Plaintiff's Checklist of Activities Affected by West Palm Beach Car Accident Injury

Sometimes after a West Palm Beach car accident, a person who has sustained injuries will have difficulty with activities he/she used to have no problem performing.  Your West Palm Beach car accident attorney will probably give you a list of activities to evaluate your ability before and after your injuries.  They will also want to know what persons could testify as to your ability to perform the activities before and after the accident.  It is important to name persons who are objective, impartial, and have had the ability to see you both before and after the accident engage in the activities.

Some of the activities you might be asked about include: sports like football, basketball, aerobics, weight lifting, biking, walking, etc.; hobbies like sewing, knitting, fishing, reading, sailing, etc.; social activities like dancing, going out to eat or the movies, driving a car, going on cruises or to parties, etc.; emotional and physical problems, house chores, personal hygiene activities, any activities involving your children.

Palm Beach County Auto Accident Interrogatories

Discovery is a process in lawsuit which allows attorneys to seek and gather evidence and information relevant to proving your case in court.  One discovery tool used by West Palm Beach auto accident attorneys to gather information is through questions called interrogatories.  Interrogatories are questions answered under oath by the person to which the questions are directed usually the plaintiff or defendant.  

Some of the questions you might expect to see in a West Palm Beach car accident case are: name, age, spouse, social security number, address, employment info, any felony convictions for dishonesty or false statements, whether you made any recorded statements about the accident, experts and their opinions, under the influence of drugs/alcohol/meds at time of accident, insurance policy, what happened during the accident. 

Plaintiff's Checklist for Deposition in a West Palm Beach Car Accident Case

Your attorney should advise you and prepare you for your deposition prior to its scheduled time.  These are some of the things your attorney should advise you to do and not to do during a West Palm Beach car accident deposition.

Dress like you are going to court.  Be calm and polite. Never lose your temper with the opposing attorney.
Answer only the question being asked.  Never offer additional information not asked for.  It's the defense attorney's job to ask specific questions.  
If you cannot remember the answer to a questions, say so. Do not feel pressure to make up an answer.
If you do not understand a question, say so.
Do not exaggerate. Don't guess at speed, distance, time, and measurements. That's for experts.
If asked to draw a diagram of the accident scene, do so but explain it's to the best if your recollection and that you are not an expert.
Your attorney cannot help you during the deposition.  If there is a legal basis to object, your attorney will do so.
Review your medical history and think about the changes in your life since the accident.  
Most importantly, be HONEST AND TRUTHFUL.





 

Defendant's Deposition in a Florida Accident Case

There are specific questions your West Palm Beach car accident attorney will ask the defendant in your Florida automobile case during his/her deposition.  The following are some of the more general questions you could expect the defendant to answer:

Name, age, marital status, children
whether any documents were reviewed in preparation for the deposition
insurance info
whether there were any passengers
details about the collision (before and after)
description of the accident scene
witnesses
damage to the vehicle
post-collision activities
draw a diagram of the accident 

Defendant's Deposition in a West Palm Beach Automobile Accident Case

One person your West Palm Beach car accident attorney will most certainly want to depose is the defendant.  Some of the information your accident lawyer will seek from the defendant is: background info like name, age, spouse, children, whether any documents were reviewed before the depo, insurance policy info, whether there were any passengers in defendant' s car and who, the collision, activities before and after the accident, statements of any witnesses, description of the accident scene, witnesses, damages to vehicle, post-collision activities, and to draw a diagram of the accident scene.

West Palm Beach Deposition Outline for Defense Doctor/Independent Medical Exam Doctor

A deposition is yet another discovery tool used by a plaintiff's West Palm Beach car accident attorney to gather information which my be helpful in settlement negotiations or at trial.  In a deposition, the plaintiff's attorney ask one of the defense witnesses or some other person relevant to the case, a series of questions under oath.  These depositions are typically transcribed by a court reporter so that they may be used at trial to impeach a witness or damage their credibility on the witness stand.  The rules of evidence are more lenient; therefore, the attorney can ask questions that he/she might not otherwise be able to in court.  The insurance company is entitled to have the the plaintiff evaluated by their own doctor.  This process is called an independent medical examination. Some of the questions your attorney might ask the IME doctor at a deposition might include: background, board certification, specialty, surgeries, how many IME's performed, what percentage for Plaintiff and Defendant, how much charge for IMW, how much time spent with patient, was a report generated, who wrote the report, conclusions based on report, etc.

