Do I Have to Go to Court After a Car Accident in Miami?

No. But if you are prepared to go all the way, you will get the best settlement.

“How can I be prepared to go all the way”? By hiring a specialist, a lawyer who is Board Certified as a Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy (NBTA). That way, the insurance company knows you are locked and loaded. Then they will settle and settle for the most.

After a car accident, the last thing you want to deal with is a courtroom. Between medical bills, insurance calls, and car repairs, the process is already overwhelming. But do you actually have to go to court to get compensation? The short answer: probably not—but sometimes, it’s the best way to get the settlement you deserve.

Most car accident cases settle out of court

The majority of car accident claims in Miami never make it to trial. Insurance companies usually prefer to settle rather than deal with the time and expense of litigation. If your injuries are minor and liability is clear, you may be able to reach a fair settlement without ever stepping into a courtroom.

There’s also the fact that Florida has a no-fault system in place, and drivers are required to have personal injury protection (PIP) as part of their auto insurance policy. Let’s take a closer look at how that works in the case of an accident.

PIP and your accident: What happens in most situations

If you’re involved in an auto accident in Miami, the first step (after you’ve dealt with the immediate aftermath, of course) is to let your insurer know and claim benefits from them. Because of Florida’s no-fault system, your own insurer is your first recourse when it comes to covering things like medical expenses and vehicle repairs, no matter who caused the accident.

But what if your injuries exceed your PIP coverage? Then, your medical insurance, if any, pays the bills. Also, you may need to file a lawsuit against the at-fault driver or your own uninsured motorist carrier. However, even then, there’s a very good chance that you might not go to court. As mentioned, insurers are risk-averse, and if they feel there’s a good chance that you’ll win, they’ll often settle rather than go the more expensive route (court fees, additional damages, etc.).

That said, there are times when going to court might not just be unavoidable but a smart decision.

When you might have to go to court

There are situations where going to court becomes necessary. You might have to take legal action if:

• The insurance company denies your claim– If the insurer refuses to pay or argues that you were at fault, you may need a lawsuit to fight back. There are many instances where insurers have flat-out refused to pay or have dragged their feet after an accident.
• The settlement offer is too low– Insurance companies love to lowball victims, hoping they’ll accept less than they deserve. If negotiations stall, a lawsuit can push them to offer more. Again, insurers really don’t want to go to court and will uphold their responsibility if they see that they have no other option.
• Liability is disputed– If the other driver claims you were at fault or there are multiple parties involved, a judge or jury may need to decide. Assigning degrees of fault, like in the event of multiple parties, will also affect your compensation. For instance, if the judge deems that you were 20% responsible, then your benefits will be reduced by that much (if you are more than 50% at fault, you cannot recover in Florida).
• You have serious injuries– High medical costs, long-term treatment, or permanent disabilities often lead to larger claims, which insurers are more likely to fight. Again, insurers are in business to make money, and they will often do whatever it takes to avoid paying out, even if it’s technically their responsibility.

As you can see, while going to court after a car accident isn’t as common as it once was, there are times when it’s either unavoidable or advisable. Knowing what to expect in court will help.

What happens if your case goes to court?

Most people have very little familiarity with Florida’s legal process, as it should be. Unfortunately, that can lead to stress and uncertainty if there’s a possibility of going to court. If you do end up in court, here’s what to expect along the way:

• Filing a lawsuit– Your attorney will file a complaint outlining your case against the at-fault party.
• Discovery phase– Both sides exchange evidence, take depositions, and build their arguments.
• Mediation or settlement talks– Even after filing a lawsuit, most cases still settle before trial.
• Trial– If a settlement isn’t reached, your case goes to trial, where a judge or jury decides the outcome.

Your car accident attorney will do most of the work throughout this process. They’ll be tasked with creating documents, filing them with the court, dealing with the insurer and their attorneys, and more. However, even if you don’t go to trial, an experienced attorney can help you deal with a difficult situation.

How a car accident lawyer can help

Even if your case never goes to trial, having an experienced attorney can make all the difference. A skilled lawyer will:

• Negotiate with insurance companies to get you a fair settlement and get them to uphold their responsibility
• Gather evidence and build a strong case that clearly shows that the other driver was at fault and that you suffered injuries and damage as a result
• Handle all legal filings and deadlines from initial negotiations to filing with the court and everything in between
• Represent you in court if necessary

The bottom line: most cases settle, but be prepared

You probably won’t have to go to court after a car accident in Miami, but if the insurance company refuses to pay what you deserve, being ready to fight can work in your favor. However, court isn’t always the right direction. There’s a lot of variability, and it’s often hard to determine the right course of action.

The best way to protect yourself? Hire a specialist or a lawyer who is Board Certified as a Trial Lawyer by the Florida Bar and by the National Board of Trial Advocacy (NBTA). We know our way around a courtroom.

If you’ve been injured in a crash, contact Hickey Law Firm today for a free consultation. We can handle the legal battle so you can focus on healing.