TRIAL: WHAT YOU SHOULD EXPECT
I. When will your case be tried?
II. When are you notified of the trial?
III. What happens before the trial?
IV. Suppose you do not hear from us for some time.
V. Settlement.
VI. Trial.
VII. What happens after trial?
I. When will your case be tried?
If cases are not settled and suit must be filed, they are generally set for trial about twelve (12) or fourteen (14) months after suit is filed. The judge sets the date on which cases are to be tried; the lawyers have no control over this. The cases are usually set for trial when the judge decides that they are ready for trial and when the judge has time to hear the case.
Each judge sets about five (5) to seven (7) cases for trial every other month. If your case happens to be set at the top of the docket, and if the defendant has no good reason to get the case put off or "continued", you can expect to get your case tried as scheduled. If your case is toward the end of the docket, there is a chance it will be continued because, at most, only two or three of the cases can be tried in the one week set aside for trial. On the other hand, the fact that you are near the end of the docket does not necessarily mean that your case will not be tried on the date for which it is set. Quite frequently all of the cases set ahead of it will be settled or continued or otherwise disposed of and then your case can be tried.
If the case is continued from the date for which it is set for trial, it should come up again for trial within about two months.
II. When are you notified of the trial?
As soon as we receive the printed docket from the judge we notify you that your case is set for trial.
III. What happens before the trial.
The defendant may file what are called interrogatories, consisting of a number of questions about the case. You have to answer those questions within thirty (30) days. When we receive them, we will notify you to come in and answer them.
Also, the defendant may want to take your "deposition." This means that he can require you to appear at his attorney's office, or any place, for the purpose of giving your testimony before a court reporter. Of course, I will accompany you to the deposition.
If we find that we need additional information from you or have information we want you know about, we will write you. If you secure information in addition to what you have already given us, please communicate it to us in order that we may serve you to the extent of our ability. Also, you should KEEP ALL BILLS incurred as a result of the accident. You should advise us immediately of any ADDITIONAL WITNESSES you might discover. If you move or change your address or phone number, please inform us immediately, as it is necessary that we be able to reach you at all times.
IV. Suppose you do not hear from us for some time.
It may well occur that months will pass without our having any necessity or occasion to get in touch with you. In that case, do not get the impression that your case is not receiving our interest and attention. In Florida, it can take two (2) or three (3) years for a case to be set for trial. Sometimes, in spite of everything we can do, the case is postponed. In such event, all we can do is to see that we remain prepared so that the delay will not operate to your disadvantage.
One difference between the work of doctors and that of lawyers is this very thing. A doctor is working on your body and you are present when he is rendering his services and you can see what he is doing. Most of the work a lawyer does for you is done in his office or, in the preliminary stages, at the Courthouse when you are absent. For that reason and because everyone justifiably feels that his case is important, we send you this report for your information.
After the insurance company retains an attorney, it is possible a compromise settlement can be made. We legally cannot make a settlement, and have no wish to make a settlement, unless it meets with your approval and consent. If you are not satisfied with the settlement offer, you have a right to let the jury decide the case. By the same token, there is no way in which we can make a defendant settle the case. The defendant has a right to a trial if the defendant sees fit not to settle. It is well to have that in mind because haste and eagerness in the settlement are likely to cheapen the value of your case in the eyes of the defendant.
The intelligent evaluation and settlement of a case calls for legal services of just as high a degree of skill as the trial of a lawsuit, and often takes as much time if done properly.
One very important thing that you know is we do not ordinarily recommend that you make any settlement until your doctor can tell us what your final medical condition will be as a result of your injuries.
If the case has to be tried, do not consider it an ordeal or any reason to be afraid or embarrassed. Six of your neighbors in this county or district will sit on the jury. In giving your testimony, you will only be asked to tell what you know in a simple, straightforward manner. Almost everybody who goes through a trial is agreeable and pleasantly surprised that there is nothing bad about it.
VII. What happens after the trial.
If you win the case, the defendant can either pay the verdict or he can make a motion for a new trial, and if that is overruled, he can appeal. An appeal does not automatically entitle the appealing party to a new trial. The Appellate Court merely decides whether any errors were made during the trial and then either affirms or reverses the judgment of the Trial Court. We naturally expect to win your case. We would not have accepted your case if we did not think that you had a good case and are entitled to win.
In many years of representing plaintiffs (we do not represent any insurance companies) in lawsuits, we have found that the foregoing information is what most people usually want.
We appreciate the privilege of representing you in your case and we assure you that we shall do everything possible on your behalf. If you have any questions, please let us hear from you and be sure to let us know about any medical treatment you obtain.