Request for Admissions in a West Palm Beach Car Accident Case

Another discovery tools used by West Palm Beach accident lawyers is the Request for Admissions.  This is where either side asks the other to admit or deny certain statements.  Responses are due within 30 days of the request date unless otherwise agreed to by the parties or ordered by the court. Some of the types of statements a plaintiff's attorney might ask the defendant to admit or deny are:

that the plaintiff incurred certain medical bills, that plaintiff had a loss of income as a result of injuries sustained in the car accident, plaintiff's car suffered certain damages, that defendant failed to stop at the red light, that plaintiff can no longer perform certain duties, etc.  Your West Palm Beach car accident lawyer will tailor your questions to your specific case facts but these are generally the types of information your attorney will be seeking. 

Request for Production of Documents in a West Palm Beach Automobile Accident Case

Once a lawsuit has been filed and the defendant has filed an answer to the complaint, the discovery process typically begins.  This is where the plaintiff and defendant ask each other for documents or things they believe are relevant to proving their case or to discover other material evidence that may be relevant.  The discovery process can be lengthy and tedious, but it is critical to proving your case. An example of some of the things a West Palm Beach plaintiff's accident attorney might ask for are:

photos of the cars involved in the accident, automobile policy of the defendant, the declarations page of the defendant's automobile policy,statements of witnesses, defendant's driving record,repair estimates for defendant's car, police reports, employment record of defendant, photos/videos of the accident scene taken subsequent to  the accident.  This is just a sample of the types of things a West Palm Beach car accident lawyer might request from the defendant.  Each side generally has 30 days to produce the documents requested unless otherwise agreed or ordered by the court.  

Direct Examination of Your Before and After Witnesses in a West Palm Beach Car Accident Case

One of the most critical elements of your case once it reaches trial is to elicit credible testimony from witnesses in your favor.  The objective with your before and after witnesses is to show the jury what you were like and what you were able to do before your West Palm Beach car accident in comparison to after.  Your West Palm Beach car accident lawyer will want to know the names of persons who knew you before and after the accident that can testify as to the changes you have undergone and the impact on your quality of life.  The best witnesses would be those who know you but are not necessarily your best friends such as a neighbor, coworker, or acquaintance from a social club,etc.  The credibility of your witnesses is crucial to persuading the jury of your damages and pain and suffering. Having a skilled West Palm Beach car accident lawyer to conduct and effective direct examination eliciting convincing testimony is critical as well.  

Direct Examination of Employers and Co-workers in Your West Palm Beach Car Accident Case

Oftentimes, persons injured in a car accident will injuries that affect their ability to work.  In order to determine, how a car accident has impacted your ability to earn a living, car accident lawyers will look for witnesses who knew you before the accident most likely your employer and co-workers. They will ask them questions about your work history prior to and after your West Palm Beach car accident, record of attendance before and after, pay rate, any physical problems or accommodations they have made for you, and whether they have observed any changes in you since the accident. 

Using an Accident Reconstruction Expert in Your West Palm Beach Car Accident Case

Sometimes it is necessary to hire an expert to assist the jury in understanding how a West Palm Beach car accident occurred or when the defendant and plaintiff do not agree as to how the accident happened.  Some of the questions you might ask of the other party's expert through formal discovery or interrogatories as they are called are:

1. name and educational background 
2. professional licenses
3. lectures, speeches, publications
4. prior court testimony
5. all contact the expert has had with the other side
6. whether there are other professionals assisting the expert
7. has the expert written a report

Your West Palm Beach accident attorney will determine whether you need an expert in your case. A good expert can make or break your case depending upon who he/she is testifying for.  An experienced  West Palm Beach car accident lawyer will do his/her homework and look closely at their experts and the opposing party's experts to determine their strengths and weaknesses as they relate to your accident case. 

