If you have been involved in an auto accident in South Florida, you may wonder if you must go to court to receive compensation. While you may have to go to court, there’s a high chance you won’t have to.
Statistically, 95% of personal injury claims are settled before trial. In fact, even if a court hearing is set, your case may still be settled before the hearing date.
If your case is scheduled for a court hearing, it’s always good to be prepared knowing what to expect. The best place to start is to hire a South Florida car accident attorney to guide you throughout the process.
This post will discuss why some car accident cases go to court and what to do to get a favorable outcome. Read on to find out!
What Percentage of Car Accidents Cases Go to Trial?
According to the Association of Safe International Road Travel, approximately 4.4 million car accidents occur annually.
With this high number of auto collisions, you may assume that thousands of car accident lawsuits are filed every year. However, the opposite is true.
Car accident claims fall under personal injury claims. Statistics on personal injury claims show that only 5% of all claims go to court.
Most personal injury cases settle before trial. That means your chance of going to court for a car accident claim is relatively low.
When Do Car Accident Cases Go to Court?
You may end up in court if you file an auto accident lawsuit against the at-fault driver. There are several reasons why this may happen:
The insurance company refuses to settle
One of the reasons car accident victims go to court is to seek a fair settlement. If the negotiations with the insurance firm don’t bear fruit, the only option is to sue for damages in court.
The process might be prolonged, but it is frequently worthwhile when a hefty payout is at play.
Insurance providers are in business and aim to lowball the settlement, hoping you’ll take it. They do this to preserve their bottom line and make profits.
Insurance firms may also attempt to shoulder the blame on you to prevent you from seeking the maximum compensation you are entitled to. If they try any of this, you may consider going to court.
When accident fault is in question
The other driver in the accident may deny fault for the collision and even blame you for causing it. However, the assignment of fault will largely depend on whether you reside in a fault or no-fault state.
You don’t need to establish responsibility in a no-fault jurisdiction like Florida since both parties must claim with their insurance companies.
But if you live in an at-fault state, the circumstances leading up to the accident decide who is at fault.
You may even be held partially responsible for the accident and made to pay part of the accident’s costs. This will have an impact on how much compensation you will receive.
The at-fault driver doesn’t have insurance
The number of people driving without insurance or with insurance that barely covers their needs is disturbingly high. Even though it’s against the law to do so, many drivers nevertheless drive without insurance.
You can take an uninsured driver straight to court if you get into a crash with them. But don’t get your hopes too high even if you can sue an uninsured reckless driver.
The driver is unlikely to afford to cover your damages if they were driving without insurance. However, bringing them to court can help hold them accountable and penalize them for their misdeeds.
Going to court also grants you access to other potential channels for compensation, such as punitive damages.
The best action is to speak with an attorney about your options if the person who hit you in a car doesn’t have insurance.
Getting summoned for another court case
You may also go to court for a reason different from the claim you submit. If the driver who caused your accident decides to dispute a traffic violation they got as a result of the accident they caused, you may be called in as a witness.
What Happens if a Car Accident Case Goes to Court?
A trial allows both parties an opportunity to present their evidence. A legal representative is vital at this point.
Your South Florida car accident attorney can prepare your personal injury case for trial by gathering the evidence and presenting your case to the jury. There are several phases of a trial, including:
Discovery
During the discovery phase, your attorney will build your case by gathering evidence, speaking with prospective witnesses, inspecting the accident scene, reviewing police records, and conducting pertinent legal and statutory research.
Afterward, your attorney will try to negotiate an out-of-court settlement covering the damages you incurred due to the car accident.
If you reach a settlement agreement, you could get compensation without going to court. If not, your case is likely to go to trial.
Arguments & trial
At this stage, your case will be vigorously defended, and evidence to back it will be presented in court.
Your lawyer may have to call expert witnesses to give testimony concerning the severity of your injuries or the details of the collision.
Verdict & award
During this phase, the jury’s verdict in your case is made public, presumably in your favor, along with the dollar amount of the award.
