The chances of you having to go to court following an automobile accident in Florida are low, but it is possible. A lawsuit against the at-fault motorist and trial may be necessary if your injuries are serious enough to merit seeking legal action to recover financial compensation for your medical expenses.
In addition, if you were involved in a car crash and received a traffic ticket, you may be served with a court summons.
Regardless of the situation surrounding your accident, a Florida car accident lawyer with the Schiller Kessler Group can help you understand your legal options and help you understand whether going to court may be necessary.
What No-Fault Means In Florida Car Insurance Claims
No-fault insurance laws provide a unique system of dealing with car accidents. Instead of trying to determine who was at fault, all parties involved will share the blame equally and seek financial help from their own insurance policies.
No-fault insurance requirements in Florida mandate that everyone must have no-fault auto insurance which covers up to $10,000 personal injury protection for any person involved in an accident. By having no-fault insurance, you protect yourself from being responsible for damages related to a car accident.
The purpose behind having this law is to limit the number of cases presented in court by seeking aid from your own insurer instead of suing another driver, even if they are fully at fault. However, when insurance doesn’t meet the financial needs of an accident victim, going to a Florida court to seek compensation is a possibility.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Why Do Injury Victims Go To Court In Florida?
Since it’s a no-fault state, many people wonder why it’s necessary to have court proceedings. While this system limits when drivers can take their case to court after a car accident, in some instances, legal action is necessary.
By law, each driver is expected to have personal injury protection (PIP) coverage mandated by Florida Statutes § 627.736 which generally provides $10,000 worth of coverage for medical bills and lost wages due to minor injuries. Most damages from a car crash can only be sought through the use of one’s PIP insurance policy.
However, if you or your family member’s injuries are severe enough to meet the state’s ‘serious injury threshold’, then you may be able to take your case to court in the form of a third-party personal injury case or lawsuit in order to pursue additional compensation.
Significant Injuries May Require Court Action
With a lawsuit, there are more avenues open for compensation, such as loss of wages due to time away from work and other forms of monetary relief associated with the pain and suffering endured due to severe injuries.
Experiencing one or more of the following may lead to a court claim:
- Significant disfigurement or scarring
- Significant and permanent loss of a bodily function
- Permanent injuries other than scarring or disfigurement
- When a loved one is killed in a crash
As soon as possible after an automobile accident, you should seek the counsel of a personal injury lawyer. Talking to a Florida car accident attorney can help you learn what your options are and whether or not you should take your claim to court. We can analyze the situation and help you decide how to proceed.
What You Can Do to Decrease the Chances of Going to Court After a Car Accident in Florida
Seeking the advice and support of a car accident lawyer is one of the best ways to avoid court. A lawyer can review the facts of your crash, and gather and examine the evidence gathered from witnesses, photographs, police reports, and medical records.
With valid proof of liability, a case is more likely to be settled outside of court.
You should also remember to stay organized throughout the process of pursuing a claim after an auto accident by keeping all pertinent documents associated with your case together in a file folder. Retain the following:
- Vehicle repair estimates
- Medical bills
- Treatment summaries
- Receipts for expenses arising from the accident (cab receipts or mileage logged for doctor visits)
- Recordings of communications with doctors, lawyers or insurance companies
All such information will be useful when filing for compensation from either an at-fault party or possibly their insurer. Take notes about conversations you’ve had with witnesses and anyone else related to your case.
While memories may inevitably fade over time these recollections could prove invaluable if it turns out that court proceedings are necessary.
Your Florida car accident attorney can assess any damages or losses that you’ve suffered and negotiate a settlement on your behalf. The experience and guidance of an experienced legal professional may make a huge difference in the outcome of your case.
Do I Have to Go to Court to Get Compensation for Pain and Suffering?
This type of compensation is only available if you are able to file a liability insurance claim or personal injury lawsuit. If successful, you could be awarded full payment of all medical bills related to your injuries, lost wages due to any time missed from work, as well as non-economic losses resulting from the accident.
An accident victim may also seek recompense for:
- Loss of consortium
- Loss of enjoyment
- Property Damage
While no amount of money can undo what has happened, financial reparation can help lessen some of the trauma associated with severe car accidents.
Consulting a qualified attorney experienced in personal injury law will help you determine whether you can pursue such damages and get what you deserve by taking your car accident case to court in Florida.
Contact a Personal Injury Lawyer Today
Going to court can seem daunting but with a car accident attorney from the Schiller Kessler Group, you don’t have to go it alone.
We understand how devastating a car accident can be and how difficult an injury can be. We know the law and what it takes to win a case.
Our lawyers are committed to providing you with the highest quality representation so that you can get the compensation that you deserve for your pain and suffering, property damage, medical bills, or lost wages.
Contact us today for a free case evaluation with no obligation.
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