If your collision involved an impaired driver in Florida, you may be wondering whether you have to go to court after an accident with a drunk driver. Due to Florida’s no-fault insurance laws, you typically do not have to appear in court, as you will file a claim through your own insurance provider.
However, if you suffered serious or permanent injuries as a result of the accident, you have the option to file a personal injury lawsuit against the drunk driver. This legal action could require you to go to court, but a Florida DUI accident victim lawyer will represent you throughout the process.
Additionally, many personal injury cases settle before reaching a trial, potentially allowing you to resolve your case without the need for a court appearance.
Filing a Lawsuit Against a Drunk Driver May Require You to Go to Court
If you have sustained serious injuries in a DUI accident, you may have the right to file a personal injury lawsuit against the drunk driver. A Florida car accident lawyer will help. The first thing a Florida personal injury lawyer will do is see if you qualify to take legal action.
According to Florida Statutes § 627.737, you must meet the threshold for serious injuries to pursue a lawsuit. These injuries can include permanent physical impairment, significant scarring, or other severe conditions that impact your quality of life.
Potential for a Trial
Filing a personal injury lawsuit may lead to a trial, during which you will need to testify about the incident and the injuries you sustained. It’s important to have experienced legal representation to prepare you for a trial and guide you through the legal process.
Your lawyer will help gather evidence, build your case, and ensure that you are ready to present your testimony effectively.
Potential for Settlement Negotiations
While the prospect of a trial can be intimidating, many personal injury lawsuits are resolved through negotiation before reaching a trial. A skilled lawyer will negotiate a settlement with the insurance company or the defendant, working to save you time and money in court fees.
However, if the liable party refuses to offer a fair settlement, your lawyer will be prepared to present your case before a judge or jury to seek the compensation you deserve. Having a dedicated attorney by your side ensures that your interests are protected, whether in negotiations or the courtroom.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
If You Report a Drunk Driver, do You Have to Go to Court?
If you’re wondering, “If I report a drunk driver, do I have to go to court?” it’s important to prioritize your safety and protect your potential case for compensation. Report the incident to law enforcement right away. Not only does contacting the police help ensure your safety and that of others, but an official police report also plays a crucial role in the legal process.
Here are key reasons why reporting the incident and filing an official police report are vital:
- Immediate assistance: Reporting the accident allows law enforcement to respond quickly to the scene. Officers can assess the situation, provide necessary medical assistance, and ensure that the area is safe for other drivers.
- Documentation of the incident: An official police report creates a formal record of the accident, detailing important information such as the time, location, and circumstances of the collision. This documentation is crucial for any legal proceedings or insurance claims that may arise.
- Establishing liability: A police report can help establish liability in the event of a personal injury lawsuit. The report often includes evidence of the other driver’s impaired behavior, witness statements, and any citations issued, all of which can support your case.
- Facilitating insurance claims: Insurance companies typically require a police report when processing claims related to accidents involving drunk drivers. Having an official report can streamline the claims process and strengthen your case for compensation.
- Promoting accountability: Reporting the incident not only helps protect your rights but also promotes accountability for dangerous behavior. It ensures that the drunk driver faces legal consequences for their actions, contributing to safer roads for everyone.
If you find yourself in such a situation, do not hesitate to contact law enforcement immediately. Even if you did not call a police officer to the scene of the accident, report it through Florida’s Crash Portal within ten days.
The Deadline for Taking a Drunk Driver to Court in Florida
In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident, as outlined in Florida Statutes § 95.11(3)(a). Failing to file your lawsuit within this timeframe can result in losing your right to seek compensation for your injuries and damages.
There’s much for a DUI accident victim attorney to do within this timeframe. You should begin working on your case immediately to secure your right to take legal action against a liable party.
Call Us to Learn More About if You Have to Go to Court After an Accident With a Drunk Driver
Every case is unique, and DUI accidents often lead to severe injuries and damages. You may have to go to court after a collision with a drunk driver to seek the financial recovery you deserve. Our Florida car accident attorneys with The Shiller Kessler Group will determine the appropriate legal strategy for your specific situation and represent you in court if necessary.
Call us today to access a free initial consultation. We’ve successfully helped secure compensation for over 30,000 Florida injury victims. Now, our legal team is ready to help you.
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