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Should I Take an Auto Accident Settlement or Go To Court?

Choose The Wiser Option!

Auto accident settlement is a common way to get money after a car crash in Brandon, Florida. When you’ve been in an accident, you have two choices: take the other driver to court or settle the case outside of court with an auto accident settlement. This article will explain when each option might be better for you.

If you’ve been in a car accident in Brandon, Florida, understanding auto accident settlement is key. These agreements involve the person responsible (or their insurance) paying you for damages like medical bills and pain and suffering. Settlements are common, and you can reach one before or even after a lawsuit is filed.

Short Summary

  • Determining Settlement Value: Car accident settlements vary based on factors such as pain and suffering, making it crucial to understand the range of potential values with the help of an experienced lawyer.
  • Alternative Dispute Resolution (ADR): Instead of going to court, consider methods like mediation or arbitration for quicker and cheaper dispute resolution.
  • Court Options: Depending on the scale of the dispute, small claims court or regular court may be appropriate, each with its own procedures and limitations.
  • Immediate Actions After an Accident: Vital steps include checking for injuries, contacting the authorities, gathering evidence, and seeking legal counsel to ensure rights are protected.
  • Factors Affecting Payouts: Various elements, including the severity of injuries, fault determination, and insurance coverage, impact the compensation amount in auto accident settlements.
  • Dealing with Multiple Injuries: While typically receiving a lump sum for all injuries, negotiating separate amounts is possible with the assistance of a specialized attorney.
  • Exceeding Insurance Limits: In cases surpassing insurance limits, Florida’s comparative negligence law affects the compensation amount based on fault percentages.
  • Choosing Settlement vs. Litigation: Whether to accept an insurance offer or pursue litigation depends on various factors, with experienced legal guidance essential in making an informed decision.

Should I Take an Auto Accident Settlement or Go To Court?

Car accident injuries can be expensive.  After an accident, you might wonder how much money you can get from the insurance company.

There isn’t a set amount for injury claims.  Instead, the value can fall within a range, depending on the details of your case.  This is where a lawyer’s experience comes in really handy.

Car accident settlements can include money for things like pain and suffering.  These are hard to put a price tag on because they aren’t based on bills or receipts.  There’s no exact amount a case is ‘worth’ because of this.  Instead, the value falls within a range, like somewhere between $40,000 and $60,000.

Knowing the range of your claim’s value helps set your settlement goals.  In a case worth $40,000 to $60,000, you’d aim for a settlement somewhere between those numbers, ideally closer to the higher amount.

Looking for alternatives to filing a lawsuit?

Thinking about going to court? There are other ways to resolve disputes that can be quicker and cheaper. These are called alternative dispute resolution (ADR) methods. Mediation and arbitration are two common types of ADR. 

  • Arbitration is like having a referee listen to both sides and decide the case, with or without the option to appeal the decision afterwards. 
  • Mediation is more like getting a helper to improve communication and find a solution that works for everyone involved, which can be useful for friends, family, or business partners who want to settle things themselves. 

Considering your options for heading to court?

Did you know there are special courts for smaller disputes? These courts, sometimes called “limited jurisdiction” courts, can only handle cases involving lower amounts of money.

  • Small claims court: In some states, you can’t have a lawyer in small claims court, so you have to argue your case yourself. Even if lawyers are allowed, the amount of money involved might be too small to make hiring one worthwhile. Small claims court is less strict with the rules compared to regular court. Imagine a courtroom like on TV, but with real judges and no theatrics – that’s small claims court.
  • Regular court: This is the court for bigger disputes where you can sue for more money than the limit in small claims court. The process is slower, more expensive, and involves more complex rules. But, you can potentially win a larger amount of money.

I Got Involved in an Auto Accident. What Now?

Being in a car accident can be scary and confusing. If you’re ever in one in Brandon, Florida, there are important steps to take:

Check on everyone and don’t leave!

  • See if anyone is hurt and call for help if they are. You might not feel pain right away because of the shock, but get checked by a doctor anyway, even for minor injuries to get your injuries in a medical report. Keep all the doctor bills and all other important documentation because you might need them later if you decide to sue the person who caused the accident.

