Almost all car accident claims are settled quickly, often without you even filing a lawsuit. However, sometimes it is impossible for you to get fair compensation outside of court.
The auto accident attorneys at Colling Gilbert Wright have a long and impressive record of winning car accident trials in Orlando. We are known as The Florida Firm because of our outstanding reputation and commitment to the community. Most of our clients come to us as referrals from fellow attorneys and other professionals.
The Car Accident Claims Process
When you get injured in a crash, your personal injury protection (PIP) covers most of your expenses. If your injuries are permanent or the cost of your medical care exceeds your PIP coverage, you can bring a legal claim against the at-fault driver. If you can prove the driver’s negligence caused your injuries, their insurance company must pay your damages.
An Orlando attorney from The Florida Firm sends a letter to the at-fault driver’s insurance company informing it of your car accident claim. Insurance companies typically prefer to negotiate a settlement rather than defend a claim at a trial. Negotiated settlements are less expensive and provide certainty to all parties.
A settlement also means that you get your money faster. Although negotiating a settlement is often the best solution for all parties, in some situations, presenting your case at trial is more likely to lead to a fair result.
Why Go to Trial Rather Than Settle?
Insurance companies are for-profit businesses with huge resources. They have teams of skilled personnel working to limit the company’s liability and protect its reputation and the reputation of the insured.
Disputes Over Fault
Insurance companies try to resolve claims for as little as possible, and one tactic they use is shifting blame for the accident onto you. The law allocates responsibility for damages according to each party’s percentage of fault, and an insurance company can reduce or even eliminate its liability by transferring blame to you. If you take a claim to trial, a judge or jury decides the allocation of fault.
Refusal to Negotiate in Good Faith
Trials require a lot of preparation, and many attorneys strongly prefer not to invest the time and money for an uncertain result at trial. Insurance companies may take advantage of this tendency by making lowball offers and refusing reasonable counteroffers, assuming an accident victim’s lawyer will not want to go to trial.
Our car accident attorneys are experienced and successful litigators. We frequently obtain settlements and verdicts in vehicle crash cases exceeding $1 million. We have a nuanced understanding of your case’s value, and we are never afraid to take a case to trial if the insurance company refuses to offer adequate compensation.
Accountability
Insurance company settlements are private and confidential. The settlement might explicitly state that the at-fault party does not admit wrongdoing and contain provisions preventing you from disclosing the amount you received. If you are seeking accountability, you may not get it if you accept a settlement.
Damages Available at Trial
When you bring a car accident claim, you are entitled to recoup the medical expenses your PIP did not pay. You can claim the portion of your lost wages that PIP did not cover, the value of the paid time off you took while recovering, and even income-earning opportunities you missed because you were hurt. You can seek compensation for any incidental expenses you would not have incurred but for your injury.
Your damages may include substantial changes in your lifestyle and quality of life. Insurance company negotiators may be unwilling to offer sufficient compensation for these losses. Our Orlando attorneys can present persuasive evidence at trial to convince a jury that you are entitled to generous compensation for pain and suffering.
A trial allows you to claim punitive damages, which is additional money a court awards to you to punish a defendant who acted egregiously. When you have clear evidence that a party acted intentionally or with reckless disregard for your safety, Florida Statutes § 768.725 allows you to claim punitive damages. Punitive damages are often available when you were injured by a drunk driver, and they may be appropriate in numerous other situations.
Pursue a Car Accident Claim With a Skilled Orlando Trial Attorney
Car accident trials in Orlando require the services of an experienced litigator. The trial lawyers at Colling Gilbert Wright understand how to win complex cases. Reach out to us today to schedule a free consultation to discuss your vehicle accident claim.