Filing a Lawsuit vs. Settling Florida Car Accident Case Dilemma

If you’ve been in a car accident in Florida, you’re likely feeling overwhelmed and uncertain about what steps to take next. Navigating the aftermath of an accident is difficult, and the decision on whether to file a lawsuit or settle can add even more stress to the situation. If you find yourself in this position, rest assured that you don’t have to face these tough decisions alone. We understand the emotional and physical toll that a car accident can take, and we are here to provide the support and legal guidance you need during this challenging time.

At the heart of many car accident cases, the decision to file a lawsuit or settle can be a dilemma. Both options have their benefits and risks, and choosing the right path for your situation depends on several factors. In this blog, we’ll explain the differences between these two approaches and help you understand what might be best for your Florida car accident case.

Understanding Your Legal Options After a Car Accident

After a car accident, you may have suffered injuries, damage to your vehicle, or both. You might be considering whether you should take your case to court or if it’s better to settle with the insurance company. Understanding your legal options is crucial to making an informed decision.

When it comes to resolving car accident cases, most people think of two primary paths: filing a lawsuit or settling out of court. Both paths can lead to compensation, but they work in very different ways. Settling usually involves negotiating a fair payment with the insurance company or the other driver’s legal team. On the other hand, filing a lawsuit means taking your case to court, where a judge or jury will decide the outcome.

While settling can be quicker and less stressful, it’s important to ensure that the settlement offer is fair and fully addresses the extent of your injuries and damages. A lawsuit might take longer and be more complicated, but it can sometimes result in a larger settlement if the case goes in your favor. Understanding how these options work will help you decide which approach is best for you.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Benefits of Settling a Car Accident Case in Florida

One of the main reasons many people choose to settle a car accident case is because it is usually quicker and less stressful than going to court. When you settle, you negotiate directly with the insurance company or the responsible party, which can often result in a faster resolution. This means you may receive compensation sooner, which can be a relief if you’re dealing with medical bills, lost wages, and other financial burdens caused by the accident.

Settling also gives you more control over the outcome. When you negotiate a settlement, you can choose the terms and decide whether the offer is acceptable. Unlike a lawsuit, where the outcome is uncertain and decided by a judge or jury, settling allows you to have more influence over the final decision.

Another benefit of settling is that it avoids the complexities and expenses of a trial. A court case can be time-consuming and costly, with legal fees and the potential for delays in the proceedings. If you choose to settle, you won’t have to worry about these additional costs.

However, while settling can be beneficial, it’s important to be cautious. Insurance companies are often motivated to pay as little as possible, and you may be offered less than your case is truly worth. This is where having an experienced car accident lawyer on your side can make a significant difference. A lawyer can help you evaluate whether the settlement offer is fair and negotiate for a better deal if necessary.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Benefits of Filing a Lawsuit for Your Car Accident

While settling can be a quicker option, filing a lawsuit might be the better choice in certain situations. If you have sustained serious injuries or if the settlement offers are not sufficient to cover your expenses, going to court may be necessary. A lawsuit allows you to pursue full compensation for your medical bills, lost wages, pain and suffering, and other damages that you have incurred due to the accident.

Filing a lawsuit can also give you the opportunity to have your case heard by a judge or jury. If you feel that the insurance company or the at-fault party is not taking responsibility for the accident, a lawsuit can ensure that the matter is taken seriously. It also allows you to present evidence and argue your case in front of a judge or jury, who may be more likely to award you a larger settlement than what you might receive through a settlement.

However, filing a lawsuit can be more time-consuming and expensive than settling. Court cases can take months or even years to resolve, and the process can be emotionally draining. It’s also important to note that there is no guarantee of success in a lawsuit. A judge or jury may not rule in your favor, and you could end up with no compensation at all.

Despite these challenges, if you feel that your case is strong and that a settlement offer is not fair, filing a lawsuit may be the best option to ensure that you receive the compensation you deserve. Having a skilled attorney by your side during this process can greatly improve your chances of success.

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How to Decide Between Filing a Lawsuit and Settling

Deciding whether to file a lawsuit or settle is a personal decision, and there is no one-size-fits-all answer. The best course of action depends on several factors, including the severity of your injuries, the strength of your case, and the offer you’ve received from the insurance company.

If you’ve suffered minor injuries and the insurance company has made a fair offer, settling may be the faster and easier option. However, if your injuries are severe or the settlement offer doesn’t cover all of your expenses, filing a lawsuit may be necessary to pursue the compensation you need.

Working with an experienced car accident lawyer can help you evaluate the strengths and weaknesses of your case. A lawyer can advise you on the best course of action based on the specifics of your situation and ensure that you are making an informed decision.

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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Why You Need Legal Help for Your Car Accident Case

Navigating the legal complexities of a car accident case is challenging, especially when you’re dealing with insurance companies, medical bills, and recovery from injuries. That’s why having an experienced car accident lawyer on your side is crucial. A lawyer can help you understand your legal options, negotiate with insurance companies, and, if necessary, represent you in court.

Whether you choose to settle or file a lawsuit, having a lawyer with experience in car accident cases can make all the difference. At our firm, we are dedicated to helping you get the best possible outcome for your case. We understand the stress and uncertainty that comes with a car accident, and we are here to guide you through every step of the process.

If you’re facing the difficult decision of filing a lawsuit or settling after a car accident in Florida, our team is here to help. We will work with you to assess your case, understand your needs, and help you choose the best course of action. We are committed to helping you get the compensation you deserve for your injuries and damages. Contact us today for a consultation and let us fight for your rights.

To learn more about this subject click here: Understanding the Role of Attorneys in Florida Car Accident Cases