When someone has filed a claim, it means that they have notified the court that there is a case in controversy between two parties. To do this, an individual has to put their complaint in the courts’ register and notify the other individuals involved that there is a case against them. If you require professional assistance in filing a car accident case in St Petersburg, do not hesitate to reach out to a dedicated injury attorney for help. A skilled lawyer can help to guide you through the process so that your rights are protected and you can instead focus your energies on your own medical recovery. Read on to learn more about what goes into filing a car accident case in St Petersburg, as well as the ways a professional attorney could potentially make a difference in your case today.
Beginning the Case Process
When filing a car accident case in St Petersburg, the plaintiff has to set forth statutorily or common law causes of action, which are the complaints and the claims or loses that someone is allowed to bring. When someone does that, they are obligated to raise the causes of action pursuant to the legal elements that each one of those causes of action has described them. That individual then has to put all of that in what is called a complaint pursuant to the rules, and after it gets filed with the clerk’s office, a case number is generated. That plaintiff is then obligated to serve that complaint and other documents such as a translation, any civil cover sheet, to the parties involved in the case, and that way they know that they are being sued. This is how a case begins.
What Constitutes a Viable Claim
In order for a case to be viable, the plaintiff has to prove the basic elements of negligence for the car accident. These include the elements necessary to sustain whatever additional cause of action they may have. A plaintiff may have other legal causes of action against somebody, such as vicarious liability and negligent entrustment. In these instances, they have to make sure that they plead all of the elements and the facts of the case that demonstrate those elements.
Florida’s Car Accident Courts
There are three courts that have jurisdiction in Florida for car accidents. The small claims court takes claims for less than $5,000. There are county courts which take claims of values exceeding $5,000 but less than $15,000, and then there is the circuit court which takes claims over $15,000. The only other option is that if a plaintiff has the necessary jurisdictional elements they can file the case in federal court, but they would have to exceed $75,000 in damages and own what is called diversity citizenship, meaning that the individuals involved in the car accident were from different states.
Gathering Evidence Before a Trial
Before filing an action, an experienced injury attorney is going to gather whatever evidence exists that supports a cause of action. They will gather medical records, estimates for the vehicles, lost wages, and find out as much information about the defendant as possible. Were they driving for their employment? Were they driving somebody else’s car? Do they have a history of bad driving habits? All of those things will dictate the causes of action which can be raised against individual parties and also help them have as many claims as possible so they have the best chance of recovering under different theories of liability.
Consider reaching out to an attorney experienced in filing a car accident case in St Petersburg today to start litigating your case.
Importance of Retaining an Accomplished Lawyer
A person has the right to file a claim by themselves, however, it is recommended to obtain a seasoned attorney. Someone who does not hire a lawyer is risking their claim getting denied or they will not be able to receive the damages they deserve.
Lawyers know the system and understand how to get things done. An experienced lawyer also has contacts within the system that allows them to get things accomplished within a reasonable amount of time. Furthermore, the lawyers know the people that are involved in the process, which includes the judges, the clerks, the lawyers on the other side which is important. If you are considering filing a car accident case in St. Petersburg, first call a lawyer who can review your case and help you get the compensation you need.