How to Prepare for a Car Accident Trial in Florida

You’ve had a car accident and you’ve provided notice to the insurance companies involved, worked with your attorney to provide evidence from the crash, and your handed over bills related to your injuries and property damage. Claims adjusters investigated, presented you with an unacceptable offer, and settlement negotiations went nowhere.

What’s the next step? It’s time to prepare for trial. If the insurance company won’t give you a fair and reasonable settlement of your claim so that you are fully compensated for your damages, you’ll have to ask a court to do so.

This option is available if you suffered serious injuries that cost more than your PIP (personal injury protection) and the other driver’s PDL (property damage liability) coverage can pay. You may also be entitled to punitive damages (compensation given to punish bad behavior) if the other driver acted in a reckless, egregious, or malicious manner.

The good news is that with David I. Fuchs, Injury & Accident Lawyer, P.A. on your case, you don’t have to figure out how to navigate the civil court system in Florida. A personal injury lawyer with more than 30 years of experience, Attorney Fuchs will take care of filing your case, providing notice to the other party, and then arguing the case on your behalf. To do this, you’ll need to help him prepare.

What Your Attorney Can Do

No one should spend their recovery sweating over legal documents and under pressure from insurance companies. Working with an attorney can take away the stress of a lawsuit and help your case fight through denials and delays.

Your attorney will prepare for negotiations or your court date by filing paperwork and reading your legal documents. A Fort Lauderdale car accident lawyer will take care of organizing your case. With our firm, you’ll have an experienced lawyer to communicate with doctors and witnesses, collect evidence to present to the court, examine the scene of the accident, and prepare statements.

What to Expect When Preparing for Trial

Your car accident may be the first time you’ve dealt with the civil judicial system. That’s why it is important to not go it alone if you need to file a lawsuit related to your crash. An experienced attorney can handle your case while you focus on healing and getting your life back.


The first thing to expect when preparing for trial is to participate in discovery. Discovery is the legal term used for the period that parties to a lawsuit get to gather evidence for trial. Items that will be part of discovery include:

  • Accident report
  • Medical bills and receipts for expenses related to getting care
  • Witness statements
  • Medical records
  • Employment records (for your amount of time missed, wages, employer of record for the defendant)
  • Pictures or videos of the accident site
  • Pictures or videos of physical injuries and property damage
  • Car repair estimates

Much of the above list your attorney may already have obtained when in settlement negotiations. But formal “discovery requests” will be sent to the opposing parties (and you will receive them from the other side as well) asking again for any relevant documents.

In addition to document requests, your attorney may set up depositions, send requests for admissions, and interrogatories during the discovery phase. Let’s review those terms as you may be unfamiliar with them:

  • Deposition: a sworn interview process where counsel can ask questions of the party being deposed. For example, the other driver will likely be deposed by your counsel. You will be deposed by opposing counsel. Depositions are used to get your statements on the record and assess how strong the claim or defense is. If you receive a deposition notice, your attorney prepares you in advance for what to expect and gives the rules under which depositions occur.
  • Requests for Admissions: a set of written statements in which the parties are asked to “admit or deny” them. These can help find the areas where there is agreement as to the facts.
  • Interrogatories: a set of questions in which the parties are asked for written answers. These can be used later for follow up questions in deposition.

Along with these tools of discovery, your attorney may work with you on an affidavit in which you swear to the facts as you know them. He may also seek experts to testify on your behalf regarding accident reconstruction, vehicle damage, and physical injuries.

The important thing to remember is that with an experienced Florida personal injury attorney on your side, your case will be prepared to get the best possible outcome at trial.


Once the discovery has ended, if there remains no settlement, the matter will be in pre-trial phase. During this time, your attorney will work on any motions to be submitted prior to the trial date and on responses to motions from the other side. For example, it isn’t unusual for parties to file motions for summary judgment (asking the court to find that the other party has no case).

Both sides will also exchange witness lists and there may be motions in limine, which ask the court for an order or ruling limiting or preventing certain evidence.

Should it appear you will go to trial on the matter, you will be prepared by your attorney to testify. He will walk you through what to expect in his questions and what you may face in cross-examination, when the other side gets to ask you questions.

The Trial Itself

If your case goes to court, your attorney will make the necessary preparations and communicate to you what needs to be done for court. First, your attorney will ensure that your court date is appropriate. They will research the judge and build their case. Depending on whether your case goes to the county courts or the circuit courts, your attorney may have more or less work to do. Your case will go before the county courts if your total damages are less than $30,000. If your claims are more than $30,000, you will go before a circuit court.

Next, your attorney will arrange to have witnesses and testimony ready for the trial. This may include having your doctor or an expert witness testify on your behalf. Your attorney will also collect necessary evidence, build a narrative for your trial, and draft up opening statements or questions for witnesses.

Your attorney will also communicate expectations for the trial with you and discuss a strategy for presenting your case.

A Skilled Attorney Can Help You Prepare for Trial in Florida

Even in pre-trial, the parties are often trying to resolve the matter so that a trial is unnecessary. If the matter isn’t settled, David I. Fuchs will go to court, show evidence that the defendant is liable, and ask the judge (or jury) to award you the maximum compensation allowed by law.

Client Testimonials

“…the settlement I received was much higher than anticipated”

Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

Sean O.
Google Review
“Not only did I get the medical attention I needed but I was compensated handsomely.”

It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

Giovanni G.
Google Review
“…they didn’t settle for anything and my boyfriend and I got what we deserved.”

I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

Sheila N.
Google Review
“Best lawyer in Broward County”
Evans P.
Google Review
“Mr. Fuchs and his staff were very helpful.”

I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

Velouse G.
Google Review
“Mr. Fuchs is one of the hardest working attorneys that I know.”

Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

Libby E.
Google Review
“I would definitely refer to this firm as the go-to Florida personal injury gurus.”

At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

Donna M.
Google Review
“They have a wonderful team.”

…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

Nicholas G.
Google Review
“My experience with David Fuchs was awesome.”

I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

Yvette W.
Google Review
“This is a great law office.”

The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

Jonathan Z.
Google Review
“Never did I imagine myself getting into an accident.”

It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

Sade P.
Google Review
“They helped tremendously!”

I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

A Boone
Google Review
“I highly recommend this man.”

A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

N. Hit
Google Review
“He was able to settle my case with little to no trouble and did so in a very professional manner.”

David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

Samantha D.
Google Review
“…all went good and successful. thank you so much for all your help.”

I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.

Karen G.
Google Review
“Very professional. Had no problems with communication”
Zuberi L.
Google Review
“He was there every time I called and got me a great settlement.”

I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

Joan K.
Google Review
“My settlement was fast, fair and professionally handled.”

Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

Willie M.
Google Review
“A+++++ recommended.”

I want to thank the office of David Fuch’s. A+++++ recommended.

J. Hernandez
Google Review
“I could not have asked for a better team by my side.”

They were very helpful. I could not have asked for a better team by my side.

S. Rodriguez
Google Review
“They got me my settlement pretty quickly and worked hard on my case for me.”

I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

Pastor D.
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