How Long Does it Take to Settle a Car Accident Case in Florida?

After a serious car accident, there’s nothing people want more than to heal from their injuries and move forward in life. But sky-high medical bills and lost wages from time off work can leave crash victims with significant financial hardships. Filing a car accident lawsuit in Florida may be your best chance for recovering compensation if you’ve been hurt.

But how long does a car accident lawsuit take? That’s the first question potential clients ask when they meet with a personal injury lawyer. It’s also the most difficult one for an attorney to answer. Some car accident claims settle within a few months. Others take years. It all depends on the facts of the case.

If you or someone you love suffered injuries in a crash, reach out to the car accident lawyers at the law firm of Zervos & Calta, PLLC today. We can review your case and discuss a potential timeline in a free consultation.

We know you want results that matter. So do we. Call or contact us now for your free case review.

When liability is clear-cut, injuries are catastrophic. Sometimes, the parties in a car accident may resolve a claim quickly. However, when liability is challenged, serious injuries result from the crash, and/or higher insurance amounts are available, the insurance company will likely challenge a claim to save money and extend the time it takes to resolve a car accident lawsuit.

With more than 60 years of combined legal experience, our Florida car accident attorneys at Zervos & Calta, PLLC, have the background, legal skills, and resources to fight for the compensation you deserve when you deal with auto insurance companies in car accident settlement negotiations. Contact us today to learn more and discuss your personal injury claim in a free initial consultation.

What Is Florida’s Personal Injury Protection Law?

Florida is a no-fault insurance state. Motorists must file a claim through their Personal Injury Protection (PIP) insurance after a car crash to cover their losses, regardless of who was at fault. They are called “no-fault” claims for this reason.

A no-fault claim provides medical benefits and partially restores your lost wages. However, seriously injured victims may quickly exhaust their policy limits. Often, they must turn to filing a car accident lawsuit to seek what they are due.

Florida personal injury law allows crash victims to file a personal injury lawsuit if another party’s negligence caused the accident and the injuries are severe. A “serious” injury causes:

• Significant and permanent loss of a vital bodily function,
• Permanent injury (to a reasonable degree of medical probability),
• Significant and permanent scarring and disfigurement, or
• Death

Before you file your insurance claims, you should speak with a dedicated and experienced Florida car accident lawyer at Zervos & Calta, PLLC.

What Should an Injured Party Do Before Accepting a Car Accident Settlement?

Before accepting a car accident settlement in Florida, you can take steps to protect your health and legal rights. You should try to do the following:

• Seek medical treatment – You must prove your diagnosis and treatment of your injuries. So, for your health and potential legal claim, get medical attention and follow your treatment plan.
• Take photos and video of the crash scene – Photos and video can provide evidence of how the crash occurred and who was at fault. Get the names and insurance information of everyone involved and their contact information.
• Save your records – Keep your medical bills, receipts from other accident-related expenses, insurance company letters, and all other documents.
• Don’t talk to the insurance company – You should be wary about giving a recorded statement or accepting the other driver’s insurance company’s initial settlement offer without seeking legal advice.
• Consult an experienced car accident lawyer – An attorney can thoroughly investigate your case, calculate your damages, and pursue maximum compensation.

At Zervos & Calta, PLLC, we ultimately want you to focus on your injuries as we aggressively pursue the compensation you are due.

Should You Accept the Insurance Company’s Initial Offer?

In most cases, you should not accept the initial settlement offer that the other driver’s auto insurance company offers you after a car accident in Florida. Insurance companies are for-profit businesses. So, the initial offer you receive may merely reflect the insurance company’s attempt to resolve your case as quickly as possible and reduce its liability exposure rather than fair compensation for the severe injuries you have suffered.

Instead, you should contact an experienced Florida car accident lawyer who will know how to investigate your case, consult with relevant experts, and determine the amount you are rightfully due.

What Are the Steps in a Florida Car Accident Settlement?

Your Florida car accident attorney should determine potential liability and communicate with all parties about your injuries and losses. After a thorough investigation, your attorney will typically send a “demand letter,” or contact the other driver’s insurance company about your claim. The letter will demand a settlement for a certain amount. If the insurance company rejects liability or the amount of compensation you are due, they may make a counteroffer. From that point, settlement negotiations can go back and forth until the parties can agree, or until a trial starts because the parties cannot agree.

What Are Some Mistakes to Avoid in a Florida Car Accident Claim?

The biggest mistakes you can make after you get into a car accident in Florida are taking too long to act or waiting to consult an experienced car accident lawyer.

If you wait too long to take legal action by filing a personal injury lawsuit against the party (or parties) you believe are responsible for your accident, the Florida statute of limitations for personal injury cases may bar you from recovering compensation. The law requires you to file a claim for serious injuries against the other party within two years from the date of accident.

When you consult a personal injury attorney with experience in car accident cases, they can ensure you file your claim and support the claim with strong evidence. Contact us today at Zervos & Calta, PLLC, to learn more.

How Long Can It Take Before You Get Paid in a Car Accident Settlement?

Different factors can affect how long it takes to get paid after a person agrees to a fair settlement with the other driver’s insurance company, including:

• When you signed the release
• How long did the auto insurance company take to process your claim
• If the bank placed a hold on your funds (typically for large amounts)
• Whether any medical or other liens are attached to the settlement

For instance, if you received medical care through your health insurance while your car accident claim was pending, your health care provider may file a lien to recover your medical expenses from your settlement.

