The thought of standing inside a courtroom often creates anxiety for people injured in traffic collisions. You likely picture a dramatic scene from a television show with a judge and jury deciding your fate. Many accident victims worry that filing a claim means they must testify in a public trial.
In reality, the legal process is far less dramatic than what you see on TV. Most personal injury claims resolve long before a trial becomes necessary. Insurance companies and attorneys typically prefer to reach a settlement agreement to save time and money.
You still need to prepare for the possibility of litigation if the insurance company refuses to make a fair offer. A Fort Lauderdale car accident attorney can guide you through the claims process and protect your interests.
Call Englander Peebles today at (954) 500-4878 to discuss your legal options.
Key Takeaways About Going to Court After a Fort Lauderdale Car Accident
- Most Florida car accident claims settle through negotiation, and very few require a full jury trial.
- Filing a lawsuit is often a strategic step and does not automatically mean you will testify in court.
- Preparing every case as though it may proceed to trial strengthens your position during settlement discussions.
- Mediation provides a confidential, court-ordered opportunity to resolve disputes before a judge or jury becomes involved.
- An experienced Fort Lauderdale car accident attorney guides you through each stage of the process and works to secure a fair outcome without unnecessary litigation.
How a Fort Lauderdale Car Accident Attorney Helps You Avoid Court
Insurance companies often try to take advantage of your fear of going to court. They might offer a low settlement hoping you will accept it just to avoid the legal system. They count on you not having the resources or knowledge to fight back against their tactics.
Englander Peebles manages every part of your claim to prevent insurers from using these tactics to your disadvantage. We investigate the accident to gather compelling evidence of the other driver’s negligence. Our team builds a strong case that shows the insurance company we are ready for litigation if necessary.
We handle all negotiations with the insurance adjusters, so you can focus on your recovery. Your attorney reviews every settlement offer to confirm it covers your past and future needs.
We advise you on whether to accept an offer or proceed with a lawsuit based on the specific facts of your situation. We dedicate our practice to securing the best possible outcome for you, whether through settlement or trial.
Why Most Florida Auto Accident Claims Settle Before Trial
Settlements serve the interests of both the injured party and the insurance company in most situations. Going to trial involves significant expense, time, and uncertainty for everyone involved. A settlement provides a guaranteed outcome and puts money in your hands faster.
Insurance companies want to avoid the risk of a jury verdict that could far exceed their settlement offer. They also want to avoid paying high legal fees to defense attorneys for a lengthy trial. These factors motivate insurers to resolve valid claims through negotiation.
You also benefit from a settlement by avoiding the stress of a trial. Litigation can take years to resolve, delaying your ability to pay medical bills or cover lost wages. A settlement allows you to close this chapter of your life and move forward with financial stability.
Your Fort Lauderdale car accident attorney leverages these factors during negotiations. We use the threat of a trial to encourage the insurance company to pay what your claim is truly worth.
Situations That Require Filing a Personal Injury Lawsuit
Although most personal injury claims resolve through settlement, there are times when litigation becomes necessary to pursue full and fair compensation. When an insurance company refuses to resolve a claim reasonably or disputes facts that are well-supported by the evidence, filing a lawsuit may be the only effective path forward.
In these situations, your attorney may advise initiating litigation to protect your rights and preserve your ability to recover damages.
Common Reasons for Taking a Car Accident Case to Court
When settlement negotiations break down or the insurance company continues to act unreasonably, several issues may justify moving the case into litigation.
These situations often signal that the insurer is unwilling to resolve the claim fairly without court intervention.
- Liability disputes occur when the insurance company denies its driver caused the crash or attempts to shift fault onto you.
- Damages disagreements arise when the insurer accepts liability but refuses to cover the full value of your medical expenses or other losses.
- Bad-faith practices involve unreasonable delays, unwarranted denials, or other tactics that undermine your valid claim.
- Policy-limit issues may require litigation when your damages exceed the available coverage and the insurer refuses to tender the full policy amount.
Filing a lawsuit begins the formal legal process, but doing so does not necessarily mean the case will go to trial.
Many claims settle after the complaint is filed but before the scheduled trial date. Initiating litigation signals to the insurer that you are prepared to pursue your claim through every available legal avenue.
Understanding the Civil Litigation Process in Florida Courts
Filing a lawsuit starts a structured legal process governed by the Florida Rules of Civil Procedure. This process allows both sides to gather evidence and understand the strengths and weaknesses of the case. Your Fort Lauderdale car accident attorney manages each phase of litigation for you.
The discovery phase serves as the longest and most important part of a lawsuit. Both sides exchange documents, answer written questions called interrogatories, and take depositions. This exchange of information often leads to a settlement as the facts become clear.
A deposition involves answering questions under oath from the opposing attorney. Your lawyer prepares you for this meeting and sits next to you to protect your rights. Your deposition can significantly influence both settlement discussions and any trial that follows.
We handle the procedural requirements so you do not have to worry about deadlines or legal filings.
The Litigation Timeline and Discovery Phase
- Filing the complaint officially starts the lawsuit and outlines your allegations against the at-fault driver.
- The discovery phase allows both attorneys to request documents, medical records, and sworn statements from witnesses.
- Pre-trial motions involve legal arguments to the judge about what evidence the jury can see or hear.
