While some Tampa car accident cases do go to trial, most settle out of court through negotiations with the insurance companies. This holds true for both no-fault and fault-based insurance claims. The best way to understand your case better is to hire an attorney to manage it.
Working with a Tampa car accident lawyer can help you understand your options, navigate the process, and ensure your best interests are upheld.
Why Most Car Accident Claims Settle Out Of Court
Most car accident cases, even those with serious injuries, settle instead of going to trial. There are a few reasons why this is true:
- Efficiency:Settling a case is usually faster and more cost-effective for both parties. Trials often take months or even years and they require significant time and financial investment.
- Control Over the Outcome:In a trial, the final decision rests with the judge or jury. A settlement provides both parties with control over the outcome.
- Insurance Company Motivation to Settle:Insurance carriers generally prefer to settle cases out of court since trials are expensive and could result in larger payouts.
Key Reasons Car Accident Cases In Tampa Go To Trial
While most car accident cases settle, some situations may make litigation necessary. They could include:
Disputes Over Fault
Florida follows a modified comparative negligence system. When a victim contributes to causing an accident, they are assigned a degree of fault and their financial compensation is adjusted based on it under Florida Statutes § 768.81. If there are disagreements about how fault is assigned, this could require litigation.
Insufficient Settlement Offers
Insurers want to pay out as little as possible to protect their company’s bottom line. Often, they make settlement offers that do not cover victims’ damages, especially when there are severe injuries and future medical costs. When they refuse to make a fair offer, taking the case to court might be the best way to secure the compensation you need.
Punitive Damages
Punitive damages in car accident cases are rare but possible under very specific conditions. Florida Statutes § 768.72 allows for punitive damages in situations involving gross negligence or intentional misconduct. A judge or jury may award punitive damages as a way to punish the at-fault driver and deter similar behavior in the future.
This most commonly occurs in cases involving drivers with previous driving under the influence (DUI) convictions who were driving while intoxicated or without a license when they caused a serious injury accident.
Complex Injury Cases
Cases involving life-altering catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, or severe burns, may seek high payouts to cover the victim’s long-term care needs. Proving these needs could require expert testimony, hundreds of pages of relevant medical records, and other extensive documentation. The insurance company may challenge the severity of the injuries or the medical care costs, leading the case to trial.
Advantages Of Hiring A Car Accident Lawyer In Tampa
Having a knowledgeable Florida car accident lawyer on your side is invaluable, no matter if your case settles or goes to trial. Your attorney will provide the following services in addition to answering your questions and providing legal guidance:
Expert Negotiation Skills
Your lawyer will understand how to negotiate with insurance companies to reach an appropriate settlement agreement. They can navigate a personalized legal strategy, counter lowball offers, and present evidence to support maximum compensation.
Insurers may take claims more seriously when the victim has a lawyer, making it more likely that they will offer a fair settlement to avoid litigation.
Gathering And Presenting Strong Evidence
Your Tampa personal injury lawyer will gather all available evidence, including police reports, relevant medical records, witness statements, and expert analyses. They know how to build a compelling case and prevent critical errors that could affect your claim and payout.
Understanding The Applicable Florida Statutes
Navigating Florida’s motor vehicle accident and insurance laws can be challenging. An experienced lawyer will understand the applicable statutes and how they affect your case. This includes Florida Statutes § 627.737, which explains when fault-based claims are allowed and the types of recoverable damages.
Representing You In Court If Necessary
If your case does go to court, having a lawyer by your side ensures you have an advocate who knows how to navigate the legal process and present a compelling case for compensation.
Maximizing Your Compensation
Your lawyer will help you seek maximum compensation for your injuries, property damage, and other losses. They will advise you on the potential settlement range of your case and provide guidance on when to accept or reject your accident settlement offers.
When To Take Your Tampa Car Accident Case To Court
Your attorney will likely recommend settling out of court if the offered settlement is fair. However, there are some situations where your attorney will advise taking your case to court. This includes:
- If liability is strongly contested, the insurance company disputes liability, or the at-fault party refuses to accept responsibility.
- When you are dealing with a complex injury case, such as long-term, catastrophic, or potentially fatal injuries, especially when the insurance carrier refuses to cover these costs.
- If punitive damages are appropriate, it may be necessary to take the case to trial if punitive damages might be awarded because of gross negligence or intentional harm.
Your lawyer can help you weigh the pros and cons of going to trial and determine whether it is the best strategy for you. Under Florida Statutes § 95.11, you generally have up to two years to decide if filing a car accident lawsuit and taking the case to court will benefit your case.
Learn More About The Legal Process For Car Accident Cases By Contacting Our Firm Today
If you have serious injuries from a car accident, the Law Offices of Anidjar & Levine will review your case for free. You were hurt. We can help. We provide free consultations for accident victims. Let our Tampa car accident lawyer explain your legal options and explore your next steps with you.
Contact our lawyers today for a free initial consultation with our legal team.
