Will My Car Accident Case Go to Court? There are some circumstances when your car accident case may go to court.



If you sustained serious injuries in a car accident another driver’s negligence caused, you have the legal right to pursue fair financial compensation. In Florida, state law does not require a car accident case to go to court. In most cases, car accident lawyers can help their clients recover compensation through an out-of-court settlement with the at-fault driver’s insurance company.

In some cases, however—if the insurance company is operating in bad faith, for example—you may have to make your case in court. When that happens, having a knowledgeable attorney on your side can help you achieve the best possible outcome in your case.

The car accident lawyers at the Law Firm of Anidjar & Levine have experience litigating these cases in court. We can help you get the compensation you need after a crash. Call 800-747-3733 for a free consultation.

For a free legal consultation, call (800) 747-3733

Can My Car Accident Case Settle out of Court?

Settling out of court with the at-fault driver’s insurance company is always a possibility, at least in theory. This method often provides the best possible option for you.

If the at-fault driver’s insurance company agrees to negotiate a fair settlement, you derive several important benefits, including:

  • A faster settlement;
  • Lower legal costs; and
  • Avoiding the rigors of a trial.

However, in some cases, you may have to agree to a slightly lower dollar amount for an out-of-court settlement, although you may still end up financially ahead.

We will consult with you at every phase of the negotiations and help you weigh the pros and cons of accepting an out-of-court settlement. It is important to remember that once you accept a settlement offer, you will give up your legal rights for pursuing any further award.

When Should I Take My Case to Court?

The car accident settlement process can sometimes take a little time. This means you may have to maintain patience while we assemble the necessary evidence, which may include witness statements, photos of the accident scene, medical reports from your doctor, and testimony from subject matter experts.

The insurance company has one overarching priority: to minimize the amount they pay you. Consequently, they will often attempt to drag the process out by requesting additional documentation or by making ridiculous settlement offers. They hope you will wear down and get desperate enough to take a low offer.

We will push the process as much as possible and keep you apprised through every step. We can also help ensure that you see the right doctors to get the treatment you need.

At some point, however, we may determine that the at-fault driver’s insurance company is unlikely to offer a fair settlement. If that is the case, we may recommend that you file a lawsuit. This may be enough to push the insurance company to make a more reasonable offer.

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What Happens After I File a Lawsuit?

Once we file your lawsuit, the discovery process begins. Discovery is the process where each side of the case requests evidence from the other. This may include medical and treatment records, financial documents proving your costs, and receipts for car repairs. This is also the time when both sides can send a list of questions—called interrogatories—that require answers under oath.

The insurance company’s lawyers may request that you submit to a deposition. They can ask you virtually any type of question while you are under oath. We may also depose the at-fault driver, witnesses, and anyone else who may have valuable information to contribute.

In many cases, once the insurance company’s lawyers have a chance to review the evidence, they will come back with another settlement offer. This is often a good sign, as they now have a full understanding of the strength of your case.

You will have the option of accepting a settlement offer at this stage or proceeding to court. In some cases, you may also have the option of mediation or another form of alternative dispute resolution. We will provide counsel to help you make the best possible choice for your future.

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What Happens When My Case Goes to Court?

If you make the choice to proceed to trial, the attorneys from both sides will engage in the process to impanel a jury and the trial will begin. The duration of the trial will vary based on the evidence presented. However, your court case will likely only last a day or two before the jury goes out to deliberate. Once they return a verdict, the court will issue a judgment based on the jury’s award to you.

How Can I Talk to a Car Accident Lawyer About My Case?

The success of your court case will depend largely on the knowledge, experience, and skills of your lawyer. The right attorney will build a strong case to present in court and work tirelessly to give you the best possible chance of a positive outcome.

In Florida, the attorneys at the Law Firm of Anidjar & Levine will use their legal knowledge and skills to help you get the settlement you need to protect your future. Contact us today at 800-747-3733 to explore your options during a free consultation.