You can depend on a knowledgeable auto accident lawyer to go above and beyond to get the highest possible compensation for your injuries, no matter what course your case takes.
Why Do Most Car Accident Cases Settle Before Trial?
Insurance companies loathe going to court for personal injury lawsuits. However, if you sue them and win the case at trial, they will have to pay you the amount ordered by the trial judge.
For this reason, insurance companies will take all possible precautions to avoid going to court if they believe you have a solid case against them and have a high chance of winning.
They also avoid lawsuits if they discover you have a reputable car accident attorney.
Sometimes, even mentioning going to court and preparing for a trial may scare the insurance company into offering you a better settlement.
But remember, there is a deadline for an actual personal injury lawsuit.
So, it is advisable to engage an experienced South Florida car accident attorney to negotiate on your behalf and, if necessary, file your lawsuit before the deadline lapses.
How Long Does a Court Hearing for a Car Accident Last?
How long does a car accident court hearing last? There is no definite answer to this question. Every case is unique. Thus, the time spent in court will differ based on various factors.
These include:
- The number of defendants
- The severity of your injuries/damages
- The extent of your wounds
- The strength of your case
- Number of witnesses
It may take a few days or weeks to schedule your court hearing, but occasionally, the process may drag on for up to a year before the trial begins.
Contacting an attorney is the best way to determine how long your automobile accident lawsuit will run.
What Damages Might You Be Entitled to in Your Car Accident Lawsuit?
The amount of money you are awarded for injuries sustained in a car accident will vary based on various factors, including how severe your injuries were, how much time you took off work, and how many parties were involved in the collision.
Generally, you may qualify for both economic and non-economic damages.
Economic damages
Car accidents cause associated injuries and disability. You spend so much money on medical treatment and car repairs. These costs can significantly overwhelm you.
You may also take time off work to recover from your injuries, hence losing income. A disability can further lower your chances of getting work promotions.
All these costs should be accounted for in your personal injury lawsuit. Your lawyer will calculate your current and future economic damages to help demand a fair award.
Non-economic damages
These damages include mental distress, loss of consortium, and disfigurement.
You may need additional compensation if you suffered a psychological impact and cannot maintain your previous lifestyle.
Unfortunately, the value of non-economic damages is often unclear, or these damages may not be immediately apparent.
Only a knowledgeable South Florida car accident attorney can determine the value of your injuries and communicate it to the jury.
Punitive damages
A judge may, on occasion (but not usually), grant additional “punitive damages” if the at-fault party showed very callous disregard for the safety of others.
Punitive damages are applied as a punishment to the defendant and as a warning to other potential offenders.
What Can You Do to Increase Your Chances of a Settlement Before Trial?
After a car accident, there are a few things to do that will influence the outcome of your case. Doing these things can help settle your case without filing a lawsuit.
This includes:
- Notifying the police of the collision (this is a legal requirement if anyone sustained an injury or more than $500 in property damage).
- Taking photographs of the accident scene, your injuries, and the damage to your car.
- Getting treatment for your injuries as soon as you can
- Keeping a record of all damages, including medical expenses, car repairs, and other costs
- Speaking with a car accident attorney immediately
- Avoid apologizing, admitting fault, or making any remarks about the accident before consulting a lawyer
The stronger your case, the higher your chances of receiving a good payout. Having a lawyer further demonstrates to the insurance company that you have a professional on your side and are serious about defending your rights.
Contact a Skilled South Florida Car Accident Attorney
Car accidents are incredibly devastating and filing a claim to recover your damages may take longer than you can imagine.
The challenges posed by car accidents and dealing with insurance providers can cripple you even more. That’s why you need an experienced car accident lawyer.
At Legal Giant, we can connect you with one of the best South Florida car accident attorneys. We will review your case, examine your available claim options, and decide whether filing a car accident lawsuit will benefit you.
Call us at (855) 740-5024 today for a free consultation and review of your case.
