Most of the time you will not have to go to court for a car accident in Orlando, Florida. If you were involved in a car accident, whether you will ultimately go to court will depend on the severity of the accident, what injuries you suffered, if there were manufacturing defects involved, and other factors. While it is never certain that a victim will not have to go to court for a car accident case, most cases are settled before an actual trial.
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Steps After a Car Accident
If you were in a car accident you should make sure to follow these steps:
- Contact the police and obtain an official police report
- Seek medical attention immediately
- Make sure to obtain all the names and contact information of the other driver and any witnesses
- Take photographs and preserve any evidence from the scene of the accident
- Contact your insurance company
Negotiating with the Insurance Company
If you were in an accident, you likely not only have damage to your vehicle, but also medical bills, lost wages, and even pain and suffering. Negotiating with an insurance company to provide you the amount of compensation you are owed to cover all of these expenses can be challenging. Insurance companies will often only offer lower settlement amounts, and then draw the process out so that a victim becomes frustrated and overwhelmed. Make sure never to cash a check from an insurance company unless you are certain that is your best offer for compensation because after you cash that check the insurance company will likely consider that final acceptance of their monetary offer.
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Going to Court for a Car Accident
If you are unable to agree with the insurance company regarding the amount of compensation you should be paid, then you may have to file a lawsuit and go to court. If you decide that you want to file a lawsuit against the insurance company to recover compensation for your injuries and damages, you will have to file within the statute of limitations imposed by FL § 95.11, which is the legal deadline in which to file a case. You have four years from the date of the accident in the state of Florida to file a lawsuit regarding a car accident.
You may file a lawsuit in three different courts in Florida depending on your potential monetary recovery value. If your lawsuit is anticipated to be less than $15,000 you may file in county court, and if it is anticipated to be over $15,000 you may file in circuit court. If you believe your lawsuit will be less than $5,000 than you may file in small claims court.
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Contact an Attorney in Orlando, FL
If you were in a car accident, visiting with an attorney can help you understand what your options are regarding whether to accept an insurance company’s settlement offer or if you should go to court. Contacting the legal team at the Law Offices of Anidjar & Levine at 1-800-747-3733 can help you determine your options regarding your unique case, help you understand your rights, and figure out if you will need to go to court for a car accident in Orlando, Florida.