When Does a Car Accident Go to Court?
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Miami car accident attorneys at Bernstein & Maryanoff Injury Attorneys have the knowledge and experience necessary to get you maximum compensation for your car accident injuries.
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The content on this page has been produced and reviewed in accordance with our editorial guidelines. This content has been reviewed and approved by founding Personal Injury Attorney Jack G. Bernstein who has over 40 years of legal practice experience.
Almost every Miami car accident takes a financial toll on the people involved. In the best-case scenario, your car may suffer minor cosmetic damage, which will probably cost a few hundred dollars to remove. In the worst-case scenario, you could suffer an injury that costs you millions in medical bills and lost work.
To avoid paying for these costs out of pocket, you usually need to file a car insurance claim or participate in Miami auto accident litigation. The former is what happens in most cases. But sometimes, filing a car accident lawsuit in Miami is the best option. By understanding car accident lawsuits and your legal options, you can determine whether litigation is the right path for your case.
Factors That Determine When a Car Accident Case Goes to Trial
Most car accident cases don’t go to trial. Typically, it is more beneficial to accept a settlement from the insurance company. However, certain factors may require you to consider whether or not you should sue after a car accident.
One of those complicating factors is that Florida car accident laws limit who is allowed to file a lawsuit after a car accident. You may only pursue damages for pain and suffering if you meet the serious injury threshold. If you don’t, you could still file a lawsuit for economic damages, but it may not be worth your effort unless the insurance company denies your claim.Whether the statute of limitations is
If you are thinking about taking your case to trial, there are several factors you will need to evaluate. Some of the key factors that can help you determine whether you should go to trial include:
- How much compensation the insurance company is offering
- Whether your claim was denied
- Whether the evidence supports your claim
- Whether the statute of limitations is about to run out
Experienced legal representation is essential for effectively examining these factors and creating a comprehensive strategy.
What To Expect During a Car Accident Court Case in Miami
Many people don’t know what to expect when it comes to car accident court cases. The best car accident lawyers in Miami will guide you through every step of the process and ensure you are prepared for every scenario. While each case is different, here is what most car accident trials involve.
Pre-Trial Motions and Hearings
A significant portion of a court case does not occur in front of a trial. Before your Miami lawyer argues your case before a jury, they may file several motions with the court and respond to motions filed by opposing counsel as well.
Weeks or even months of your court case may involve paperwork being passed back and forth between lawyers and the court, with an occasional hearing sprinkled in. Since you likely won’t have to attend most hearings, you will probably spend a lot of time waiting.
Duration of a Car Accident Court Case
If your case goes to court, it could take close to a year to resolve, at a minimum. Some cases may take years or decades to resolve. If you can’t afford to commit to that amount of time, settlement may be a better option.
Your lawyer will be able to advise you whether settlement or trial is recommended for your unique circumstances.
Types of Evidence Presented in Court During a Car Accident Case
In most car accident cases, whether you win or lose depends on whether your lawyer can prove that the other driver was negligent. Proving negligence requires evidence that the other driver caused your injury due to carelessness, recklessness, or intentional action. Your lawyer also needs to present evidence of the financial cost of those injuries.
Common types of evidence presented in court to prove these elements include:
- Pictures or depictions of the accident scene
- Testimony from witnesses
- Medical records
- Bills and receipts
Typically, your Miami attorney will collect and present as much evidence as possible to support your claim.
Damages for a Car Accident Court Case
Damages are calculated and awarded by the jury at the end of the trial. However, attorneys for both sides provide the information the jury needs to make those calculations.
Each lawyer will present their opinion about how the jury should calculate damages as part of their presentation. Juries may diverge from this but often use this information to help them reach a decision.
When calculating economic damages, juries are limited to awarding those damages to a value that can be proven by documentation. However, similar limits do not restrict non-economic damages. When awarding these damages, juries are instructed by the court to provide a fair and just award.
Settlements After a Trial Has Begun
Somewhat surprisingly, many cases that go to trial don’t end in a jury verdict. The lawyers for both sides are allowed to continue negotiating a settlement even while the trial is ongoing.
In many cases, after all the evidence is presented and the jury is considering a verdict, the lawyers for both sides will agree to a settlement. The reason that a settlement is agreed to so late is that neither side wants to risk letting the jury make a decision not in their client’s favor.
If a settlement is agreed to after a trial begins, both sides must inform the judge. As long as the settlement is agreed to before the jury has issued a verdict, the judge will accept the settlement and end the trial without a verdict being issued. This prevents the case from going back to trial later.
Do I Need a Miami Car Accident Lawyer When a Car Accident Case Goes to Trial?
Hiring a car accident attorney in Miami is a big step for many people. You will want to hire a lawyer even if you don’t expect your case to go to trial. But if your case does go to trial, it is essential to be represented by an attorney.
The Florida civil legal process is incredibly complex. You need to file paperwork with the court and pay all appropriate fees. Furthermore, you need to respond to all motions made by opposing counsel.
If you miss any deadlines or don’t respond appropriately to a motion, your case will likely be dismissed. Often, when a case is dismissed, you are prevented from filing it again.
An experienced Miami car accident attorney protects you from these difficulties. They understand the process and can make sure these costly mistakes aren’t made.
Similarly, there are strict rules about what can and can’t be said at trial. Your lawyer is familiar with those rules and can present your case as effectively as possible within those constraints.
Your Rights if a Car Accident Case Goes to Court
The main right you have if your car accident goes to court is to be judged by a jury of your peers. While there is no way to determine a jury’s decision, juries tend to be more friendly to claimants than insurance companies.
Differences Between a Settlement and a Trial Verdict
The difference between a settlement and a trial verdict is quite meaningful. Your attorney will explain these differences to you in detail so you can better determine which option to pursue. However, some of the most notable differences include average value, time to resolution, and certainty:
Average Value
The average car accident settlement is less than the average trial verdict. This is because settlements are typically a compromise value. The insurance company and your lawyer agree to an amount that is higher than the insurance company would normally offer but is less than a jury could potentially award.
Time to Resolution
In most cases, a settlement takes less time to resolve than a court case. That difference could be in years, depending on how easily your lawyer can negotiate a settlement.
Certainty
Perhaps the biggest difference between a settlement and a verdict is certainty. When you accept a settlement from the insurance company, you know exactly how much you will get and when you will receive it. If you let the jury issue a verdict, you are in the dark about when it will arrive and how much you will receive until the decision is made.
Contact Bernstein & Maryanoff Injury Attorneys After a Miami Car Accident
Experiencing a car accident can be harrowing. Afterward, you need to be able to focus on your recovery, not navigating the complexities of Florida’s legal system. Let the seasoned team at Bernstein & Maryanoff Injury Attorneys handle your case on your behalf.
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