You might be wondering, “Do I have to go to court after a car accident in Clearwater, FL?” you are not alone. The days and weeks following a car accident can be confusing, and you might be unsure of your rights regarding financial compensation.
An experienced Clearwater car accident attorney from Roman Austin Car Accident and Personal Injury Lawyers can discuss your legal rights and options when you contact us for a free case review at (727) 787-2500. We can investigate your accident, determine who is at fault, calculate your damages, and discuss ways to recover fair compensation.
Learn more about your legal rights and options when you call us for your free consultation.
How Can Roman Austin Car Accident and Personal Injury Lawyers Help With My Car Accident Claim in Clearwater, Florida?
If you were injured in a car accident in Clearwater, Florida, an attorney can explain your legal rights and options, including whether you will need to go to court. Roman Austin Car Accident and Personal Injury Lawyers has over 60 years of combined experience. We understand the ins and outs of car accidents and can guide you through the process while you focus on your recovery.
Our award-winning personal injury attorneys can help with your case by:
- Internally investigating your crash
- Calculating all of your damages
- Hiring experts to help as needed
- Negotiating on your behalf for a favorable settlement
- Filing a lawsuit against the at-fault party if necessary
We have recovered over $200 million on behalf of our clients. This process typically involves researching the case, identifying at-fault parties, reviewing insurance claims, and negotiating for maximum compensation. Learn more about how we can help when you call us for your free initial case review.
PIP Insurance in Florida
Florida is one of a handful of states that uses a no-fault system for car insurance. Drivers in the state are required to maintain Personal Injury Protection (PIP) insurance in case they are involved in an accident. The minimum insurance requirement is $10,000. You may turn to this insurance first after an accident, regardless of fault.
Filing a Claim Against the Responsible Party
PIP insurance provides only limited coverage, which is why many injured motorists must still consider filing an insurance claim or lawsuit against the at-fault driver. For example, PIP only provides payment for up to 80% of a person’s accident-related medical expenses and 60% of their lost wages, up to the policy limits.
Accident victims can recover compensation under Florida law for pain, suffering, mental anguish, and inconvenience from the at-fault party if they suffer any of the following types of injuries in an accident:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent disfigurement or scarring
- Death
An experienced personal injury lawyer can review the circumstances surrounding your accident to determine if you may be able to make a claim against the at-fault party. The insurance claim process generally involves several steps, including:
- Appointment of a claims adjuster to your case
- Investigating the cause of the accident and who is responsible for it
- Gathering evidence
- Insurance review
- Demand letter preparation
- Negotiations
Your lawyer can negotiate for maximum compensation on your behalf so you are fully compensated for all the losses you have experienced.
When Going To Court Is Necessary After a Car Accident
Most personal injury claims are resolved without the need to go to court. Your lawyer and the insurance company may be able to agree on a fair settlement, eliminating the need to go to court. When you accept a settlement, you forfeit your right to sue in court.
However, there may be some instances when it becomes necessary to go to court after a car accident, such as if the insurance company refuses to make a fair settlement offer or pay for your necessary medical care. Your lawyer may then file a lawsuit against the at-fault driver.
In some cases, this is enough action to show the insurance company that you are serious about your case, and it may spur the insurance company to make a fair offer. In others, you may proceed with the litigation process. At any point in the process, your claim may still be settled, eliminating the need to go to court.
Contact Our Experienced Clearwater Car Accident Lawyers for a Free Case Review
If you were injured in a car accident in Clearwater, Roman Austin Car Accident and Personal Injury Lawyers can help. We offer a free review to answer questions you have, including “Do I have to go to court after a car accident in Clearwater?”
We can review your case, discuss how to proceed with your claim for compensation, and explain how likely your case is to be settled out of court. Call us today for your free consultation.
Mark S. Roman
Board Certified Civil Trial Attorney and Founder
Mark S. Roman is the founder of Roman Austin Car Accident and Personal Injury Lawyers and a Board Certified Civil Trial Lawyer, a credential held by fewer than 2% of Florida attorneys. A Tampa Bay native, he has practiced throughout Florida since 1986 and founded the firm in 1996 to represent injured people in his hometown.
He earned a B.S. in Journalism from the University of Florida in 1981 and his J.D. from Florida State University College of Law in 1986. Mark is AV Rated by Martindale-Hubbell, holds a perfect 10 AVVO rating, and belongs to the Multi-Million Dollar Advocates Forum. He has served on the Florida Bar Grievance Committee for both Pinellas and Pasco counties, chairing the Pasco committee.
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