Resolving Florida Boat Accident Cases: Settlements vs. Going to Court

Boat accidents can bring about unexpected changes, including serious injuries, property damage, and financial loss. Living in Florida, where boating is popular, it is easy to understand why boat accident cases happen regularly. If someone is involved in a boat accident, they may wonder about the best way to handle the situation. Should they settle the case outside of court or pursue it through legal proceedings? This choice depends on several factors that can greatly affect the case’s outcome.

When people are involved in a boating accident, they should understand the differences between settling a case and going to court. This understanding can help them make informed decisions about how to resolve their claim. By looking closely at both methods, boat accident victims can determine which option may work best for their unique situation. This discussion will explore each option’s benefits and challenges so individuals can see how these methods might meet their needs. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Settlements in Boat Accident Cases

Settling a boat accident case outside of court means that both sides involved in the accident agree on a fair solution without going to trial. Often, insurance companies or lawyers work out a settlement amount that both the injured party and the person or company at fault can accept. Settlements are common in boat accident cases because they save time and money for everyone involved. The process generally requires both sides to negotiate terms, which includes agreeing on an amount that will cover medical bills, lost wages, pain and suffering, and other damages.

One benefit of settling a case is that it can lead to a faster resolution. Trials can sometimes drag on for months or even years, especially when there are disputes about who is at fault or how much compensation is fair. By settling out of court, individuals can often receive the funds they need sooner. Settlements can also be less stressful because they avoid the tension that comes with a court battle.

Another important reason many people prefer settlements is the predictability of the outcome. Going to court can bring risks because a judge or jury may not decide in favor of the injured party. In contrast, a settlement provides a guaranteed outcome where both sides have agreed to the terms. For boat accident victims, this certainty can offer peace of mind and financial stability. However, settlements may not always provide the maximum compensation possible, as insurance companies typically aim to minimize the amount they pay.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Considering Going to Court for a Boat Accident Case

Going to court is an option for those involved in a boat accident who feel that a fair settlement cannot be reached outside of court. In these cases, a trial allows the injured party to present their evidence to a judge or jury, who then decides the outcome. When going to court, each side has the chance to explain its side of the story. The injured party’s legal team can show evidence to support the claim, which may include details about medical expenses, the extent of injuries, or the cost of property damage.

Choosing to go to court may be necessary if the other side refuses to offer a fair settlement or if there is disagreement about who was responsible for the accident. During a trial, the judge or jury will carefully examine all the evidence before making a final decision. One benefit of going to court is the chance to receive a higher compensation amount. Sometimes, courts award more money to victims to cover not only medical expenses and lost wages but also to account for pain, suffering, and other long-term impacts.

However, going to court can also come with risks and drawbacks. Trials are usually longer and costlier than settlements, with legal fees and court expenses adding up over time. Additionally, court cases are public, which means details about the accident, injuries, and personal life may be disclosed. This lack of privacy can be uncomfortable for some individuals. It is also important to remember that going to court does not guarantee a positive outcome. Even with strong evidence, there is always a chance that the judge or jury may rule against the injured party.

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Evaluating the Benefits and Challenges of Settlements

Each approach has advantages and potential downsides that accident victims must weigh carefully. In a settlement, the main benefit is speed. Often, boat accident victims need compensation quickly to cover medical expenses, repair costs, or other urgent needs. A settlement allows both sides to resolve the case quickly, often in a matter of weeks or months. Furthermore, because both sides work together to reach a fair amount, settlements tend to be less stressful than court trials.

Another positive aspect of settling is that it usually costs less. Legal fees and court costs can add up if a case goes to trial. By settling, individuals may save money they would have otherwise spent on prolonged legal battles. The confidentiality of settlements is another factor many people find appealing. Unlike court trials, settlements are not public, so personal information remains private. This privacy can provide comfort and prevent unwanted attention, especially for those who may feel anxious about revealing details of the accident.

On the downside, settlements may sometimes lead to lower compensation than going to court could provide. Insurance companies, for instance, aim to save money and may offer less than what the victim truly deserves. This is why it is important for those considering a settlement to work with legal representation who can negotiate a fair amount. In the end, if both parties are willing to cooperate and agree on a fair settlement, this option may be ideal for resolving the case without further complications.

Examining the Benefits and Risks of Going to Court

Choosing to take a boat accident case to court is an important decision. For some, a trial provides a platform to fully explain the accident’s impact and seek justice. One of the biggest benefits of going to court is the possibility of a higher compensation amount. If a judge or jury rules in favor of the injured party, the court may award a large sum to cover not only financial losses but also pain and suffering.

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Going to court also allows individuals to hold the responsible party accountable, especially in cases where reckless behavior led to the accident. This accountability can bring closure for the victim and can potentially prevent future accidents. When someone wins a court case, it can send a message to the boating community about the importance of safe boating practices.

However, going to court comes with its own set of challenges. Trials are typically longer and more complex than settlements, requiring strong evidence, witness testimonies, and input. These steps can be time-consuming and costly, particularly if the case requires extensive investigation or testimony from accident reconstruction specialists. Additionally, a court trial can be emotionally draining, with long hours spent preparing for court appearances, answering questions, and facing cross-examinations.

Finally, a court ruling may not always be favorable. Even with convincing evidence, there is a risk that the judge or jury might side with the defendant. This uncertainty can make the process stressful for the injured party and may lead to disappointment if the court’s decision is not in their favor.

Choosing Between Settlement and Trial

Deciding between settling and going to court is a highly personal choice, influenced by various factors unique to each boat accident case. Factors like the severity of injuries, available evidence, and the willingness of both parties to cooperate can play an important role in this decision. Those who need quick compensation and prefer to keep the matter private may find that a settlement meets their needs best. However, for individuals seeking the maximum possible compensation or who wish to hold the other party accountable in a public setting, a court trial may be the more suitable path.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Each method has its own advantages, and individuals involved in a boat accident should work with an experienced legal team to evaluate their options. By examining the potential outcomes of both a settlement and a trial, victims can choose a path that aligns with their goals and financial needs. Although each situation is different, having a knowledgeable legal guide can provide the support necessary to make informed decisions in challenging times.

If you have been in a boat accident in Florida and are unsure about whether to settle or go to court, Serrano Law can provide the guidance and assistance you need. Understanding your rights and knowing the best path to compensation are key steps in your recovery journey. Contact Serrano Law today to discuss your options and find out how we can help you pursue justice and obtain the compensation you deserve.