Most individuals involved in Florida auto accidents never go to court. Since Florida is a no-fault state, most car accidents are handled by your insurer. However, a lawsuit against an at-fault motorist could lead to trial when your injuries are severe. Going to Florida auto accident court can be necessary for those seeking legal action to recover financial compensation for their damages.
You could also be required to make a court appearance for an auto accident when you are involved in a car crash and receive a traffic violation. Some traffic offenders may be served with a court summons.
If you ask yourself, “Do I need to go to court after a car accident?” Consider speaking with experienced Car accident lawyers to help understand your legal options and whether going to court is necessary. Generally, if you’re involved in a car accident, going to court will depend on whether you receive a court summons or if lawsuits are made to recover damages.
Florida Auto Accident Court
Florida’s no-fault system limits when drivers can go to court after a car accident. In most cases, legal actions are required. Florida law § 627.736 mandates that each driver should have personal injury protection (PIP) with at least $10,000 worth of coverage in case of an accident. Typically, most auto accident damages are awarded from your PIP insurance policy.
If your accident injury crosses Florida’s serious injury threshold, you are allowed to pursue a personal injury claim to pursue additional compensation that covers your medical expenses and further damages.
However, suppose you or your family member’s injuries are severe enough to meet the state’s ‘serious injury threshold.’ In that case, you may be able to take your case to court in the form of a third-party personal injury case or lawsuit in order to pursue additional compensation.
Why Go To Court After A Car Crash in Florida?
Personal injury lawsuits provide more opportunities to recover the compensation you rightly deserve when involved in an accident at no fault of your own. Settlements can provide financial resources for time missed from work, property damages, medical bills, pain and suffering, wrongful death, and more.
Experiencing one or more of the following in a Florida auto accident often leads to personal injury lawsuits:
- Disfigurement or scarring
- Temporary or permanent loss of a bodily function
- Permanent injuries
- A loved one is killed in a crash
Seeking the professional assistance of car accident lawyers can help you explore all of your treatment and compensation options and determine if it’s worth taking your auto accident claim to court.
Reducing the Chances of Going to Court After an Auto Accident in Florida
Pursuing seasoned legal support from adept Car accident lawyers could help you avoid court altogether. Since a lawyer can gather evidence of your crash, speak with witnesses, take photographs, and examine police reports and medical records, all of this information can be used to prove liability and settle your claim out of court. Most injury claims are settled before anyone ever has to go to court, especially when there’s valid proof of liability.
That’s why it’s imperative to have the following documentation readily available should you decide to pursue a personal injury claim:
- Vehicle repair estimates
- Medical invoices
- Treatment summaries
- Receipts for expenses arising from the accident
- Recordings of communications with doctors, lawyers, or insurance companies
Florida car accident lawyers can assess your losses and negotiate a settlement on your behalf. The guidance offered by Englander Peebles could prevent you from ever stepping foot in a Florida courtroom after an auto accident.
The Limits of PIP Insurance in Florida
Although Florida drivers are required to have personal injury protection (PIP) insurance and should be covered under their policy, PIP insurance will only pay up to 80 percent of total medical bills and up to 60 percent of lost wages. This means you could be leaving vital financial resources on the table if you do not pursue a personal injury claim.
When to Go to Florida Auto Accident Court
If the other party or insurance company involved is not willing to be fair or shows an unwillingness to pay for your necessary damages, speak with car accident lawyers about taking your claim to court. Even when you’re partly at fault for your accident, your attorney can still help you retain financial compensation. Scheduling a free consultation with Englander Peebles right away can be a significant first step to avoiding court and determining if you’re entitled to monetary compensation.