Call the police

  • Report the accident to the authorities and get a copy of the police report when it’s ready. This will help if you decide to sue.

Take pictures or videos with your phone

  • These will help your lawyer if you decide to sue. Photos can be crucial evidence to show the location of vehicles, damage extent, traffic signs, and even weather conditions.

Swap info with the other driver

  • Get their license plate number, insurance info, name, address, and phone number. Give them yours too.

Get the names of the witnesses

  • Also, get the names and numbers of anyone who saw the accident. People who saw what happened (witnesses) can be important sources of information in an accident case. Their testimony can help prove exactly how the accident went down. 

Get a legal counsel

A lawyer can help you get what you deserve after an accident. They can make sure your rights are protected and that you get the money you’re owed. Lawyers know the law and can help you deal with the court system, which can be confusing.  They can also help gather any evidence you need to win your case.

Notify the insurance company

In most cases, if you have a car accident, you need to let your insurance company know. They can help you with the paperwork and other steps to file a claim. Florida law might also say you can get money from your insurance policy to cover your accident costs.

What Affects Your Payout in Auto Accident Settlement?

If you got injured in a car crash in Florida, you’re likely wondering how much compensation you can get from a settlement. There’s no definite answer because every case is different. But, settlements in Florida car accidents can range from a few thousand dollars to millions of dollars, depending on how badly you’re hurt.

Many legal terms can be confusing after a car accident. An auto accident settlement is the money you receive from the at-fault driver’s insurance company to cover your losses. Here’s a breakdown of some key things that can affect how much you get:

  • How bad you’re hurt: This includes both the seriousness of your injuries and the cost of medical care.
  • Who caused the accident: If you’re partly to blame, it can affect your payout.
  • The other driver’s insurance: The amount of coverage they have limits how much you can get.
  • Your own insurance: Uninsured/underinsured motorist coverage can help if the at-fault driver doesn’t have enough insurance or no insurance at all.
  • Other damages: This includes things like pain and suffering, lost wages, and future medical expenses.

Curious about the Ins and Outs of Settlements for Auto Accident Settlement with Multiple Injuries?

If you get hurt in a car accident and have multiple injuries, you might wonder if you can get money from the other driver’s insurance for each separate hurt. The answer is that it depends on how serious your injuries are.

Normally, you’ll get one total amount of money to cover all your injuries. This amount will depend on a few things, like how much medical care you need, how bad each injury is, and how the injuries affect your life, such as missing work or being in pain.

While it’s possible to negotiate a separate amount for each hurt, it’s not very common.  An attorney who specializes in car accidents can help you figure out the best way to negotiate to get the most money possible.

Be careful! The other driver’s insurance company might try to give you less money overall by offering a lower amount for each of your injuries.

What unfolds if a Car Accident Claim Surpasses Insurance Limits in Florida?

In Florida, if the other driver caused the accident, you can sue their regular car insurance to get more money. But there’s a catch: Florida has a law called “modified comparative negligence.” This means that if you were also a little bit at fault for the accident, the money you get might be reduced depending on how much your fault it was.

For example, let’s say the crash was 30% your fault and 70% the other driver’s fault. The total amount of money you could get for your doctor bills, missed work, rehab, and car damage could be reduced by 30% because you were partly to blame.  However, if it was mostly your fault (more than 50%), you wouldn’t get any money at all. 

Get Compensated Today!

Many people wonder if they should accept the insurance company’s offer after a car accident. This choice often comes down to money. Your experienced personal injury lawyer can advise you on what your case is worth. 

If you’re unsure about whether to accept an insurance offer after a car accident, Golden Injury Attorneys can help. Our experienced legal team will consider all the details of your unique situation to advise you on the best course of action. We’ll help you decide if settling the case with the insurance company or going to court is the right decision for you.

In addition to personal injury matters, we also handle cases related to workers’ compensation and social security. Get a free initial consultation today to discuss your options!

Florida Injury Attorney



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