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What steps do I need to take if I am being sued for personal injury in Florida?

Picture of Chris Battis By   ·  1 minute read

If you are being sued for personal injury in Florida, there are several steps you should take:

  1. Contact an experienced personal injury defense attorney: Personal injury cases can be complicated and stressful, so it is crucial to hire an attorney who specializes in this area of law. An experienced attorney can help you understand your legal rights, assess the strength of the plaintiff’s case, and develop an effective defense strategy.
  2. Gather evidence: The plaintiff will likely provide evidence to support their claim, so it is essential to gather evidence that shows why you are not responsible for their injuries. This can include witness statements, surveillance footage, medical records, and other relevant documents.
  3. File a response: You must file a written response to the lawsuit within 20 days of being served with the complaint. Failure to do so can result in a default judgment against you.
  4. Attend mediation: Most personal injury cases go to mediation, which is a form of alternate dispute resolution. At mediation, a neutral third party will attempt to help the parties reach a settlement. It is essential to attend mediation and take it seriously, as a settlement can often be less costly and time-consuming than going to trial.
  5. Prepare for trial: If mediation is unsuccessful, the case will proceed to trial. You and your attorney will need to prepare by gathering evidence, interviewing witnesses, and developing a convincing argument.

It is crucial to note that Florida has a comparative negligence law, which means that if the plaintiff was partly responsible for their injuries, your liability may be reduced accordingly. However, if you are found to be more than 50% responsible for the plaintiff’s injuries, you may not be able to recover anything.

In summary, if you are being sued for personal injury in Florida, it is essential to hire an experienced attorney, gather evidence, file a response, attend mediation, and prepare for trial. Additionally, be aware of Florida’s comparative negligence law and how it may impact your case.