The Process for a Civil Suit in Florida From an Auto Accident
Automobile accidents fall under Florida's civil law of negligence. Negligence actions are the most common type of personal injury lawsuits and are used extensively in the accident context. A negligence lawsuit begins by filing a formal complaint in the county courthouse. From there, all defendants to the action must be properly served. The discovery phase follows, which gives all parties an opportunity to uncover evidence to be used in the trial. The parties will either agree upon a settlement amount or continue to trial, where a jury will render a verdict in favor of the plaintiff or defendant.
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Commencement of Suit
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Rule 1.050 of the Florida Rules of Civil Procedure expressly states that a civil action, such as a negligence action, is not considered commenced until a complaint or petition is filed in the local circuit court. The pleading must identify the full legal identify of the defendant or defendants being named in the suit. The pleading must also make short and plain statements of law and fact sufficient to inform the defendant of what he is being sued over. The pleading must be signed by the plaintiff and he must attest that everything set forth in the pleading is truthful.
Service of Process
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Rule 1.080 of the Florida Rules of Civil Procedure provides guidelines for litigants after the complaint has been filed. All papers filed in a civil case must also be served upon all parties to the case. Service is effectuated by mailing a copy of the complaint to the defendant, handing it to the defendant or his attorney, leaving the copy at the defendant's place of employment, faxing a copy to the defendant's attorney or the defendant's place of employment, or delivering a copy to the defendant's place of residence.
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Discovery
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The discovery phase is the point in the process where the plaintiff and defendant gather evidence for use in the upcoming trial. The Rules require the defendant and plaintiff to be open and candid in exchanging evidence with one another, with the exception of evidence excluded by the attorney-client privilege. The evidence must relate to the claim or defense. Discovery may be obtained by depositions, interrogatories, physical and mental evaluations, and requests for admission.
Settlement or Trial
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The vast majority of civil cases conclude with a settlement between the plaintiff and the defendant's insurance company. Settlement involves a negotiation process between the parties to the automobile accident lawsuit with the ultimate goal of agreeing on a dollar amount that the defendant is comfortable paying and the plaintiff is comfortable settling for. If a settlement cannot be reached, the case will continue to a trial. Both sides will be given the opportunity to present their evidence to a jury. The jury will decide whether the plaintiff should prevail and if so, will award a verdict amount congruent with the plaintiff's injuries.
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References
- Florida Rules of Civil Procedure; When Action Commenced; Florida Lawyers WWW Resource Center
- Sharmin Law; Sample Complaint; 2011
- Florida Rules of Civil Procedure; Service of Pleadings and Papers; Florida Lawyers WWW Resource Center
- Florida Rules of Civil Procedure; General Provisions Governing Discovery
- Florida Rules of Civil Procedure
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