When Is a Case Taken to Court After a Car Accident?

November 24, 2021 | By Frankl Kominsky Injury Lawyers
When Is a Case Taken to Court After a Car Accident? Have you or a loved one been involved in a car accident recently? If so, you are probably familiarizing yourself with Florida’s no-fault rules.  Car accidents in Florida typically do not go to court because of the regulations with it being a no-fault state, but that doesn’t mean it’s not possible for your case to be presented in front of a jury. In fact, having a Boynton Beach car accident attorney on your side could possibly help you come out with a fair outcome. This article will cover when a case is taken to court in a car accident in Florida and what requirements you must meet in order to file a lawsuit. If you believe you qualify for a lawsuit, be sure to contact the attorneys at Frankl Kominsky Injury Lawyers.

Florida’s No-Fault Rule

Florida is one of the 12 no-fault states in America. A “no-fault” state means that when it comes to car accidents, all parties involved are to share the blame, but that blame is not dispersed equally. When a person lives in a no-fault state, they are to seek financial help for car damages and medical bills through their own insurance policies instead of suing the other party.  The idea behind no-fault states is to limit the number of cases presented in court. Because of this, residents of Florida and the other eleven no-fault states are required to have no-fault insurance, which covers up to $10,000 in personal injury protection. Once a car accident occurs, there are no lawsuits filed against the other driver even if they are fully at-fault. 

What to Do If Your Insurance Doesn’t Cover All Expenses

In a no-fault state, your personal injury protection will not cover car damage expenses. Because of this, the driver should have collision coverage for that portion of the car accidents. After your accident, it’s important to get in touch with your insurer about filing a claim for your personal injury protection to help cover the amount you owe for your medical bills. While your personal injury protection is required to cover up to $10,000, you should note that it’s likely your insurer will not pay you for all the damages you deserve. The best thing to do if your insurance doesn’t cover all your expenses is to speak with a seasoned Boynton Beach Car Accident Lawyer that has the right negotiation skills to get the fair amount you need out of your policy. You should never accept the first offer from your insurance settlement unless you speak with an attorney. They can help you seek the amount you need out of your policy to cover your damages by negotiating on your behalf. 

How to Take Your Car Accident Case to Court in Florida

There are certain guidelines in Florida for taking your car accident case to court. The first is that your personal injury damages have to result in more than $10,000 and there has to have been extreme injuries sustained from the accident.  If you or a loved one suffers from extreme injuries in a car accident that results in a significant impact on the quality of life or even death, you have the option to file a personal injury lawsuit against the other party. The key to proving personal injury and potentially winning your case is to prove the negligence of the at-fault party. There is a chance that the other party’s insurance will agree to a settlement if they know they are entirely at fault for the wreck.  When you file a personal injury claim in a car accident case, the case will go to trial if the other party does not agree to a settlement. Once the case is presented in front of a jury, they are responsible for deeming a fair monetary reward, because seeing as Florida is a no-fault state, both parties are responsible for the car accident. The jury will look at the plaintiff’s economic and non-economic damages to make a decision about the financial award. Economic damages refer to the total costs that can be actually added up, such as car damages, hospital bills, and loss of wages from time off work. Non-economic losses refer to the losses that come from sustained injuries, loss of life, or severe impact on the quality of life. Once the jury determines your financial award, they will also determine how much of the accident you were responsible for. That percentage of responsibility is then reduced from your monetary award. The remaining balance is what you walk away with. For example, suppose the jury awards you $80,000 but finds you 10% responsible for the wreck. This means you would walk away with $72,000 once the 10% is reduced from the original settlement. 

Talk to an Experienced Attorney for Your Case

If you are thinking about filing a car accident personal injury claim, you should seek the legal help of a trustworthy Boynton Beach Car Accident Lawyer (by appointment). Lawyers possess the skills you need to have a more favorable outcome in your case for seeking extra compensation. You can hire the help of a legal expert before you think of filing a case. When you start to file a claim with your insurance policy, an attorney can speak with your insurer on your behalf to try and negotiate a more favorable settlement out of your policy. A legal expert is also a great advocate to have that can guide you in this process. Your legal attorney can give you insight as to how much you can expect to receive out of your settlement and what the best steps are to take within your case.  Most attorneys offer a free consultation to start with where you can discuss your situation in greater detail and hear from the attorney what you can expect working with them. It’s important that you select an attorney that has a strong background in handling these types of cases. 

Go to Court with a Trustworthy Attorney

If you’re ready to make some strides with your car accident case, contact the law office of Frankl Kominsky Injury Lawyers today. Frankl Kominsky Injury Lawyers is a firm that has been serving the Boynton Beach, Florida area and surrounding areas for over 40 years (by appointment only). Our attorneys have in-depth knowledge of Florida’s statute of limitations and how to anticipate the other side’s moves.  From our 40 years of experience, we have been fortunate to acquire plenty of practice handling these types of cases. It is our mission to bring about justice to Boynton Beach, Florida residents and to help them seek the compensation they deserve. You can begin your case by calling us at (561) 800-8000 or filling our free online case evaluation form to give us your contact information and brief details surrounding your case. Once we know how to contact you, one of our representatives will reach out to schedule your no-obligation free consultation where you will speak with an attorney about your case and hear about our services. Don’t wait any longer to hold out on the compensation you may deserve. Our hotline is always open, and we are ready to get started fighting for you.

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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