Going Ahead with a Lawsuit
Contrary to popular belief, most personal injury claims are settled out of court during negotiations between the at-fault party and the accident victim.
However, on some occasions, it becomes necessary to take the step of filing a formal lawsuit in order to recover a fair settlement that covers all of your damages.
Read on to learn more about when it’s necessary to sue, and reach out to a WPB personal injury lawyer with The Law Offices of Casey D. Shomo for a free consultation.
What’s the Difference Between a Lawsuit and a Settlement?
When you get in an accident, you have a few different options for receiving compensation, depending on the type of accident you’ve been in.
For example, if you’ve been involved in a car accident in Florida, you can file a claim either with your own insurance company or the insurer representing the at-fault driver.
By doing so, you initiate the claims process that could help you earn a personal injury settlement. The process is similar for other types of personal injury claims, such as:
- Dog bites
- Construction accidents
- Pedestrian accidents
- Ride-share accidents
- And many other types
However, in certain cases, reaching a settlement out of court may not be an option. As a last resort, you can file a lawsuit in court in order to try to compel a judge to award you the compensation you’re looking for.
When to File a Lawsuit
Many people assume that filing a lawsuit for their damages after an accident is always necessary. On the contrary, most personal injury claims are settled out of court.
There are times when it becomes necessary to file a lawsuit. For example, if after sending a demand letter you’re still unable to negotiate for the compensation you feel you deserve, then taking the at-fault party to court is an option.
Also, if there’s a question of responsibility for the accident in question, the insurance company will likely be reluctant to pay you. By filing a lawsuit, you can force a jury to decide which party was really responsible for the accident.
This is not unheard of in Florida, where comparative negligence means your assigned portion of fault impacts the size of your final settlement.
Contact a Personal Injury Lawyer for Help
Have you considered filing a lawsuit? Fortunately, you can get the help of an experienced accident attorney with The Law Offices of Casey D. Shomo with no money down and no obligations.
Give us a call at 561-659-6366 or fill out the form below to learn more.