If you’re in an accident that caused you to sustain serious injuries, it is your right to receive financial compensation. In Florida, it is not required for an accident case to be handled in court. When working with a personal injury attorney, you will most likely receive a fair settlement from the insurance company way before a trial even needs to be considered. If your attorney notices that the insurance company is not willing to budge and is operating in bad faith, he or she will walk you through the next possible steps that can be taken, which might be taking it to court.
Do All Cases End Up Having to go to Trial?
No, about 95% of the accident claims that are filed are able to reach an appropriate settlement with the help of an attorney. If a lawsuit ends up having to be filed, another 95% of those cases get settled before the trial process begins as well.
A pre-trial settlement is beneficial for both parties; you can receive your compensation sooner, you can avoid all the extra attorney and court fees that get added on if the case requires a trial, and you can avoid all the tribulations that a trial consists of. Reaching a settlement faster does not mean that you will be receiving the lowest potential offer; having an attorney will hopefully help ensure that the low offers are not accepted and that you will be fairly compensated for your injuries, lost wages, and pain and suffering.
When Will a Trial be Necessary?
A couple of the more common instances that lead to trial:
- The insurance company is refusing to accept liability of the accident on behalf of the party they’re representing that you insist caused the accident. They can deny that their insured was at fault, therefore not offering any type of compensation. In this case, a trial would be necessary to prove that their insured’s negligence was the cause of you getting injured in an accident.
- The insurance company is not offering enough to cover all the expenses that were necessary in order to recover from the accident that their insured caused. Most of the time, they present a reasonable top offer after a good amount of time passes of negotiating, and sometimes even just filing a lawsuit can push them to give in. If not, a trial would be necessary to prove that you deserve a higher offer than what they have presented.
Andrew G. Rosenberg, P.A will be sure to consult with you throughout the process of negotiations and help you weigh the pros and cons of accepting a pre-trial settlement. If your case goes to court, it is important to have an attorney you can trust to represent you.