South Florida Personal Injury Blog

Broward accident lawyer Andrew Alitowski finds that one of the most common reasons potential plaintiffs are reluctant to pursue their claims in court is because the system is complicated and they have concerns about the cost and the outcome. This article is intended to outline how most personal injury lawsuits work.

In order to pursue a legal claim, it is almost always in the plaintiff’s best interest to hire an experienced personal injury attorney to represent him. This saves headache and insures that the best legal arguments are presented. Fort Lauderdale injury attorney Alitowski is familiar with the ins and outs of discovery and civil procedure, for example, whereas most clients are not because they work in different fields. An attorney can also provide advice on how strong a claim is, if a settlement offer is good, how to obtain the necessary documentation to prove your claim, and a multitude of other issues that arise during litigation.

Broward accident attorney Alitowski says that the first step is to determine if the potential defendant is solvent: that is, can they afford to pay out a claim if the lawsuit is successful. Whether the defendant has insurance is a major consideration, as is which parties can be sued. Suing a government agency is different than suing a private business, which is different than suing an individual citizen.

The attorney files the lawsuit and lays out the allegation against the defendant. He also prepares evidence, such as documents, testimony (depositions), and other information to prove the claim. In most cases, he will have settlement conferences with the defendant’s lawyer. For example, if you file a lawsuit against the driver of a car who injured you in an accident and her insurance company, your attorney would likely meet with the representatives of the insurance company to negotiate a possible settlement. Settlements are often beneficial for both parties because the insurance company minimizes the risk – a very large verdict – while the plaintiff minimizes his risk by ensuring that he does not go to trial and face the possibility of losing.

For cases that go to trial, the injury lawyer will prepare extensively to argue about evidence, case law, statutes, and how the law and facts are in your favor. He will elicit testimony to prove that the defendant was at fault, cross-examine the defendant’s witnesses, and give an opening statement and closing argument to the judge or jury.