West Palm Beach Auto Accident Client Questionnaire

Whenever you have been involved in a West Palm Beach car accident, you should immediately consuly with an experienced car accident litigation lawyer.  He/she will need a lot of information about your accident particularly if you were injured.  The following is some of the information an attorney will need from you in order to effectively represent you against the defendant and his insurance carrier usually:

Date of the accident/Week
Time
Weather conditions
Location
Where were you going, number of times driven that route
how the accident happened
distances, speed, conditions on road and weather, defects
visual obstructions
speak with other driver
statements as to fault
police investigation/reports/statements
who called the police
witnesses/names/addresses
defendant's insurance
your insurance
speak with defendant's insurance company/statements
photos of vehicle
repairs
any medications you were on or alcohol or drug use
injuries
employment
lost wages
medical bills

This is just a sampling of the type of information your West Palm Beach accident attorney will need to work your case.

West Palm Beach Car Accident Expert Witness

Often in car accident litigation, attorneys must call expert witnesses to testify at a trial.  Some of the information that is important when choosing an expert is the following:

Name
address
education
course and curriculum
All degrees and teaching positions
licenses and certifications
employment (duties)
names and identification of employers
consulting work (attorneys, government, regulatory agencies, etc.)
publications. studies, reports
seminars/lectures
professional memberships (offices and honors)
awards, prior court experience
fees and references

It is important to have this information to qualify your witness as an expert and to foresee how the defense is going to attempt to discredit your expert.

Palm Beach County Car Accident--Loss of Consortium Complaint

A loss of consortium claim is brought by the plaintiff and his/her spouse . The complaint usually identifies the plainitiff, the plaintiff's spouse, the defendant and sets forth the court's jurisdiction.  It then pleads in Count I for negligence and establishes the facts setting forth the plaintiff's injuries and why the defendant is responsible and that the plaintiff has suffered damages as a result.  COunt II is the loss of consortium claim and sets forth the facts of why the plaintiff and his/her spouse are entitled to damages for lost care, society, consortium, companionship and services o f the spouse.  An experiences West Palm Beach car accident attorney will consult with you and your spouse regarding a potential loss of consortium claim and advise you as to what information he/she will need from you to defend the claim.

West Palm Beach Auto Accident Complaint

In your West Palm Beach auto accident complaint, the plaintiff and all defendants are identified first.  Jurisdiction is then pled and then all Counts against all defendants are laid out by describing the events that led to the plaintiff's injuries, why the defendants are resposnible and owed the plaintiff a duty of reasonable care and how that duty was breached leading the the plaintiff's injuries.  The plaintiff's damages are then articulated.

Palm Beach County Auto Accident Closed Head Injury Complaint

A complaint should first identify the plaintiff and defendant and set forth that the court has jurisdicition over the amount in controversy.  The facts leading to the plaintiff's injuries should then be laid out and it should establish why the defendant owed the plaintiff the duty of reasonable care, how the defendant breached that duty, and that the defendant was the direct and proximate cause of the plaintiff's injuries.  The plaintiff's injuries should then be describes, usually cervical and lumbar spine injuries, and the damages the plaintiff has suffered (medical treatment and bills, loss of earning capacity, lost wages, all past and future should be calculated) and then a prayer for attorneys fees and costs.

West Palm Beach Car Accident Wrongful Death Complaint

In a West Palm Beach wrongful death case, the plaintiff is usually the heir of the decedent's estate or the administrator of the estate. The complaint should identify the plaintiff and defendant and establish the court's jurisdiction.  Then it should set forth in detail the circumstances leading to the wrongful death and why the defendant is responsible or rather was negligent in causing the person's death.  There is then a prayer for damages (statutory and pecuniary), pain and suffering, and a prayer for interest, costs and attorneys fees.

West Palm Beach Auto Accident Whiplash Complaint

The first thing you should do in a complaint id identify the plaintiff and defendant and set forth the Court's jurisdiction over the case.  Then the facts leading to the injury should be laid out so as to establish why the defendant is responsible and how he/she failed to exercise reasonable care and that the defendant breached his/her duty to the plaintiff which resulted in the plaintiff's injuries and that the defendant was the direct and proximate cause of the injuries.  Then describe the plaintiff's injuries and damages such as medical care, lost wages and earning capacity, medical treatment, and any other damages specific to the plaintiff. A skilled West Palm Beach car accident lawyer will know how to properly draft your complaint to insure maximum recovery for your injuries.

