Is It Worth Suing After a Car Accident in Florida?
Whether it is worth filing a lawsuit after a car accident depends on the circumstances of the case.
Many Florida car accident claims are resolved without a trial. A claim may begin with an investigation and negotiations with the insurance company. Filing a lawsuit can become appropriate when fault is disputed, the insurer denies responsibility, the available settlement does not reasonably reflect the damages, or important issues cannot otherwise be resolved.
For someone injured in a Maitland car accident, the better question is often not simply, “Should I sue?” but “What is the most appropriate way to pursue compensation in my case?”
You May Not Need to File a Lawsuit Immediately
A personal injury claim and a lawsuit are not necessarily the same thing.
An attorney may first investigate the collision, obtain records, determine available insurance coverage, document the injuries, and submit a claim or settlement demand.
If the parties reach an acceptable settlement, a lawsuit may never need to be filed.
When Might a Car Accident Lawsuit Be Worth Considering?
Several circumstances can make litigation more likely.
The Insurance Company Disputes Fault
An insurer may argue that its driver did not cause the collision or that the injured person shares responsibility.
Because Florida uses a modified comparative fault system for many negligence claims, disagreements over fault can have a major effect on compensation.
Your Injuries Are Serious
A claim involving surgery, permanent impairment, future medical treatment, substantial lost wages, or diminished earning capacity may require a more detailed evaluation than a minor injury claim.
Settling before the full extent of those losses is understood can make it difficult to evaluate whether an offer adequately compensates the injured person.
The Settlement Offer Does Not Reflect the Damages
An insurance company and an injured person may have very different opinions about what a claim is worth.
If negotiations do not produce a reasonable resolution, litigation may provide a process for obtaining evidence, presenting expert testimony, and ultimately asking a judge or jury to resolve disputed issues.
If you are evaluating a settlement offer, it can also help to understand how much of a $25,000 car accident settlement you may actually receive after fees, costs, and medical balances are addressed.
Multiple Parties May Be Responsible
Some collisions involve more than two drivers.
Commercial vehicle accidents can also involve employers, vehicle owners, contractors, or other businesses. Determining who may be legally responsible can significantly affect the strategy of the case.
Is Suing Always the Best Choice?
No.
Litigation can require additional time, evidence, depositions, expert testimony, court proceedings, and expenses. Every case should be evaluated individually.
The potential value of the claim, strength of the liability evidence, available insurance, cost of litigation, severity of the injuries, and likelihood of obtaining additional compensation can all influence whether pursuing a lawsuit makes sense.
How Long Do You Have to Decide?
Florida generally provides a two-year limitations period for negligence actions, although different claims and circumstances can involve different deadlines.
Waiting until the deadline approaches can create other problems. Surveillance footage can be erased, witnesses can become difficult to locate, and physical evidence can disappear.
Should You Sue After a Maitland Car Accident?
The answer depends on what happened and how the insurer responds.
If the claim can be resolved fairly through negotiations, litigation may not be necessary. If liability is disputed or reasonable compensation cannot be obtained, filing a lawsuit may become an important option.
Kennon Law’s Maitland car accident attorneys evaluate car accident claims, available insurance coverage, liability evidence, injuries, and damages to determine what options may be appropriate.
Contact Kennon Law for a free consultation about a Maitland car accident.