A Tampa Auto Accident Attorney Discusses Settling or Going to Court

tampa auto accident attorney

For a Tampa auto accident attorney, there are a ton of questions that the victims have to deal with and figure out. For example, if you have a claim that you can take to court should you accept a settlement? Many drivers in Florida don’t have a bunch of options when it comes to closing up their claims. Typically, Florida drivers have to file through personal injury protection plans and then accept whatever their insurance provider decides to give them.

However, when crashes happen because of negligence or gross Reckless now it’s possible for them to take the crash claim to court. But whether you should go to court is a different matter. For many victims, more trouble to go to court and to spread out the process than it would be to wrap it up quickly with a settlement. But settling often means that you’re not getting everything that you should or could be getting from a clean.

Why Do So Many People Settle?

So many people settle insurance claims because they don’t want to bother with going to court. Not only is going to court more expensive, but it is time-consuming, can drag out the process, and might result in lower compensation.

Often people settle their claims outside of court because they believe that it’s the best offer they’re going to get. It is possible, and sometimes likely, that going to court will result in getting less compensation from a court case than what was offered in a settlement. A judge will help decide the ultimate settlement and going to court may not always be an option.

In Florida, the no-fault system makes it extremely difficult for one driver to sue another for damages. Typically people settle crash claims with their own insurance provider and taking an insurance provider to court is not at all common.

Understanding Court Costs and Fees

Court fees and costs vary depending on the case, how long it takes, and can even come down to percentages of an award.  What typically happens is that a Tampa auto accident attorney will charge one fee, a contingency fee, to the victim. However, the percentage of contingency or what they take out of your award upon winning changes when you go from settlement negotiations to court.

When you go to court, you’re putting a lot more work on that attorney, and in exchange, they increase what they expect to recover from the case. If you’re worried about keeping as much of your compensation award as possible, going through with a settlement rather than to court can result in a more favorable outcome financially.

When Should You Go To Court?

Your insurance provider is not offering 80% of reasonable medical expenses or other elements required under Florida state law requiring personal injury protection benefits, then it’s time to head to court. You may need to file various complaints against the insurance provider and the matter in court before a judge.

Other times that you might go to court would include crashes that have drunk driving elements, excessively negligence speeds, and other extremely reckless situations. In those cases, your Tampa auto accident attorney will advise you if you’re filing a lawsuit directly against the other driver.

You do go to court, then you’ll need to work closely with your Tampa auto accident attorney to make sure that you’re properly prepared. You don’t want to show up to court and not understand how the process works.  The process of going to court often involves using evidence and documents that already exist as part of the claim. Your demand letter and evidence from the crash will tie into this preparation step.

Talk to Your Tampa Auto Accident Attorney at Winters Yonker

Your Tampa auto accident attorney will have the most direct answers for you as they pertain to your case. At the law offices of Winter and Yonker, we provide insight for our clients to help them make the decision of how they want to handle the claim. If you want to move forward and go to court, we will support that decision and take the claim to court for max compensation.

However, if you’re looking to wrap up the case quickly, then will aggressively negotiate for a settlement that covers your damages and addresses the recklessness of the crash. In the event that you are going through personal injury, protection insurance will work with your insurance provider to negotiate a settlement that will cover your damages and seems fair. Often PIP insurance providers struggle to deliver a reasonable settlement and it’s the victims that suffer.  Contact Winters & Yonker today.

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