Car accidents can happen in a blink of an eye, drastically altering the victim’s lives. If you have been injured in a Florida car accident, you may be considering filing a personal injury claim to seek compensation for the full extent of your losses. The legal process can be complex and overwhelming to face alone, leaving many individuals unsure of the possible outcomes when they file their claims. Fortunately, a skilled attorney can guide you through every step of the intricate claims process as they fight for your rights and interests. While most car accident claims are settled outside of court, others proceed to trial, where either the plaintiff or defendant will win the case.
If you are considering pursuing a car accident claim, having a talented attorney in your corner is critical. At Wooten, Kimbrough, Damaso & Dennis, we have a proven track record of helping our clients recover the maximum compensation available for their car accident claims in Florida. We understand the unique complexities of Florida law and will fight aggressively for the damages you need to get back on your feet after an accident.
The Possible Outcomes of a Car Accident Personal Injury Claim
Although no two car accident cases are exactly alike, they often resolve in similar ways, including the following:
The Case Is Settled Before Trial
The most common way for a personal injury case to resolve is with a pre-trial settlement. This allows both parties to avoid the delays and expenses of litigation. Pre-trial settlements also help prevent the risk of the plaintiff losing the case at trial and receiving nothing. However, the plaintiff forfeits their right to any further legal action against the defendant when they accept a settlement offer.
It’s important to note that the vast majority of cases are settled before trial. In fact, only about 3 to 4 percent of personal injury cases go to trial, according to the Bureau of Justice Statistics. Nevertheless, it’s crucial that your attorney go about the car accident case process under the assumption that the case will go to trial, as that is how you will get the best settlement offers from your insurance company.
The Plaintiff Wins
When the plaintiff and defendant cannot agree on a fair settlement, the case will proceed to trial, where attorneys on both sides will present their arguments and evidence. If the plaintiff wins, the court has officially found the defendant liable for the accident. The court will then award the plaintiff the amount of monetary compensation they deem appropriate for their injuries and other losses.
The Defendant Wins
If the case proceeds to trial and the defendant wins, the plaintiff will not receive any compensation. This potential outcome often scares car accident victims from pursuing a claim. At Wooten, Kimbrough, Damaso & Dennis, we take cases on a contingency fee basis, meaning we do not collect our fee until we win your case. In other words, you can pursue a car accident claim at no risk to you.
A Compromised Result
In many car accident cases, determining fault is not always straightforward, leading to outcomes where neither party wins outright. Various factors, such as conflicting witness statements, ambiguous traffic camera footage, or both parties having some degree of negligence, can muddy the waters of clear liability. Additionally, when both drivers have committed traffic violations or errors in judgment, they may share responsibility for the accident under comparative or contributory negligence laws, which vary by jurisdiction.
The Case Is Appealed
While verdicts of trial courts are presumed to be correct, the plaintiff or the defendant can file an appeal if they believe there was an error in the initial ruling. Appeals are typically rare in personal injury cases due to the high standard of proof required to show that the court made an error.
Discuss Your Case With an Experienced Car Accident Attorney at Wooten, Kimbrough, Damaso & Dennis
If you were injured in a car accident, you may have grounds to file a personal injury claim to pursue justice. Florida’s claims process can be challenging to navigate alone, making it vital to have an experienced attorney on your side. At Wooten, Kimbrough, Damaso & Dennis, our attorneys are dedicated to helping car accident victims recover compensation for their physical, emotional, and financial losses. When you partner with us, you can trust your attorney to advocate aggressively for your rights and interests.
To schedule a free consultation, call us today at (407) 843-7060 or complete our contact form.