Why Most Florida Car Accident Cases Don’t Go to Trial
The term “court battle” caught on for a reason. Both sides must ready their army of lawyers and witnesses, armed with their weapons of evidence.
A settlement is like a peace treaty. Both sides agree to the terms and get what they want.
You’d think this wouldn’t be the preferred option in cases that can involve serious injury or damage, such as car accidents. Most never go to trial and settle out of court instead. Neither side has to lose anything but can benefit in more ways than one.
Read on to learn how Florida car accident lawyers can get you the settlement you deserve, even without going to court.
Trials Are Expensive
Car accidents can be one of the most expensive types of accidents. What if you need to pay to repair your car or pay for damaged property? What about your medical bills after an injury?
Your bill will only grow if you bring the case to court. There are several unexpected costs to contend with, including:
- Court filing fees
- Hiring process servers
- Getting copies of witness reports or medical records
All of that extra money might not even result in a higher payout. That’s why it may be more cost-effective not to go to court.
You won’t end up losing money with the right representation. Your Florida car accident lawyers will work to ensure you get a fair settlement offer. It’ll cover any damages and pay your bills.
Trials Are Time-Consuming
Auto accident trials are a long and arduous process. It can take months or even years from the date of the accident to the date of the trial for them to end.
Insurance companies and lawyers may also use stalling tactics if they’re not ready to bring the case to court. They could try a continuance to reschedule the official hearing. That makes it take even longer for a verdict to be reached.
The worse your damages from the accident are, the less time you have to spare. What if you have a worsening medical condition, such as a traumatic brain injury? What if you are injured and have lost wages? Every lost minute is time you don’t have to recover and money down the drain.
You and your family might not be able to afford to wait for a trial. It may be better to accept a settlement instead so that you don’t have to sit and watch the valuable seconds tick by.
Trials are Stressful
Auto accidents are also one of the most stressful life events you could experience. According to a meta-analysis published in the Transportation Research Interdisciplinary Perspectives journal, approximately 1 in 5 survivors develop symptoms of post-traumatic stress disorder or PTSD.
A trial can add undue physical and emotional hardship. It’s worse for victims who are still recovering from the physical and emotional impact of auto accidents.
Out-of-court settlements are a more amicable way to achieve a desired outcome. They’re also more private. All details of the accident and its aftermath remain confidential.
Verdicts are Uncertain
The right to trial by jury is one of the most basic American rights. The one problem with it is that juries are unpredictable.
You might not get the result you’re expecting, even if there’s strong evidence. The jury may still not side in your favor. Members may be biased against you. You may even get less than what was initially offered in a settlement.
You have more control over the outcome when settling out of court. Give any evidence you’ve gathered to your Florida car accident lawyers. Their job is to create a compelling case in your favor. You spend your time healing.
Insurance Companies Prefer to Settle Vehicle Accident Claims
Insurance companies tend to settle when it comes to vehicle accident claims. Their reasons are similar to those that deter victims from taking their case to court.
They want to keep costs low, which means avoiding court fees and large payouts. They’re on a tight schedule and want to close claims as quickly as possible.
Insurance companies also have their reputation to protect. A trial is more public than a settlement. It can give them negative attention or expose poor claim-handling processes.
How Florida Insurance Law Affects Car Accident Claims
Florida’s no-fault system can affect how certain losses are handled after a crash, but Personal Injury Protection and Property Damage Liability cover different things.
Personal Injury Protection
Florida PIP can provide certain medical and disability benefits without regard to who caused the crash.
PIP generally provides up to $10,000 in combined medical and disability benefits. Covered medical expenses are generally reimbursed at 80%, and qualifying lost-income benefits are generally paid at 60%, unless applicable lost-income coverage was validly excluded.
Initial qualifying medical services and care generally must be received within 14 days after the crash for PIP medical benefits.
PIP does not pay for damage to a vehicle or other property.
Property Damage Liability
Florida’s required Property Damage Liability coverage generally pays for damage an insured person is legally responsible for causing to another person’s property, subject to the policy and applicable law.
It should not be described as every driver’s own first-party property coverage.
Not Every Claim Follows the Same Deadline
Most Florida negligence actions arising from crashes on or after March 24, 2023 generally have a two-year limitations period, but different claims can have different deadlines.
Claims involving government entities can have separate pre-suit notice and procedural requirements. They should not be summarized as having one universal 90-day filing deadline.
The 14-day PIP medical-treatment rule is also separate from the statute of limitations for filing a negligence lawsuit.
Whether a case settles or proceeds to litigation depends on liability, damages, insurance coverage, disputed facts, legal defenses, negotiations, and the parties’ willingness to resolve the claim.
Settle With the Right Florida Car Accident Lawyers Today
Out-of-court settlements are cheaper, more efficient, and less stressful than a court battle. Insurance companies know it, and state law supports it. Few car accident cases ever go to trial, but that doesn’t lessen the need for representation.
The Florida car accident lawyers at RHINO Lawyers are working to bring the law into the 21st century. We utilize the latest technology to evaluate your case and keep you informed about it at all times.
Our methods have enabled us to build a strong track record of successful cases. Contact us for a thorough free case review today.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
