You may have to go to court for a car accident—it all depends on the circumstances of the case. But the team at the Law Offices of Anidjar & Levine can represent you in your claim from start to finish.
We understand the concern for the legal process following a car accident. After all, when you have suffered injury or loss, your life has already been negatively affected, and the thought of prolonging the situation with litigation can seem daunting.
However, there are a few factors that will determine whether your case would even need to go to trial after a car accident.
Florida’s Car Insurance Laws
Florida is considered a no-fault insurance state. This insurance means that each driver is required to have a policy that includes personal injury protection (PIP) coverage mandated by FL § 627.736, which generally provides $10,000 worth of coverage. This type of coverage is generally enough to cover medical bills and lost wages from minor injuries.
However, if you or your family member’s injuries meet the state’s serious injury threshold, you may be able to pursue compensation for other losses as well. Injuries that meet the serious injury threshold are:
- A serious impairment of a bodily organ or system
- Significant scarring or disfigurement
- Permanent disabilities in an arm, leg, or other limbs
- Other serious injuries such as a bone fracture
If you or your family member sustains injuries that meet the state’s threshold for serious bodily injury or that leads to their death, you may be able to pursue a claim against the at-fault driver’s insurance provider.
It is important to note that FL § 627.727 also requires a driver to carry bodily injury liability (BIL) coverage that would pay up to $20,000 for the other person’s injuries if you caused the accident. If this is the case and you do not have BIL, you may personally be required to pay the injured person’s losses.
Please keep in mind that Florida’s statute of limitations under FL § 95.11 restricts your time to act. Many potential phases of litigation require a lot of time to accomplish properly, so it is very important to get started immediately.
Factors That Can Determine if Your Case Needs to Go to Court
Typically, there are a couple of factors that determine if a trial will be necessary.
If the parties involved in the car accident cannot agree on who caused the accident, a settlement may not be reached outside of a courtroom. During a trial, the necessary evidence and witnesses will be presented to a jury for a final decision.
Sometimes there is a disagreement on the value or extent of the plaintiff’s injuries, or whether they were even the result of the accident. Many times, it is necessary to bring in other professionals, such as a licensed physician, to provide expert testimony to the severity of the injuries and that they were, indeed, caused during the car accident.
When pursuing compensation in this manner, the plaintiff and their lawyer have the responsibility of proving that the accident and resulting injuries were both caused by the negligence of the other driver.
Your Car Accident Lawyer at the Law Offices of Anidjar & Levine Can Help
The Law Offices of Anidjar & Levine can help by:
- Offering 24/7 support
- Filing a car insurance claim for minor injuries
- Handling the process of filing a claim properly the first time
- Gathering necessary evidence if you do meet the threshold for serious injury
- Determining liability for the accident
- Evaluating the extent of your losses
- Negotiating with the insurance companies on your behalf to ensure a fair settlement
- Take the case to trial if needed
Call 1-800-747-3733 today for a free consultation. We can evaluate your claim to recover losses and provide answers to all your important questions. We can help form a plan of action if we feel that you might have to go to court for a car accident.