The Pre-Trial Stages of a Florida Personal Injury Lawsuit

Many people often underestimate the complexity of Florida personal injury lawsuits. Even the most straightforward civil lawsuits require plaintiffs to abide by strict procedural and substantive laws. The failure to meet the demanding standards may result in a dismissal and waiver of recovery. As such, injury victims should contact a skilled attorney to preserve their rights and fully understand their potential remedies.

Some of the most critical procedural requirements occur before or at the onset of a civil trial. The first step to a Florida personal injury lawsuit is the pleadings stage. Pleadings are filings that assert the plaintiff’s allegations, causes of actions, and the defendant’s responses to the allegations. This stage includes the complaint, answer, responsive motions, counterclaims, cross claims and third-party claims, and amendments. The term “pleadings” is more technical and narrow than it may appear. The scope is particularly relevant during certain litigation stages, such as the motions to dismiss. During this stage, the parties may not present, and the court cannot consider, evidence outside of the pleadings.

After pleadings, courts will often move to pretrial conference scheduling. This stage aims to simplify the trial by scheduling case management conferences between the parties to discuss experts, amendments, and other litigation issues. Discovery, discovery methods, protective orders, and sanctions occur at this stage.

Civil actions often face dismissal before a case even begins. During this stage, the parties may undergo settlement discussions, and courts may dismiss specific claims or the entire case. The dismissal may be voluntary, involuntary, or the result of summary judgment. For example, recently, a Florida court affirmed a summary judgment motion in favor of a defendant for the plaintiff’s failure to fully and appropriately plead their complaints.

Finally, before trial, the parties may engage in non-judicial methods to resolve their claims. During this stage, the parties may enter into court-ordered or voluntary alternative dispute resolution proceedings. This stage typically includes mediations, arbitrations, and settlements. Each stage has its own set of rules, limitations, and repercussions. As such, it is important that plaintiffs obtain legal representation during this time to maintain their ability to recover sufficient damages.

Have You Suffered Injuries in a Florida Accident?

If you or someone you love has suffered injuries or died because of another’s negligence, you should contact the attorneys at the Law Offices of Robert Dixon. The attorneys at our law firm have extensive experience handling complex civil lawsuits. We handle cases stemming from Florida car accidents, medical malpractice, nursing home abuse, premises liability, and product liability. We understand the critical role that every stage of litigation entails, and we make sure that we provide our clients with excellent representation during the entire life of their lawsuit. We have successfully recovered substantial settlements and jury awards on behalf of Florida injury victims through our dedicated representation. Compensation in these cases typically include payments for medical expenses, ongoing treatment, lost wages and benefits, pain and suffering, and funeral and burial expenses. Contact our law firm at 877-499-4878, to schedule a free initial consultation with an attorney on our team.

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