Whether or not you will have to go to court for a car accident depends entirely on how your case plays out. Many times, our clients receive a fair settlement from the insurance company without ever having to step foot inside the courtroom. The primary factors that impact whether you will have to go to court are:
- The severity of your accident
- The total value of your damages and the money that is at stake
- Whether the insurance company agrees to a fair settlement outside of court
- The strength of the case built by your lawyer backing your claim
We would never avoid going to court if it means agreeing to less than a fair settlement for your injuries. And our clients typically agree that the inconvenience of court is worth holding the at-fault party liable and obtaining the compensation they deserve.
That said, many drivers can recover a fair settlement outside of court by building a strong case that supports their claim.
For a free legal consultation, call (800) 747-3733
How a Car Accident Lawyer Can Build a Strong Claim
After we begin working with a client, we go to work right away, investigating the accident and gathering evidence. Some of the evidence we obtain includes:
- Police reports
- Medical records
- Bills, receipts, and other costs you have incurred as a result of the accident
- Doctor’s treatment plans and prognosis regarding your injuries
- Video surveillance footage or still photos from traffic cameras
- Eyewitness statements
- Evidence provided by accident scene reconstruction experts
This evidence does three things for us:
- It allows us to determine liability and negligence in your accident. By establishing that the other party is partially or fully at fault for the accident, we can pursue compensation outside of your PIP insurance policy through a third-party insurance claim or personal injury lawsuit.
- It allows us to calculate the total cost of your losses, which puts us in a strong case during negotiations with the insurance company since we know what a fair settlement should look like.
- It allows us to determine if you meet the threshold requirements for a “serious injury.”
FL § 627.737 bars you from pursuing compensation from the at-fault party unless your injuries meet the state’s definition of “serious.” Serious injuries can include:
- Permanent injuries leading to disability
- Significant scarring or disfigurement
- A significant impairment that affects an important body part
- Death or a condition that will cause your death
Damages You May Be Able to Recover Through a Third-Party Claim
If you can only pursue compensation through your PIP insurance, you can only collect compensation for a portion of your medical costs and lost wages. You are also prohibited from recovering compensation to cover the repair or replacement of your vehicle.
If we determine that you can make a claim against a third-party insurer or file a personal injury lawsuit, you can recover a number of other damages not covered by your FL § 627.736-mandated PIP insurance, including:
- Medical costs
- Lost wages
- Future wages and benefits if you are unable to return to work
- Prescription medication
- Wheelchairs or walkers
- The cost of ongoing care
- In-home nursing care
- Pain and suffering
- Other accident-related costs
The Law Offices of Anidjar & Levine will fight for fair compensation for your injuries, even if it means that we have to go to court for a car accident case. Call us today at 1-800-747-3733 for a free evaluation of your case.