Plaintiff to Defendant Interrogatories in a West Palm Beach Car Wreck Case

Interrogatories are another tool used by attorneys to gather evidence.  Interrogatories are questions to the other party that must be answered or explained under oath and the number you may direct to the other party are usually limited by the rules of procedure unless you get permission from the court to exceed that number.  A plaintiff in a West Palm Beach car accident case, might ask the defendant some of the following questions: name, address,type of car own, make model, year, mileage, money paid for the car, whether it was inspected, what damage occurred to the car during the accident, estimates or repairs to the car, compensation for injuries, identification of expert witnesses to testify for the defendant at trial.  A skilled West Palm Beach car accident lawyer will know which questions to ask the defendant in your case to narrow the issues for trial and attempt to lock the defendant into their answers at trial.

West Palm Beach Car Accident Complaint--Common Carrier

Each car accident case is unique and has its own set of facts and circumstances; however, when filing a complaint in court against the other party, there are typically common criteria that must be included to avoid having the complaint dismissed.  The complaint should include the name of the plaintiff and defendant, that the amount in controversy exceeds the jurisdictional limits of the court, the facts setting forth the plaintiff's injury, that the defendant had a duty to the plaintiff and that the duty was breached and because of the breach the plaintiff suffered injury and will continue to suffer and accumulate medical bills and lost wages.  In general, it is a good idea not to plead to specifically and only put enough information in your complaint so as to avoid having it dismissed.

Request for Admissions in Your West Palm Beach Car Accident Case

A Request for Admissions is a discovery tool used by attorneys to gather evidence and narrow the focus and issues in a trial.  A Request for Admissions may ask the defendant to authenticate certain documents or to admit to the truthfulness of certain statements.  You might ask the defendant to admit to the police report or whether he owned the vehicle which caused the crash or whether he had permission to use the vehicle.  Your West Palm Beach car accident lawyer will determine whether this particular discovery tool will be useful in your  case.

West Palm Beach Car Accident Request for Admissions

Either party in a West Palm Beach car accident lawsuit may request documents from the other party to be received within 30 days of the request for review, inspection, or copying.  Such a request could include documents showing damage to your vehicle, estimates, repairs, bills, etc. You may also be asked for medical bills proving injuries and payments for those, along with evidence of lost wages. What you are asked to produce is largely based on the relief you are seeking from the defendant. A good West Palm Beach car accident attorney can assist you in responding to such a request and will know which documents the defendant is entitled to have and which ones to raise objections.  

Plaintiff's Request for Admissions in a West Palm Beach Car Accident Collision

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. 

Inspecting the Premises in a Palm Beach County Car Accident Case

Either the plaintiff or defendant may request that the Court issue an order allowing them to the enter the premises of the other party to examine the motor vehicle which is the subject of the complaint and which was involved in the accident. The request may also ask that an expert witness and other agents of the plaintiff or defendant be allowed present at the inspection to photograph or examine the vehicle involved in the West Palm Beach car accident.

Request for Admissions in Your West Palm Beach Rear-End Collision Car Accident Case

Discovery is an important tool in litigation used to collect evidence that may be presented to the Court or a jury at a trial or during settlement negotiations in your West Palm Beach car accident case. One such tool is a Request for Admissions which asks either the plaintiff or defendant to admit the truth of certain statements usually within 30 days of service of the request.  Such statements might include the date of the accident, who was driving, whether there were any visual obstructions, whether the defendant could stop without hitting plaintiff's car, that defendant failed to stop or apply brakes soon enough to  avoid hitting plaintiff's car, not enough distance between the two cars to avoid collision, etc.
Having a reputable West Palm Beach car accident trial attorney is critical not only for gathering discovery but responding to it as well.  Remember, the other side is typically an insurance agency that does not want to give up money easily, so they will propound discovery upon the plaintiff as well.