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Do I Have To Go To Court After a Car Accident in Miami, FL?

Car accident victims often have many questions following the collision. You may know that compensation might be available to you following a car accident in Miami, Florida, but you might be hesitant to make a claim because you are concerned about possibly having to go to court. 

A knowledgeable Miami car accident lawyer from Shaked Law Personal Injury Lawyers can answer any questions you have following a collision, including whether you have to go to court. 

We offer a free, no-obligation case review to all new clients. Call our law office to schedule your free consultation at (305) 937-0191

How Our Miami Car Accident Lawyers Can Help You With Your Claim

How Our Miami Car Accident Lawyers Can Help You With Your Claim

Before worrying about going to court, it is crucial that you select a qualified Miami car accident attorney who can help with your claim. 

While you have the choice of lawyer, Shaked Law Personal Injury Lawyers has more than 100 years of combined legal experience, including a double board-certified attorney and Top 100 Trial Lawyers. 

If we take on your case, we’ll use our full resources to help with every aspect, including:

  • Conducting a thorough investigation to determine the cause of the car accident
  • Identifying all potentially liable parties 
  • Reviewing all applicable insurance policies
  • Consulting leading experts who can further substantiate your claim
  • Negotiating aggressively for fair compensation 
  • Advocating for your rights in court, when necessary

We want to help you get onto the path of recovery. Contact our Miami, FL law firm today for a free case review. 

What Are Florida’s Laws Regarding Car Accidents?

According to the Florida Office of Insurance Regulation, Florida is one of ten states that has a no-fault insurance system. Under this system, all registered vehicle owners in the state must purchase personal injury protection (PIP) coverage. This coverage makes each individual responsible for their own injuries in a car accident, regardless of who is at fault for the collision. 

The purpose of the no-fault system is to reduce the delay in payments to insured drivers and prevent frivolous claims from flooding the court system. However, attempts have been made to change the law. Nonetheless, Florida still uses the no-fault system at this time of publication. 

All registered Florida vehicle owners must have the following types of auto insurance coverage:

  • Personal injury protection (PIP) – All owners must have $10,000 in PIP coverage. PIP covers 80% of all necessary and reasonable medical expenses and up to 60% in lost wages.
  • Property damage liability (PDL) – All owners must have $10,000 in PDL coverage that pays for damages to another person’s property while you or someone else was driving your vehicle. 

These are minimum amounts; more insurance can be purchased. 

Because Florida is a no-fault state, most car accident cases do not have to go to court. Each injury victim turns to their own PIP insurance for coverage. However, if a person suffers a serious injury in the crash, they likely have expenses exceeding their PIP coverage. 

They can file a lawsuit against the at-fault driver if their injury:

  • Results in death
  • Causes significant or permanent loss of a central body function
  • Results in disfigurement or scarring
  • Causes total or partial disability 

An experienced Miami car accident lawyer can explain the claims process to you and advise whether going to court is a smart move. 

What Is the Car Accident Claim Process in Miami, FL? 

You will likely need to work through many steps in the car accident claim process before ever considering whether or not you should go to court. 

Some of the steps in the claim process include:

  • Investigation – After you file a claim with the insurance company, an adjuster will be assigned to the case and begin an investigation. If you hire a car accident lawyer, your lawyer can conduct their own independent investigation. They may review your accident report, interview witnesses, review photos or videos of the scene, and look over your medical records.
  • Demand – Your lawyer will continue to gather information relevant to your claim, including evidence of your injuries and losses. Your lawyer can prepare a written demand letter that requests the payment of a certain amount of money based on the particular facts surrounding your accident claim.
  • Negotiation – The insurance company may not agree to pay the full amount your advocate demanded, but they might make a counteroffer. Your lawyer can advise you whether to accept this amount, counteroffer again, or proceed to trial. 

If your PIP insurance does not adequately compensate you for the losses you suffered, you and your lawyer can discuss the possibility of preparing a lawsuit. Even if your lawyer ultimately files a lawsuit, there are still more steps to complete before any trial, including preparing your case paperwork, conducting discovery, and participating in settlement negotiations. 

The vast majority of Miami car accident cases do not ultimately end in court, and the parties are free to resolve their case through a settlement at any time in the process. Nonetheless, if you need to file a car accident claim, you might want to work with a lawyer who has trial experience in the event your case goes to court. 

Contact Our Miami Car Accident Lawyers for Answers and Assistance 

If you were injured in a Miami car crash and have questions, Shaked Law Personal Injury Lawyers is here to help. We can answer any questions you have, address your concerns, and advise you of your legal rights and options. Call us for your free case evaluation.