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If you were involved in a West Palm Beach car accident as a pedestrian and your West Palm Beach car accident attorney must file a lawsuit, there are several things he/she will include in your complaint. Your attorney will first identify the plaintiff and defendant and then recite the facts of what happened including the date, time, and place of the accident. Your attorney will likely plead negligence on the part of the driver and then discuss your injuries and damages.
If your West Palm Beach auto accident attorney files a lawsuit in your car crash case, most likely the defense counsel will file a Request for Production of Documents, a discovery tool to gather facts and evidence about your accident. Some of the documents you might expect to be asked for include, but are not limited to the following: copies of hospital/health facilities and clinical reports, doctor/psychologist/therapist reports, medical billing statements for treatment, proof of payment for medical services, proof of damages not of a medical nature, statements of witnesses, police/accident/DMV reports, proof of loss of income, repair bills/estimates, cell phone records for the month of the accident.If you have been in a West Palm beach car accident, keep all documents related to your accident and injuries. Your attorney will know what will most likely be requested.
The plaintiff may serve a Request for Admissions upon the defendant asking them to answer certain questions within 30 days of service of the request. Failure to admit, deny, or otherwise state why defendant cannot answer to the truth of the statement(s), will deem the questions admitted without further Court order. Failure to admit the truth of a statement will allow the plaintiff's West Palm Beach car accident attorney to ask for attorney's fees and costs for having to prove the truth of the matter.
Such questions the plaintiff might consider asking are: whether the defendant's negligence caused the accident, that defendant's negligence was the proximate cause of the accident and the basis of the lawsuit at hand, that defendant owned the vehicle or had permission to use the vehicle at the time of the accident, that defendant was not paying attention to traffic conditions, medical expenses of the plaintiff, etc.
After a lawsuit is filed, discovery rules allow the Plaintiff to inquire about the type of insurance policy or policies available and the extent of coverage. However, before the implementation of Florida Statute 627.4137, insurance companies made it difficult to obtain this information without filing suit. Florida Statute 627.4137 requires insurance companies within 30 days of receiving a written request from the claimant, to provide certain information including:
the name of the insurer
the name of each insured
limits of liability coverage
a statement of policy/coverage defenses insurer reasonably believes are available
and a copy of the policy
Your Palm Beach County car accident lawyer should use this information to determine whi may be liable and the extent of coverage available to you. Insurers usually comply with this request because of potential bad faith exposure down the line