On average, less than 5% of car accident claims get filed in a lawsuit and go to court. So, as you can see, most car accident cases never turn into a lawsuit, however, reach a settlement before having to go to court. Most claimants are better served with a quicker settlement than a long-lasting, protracted litigation. This does not mean accepting the first offer that’s presented to you! This means that you need an attorney that’s prepared to go to court, and the insurance company knows it.
Sometimes you must take a personal injury case to court to maximize the compensation that you are entitled to, which does not particularly mean that the case is going to go to trial, but means you have to show that you are willing and able to go the distance if you must. The trial attorneys at Mowrey Law have the experience and background to make sure that your rights are protected, and that you are fully compensated. We will help you understand the value of your case, and work to get you the settlement or award that you deserve. If your case does go to trial, you know that you have a fully staffed trial team in your corner.
For clarity, Florida insurance requires a “no-fault” policy. This means your first claim for payment of medical bills will be through your own automobile insurance rather than the at-fault driver’s insurance. Your no-fault insurance’s Personal Injury Protection (PIP) is a first-party benefit paid by your insurance company when you are injured in a car accident.
Once your PIP is exhausted, your own medical insurance will take over paying for your medical bills, until such time that you reach a settlement or obtain a judgment. Your medical insurance company will likely have a lien against any recovery to be reimbursed for the losses they paid that were caused by a third party. This makes sense since they are paying for damage that was caused by someone else. These liens can be negotiated and paid off by your attorney, so you do not have to deal with the arduous process of settling the liens. Because of this, you should always discuss your car accident claim with an experienced car accident lawyer to make sure that the value of your claim is maximized.
If you are unable to settle your car accident case in the claim stage, you will need to file a lawsuit. To file a lawsuit in Florida you must meet the threshold of proving that you have a permanent injury pursuant to the legal definition in Florida Statutes. This usually qualifies as severe injuries that cause permanent disabilities, intense scarring, and cases involving wrongful death, paralysis, or other serious harm.
Other damages that will need to be proven include lost wages and lost income due to your inability to continue working to earn wages to support your family. Your PIP protection will cover this for a limited time, then it is up to the at-fault party to pay for those losses in a settlement or judgment.
Why Do Car Accident Claims Go To Court?
Car accident cases go to court for the following reasons:
- The severity of your damages and your injuries: The more severe your injuries and damages, the more likely your case will go to court. While insurance companies have a duty of good faith and fair dealing to settle claims, they are hesitant to pay out large settlements in the claim stage. As a result, lawsuits are often filed to prove to the insurance company that the claims are legitimate, and that the injuries and damages are legitimate.
- Disputed fault: If there is a question of who was at fault in the accident, the case will likely go to court. The injured party must prove that the other party was more than 50% at fault to recover compensation. This is where a fully equipped team of lawyers and investigators are helpful to prove your case.
- Disagreement over the value of your claim: The value of your claim is determined by several factors, all of which include past, present, and future calculations. These calculations deal with your medical costs, your wage and income loss, your pain and suffering and loss of ability to live the life you had before the accident. At Mowrey Law Firm, we incorporate the medical professionals that have treated you, economists, and life care planners to prove your total damages for a full and complete recovery.
- Complex legal issues: In some instances, car accident cases raise complex legal issues, such as multiple defendants, third-party liability, or product liability. A law firm with specialized resources for experts to address all these issues is absolutely necessary.
Most car accident claims, when handled properly, will settle without having to go to court. However, when your claim does not settle for a fair and reasonable amount, you must have a firm that’s fighting for you, to protect your rights, and that’s maximizing your recovery. When you need 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 phone number is (904) 824-7799.
Mowrey Law Firm is here to help you through your claim and get you the recovery you deserve.