After a serious car accident, there’s nothing people want more than to heal from their injuries and move forward in life. But sky-high medical bills and lost wages from time off work can leave crash victims with significant financial hardships. Filing a car accident lawsuit in Florida may be your best chance for recovering compensation if you’ve been hurt.
But how long does a car accident lawsuit take? That’s the first question potential clients ask when they meet with a personal injury lawyer. It’s also the most difficult one for an attorney to answer. Some car accident claims settle within a few months. Others take years. It all depends on the facts of the case.
If you or someone you love suffered injuries in a crash, reach out to the car accident lawyers at the law firm of Zervos & Calta, PLLC today. We can review your case and discuss a potential timeline in a free consultation.
We know you want results that matter. So do we. Call or contact us now for your free case review.
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How Long Does a Florida Car Accident Lawsuit Take?
The process for seeking compensation in Florida starts with filing an injury claim with your auto insurance company. As a no-fault insurance state, motorists must first turn to their own Personal Injury Protection (PIP) coverage to cover crash-related losses.
However, there’s no guarantee that your PIP benefits will reimburse you for the full extent of your losses. A no-fault claim only provides medical benefits up to a certain amount and replaces a portion of your lost wages. Seriously injured victims can quickly exhaust their policy limits and be left wondering how they can afford the leftover expenses. That’s when it’s time to consider a car accident lawsuit.
Florida law allows crash victims to file a personal injury lawsuit if another party’s negligence caused the accident and the injuries meet the state’s serious injury threshold. Victims qualify if their injuries led to:
- Significant and permanent loss of an important bodily function
- Permanent injury (up to a reasonable degree of medical probability)
- Significant and permanent scarring and disfigurement
- Death
A car accident lawsuit has its advantages. You could be compensated for additional losses that aren’t possible through a no-fault insurance settlement, like excess medical bills and pain and suffering. But it is also riskier. It’s wise to speak to a Florida car accident lawyer before taking any action on your own.
What Are The Steps to Take After an Accident?
You can start to protect any future legal claim immediately after the car accident. First and foremost, seek medical care and treatment. You need proof of injury and medical records to support a car accident claim. But most importantly, you need to ensure all of your injuries are diagnosed and treated.
If you’re able, take photos and video of the crash scene. Get the names and insurance information of everyone involved and contact details for any witnesses.
Finally, contact an experienced car accident attorney. At the law firm of Zervos & Calta, PLLC, we can start an accident investigation right away. You can focus on your injuries without worrying about getting the evidence you need for a solid claim.
Why Would Some Insurance Companies Refuse to Settle?
Suppose you meet Florida criteria to file a car accident suit. Your car accident lawyer filed a third-party claim with the at-fault driver’s insurance company. Now it’s time to settle.
The best-case scenario is for the insurer to negotiate a full and fair car accident settlement with you. It’s quicker and avoids the costs and risks of trial. However, insurance companies are stubborn. Reasons why insurers may refuse a car accident settlement include:
- Higher case value: Serious injury claims involve greater losses, driving up a case’s value. Insurers want to keep payouts low, so they’ll work hard to minimize your claim.
- Disputes over fault: The insurance company may reject a settlement if questions arise over who is to blame for the collision. Multi-vehicle accidents often result in contested claims over fault.
- Strength of the evidence: You must demonstrate compelling proof of the other party’s negligence. Insurance companies may not be satisfied with the quality of the evidence you initially provided.
- Maximum medical improvement (MMI): Some car accident victims never fully recover. But an insurance company may be reluctant to pay unless the victim has reached MMI, the best possible condition expected based on the severity of the injuries.
When settlement talks break down, your car accident lawyer may recommend filing a car accident lawsuit to push for a fair outcome for you.
What Is The Timeline for a Florida Car Accident Lawsuit?
Expect your case to take longer once it hits the lawsuit stage. Litigation requires more preparation from both sides, and court calendars get clogged.
- Pretrial phase: Formal complaints are drafted and answered. Attorneys from both sides begin the discovery process, gathering additional evidence to build their cases. Parties may try to settle through mediation with the help of a neutral third party. Advancing to the pretrial stage may encourage the insurance company to increase its settlement offer once its attorneys see the strength of your evidence.
- Trial: If settlement talks fail again, the case advances to trial. Straightforward cases may only take a day or two. But more complicated cases may take more time for a judge or jury to decide.
- Appeals: Let’s say the other side wins. You aren’t out of luck. You may be able to appeal the decision to a higher court. However, you can’t appeal just because you’re unhappy with the verdict. You must show that a legal error may have impacted the outcome.
In Florida, you have two years from the date of the car accident to file a lawsuit. This is known as the Statute of Limitations. It’s best to hire a lawyer well before the deadline expires. Giving your legal team ample time to investigate and build your case cannot guarantee you’ll win, but it can help your attorney present the strongest possible case in court. The ultimate decision is left with the judge and jury.
Contact a Personal Injury Lawyer in Florida Today
Did you suffer serious injuries in a car accident that wasn’t your fault? Turn to the law firm of Zervos & Calta, PLLC to learn your legal rights. Obtaining maximum compensation after a crash can be difficult, but our proven team of attorneys can fight for the money you deserve.
A free consultation is just a moment away. Call or contact us now to speak with a Florida car accidents lawyer.
About the Author
Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.
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