Whether you’ve been involved in a car accident or a personal injury case, the thought of going to court can seem very intimidating. If thoughts of courtrooms, judges, juries, and lawyers presenting evidence scare you, know there are alternatives to going to court in an accident case.
Your case making it to trial is often the last resort. To ease your mind further, most accident cases are settled through several steps before this one.
Don’t want to sue in your accident case? Here are alternatives you can consider.
People mostly sue the other party responsible for the accident in hopes to seek extra compensation for their case. However, since Florida is a no-fault state when it comes to car accidents, it’s possible to receive a fair amount of compensation through claims.
Personal injury cases work a little differently since you will be seeking compensation from the other party directly. You can still file a lawsuit against the defendant without your case going to court. During the process of filing a lawsuit, the other party has a chance to pay a settlement before you find yourself in front of a jury.
You and your lawyer can sit down with the defendant and their lawyer to hash out the details and hopefully reach a settlement figure the defendant is willing to pay. If your insurance settlement ends up being enough and helps to settle your case, there may be no need to take further steps.
You can also try to reach a settlement with the other party. Having your lawyer reach out to the defendant and their lawyer to come up with a monetary agreement is a great way to try and skip the courtroom process.
Reaching a settlement with the responsible party works the same as receiving a settlement from your insurance company. The other party agrees to pay you a certain amount based upon the amount you agree upon.
If the process becomes complex or your insurance does not offer you enough, you might have to look at other options.
In legal terms, mediation is when a neutral third party comes in and helps decide the case. Using a mediator requires both parties to meet with their lawyers to discuss their side of the story and present evidence. Your meetings could also be informal where the mediator takes notes.
Using mediation can be a good thing for your case. They can be timely, and usually, mediators have patience and are unbiased, which means every party involved gets a fair chance.
Mediators are mainly used to help both parties come to an agreement on their own. It is not up to the mediator to decide how the case is handled; moreover, it’s used for conflict resolution.
Arbitration is similar but a little bit different. Unlike mediation, the arbitration process is to find a solution from a third party.
The arbitrator will listen to both parties present their sides and, based upon evidence, come up with a solution for them. An arbitrator is also known as a private judge. Because of this, an arbitrator has more authority than a mediator to establish a final solution for the case.
While you are not sitting in a courtroom in front of a “big” judge, there are still regulations to follow if you use this method. For instance, using an arbitrator may mean all decisions are final for both parties. If you know you have a strong case, this could be the best option for faster results.
When All Else Fails: Lawsuit
Arbitration may be your best bet at skipping trial but still going through a trial-like process. It is best to consult with your hired Boca Raton Personal Injury Lawyer to determine which method is right for you.
If you cannot come up with a solution, filing a lawsuit could be the solution. Filing a lawsuit against the other party sends the message that you mean business and potential legal obligations could be upon the horizon.
If you are in an accident case where the other party cannot afford to go to trial, a lawsuit can be a quick way to reaching a settlement with the defendant. Or, unfortunately, it could be the start of your case making it to trial if none of the other options seem to work.
What Happens in Court
If you tried your best to not end up in court but had no other option, knowing what to expect can help ease your apprehension. The most work you will have to do in a courtroom is sit beside your lawyer to prove your position.
Your lawyer will be the one to get up in front of the judge and jury to present your evidence and make a claim for your position. The defendant’s lawyer will do the same thing, and then the jury will decide who is at fault and how much the plaintiff should be awarded.
If you go to court over a personal injury case, it will be the jury’s duty to award the plaintiff their settlement, depending on a few factors. The jury will look at several factors such as conditions before the wreck, physical impairments suffered from the wreck, and other losses you encountered as a result.
If you are in court for a car accident, the jury will also look at the defendant’s responsibility before deciding how much to award the plaintiff.
Get Advice from An Attorney
Another great way to ease any apprehension you may have of going to court is to get the help of a trustworthy Boca Raton Personal Injury Lawyer.
Even if your case does make it to court, you will not be responsible for doing anything since your lawyer will take the lead. But until your case reaches that point, your lawyer can advise you on what steps to take to try and avoid filing a lawsuit.
Lawyers can also serve as great legal advice advocates and help you seek extra compensation out of settlements with your insurance company or the other party if necessary. They possess the skills necessary to help you seek a higher settlement, especially if they find that the insurance company is treating you unfairly.
Find A Legal Representative to Work With
Navigating the legal world can be very intimidating to take on by yourself. That’s why we want to help.
Frankl Kominsky Injury Lawyers is a firm that has 40 years in the practice of handling cases just like yours. We have seen it all from mediations, arbitration, and court settlements. Working with us means having a professional on your side to help you seek the compensation you deserve as seamlessly as possible.
You can start today by calling our Boca Raton, Florida number at (561) 800-8000 or visit us online to fill out our free case evaluation form. From there, we will set up a time for your free consultation where you will get to come in and meet one of our attorneys by appointment.
Don’t let the intimidation of the courtroom keep you from seeking the justice you deserve. Contact us today to get your case started.