Did yous know that almost 97% of all civil cases litigated inwards the U.S.A. of America never larn to trial? Whether the cases settle or are dismissed past times the judge, it is rare that an attorney volition stand upwards earlier both a guess too jury to attempt your case. Accordingly, what is the role of a guess inwards a Florida personal injury case if most matters are settled betwixt the parties?
Like most states, Florida courts are divided into the following levels, listed from highest to lowest:
- One Supreme Court;
- Five District Courts of Appeals;
- Twenty Circuit Courts;
- Sixty-seven County Courts, and
- Drug too Juvenile Courts, which are especial judicial divisions.
The County too Circuit courts are known every bit “trial courts,” important that they are where litigation is initially filed too litigated to conclusion. The District Court of Appeals too Supreme Court are appellate courts, where the losing political party tin file an appeal from the determination of the trial court. The commencement appeal is filed inwards the district courtroom of appeals, too the losing political party on appeal may petition the Florida Supreme Court for review. Personal injury litigation inwards Florida is mostly filed inwards the Florida county courtroom for the district inwards which the injury occurred or where the accused lives. So if the injury occurred inwards Hillsborough County, the personal injury activity would locomote filed inwards the 13th circuit.
Personal Injury Threshold inwards Florida
If yous were injured inwards a motorcar accident, because Florida is a “no-fault” state, yous may locomote prohibited from filing litigation if your injuries practise non encounter Florida’s personal injury “threshold.” Under Florida’s personal injury liability law, yous cannot locomote sued for another’s personal injuries, fifty-fifty if yous caused the motorcar accident, unless those injuries are higher upwards a for certain medical threshold. Such “thresholds” are mostly exclusively applicable inwards no-fault states such every bit Florida, where drivers are required to behaviour $10,000 inwards personal injury coverage to pay for medical expenses that arise out of motorcar accidents.
Because the circuit courts inwards Florida are inundated amongst personal injury claims from motorcar accidents, the no-fault police trace is designed to cut down litigation past times “guaranteeing” yous to a greater extent than or less cast of compensation regardless of who is at fault for the accident. As a result, if yous wishing to recover damages beyond mere economical damages, e.g., medical bills, lost wages, too transportation expenses, your injury has to encounter “threshold.”
- Significant too permanent loss of an of import bodily function;
- Permanent injury inside a reasonable marking of medical probability;
- Significant too permanent scarring or disfigurement, and
- Death.
Although yous tin file litigation without commencement proving that your injuries encounter the threshold, the accused inwards a personal injury case may file a displace early inwards the litigation quest the guess to dismiss your example because your injuries practise non encounter this standard. After submitting medical evidence, the guess volition receive got to determine whether the threshold is met too the litigation tin larn forward.
Litigating a Personal Injury Claim
When yous seek the assistance of an attorney later suffering from personal injuries, your attorney volition mostly file a claim for personal injuries amongst the defendant’s insurance company, if at that topographic point is one. The insurance companionship may investigate the matter, too your attorney volition submit medical testify on your behalf depicting your injuries. Depending on the limits of the insurance policy too the nature of your injuries, your attorney may locomote able to settle your example without the demand to file a example inwards Florida’s courtroom system.
However, if the accused did non receive got an insurance policy, too your injuries are hence severe that the insurance limits volition non serve to compensate you, or the companionship refuses to settle, your attorney may receive got to file litigation on your behalf. This starts amongst filing a complaint, which literally complains to the courtroom nigh your injuries. The accused volition too hence response to the complaint, too yous volition larn into the “discovery” stage of litigation. This is the longest stage of the process, every bit the parties volition central too review evidentiary information. At this point, the parties may laid about to file dissimilar “motions,” or arguments to locomote reviewed too decided past times the guess on dissimilar issues. Such motions tin include quest the guess to dismiss the example because it is non valid or quest the guess to brand a determination on the testify because it is hence clear that the accused is liable at that topographic point is no demand to convey the example to a jury.
Judge v. Jury
Generally, if your example goes to trial, the guess acts every bit the decider of law, hence if the inquiry presented to the courtroom is 1 of how Florida police trace should locomote interpreted or applied, it is decided past times the judge. The jury, however, acts every bit the trier of fact, important that if the inquiry is whether the accused rear-ended yous or whether yous suffered for certain injuries, the jury decides who is right too the sum of damages that should locomote awarded to you. The U.S.A. of America Constitution guarantees yous the right to a jury trial for civil matters, however, yous are permitted to waive this right too elect to receive got the guess human activity every bit a jury would.
Post-Trial too Appeal Process
After the jury makes its decision, the guess may receive got the potency to measuring inwards too override the jury if its determination is clearly against the testify presented. However, the guess may also determine that an laurels sum is either likewise high or likewise depression too inquire the parties to concord to convey a reduction or an increase inwards amount. If either 1 or to a greater extent than of the parties disagree amongst the determination of the guess or jury, they may locomote permitted to appeal that decision. The appellate courtroom may uphold, overturn, or remand the number on appeal, too yous may fifty-fifty receive got to receive got to a greater extent than or less other trial.
Contact a Clearwater Personal Injury Attorney Today
The Dolman Law Group can assist guide yous through the Florida litigation procedure to ensure yous larn the compensation yous deserve for your personal injuries. Their attorneys are your premier personal injury lawyers inwards the greater Tampa Bay area, too they are hither to create practise for you. Contact them today at (727) 451-6900 for a free, no-risk consultation nigh your motorcar accident.
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