What Are Some of the Reasons a Car Accident Settlement Might Be Delayed?

Some of the situations that can lead to a delay in receiving your settlement payment after a car accident in Florida include:

• Disagreements about the release and/or settlement terms
• Outstanding liens or unresolved medical bills
• Mistakes in paperwork or incorrect information given to the insurer
• Problems with mailing or processing checks.

Get Help Today from an Experienced Florida Car Accident Attorney

If you have been seriously hurt in a Florida auto accident, you may have a lot on your mind. How will you cover your medical expenses? How will you pay bills if you cannot earn income? With more than 60 years of combined legal experience protecting the rights of car accident victims, the veteran Florida personal injury lawyers at Zervos & Calta, PLLC, can help you navigate those issues while seeking the maximum compensation for you under Florida law. Contact us today to learn more in a free consultation.

How Long Does a Florida Car Accident Lawsuit Take?

The process for seeking compensation in Florida starts with filing an injury claim with your auto insurance company. As a no-fault insurance state, motorists must first turn to their own Personal Injury Protection (PIP) coverage to cover crash-related losses.

However, there’s no guarantee that your PIP benefits will reimburse you for the full extent of your losses. A no-fault claim only provides medical benefits up to a certain amount and replaces a portion of your lost wages. Seriously injured victims can quickly exhaust their policy limits and be left wondering how they can afford the leftover expenses. That’s when it’s time to consider a car accident lawsuit.

Florida law allows crash victims to file a personal injury lawsuit if another party’s negligence caused the accident and the injuries meet the state’s serious injury threshold. Victims qualify if their injuries led to:

• Significant and permanent loss of an important bodily function
• Permanent injury (up to a reasonable degree of medical probability)
• Significant and permanent scarring and disfigurement
• Death

A car accident lawsuit has its advantages. You could be compensated for additional losses that aren’t possible through a no-fault insurance settlement, like excess medical bills and pain and suffering. But it is also riskier. It’s wise to speak to a Florida car accident lawyer before taking any action on your own.

What Are The Steps to Take After an Accident?

You can start to protect any future legal claim immediately after the car accident.

• First and foremost, seek medical care and treatment. You need proof of injury and medical records to support a car accident claim. But most importantly, you need to ensure all of your injuries are diagnosed and treated.
• If you’re able, take photos and video of the crash scene. Get the names and insurance information of everyone involved and contact details for any witnesses.
• Finally, contact an experienced car accident attorney. At the law firm of Zervos & Calta, PLLC, we can start an accident investigation right away. You can focus on your injuries without worrying about getting the evidence you need for a solid claim.

Why Would Some Insurance Companies Refuse to Settle?

Suppose you meet Florida criteria to file a car accident suit. Your car accident lawyer filed a third-party claim with the at-fault driver’s insurance company. Now it’s time to settle.

The best-case scenario is for the insurer to negotiate a full and fair car accident settlement with you. It’s quicker and avoids the costs and risks of trial. However, insurance companies are stubborn.

Reasons why insurers may refuse a car accident settlement include:

• Higher case value: Serious injury claims involve greater losses, driving up a case’s value. Insurers want to keep payouts low, so they’ll work hard to minimize your claim.

• Disputes over fault: The insurance company may reject a settlement if questions arise over who is to blame for the collision. Multi-vehicle accidents often result in contested claims over fault.

• Strength of the evidence: You must demonstrate compelling proof of the other party’s negligence. Insurance companies may not be satisfied with the quality of the evidence you initially provided.

• Maximum medical improvement (MMI): Some car accident victims never fully recover. But an insurance company may be reluctant to pay unless the victim has reached MMI, the best possible condition expected based on the severity of the injuries.

When settlement talks break down, your car accident lawyer may recommend filing a car accident lawsuit to push for a fair outcome for you.

What Is The Timeline for a Florida Car Accident Lawsuit?

Expect your case to take longer once it hits the lawsuit stage. Litigation requires more preparation from both sides, and court calendars get clogged.

• Pretrial phase: Formal complaints are drafted and answered. Attorneys from both sides begin the discovery process, gathering additional evidence to build their cases. Parties may try to settle through mediation with the help of a neutral third party. Advancing to the pretrial stage may encourage the insurance company to increase its settlement offer once its attorneys see the strength of your evidence.

• Trial: If settlement talks fail again, the case advances to trial. Straightforward cases may only take a day or two. But more complicated cases may take more time for a judge or jury to decide.

• Appeals: Let’s say the other side wins. You aren’t out of luck. You may be able to appeal the decision to a higher court. However, you can’t appeal just because you’re unhappy with the verdict. You must show that a legal error may have impacted the outcome.

In Florida, you have two years from the date of the car accident to file a lawsuit. This is known as the Statute of Limitations. It’s best to hire a lawyer well before the deadline expires. Giving your legal team ample time to investigate and build your case cannot guarantee you’ll win, but it can help your attorney present the strongest possible case in court. The ultimate decision is left with the judge and jury.

Contact a Personal Injury Lawyer in Florida Today

Did you suffer serious injuries in a car accident that wasn’t your fault? Turn to the law firm of Zervos & Calta, PLLC to learn your legal rights. Obtaining maximum compensation after a crash can be difficult, but our proven team of attorneys can fight for the money you deserve.

A free consultation is just a moment away. Call or contact us now to speak with a Florida car accidents lawyer.

Visit Our Florida Car Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 28 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.

 

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