It is unlikely you will have to go to court after your car accident. Most car accident claims are resolved through settlement negotiations between your attorney and the defendant’s insurance company or their lawyer. Settlements usually provide accident victims with fair and full compensation long before the case ends up at trial or inside a courtroom. However, pursuing your claim in court may be necessary if both parties cannot agree on a reasonable amount for your damages.
At Kogan & DiSalvo, a full-service law firm, we are known for our compassion, integrity, and courtroom advocacy for our clients. If you’ve been in a car accident, and are concerned about going to court, contact us today for a free consultation with a Florida car accident attorney. We’d be happy to assess your case and answer your questions.
What Could Cause My Case to End Up in Court?
As noted above, car accidents in Florida typically do not go to court because most injured victims settle their claims outside of court. Florida motorists are required to carry PIP insurance, which will pay up to 80 percent of their medical bills and 60 percent of lost wages, putting them at a financial disadvantage if their losses exceed policy limits.
However, if you are seriously injured and are not more than 50 percent at-fault for the accident, you can step out of the no-fault system and pursue the other driver in court. Filing a suit often persuades the at-fault driver and their legal team that they need to negotiate with you in good faith. We can present a compelling argument explaining there is sufficient evidence for us to win. Often this is an effective strategy to convince the other party to settle by offering a fair amount to cover your damages.
If the other party won’t budge, the case is then presented to a jury. They will look at your damages, both economic and non-economic, to make a decision about your compensation. Economic damages refer to quantifiable losses such as property damages, hospital bills, and loss of wages from time off work. Non-economic losses are more subjective such as pain and suffering and loss of enjoyment of life.
What If I Receive a Summons Related to Driving?
You will, however, have to appear in court if you have been arrested for a criminal violation such as:
- Reckless driving
- Driving Under the Influence (DUI)
- Knowingly driving with a suspended license
You will receive an appearance date in the mail for your arraignment. Contact the court to reschedule if necessary.
Schedule a Free Consultation Today
At Kogan & DiSalvo, we leverage decades of experience representing personal injury victims throughout Southeast Florida. Our veteran legal team is well-versed in Florida’s negligence laws, including recent tort reforms, and has a proven track record of outstanding settlements and verdicts. It is our goal to help clients get their lives back on track with minimal disruption or inconvenience. Contact us for a free consultation today. We could review your case and ease your concerns about the possibility of going to court.