Most Florida car accident cases settle before trial because both sides want to avoid the time and cost of going to court. Insurers often prefer to settle to control risks and expenses. Injured parties usually choose settlements to get compensation faster instead of waiting months or years for a trial. This is why most car accident cases don’t go to trial in Florida.
However, just because most car accident cases settle doesn’t mean you should accept just any offer from the insurance company. You deserve fair compensation — even if it means a car accident trial. The right Florida car accident lawyer can make a difference in how your case is resolved.
Why Do Most Insurers Want to Avoid an Injury Trial in Florida?
Insurance companies typically prefer settlements over trials because trials cost more and carry greater risks. Legal fees, court expenses, and expert witnesses can add up quickly. Juries might also award more money than an insurer wants to pay. If a case involves severe injuries or strong evidence against the insured driver, the company could be on the hook for much more than they might pay in a settlement.
Trials also take time, potentially months or even years. Insurance companies want to close claims quickly to limit costs. Finally, a trial could expose unfair claim practices or garner negative publicity. Insurers often negotiate settlements rather than taking cases to court to avoid these risks.
What Are Some Important Factors That Can Influence Florida Car Accident Settlements?
Several factors can influence the outcome of your personal injury claim and car accident settlement. Insurers consider the following details in car accident cases when deciding how much to offer, and both sides use them to weigh the risks of going to trial:
- Injury severity — More serious injuries often lead to higher settlements because they result in higher medical costs, longer recovery times, and greater impact on daily life. Permanent disabilities or long-term health issues can significantly increase compensation.
- Medical needs and expenses — The types and costs of any medical care you need after a crash play a major role in settlement negotiations. Insurance companies review hospital bills, doctor visits, rehabilitation costs, and any future medical needs to assess the value of a car accident claim.
- Lost income and working ability — If the accident forced you to take time away from work, your settlement could include compensation for lost wages. If your injuries prevent you from returning to your job or reduce your future earning potential, your settlement could increase.
- Liability and evidence quality — Clear evidence of fault can pressure an insurance company to offer a higher settlement. Strong police reports, witness statements, and video footage make it harder for the other side to argue against liability.
- Insurance policy limits — The at-fault driver’s insurance coverage affects how much compensation is available. If your losses exceed their policy limits, you might need to explore other sources of compensation, such as personal assets or underinsured motorist coverage.
- Pain and suffering — Non-economic losses, such as physical pain, emotional distress, and reduced quality of life, can influence your settlement. These losses are difficult to evaluate because they are subjective, but strong medical documentation and testimony can support your claim.
- Willingness to go to trial — If you have legal representation from a firm with a strong trial record, insurance companies might offer more to avoid the risk of losing in court. A firm led by experienced car accident attorneys like Zervos & Calta, PLLC, can help you to pursue a higher settlement or, if necessary, guide your case through the legal system and go to trial.
How Long Does It Take for a Florida Car Accident Case to Settle?
The time it takes to resolve a car accident case through a full and fair settlement varies. Some cases settle in a few months and before a trial begins, while others take more than a year. Cases with severe injuries typically take longer because doctors must determine the victim’s long-term medical needs before the parties can negotiate effectively.
Liability disputes can also delay settlements. If the insurance company questions liability, it could take longer to investigate. Conversely, when your attorney presents strong evidence, it can speed up negotiations by reducing disputes.
Insurance companies often start with low offers, and negotiations can take time. If both sides cannot agree, mediation or a trial might become necessary, which can extend the timeline.
Often, the parties settle car accident cases after they first go through the discovery process and even the trial process, when both sides present evidence and make closing arguments. In many civil cases, after jury verdicts are returned, the parties reach agreements. It is important to work with a skilled personal injury attorney who will be prepared for going to a trial.
What Steps Are Used to Prove the Other Driver Is at Fault for the Accident?
Your attorney can use multiple forms of evidence to prove the other driver is at fault. For example, witness statements could support your claim, especially if a neutral third party confirms your story.
Traffic camera or dashcam footage can also provide clear proof of what happened. Vehicle damage, skid marks, and other physical evidence can help your attorney reconstruct the crash. If necessary, your lawyer might work with accident reconstruction experts to analyze the scene and explain the impact.
Stronger evidence makes it harder for the insurance company to deny fault. A lawyer can gather this evidence and present it convincingly to support your claim.
What Is the Florida Statute of Limitations for a Car Accident Lawsuit?
Florida law gives most car accident victims two to four years to file a personal injury lawsuit after an accident. If you miss the applicable deadline, you will likely lose the right to seek compensation in court. Insurance claims also have separate deadlines, which vary by policy.
Missing any filing deadlines can prevent you from getting the financial recovery you deserve in a personal injury lawsuit. So, you should act quickly and contact a seasoned lawyer to protect your rights after an accident. Your lawyer can identify relevant deadlines, gather evidence on your behalf, and file paperwork on time to protect your right to claim compensation.
Contact a Florida Car Accident Attorney
If you suffered injuries in a Florida car accident due to someone else’s negligence, you deserve compensation. You will need an experienced personal injury lawyer to investigate your case, determine exactly how much money you should receive in a fair settlement offer, deal with the insurance company, and aggressively advocate for you if your case goes to trial.
At Zervos & Calta, PLLC, we fight for injured clients and have recovered millions of dollars for those we have represented over the years. Whether your case settles or your case goes to trial, we stand ready to pursue favorable results on your behalf.
Contact us today for a free consultation. Let us handle the legal process while you focus on your recovery. You pay nothing unless we win your case.
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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