If you are like most people, you might not like the idea of ever having to set foot in a courtroom. Just the thought of dealing with lawyers, judges, and juries, fighting a legal battle, facing all the stress that comes with legal proceedings, and the costs of a court battle can make the very thought of going to court intimidating.
Did you recently experience a car accident in Florida? Are you worried about going to court to get the compensation you seek? We have some good news for you from the get-go.
The chances of car accident cases making it to the trial phase to battle it out in court are quite slim. To give you an even greater sense of relief, none of the parties involved in dealing with car accident cases want to see matters go to court. With the right legal representation from Boynton Beach car accident lawyers, most auto accident cases tend to be settled through various steps.
Going to court for your auto accident case is still a possibility, but it is only the last resort.
If you are not too keen on the idea of taking your accident case to court by filing a case, here is what you need to know about the alternatives you can consider.
Claims Settlement Process
The first thing many people do to seek reparations for damages is filing a case against the at-fault party in the hopes of being awarded a settlement reflecting the damages they incurred. Florida follows a no-fault system when it comes to auto accident cases, and that means you have the opportunity to become financially whole again without the need to file a lawsuit.
Let’s suppose that your insurance coverage will not be enough to compensate you for all the damages you incurred due to the negligence of the at-fault party in the accident. In that case, you can file a claim to seek compensation from them. Fortunately, it is possible for you to file a lawsuit without taking matters to court. When you file a lawsuit, the at-fault party gets the opportunity to settle the case out of court by paying you a settlement amount. Provided that the sum offered to you is satisfactory and just, the case does not need to go any further.
You will work with your lawyer to meet with the defendant’s legal team and sort out all the details. There might be considerable back and forth between your legal teams to evaluate the damages the at-fault party has to pay. There are even chances that your insurance settlement might be enough to cover the damages, and you will not need to file a case against the defendant at all.
Whether you reach a settlement with your insurance company or seek reparations from the at-fault party through their insurance company, your auto accident case will most likely end at this stage. In the event that neither party can agree to terms, you may have to consider a few other options.
Involving a Mediator
Mediation is the process in which a legal case is decided by involving a neutral third party that can find an objective resolution to the situation fair to both parties. Involving a mediator requires both the parties to explain their perspective on the situation, providing evidence to back their claims. Meetings with a mediator can be formal and held in a law office, but you can simply have the meetings informally.
Mediation can be a great resort to sorting out your Florida auto accident case if both parties cannot agree on a fair settlement amount. Mediators are unbiased and offer a solution that is considered fair for both parties. Mediators serve primarily as a means to introduce conflict resolution to the case. However, they are not the ones who ultimately decide how your car accident case should be handled.
Using a mediator will most likely result in a favorable outcome. But let’s suppose that even a mediator cannot help you find a resolution to your case. There is one more option you can pursue before taking matters in front of a jury.
Finding an Arbitrator
Arbitration, like mediation, is another process that involves a third party to help you resolve matters. Unlike mediation, arbitration works more as a conflict resolution instead of a suggestion for both parties.
The arbitrator that both parties involve in the case will first listen to both perspectives and review all the evidence they provide. The arbitrator will then come up with a solution for them that will be considered the final resolution to the case. The arbitrator is an individual with more authority and is effectively considered a private judge.
Unlike mediation, arbitration is never an informal affair. You might not be sitting in front of a judge in the courtroom, but you will have to follow a set of regulations for this method. Using an arbitrator means that whatever decision they come to, it will be the final word on concluding the case. Arbitration is not the most popular method, but it can give you the quickest result for your car accident case.
If All Else Fails …
Going to an arbitrator is your final option to pursue if you do not want to take the case to court. If you know that you have a strong case against the other party, choosing arbitration will be the quickest way to come to a conclusion. Unfortunately, the other party might not agree to arbitration if they are also aware that their case is not solid. They will likely stick to offering a reasonable settlement instead of taking matters to court.
Suppose that both parties have strong cases and neither agrees to arbitration. Battling it out in court might be the final option. If you exhaust all the options and still cannot resolve the case, you will have no other option but to file a case against the at-fault driver. Filing a lawsuit will send a clear message to the at-fault party and their legal team that you are not going to let things go easily.
Having an experienced auto accident attorney on your side can benefit you. They are better equipped to help you determine the best course of action. Auto accident lawyers are also expert negotiators who will do their best to find a resolution to the case without going to court. However, the best lawyers will not shy away from representing you in court to fight your case for you if it comes down to it. Choosing the right lawyer for your car accident case in Boynton Beach will be crucial to getting the best outcome.
Finding an Auto Accident Attorney In Florida
Depending on the specifics of your case, you might never have to set foot in court to reach a favorable conclusion for your Florida auto accident case. Regardless of how things have to proceed, you should consider working with qualified Boynton Beach car accident lawyers. The right legal representation can help you navigate the complex legal waters of Florida’s injury laws.
Your attorney can give you sound legal advice on what course of action can increase your chances of getting the best possible outcome for your auto accident case. The chances are that you will need to file a claim with your insurance company to get a settlement. If the process becomes complex or your insurance does not provide enough coverage, you can resort to mediation or arbitration to settle the issue.
If all else fails, going to court might be the only option left available to you. Consider contacting Frankl Kominsky Injury Lawyers if you have experienced an accident. The auto accident attorneys in the firm boast a stellar track record for delivering desirable outcomes for such cases. You can rely on them to help you increase your chances of getting the settlement you deserve to cover all the damages you incurred in the accident.
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