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Will My Florida Car Accident Case Go To Trial?


If you suffered injuries in a Florida car accident because of another driver’s negligence, you have the right to pursue compensation. In Florida, the law does not require you to take your car accident case to court in order for you to recover compensation. You can settle your Florida car accident case through an out-of-court settlement with the help of an attorney. However, sometimes, it’s necessary to take a car accident case to court. In this article, we discuss, among other things, when a car accident case may go to trial.

Why Do Most Cases Settle Out-of-Court?

Settling a car accident case out-of-court can be advantageous for both the plaintiff and defendant. Generally, out-of-court settlements are less expensive, less stressful, less risky, and less time-consuming. Also, out-of-court settlements are more private.

Can a Motor Vehicle Be Settled Out-of-Court?

You can settle your car accident case out-of-court and recover the compensation you deserve with the help of a qualified personal injury attorney. Even if you do not work with a personal injury attorney, you may still be able to settle your case out of court. However, chances are, the other driver’s insurance company will intimidate you into accepting less than you deserve.

When Might My Car Accident Case Have To Go to Trial?

Firstly, it is vital to note that just because your car accident case is taking time to settle doesn’t mean you should proceed to court. The settlement process can take time, so you need to be patient. For example, your attorney needs time to gather evidence, and also the insurance company may try to drag the process out. Usually, insurance companies try dragging the settlement process out with the hope that a plaintiff will wear down and get desperate enough to accept a low offer.

Your attorney will try their best to get you the settlement you deserve out-of-court, but if they realize that the at-fault party’s insurance company is not willing to offer you a fair settlement, they may recommend that you file a lawsuit. Also, if your attorney realizes that the insurance company is acting in bad faith, they may recommend that you proceed to file a lawsuit.

However, even after you proceed to file a lawsuit, there is a possibility that your case will not go all the way to trial. After reviewing the evidence, the at-fault party may come back with another settlement offer. In most cases, insurance companies will seek a settlement before a trial begins to avoid the risks and legal costs associated with trials. Depending on your case’s specifics, accepting a settlement offer might be in your best interest as well.

If the at-fault party does not give you another settlement offer after you file a lawsuit or if you choose not to accept the offer the insurance company gives you, your case might have to proceed to trial.

Contact Us for Legal Help

Our Orlando personal injury attorneys at The Pendas Law Firm can help you file your Florida car accident claim and negotiate a settlement with the at-fault party’s insurance company. If we cannot secure a fair settlement for you out-of-court, we can take your case to court and represent you at trial. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Fort Lauderdale, Fort Myers, Miami, Tampa, Jacksonville, Ocala, Bradenton, Daytona Beach, and West Palm Beach areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald