The vast majority of personal injury cases end with a settlement and do not go to court. This typically happens when the accumulated evidence clearly indicates the at-fault party’s negligence and financial liability. If you or a loved one was injured due to another person’s or entity’s negligence, a Tampa personal injury lawyer can help you negotiate for a fair financial settlement.
An attorney in your area will clarify how often Tampa personal injury cases go to court and the likelihood of your case going to trial. Most law firms will review your injury claim for free and represent you on a contingency fee basis. That means you can get risk-free legal support for your injury claim from the start.
A Strong Evidence Collection Can Steer Your Injury Claim Toward A Settlement
Your evidence file tells the story of your accident. The at-fault party’s insurance company will demand proof that its policyholder caused the accident.
The more evidence you have on your side, the less likely it is that your case will go to trial. A comprehensive evidence collection can include:
- Expert testimonials
- Lay witness statements
- Medical records and bills
- Photos and video footage
- Insurance correspondence
- Official records and reports
- Employment and earnings records
- Property repair and replacement estimates
Consider letting a personal injury attorney handle evidence collection for you. They can collect evidence that might be hard to obtain on your own, such as official reports and inspections, as well as evidence that might be emotionally triggering, including death certificates and autopsy results.
Circumstances That Could Lead To Personal Injury Litigation In Tampa, FL
According to the American Bar Association, only a small percentage of personal injury cases go to court. Though rare, some reasons your case might go to court include:
- Bad faith tactics on the part of the insurance company
- Your injury claim is complex, involving multiple at-fault parties
- The at-fault party or their insurer denies liability for the injury
- Your potential personal injury settlement is costly and extensive
A personal injury lawyer can help you mitigate these circumstances. If an acceptable settlement offer is not forthcoming, they can represent you in court and help you keep fighting for the financial compensation you need and deserve.
File Your Personal Injury Lawsuit On Time To Protect Your Right To Go To Court
While your case is not likely to go to court, you should still file your lawsuit within the allotted time to protect your right to a trial if one becomes necessary. In Tampa, you generally have:
- Two years to file your personal injury lawsuit, according to Florida Statutes § 95.11(4)(a)
- Two years to file your wrongful death lawsuit, according to Florida Statutes § 95.11(4)(e)
- Six months to file a claim against a government or municipal agency in writing, according to Florida Statutes § 768.28(6)(a)(1)
If you do not file your lawsuit on time, the court could refuse to let you file it or dismiss it without hearing its merits. The at-fault party’s legal and insurance representatives will also monitor the filing deadline and could refuse to negotiate a fair settlement after it passes. A personal injury lawyer can help you protect your right to go to court by filing your lawsuit on time.
Establish The Elements Of Negligence In Your Tampa, FL, Personal Injury Case
To win damages from the person or entity that caused your accident, your attorney must prove they were negligent. Whether as part of your insurance claim or court case, that means establishing these four elements:
- Duty of Care: The at-fault party’s obligation to act carefully and cautiously
- Breach of Duty: The liable party’s failure to meet their legal duty and obligation
- Causation: The responsible party’s specific action that directly caused your accident
- Damages: The accident’s resulting economic and non-economic damages
A strong evidence file can do this for you. If an experienced lawyer represents you, they will handle evidence collection for you while you focus on recovering from your injuries.
A Lawyer Can Represent You At The Negotiating Table
To reach a settlement agreement, your lawyer will create and send a demand letter that includes a detailed list of your recoverable damages to the liable party’s insurance provider. Your attorney will receive and review monetary offers, weigh their feasibility, and fight hard to obtain a fair financial recovery for you and your family.
A Personal Injury Attorney In Tampa Can Handle the Insurance Process
Dealing with the insurance company can be a time-consuming, back-and-forth process with many moving parts. To keep your case on track and moving forward, your lawyer will:
- Assess and document your recoverable damages
- File your insurance claim or lawsuit on time
- Establish the at-fault party’s negligence
- Canvass the accident scene for photos and videos
- Clarify complex legal terminology and jargon
- Answer your legal questions and address your concerns
Your lawyer will also handle all communication related to your case. Their involvement can help you avoid saying or signing anything that might harm your claim. They can also protect you from a fast but insufficient settlement and bad faith insurance tactics.
It Costs Nothing Upfront To Hire A Personal Injury Attorney In Tampa
No one should forego legal services and support when they really need it. You can get legal service right from the start at no upfront or out-of-pocket cost to you. The personal injury law firm you choose will cover all the upfront and ongoing costs associated with your lawsuit.
They will not expect or accept payment until they win compensation for you. If you do not receive a financial award, you will not owe the law firm or your lawyer any legal or attorney’s fees.
Get A Free Review Of Your Tampa Personal Injury Claim
If you were injured in a negligence-based accident, you can fight to hold the at-fault party accountable for compensating you. Tampa personal injury cases do not always go to court—in fact, most do not.
Find out how we will go the extra mile for you and aim to settle your case without going to court. Contact one of our team members at the Law Offices of Anidjar & Levine for your free initial consultation today.