- Mediation requires both parties to meet with a neutral third party to attempt a final settlement before trial.
Each of these steps provides an opportunity to resolve the case without a trial. Your attorney evaluates settlement offers throughout this timeline.
Navigating Florida No-Fault Laws and the Serious Injury Threshold
Florida operates under a no-fault insurance system that impacts when you can file a lawsuit. Florida Statute § 627.736 requires you to carry Personal Injury Protection (PIP) coverage. This insurance pays for 80 percent of your initial medical bills and 60 percent of your lost wages regardless of who caused the crash.
You must overcome the serious injury threshold to step outside the no-fault system and sue for pain and suffering. Florida law defines a serious injury as one that results in significant and permanent loss of an important bodily function, permanent injury, or significant scarring.
Your Fort Lauderdale car accident attorney works with medical experts to prove your injuries meet this legal standard. We gather MRI reports, surgical records, and doctor narratives to substantiate the permanence of your condition.
Establishing that you meet the tort threshold allows us to pursue a claim against the at-fault driver’s bodily injury liability coverage. This coverage pays for the remaining medical bills, lost wages, and non-economic damages like pain and suffering.
Using Mediation to Resolve Disputes Without a Jury Trial
Florida courts typically require parties to attend mediation before a case goes to trial. Mediation involves a confidential meeting with a certified mediator who facilitates negotiation. The mediator does not act as a judge and cannot force either side to accept a deal.
This process offers a less formal environment to resolve disputes. You and your attorney sit in one room while the defense team sits in another. The mediator moves between rooms to convey offers and counteroffers.
Mediation frequently succeeds in resolving cases that seemed destined for trial. The neutral perspective of the mediator helps both sides see the risks of going to court. Settling at mediation gives you control over the outcome rather than leaving it to a jury.
Your Fort Lauderdale car accident attorney prepares a detailed mediation statement outlining your case. We present your damages and arguments to the mediator to advocate for a maximum settlement.
What to Expect During a Car Accident Trial in Broward County
The case proceeds to a jury trial if mediation fails and no settlement is reached. A trial involves presenting evidence and arguments to a judge and jury who decide the outcome. This is the stage most people imagine when they think of court.
The trial begins with jury selection, where attorneys question potential jurors to find an unbiased panel. Both sides then present opening statements to outline their version of events. You play a passive role during most of these proceedings.
You may have to testify during the trial to explain how the accident happened and how your injuries affect your life. Your lawyer prepares you extensively for this testimony so you feel confident on the stand. We also call expert witnesses to explain technical or medical concepts.
The trial concludes with closing arguments and jury deliberations. The jury decides whether the defendant was negligent and how much money you should receive.
The Stages of a Personal Injury Jury Trial
- Jury selection involves questioning a pool of citizens to select an impartial panel to hear the case.
- Presentation of evidence allows your attorney to show documents, photos, and witness testimony supporting your claim.
- Cross-examination gives your lawyer the chance to question the defense witnesses and challenge their version of facts.
- Jury deliberations occur when the jurors move to a private room to decide the verdict and award amount.
The Florida Courts system provides resources explaining how trials function in the state. Understanding these steps helps demystify the courtroom experience.
Florida Statutes Limit the Time to File a Lawsuit
You do not have unlimited time to decide whether to file a lawsuit. Florida imposes a strict deadline known as the statute of limitations. Florida Statute § 95.11 generally gives you two years from the date of the accident to file a negligence claim.
Failing to file your lawsuit before this deadline expires usually results in the court dismissing your case. You lose your right to seek compensation from the at-fault driver forever. Exceptions exist for specific situations, but you should not rely on them without legal advice.
Contacting a Fort Lauderdale car accident attorney immediately after the crash protects your rights. We monitor all deadlines and file the necessary paperwork well in advance. Early involvement also allows us to preserve evidence that might disappear over time.
FAQs for Fort Lauderdale Car Accident Attorneys
Will I have to pay attorney fees if we go to court?
We work on a contingency fee basis for all car accident cases. You pay no upfront legal fees or costs. We only get paid if we recover money for you through a settlement or trial verdict.
Does going to court increase the value of my claim?
Taking a case to trial can result in a higher payout if the jury agrees with your evidence. However, trials also carry the risk of receiving nothing if the jury rules against you. Your attorney will weigh the potential rewards against the risks before recommending litigation.
Can I settle my case after filing a lawsuit?
Yes, you can settle your case at any point during the litigation process. Many cases settle shortly before the trial date or even during the trial itself. We continue negotiating with the insurance company throughout the lawsuit.
Do I have to appear in court for every hearing?
You generally do not have to appear in court for routine procedural hearings. Your attorney handles these appearances on your behalf. You typically only need to appear for your deposition, mediation, and the trial itself.
Contact Englander Peebles to Protect Your Legal Rights
The decision to go to court is significant, but you do not have to make it alone. Most of our clients recover the compensation they need without ever stepping foot in a courtroom. We handle the legal complexities so you can focus on your health and family.
Your Fort Lauderdale car accident attorney will explain every step and help you make informed decisions. We fight to secure a settlement that covers your losses while preparing to take your case to trial if needed.
Call Englander Peebles today at (954) 500-4878 for a free consultation. Let us review your case and help you understand your legal options.