Accident attorneys, sometimes referred to as trial lawyers or litigators, represent plaintiffs who have suffered damages physically and otherwise due to the negligent or reckless actions of others. As well as plaintiff representation, some also represent defendants. They have the ability to handle all phases of the process from initial investigation, discovery, and settlement offer, to trial and appeal. When it concerns litigation, their tasks are based on the type of lawsuit and circumstances surrounding the accident.
An accident attorney Ft. Lauderdale FL professional typically conducts an initial claim investigation. This is to determine whether enough evidence exists for a successful lawsuit. The investigation process usually includes finding witnesses, taking statements, gathering essential documents, meeting with the client, and investigating all other relevant facts that are important. It is very common for personal injury lawyers to become engaged in settlement discussions with other parties to resolve the case prior to filing a lawsuit.
The litigation attorney drafts a variety of motions and pleadings on behalf of their client. Usually this includes a summons and complaint against the offending party. If the lawyer is defending someone, it’s their job to thoroughly investigate the allegations and formulate a response. Other drafts may include a motion to strike, change or dismiss venue, along with motions for judgment. There is also a discovery process. An injury lawyer uses a number of devices in order to gain information relevant to the case. This usually involves inspecting the accident scene and analyzing evidentiary material.
The Personal Injury Trial
The vast majority of lawsuits are settled out of court. Those that proceed to trial can be lengthy. The attorney is kept busy preparing the case. They must collaborate with clients and experts to formulate a trial theme, identify weaknesses and strengths, develop persuasive arguments, argue trial motions and prepare witnesses for testimony. An injury case can be presented in front of a judge or a jury. Both sides present statements, examine witnesses, and attempt to craft a persuasive argument.
Effective Settlement Techniques
Fortunately, most accident cases that involve personal injury are able to be settled through negotiations with the opposing party. This can also be a time consuming process. All sides participate in settlement and mediation conferences. Final settlement agreements, releases and other relevant materials are created and signed. An experienced accident attorney Ft. Lauderdale FL professional will attempt to obtain a maximum payout amount for their clients.