of legal disputes result in a lawsuit, but if yours does, expect it to take some time to resolve. Your case might be tried by a bench or a jury. Please do not make the decision between a jury and a bench on your own. It is usually preferable to consult your attorney before making this decision, since it may be the most significant one you make.
Although a judge may have made his or her verdict, your case might not be over yet. All parties have the following options to take:
Once the trial is over, each party has nine weeks to submit post-trial motions. The motions may include requests for attorney's fees or expenses, as well as requests for the court to reconsider concerns brought before or during the trial. Under the right circumstances, you also may request for a new trial.
The losing party has the option of appealing to a higher court. It might take years for an appeal to be resolved, and judges hardly reconsider their rulings. It is, nevertheless, achievable with the appropriate counsel and the correct evidence.
Within 30 days of the ruling, you or your attorney must submit a notice of appeal with the court where the final judgement involving your motorcycle accident compensation was reached.
Having an attorney on your side is critical for knowing your post-trial options. Call us for a free consultation if you have any questions about your motorcycle accident claim.
Call Nooney, Roberts, Hewett & Nowicki Today!
Again, nobody should manage a motorcycle accident case on their own. It is a difficult procedure and handling it alone can lead to disappointing outcomes. The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of successful experience defending clients who have been involved in motorcycle accidents. Let us do the fighting for you. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive motorcycle accident attorneys! We conduct consultations in Spanish too!
[1] I would suggest hyperlinking “statute of limitations” to an article that addresses and explains it.
[2] I would also suggest hyperlinking “default judgment” to an article that defines it.
[3] Hyperlink “depositions” to the article I will write next week regarding the deposition process.
