12 Dec

Do You Have to Go to Court If You File A Personal Injury Claim?

Personal Injury

go to court

Suppose you’ve suffered an injury due to the actions or inactions of another person or party. In that case, Florida law gives you the right to file a personal injury lawsuit. However, it’s a myth that pursuing such a claim requires going to court. While you may end up needing to go to court, the vast majority of these types of cases settle before reaching that stage of litigation. Don’t let the fear of having to step foot inside a courtroom keep you from pursuing the justice you deserve. Instead, contact the experienced personal injury lawyers at The Florida Law Group! We can answer your questions, listen to your story, and explain all of your options so you will know exactly what to expect. Our aggressive attorneys can fight for you if necessary!


How Does A Personal Injury Claim Work?

The best first step in filing a personal injury claim is to meet with a reputable Florida personal injury lawyer to determine if you have a valid claim and if so, how much that claim may be worth. The lawyer will ask you about the accident that caused your injury, how it occurred, and the scope and severity of your injury. If they think you have a claim worth pursuing, you can hire them to help you (and in most cases – as it is with The Florida Law Group – you won’t have to pay them any upfront fees until your case has been resolved). 

If you haven’t already filed a claim with the right insurance company, your attorney can do so on your behalf. Injuries arising from car accidents are usually covered by your auto insurance policy and the other driver’s auto insurance policy, while injuries occurring at someone’s home or a place of business are often filed under the property owner’s property insurance policy…if your accident involved another party who has their own insurance company, you may be entitled to file a claim with them as well. Your attorney can help ensure that you file your claim with the right insurance company or multiple companies, depending on the circumstances of your injury. 

They can also send a formal demand letter to the insurance company or other liable party if they aren’t covered by insurance. This letter typically describes their liability for your injuries, the type and extent of your injuries, how much money you deserve for your damages, and details why you deserve that amount of money. 

The letter or filing of the claim usually kicks off the settlement negotiation process. From there, your attorney and the insurance company’s/other party’s attorneys will likely engage in a series of emails, phone calls, and in-person meetings to arrive at a settlement value that you believe is fair based on your damages. While settlements can take months or sometimes years to reach, most personal injury cases end in a settlement rather than go to court.

However, suppose the insurance company or liable party is unwilling to settle for an amount you think is fair. In that case, you have the right and the option to pursue your claim in court. Your attorney will ensure your lawsuit is filed within Florida’s four-year personal injury statute of limitations and prepare your case for trial. They will also represent you at trial, fighting for the compensation you deserve.

You should also realize that if your injuries are severe or you haven’t recovered from them yet, your attorney will likely advise postponing finalizing the settlement or going to court until the extent of your injuries and how they will impact your life is more apparent. 


Why Do Most Personal Injury Cases Settle?

Personal injury claims settle more often than not because settling offers many benefits to both sides. Settling resolves the case sooner and is less expensive than it would be to go to court. Preparing a case for trial can be a lengthy, expensive, and arduous process for both you (the plaintiff) and the insurance company/defendant. In addition, if the case went to trial and the losing side appealed, appeals can often drag out the case for several more years. 

Settling also gives both sides more control over how the case ends; it’s less risky. You can’t control what a judge or jury will decide. As a plaintiff, you could end up with much more than you think or nothing at all, and that will be the end of the matter. Accepting a settlement means that you are assured to walk away with some level of compensation. For the defendant’s side, they don’t have to admit liability when they settle, which is good for public relations. 

Settlements also benefit the court systems. The more personal injury cases that go to trial, the more tied up the courts become. 


Should You Go To Court?

Whether or not to go to trial is a vital decision that should be made in conjunction with your Florida personal injury attorney. Lawyers have years of experience in both negotiation and litigation. While the final decision should always be yours, it’s also essential to listen to the sound legal advice of your attorney; not taking their advice can end in you receiving nothing for your injuries. However, if your attorney thinks you should take your case to trial, and you don’t want to, you always have the option of settling and not proceeding to trial. Your attorney’s responsibility is to inform you of all settlement offers you receive and give you the best legal advice possible; they want to secure the maximum amount of compensation for you. 


Did You Sustain Injuries In An Accident That Wasn’t Your Fault? Call the Florida Law Group Today!

At The Florida Law Group, we’ve spent the past four decades obtaining over $1 billion dollars in compensation for injured accident victims just like you. Our attorneys have over 100 years of collective experience standing up for the rights of our clients. Whenever sensible and possible, we settle claims out of court. However, when insurance companies don’t agree to pay our clients the full amounts their injuries are worth, we aren’t afraid to advocate for them aggressively inside a courtroom. We have extensive trial experience and a reputation for successfully holding insurance companies and other liable parties accountable.

Call us today or contact us online to schedule a no-obligation personal injury case review today. Our goal is to right the wrongs you suffer, whether that means settling a personal injury claim or proceeding to trial to get what our client deserves for compensation. You don’t have to pay us until we win!