Were you aware that filing an accident lawsuit can ensure you get compensated for your injuries?
Lawsuits exist to help those that have been wronged place financial responsibility on the parties at fault. Whenever you get into a bicycle accident because of someone else’s negligence, you can make them pay for any expenses that resulted from it.
Understanding how the accident lawsuit process is crucial if you’d like to do everything properly. While you can hire a bike accident attorney to assist you, it’s best to prepare to avoid confusion.
We’ll guide you through various steps of the accident lawsuit process to make things easier. This will let you spend less time researching and more time seeking compensation.
Read on to learn about what’s involved in a bike accident lawsuit!
File a Complaint and Receive a Response
A bike accident lawsuit starts with the plaintiff filing a complaint with the court. Within this complaint, the plaintiff will outline why they’re filing a lawsuit and include details of the accident.
The plaintiff will also request a base amount of money that they’re seeking to cover things like injuries and vehicle damages. A variety of things can affect how much a person thinks the defendant owes them. However, the amount is generally high, especially if they can’t work after the accident.
Shortly after the complaint is filed, the defendant will respond. In many cases, defendants will explain why they’re not wrong or point out things with which they don’t agree in the complaint.
Receive a Scheduling Order from the Judge
After filing a complaint, the next step of the bike accident lawsuit process is receiving a scheduling order from the judge. This is provided to both the plaintiff and defendant as it outlines what the lawsuit timeline will look like.
The scheduling order will show significant hearing dates. It’ll also show when certain documents must be submitted and when the trial will begin. Some judges will go as far as setting a certain time in which the two parties can start the discovery process.
Having the scheduling order will help you file everything properly. In South Florida, you can expect to have a bike accident lawyer simplify things for you.
Start the Discovery Process
With a bike accident lawyer, the plaintiff will enter the discovery process to gather as much information as possible. During this phase, both parties will request info from one another to form their cases.
During this time, parties won’t be able to acquire whatever information they’d like. Instead, the court will apply a set of rules to determine what type of information the parties can get. Many courts will prevent parties from withholding information, but this depends on who’s dealing with your case.
When it comes to a bicycle accident, it’s best to gather substantial evidence that shows exactly what happened to increase your odds of getting compensation.
Having a bike accident attorney makes this much easier because they can get eyewitness testimonies, images, and videos. Whether you live in Hillsborough Beach, FL or Boca Raton, FL, various cameras throughout the streets often record accidents.
Negotiate with the Defendant
Although it can take a long time to resolve a bike accident lawsuit, you can resolve things quicker by negotiating with the defendant. Negotiation often takes place before the discovery phase, but it can also happen after.
The main purpose of negotiating is to agree to settle before taking the case to trial. During this time, both parties and their lawyers will meet to discuss the accident and figure out what should happen.
The plaintiff will encourage the defendant to pay them without going to court, but defendants often avoid paying anything. The only thing that’ll ensure a defendant pays is showing them evidence that proves they were at fault.
Settling before going to trial allows the plaintiff to get compensation quicker. It also lets the defendant pay less than they would with a judge’s order, so it’s beneficial to negotiate as often as possible.
If you get into a bicycle crash and negotiate with the defendant, ensure that you show them how much the accident cost you. Things like medical expenses and proof of income will give them a good idea of how much they’ll have to pay.
Go to Trial and Receive a Decision
If negotiations fall through, you and your bike accident attorney can take the lawsuit to trial to let a judge decide what’ll happen. Providing that you have substantial evidence, you’ll most likely get fully compensated for everything.
In many cases, the defendant will also be ordered to pay your attorney fees. However, having a bike accident attorney that charges contingency fees would prevent you from paying anything if you lost the case.
When a judge orders the defendant to compensate you, you can expect to get enough to cover all medical expenses and bike damages. You can also get enough to substitute your income if you’re unable to work.
Now You’re Prepared for a Bike Accident Lawsuit
After reading this article, you now know all of the main steps that occur in an accident lawsuit. With this information, you can prepare for a bike accident lawsuit if you or someone you know has been hit by someone else.
When you’re ready to file a lawsuit, we encourage you to seek a bike accident attorney as soon as possible. The sooner you hire an attorney, the easier it’ll be to get compensation.
If you live in South Florida, contact us now to learn about how we can help your case!