Answer: Only 3 percent of all car accident claims go to court. The other 95 percent of car accident lawsuits reach a settlement before trial. So, if you’re worried about going to court for your car accident claim, you can rest easier knowing that with an experienced lawyer handling your case, you’ll likely settle your car accident case out of court.
Taking a personal injury case to court is often the best way to maximize the compensation you are entitled to. Your insurance policy may not be sufficient to fully cover your injuries if you were involved in a catastrophic accident. Florida’s liability laws are different than other states because Florida is a no-fault state. However, even in no-fault states like Florida, you may still be able to take the case to court and seek full compensation.
Florida auto accident lawyer Prosper Shaked can help you understand the value of your case and work to get you the settlement or award you deserve. Even if your case does go to trial, you can rest easier knowing you have an experienced litigator in your corner. Call our law offices today for a free consultation on your car accident claim.
Can You Sue for Car Crashes in Florida?
Florida sees fewer car accident lawsuits than many states because of its “no-fault” car accident rules. Every insurance policy in Florida is required under state law to be a “no-fault” policy. This means that when you are involved in a car crash, your first claim might be through your own insurance rather than the at-fault driver’s insurance. Your no-fault insurance’s personal injury protection (PIP) is a type of first-party benefit paid by your insurance company when you are injured in a car accident.
States without no-fault rules often see the at-fault driver’s insurance paying the victim for their injuries. If you decide to file through insurance and your injuries are worth more than your policy’s PIP can cover, the at-fault driver’s insurance kicks in to cover additional damages.
You can only take your car crash case to court in Florida if you meet certain thresholds. In an attempt to drive down the number of lawsuits for car crashes, state lawmakers block lawsuits for minor cases. To get your case to court, you must face $10,000 worth of medical bills and lost wages or suffer ” serious ” injuries under Florida’s legal definition. This usually covers severe injuries that cause permanent disabilities, intense scarring, and cases involving wrongful death, paralysis, or other serious harm.
Your insurance might cover more than $10,000 worth of injuries, meaning you could have even severe injuries covered. However, your insurance might not pay you 100% of the damages you deserve. Many insurance policies only cover a percentage of medical bills and lost income, preventing you from recovering the full damages you could be entitled to in court. In addition, insurance tends not to cover pain and suffering damages for victims. Because of this, you should always discuss your car accident claim with an experienced car accident lawyer before accepting an insurance payout.
Should I Settle My Car Accident Claim?
If you file a car accident lawsuit, you may be pressured to accept a settlement for your damages. When you sue for personal injury, the at-fault party’s attorney or insurance company will want to reduce the money their client has to pay for the injuries they caused you. One strategy for doing this is offering you a settlement that might be lower than you would receive at trial. While an early settlement saves both sides from the attorney’s fees and court costs of taking a case through trial, these low offers might not be enough.
Never accept a settlement offer without first consulting an experienced Florida car accident lawyer. Many settlement offers are too low to cover your medical expenses, lost wages, and pain and suffering damages. You do not want to miss out on recovering the money you need and deserve simply because the insurance company didn’t want to pay a fair claim. Your attorney can evaluate any settlement offer you receive and help you determine if it is enough to cover all your damages, including pain and suffering.
While accepting an insurance offer or settlement might be the best outcome in many of these cases, every case is unique. In some cases, you might have to go to court to get what you need and deserve after a crash.
Should I Take My Car Accident Case to Court?
Many injured car accident victims want to know if they should accept a settlement offer or take their case to court. This personal decision must be made after reviewing all the facts about your case. If your attorney believes the insurance company isn’t offering you a fair settlement, you may need to go to court.
Opting for a trial has the advantage of potentially securing a higher compensation. Should you emerge victorious, you might be awarded a more substantial settlement than what negotiations would have yielded. The jury may award you higher damages in a trial that covers 100% of your claim, which you would miss out on by settling early. However, it’s essential to note that going to trial can be time-consuming and costly, and it isn’t always the best option for everyone. Review your case with an experienced personal injury lawyer to get what you need from a settlement offer.
Why Do Car Accident Lawsuits Go to Court?
Several factors can contribute to a car accident case going to court. Some of the most common factors include:
- Severity of damages and injuries: Severe injury accidents are more likely to go to court. This is because accident victims are more likely to have higher medical expenses and lost wages, and they may also be facing long-term or permanent disability.
- Disputed fault: If the parties involved in the accident cannot agree on who is at fault, the case will likely go to court. The injured party must prove that the other party was negligent to recover compensation.
- Disagreement over the value of the personal injury claim: Even if the parties agree on who is at fault, they may still disagree on the personal injury claim’s value. This can lead to litigation if the insurance company refuses to pay a fair settlement offer.
- Uncooperative parties or insurers: If one or both parties involved in the accident are uncooperative or if the insurance company is unwilling to negotiate in good faith, this can also increase the chances of the case going to court.
- Complex legal issues: In some cases, the car accident may raise complex legal issues, such as multiple defendants, third-party liability, or product liability. These cases are more likely to go to court as they may require the involvement of experts and other specialized resources.
Should I Hire a Car Accident Attorney To Go To Trial?
If you are involved in a car accident, and your case is going to trial, hiring a car accident lawyer is in your best interest. An experienced car accident lawyer can help you in many ways. Your car accident lawyer will review the evidence in your case and identify any potential strengths or weaknesses in your case. They can gather additional evidence and employ expert witnesses to build your case and improve your chances of getting maximum compensation.
When your case goes to trial, your attorney will represent you in court at all stages of the trial process. This includes filing pleadings, arguing motions, and presenting evidence at trial.
Hiring a car accident lawyer can increase your chances of a favorable outcome at trial. Lawyers have the knowledge and experience to navigate the complex legal system and advocate for your rights. They can also help you avoid making mistakes that could compromise your case.
Our Car Accident Lawyer Offers Free Consultations
If you or a loved one was injured in a car accident in Miami or the surrounding areas, talk to an attorney today. Miami personal injury lawyer Prosper Shaked represents injury victims. Prosper Shaked Accident Injury Attorneys PA’s experience in personal injury litigation can help guide you through the trial process and fight your case all the way to court if that is the best option for your case.
For help understanding how much your case should be worth and what your best path to compensation is, contact our office today to schedule a free consultation. Our number is (305) 694-2676.