What Happens When a Car Accident Claim Goes to Court?

June 16, 2022

You may wonder about the potential value of your car accident claim and what happens when it goes to court in Miami-Dade if you have to sue the driver at fault for causing your car accident and hire a car accident lawyer to help you recover any damages. Although car accident cases do not always have to go to court in every instance, there are some situations when it is the best option. It's important to know what to expect when you do get to this point.

What causes a Car Accident Case To Go to Court?

A car accident case doesn't have to be taken to court in many cases. A car accident lawyer will begin investigating your case and collecting evidence to prove your damages. The case can often be settled if the insurance company of the other driver and your lawyer reach a fair settlement. There are some situations where you might need to go to court.

These situations could make it possible for a car accident claim to be brought to court.

  • Your insurance company will not offer you fair compensation
  • Your lawyer can't negotiate with the insurance company to pay more for your damages, despite their best efforts.
  • The parties are unable to agree on who is at fault in the car accident.

Do not trust the insurance company

Insurance companies are not for profit businesses. They can try to settle a case with as little as possible. It's important that you know what "not" to say to other involved parties that could impact the value of your claim. Your attorney might recommend taking the case to court if they refuse to pay what you are owed or try to blame you.

What happens if a Car Accident Case goes to Court?

Both sides have the right to present their evidence in any personal injury case. A car accident lawyer can be very helpful at this point. A lawyer can help you prepare for trial by collecting evidence and presenting your case.

Presentation of evidence

The jury will require evidence to prove that the other driver caused your injuries or was negligent. Even if the jury is unsure about their decision, it's possible to win your case by being slightly in your favor.

There are many types of evidence you can present at trial

There are many types of evidence that a lawyer might present in a car accident case, including:

  • Interviews with witnesses
  • Interviews with experts, such as those from doctors who have treated you
  • Medical treatment records
  • Additional evidence to support your injuries
  • Accident reports

The at-fault driver's defendant and their lawyer can then cross-examine you and your witnesses, present objections to evidence and present their case. After the parties have presented their case, the jury will make the final decision.

Jury Deliberation

The case can be heard in some states by either a judge and/or a jury. The State of Florida allows car accidents and other personal injuries to be tried by a jury. Your lawyer will attempt to get the jury's sympathy for your case. An impartial jury can result in a greater award than you would receive otherwise.

Civil cases are injury claims. They are focused more on helping accident victims recover for their losses, rather than punishing or finding them guilty. A civil case is heard in a different court from a criminal case.

The jury will make a decision after both sides have presented evidence in the car accident trial.

  • Who was responsible for the accident?
  • How much you should get from your insurance company to cover your damages

If everything goes according to plan and your lawyer can present an accurate representation of the events, you may be able get a fair settlement. Most car accident lawyers will not take your case to trial, as lawsuits can be expensive. When interviewing potential lawyers to represent you, be sure to ask them questions to assess their experience and confidence in being successful in your case. Contact a car accident lawyer immediately if you have any questions.

If you or a loved one were recently injured in a car accident, contact our car accident lawyer for a FREE consultation . . . .

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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