24 Jul DO I HAVE TO GO TO COURT FOR MY CLEARWATER CAR ACCIDENT?
How you ever seen a legal show where someone asks an attorney a question and they say “it depends…” Not to sound cliché, but when it comes to answering the question as to if you have to go to court for your Clearwater car accident claim, it truly does depend. This article discusses only the personal injury claim. For any matters regarding a criminal charge or ticket, contact me at any time to discuss that separate matter(s). Clearwater car accidents can become complicated and because of that, can these matters go to court? Absolutely. But do they have to? Not always…
The Pre-Litigation Phase
Every Clearwater car accident case begins with the pre-litigation phase, also known as the pre-suit phase. This is the phase of your case where the insurance company or at-fault party is given a good faith opportunity to evaluate the claim correctly and pay a fair and just sum. Should the insurance company or at-fault party not offer to pay a fair and just sum, that is when an experienced and qualified Clearwater personal injury attorney will discuss your options with you, including filing a lawsuit and possibly going to court. To put you at ease, many of these claims settle in the pre-litigation phase, however, it is important that you contact a Clearwater car accident attorney so they can guide your through the proper steps that can potentially lead to your case resolving during that phase.
Questionable liability, also known as disputed liability, is when two parties have different stories as to how the accident happened. For example, one party may say the alleged at-fault party had a solid green and had to yield to the right of way while the other party may say they had a green arrow. These cases become more difficult to argue when there is a lack of witnesses, police report, and other valuable evidence. The insurance company may argue that you were partially at fault and will offer you less recovery. However, you, or your attorney on your behalf, may have a different viewpoint of the accident therefore leading to a liability dispute. This could lead to the filing of a lawsuit to determine the outcome of your Clearwater car accident claim.
Improper Valuation Of The Claim
There is a variety of reasons as to why an insurance company will reach a valuation of a Clearwater car accident claim. However, should that valuation be improper, that may lead to the filing of a lawsuit. For example, should you have $5,000.00 in outstanding medical bills and the insurance company or at-fault party offers you $1,000.00, that would most likely be considered an improper valuation and therefore, a lawsuit may need to be filed. Of course, it is highly recommended to review any offers with a Clearwater car accident attorney should you not already have one.
Is Filing A Lawsuit & Going To Trial The Same Thing?
I want to clarify as well, just because you file a lawsuit in your Clearwater car accident claim does not mean you have to go to trial. There are multiple tools in litigation that can be used to still resolve your claim. A very small percentage of claims often end up going to trial. However, it is important that your claim is ready to go to trial from the beginning should it need to.
Insurance companies are aware of which attorneys take cases to trial and which firms resolve cases only in the pre-litigation phase. Therefore, it is important that your claim is not only prepared to go to trial and properly investigated from the beginning, but also the attorney that you hire has the time, experience and resources to take it the distance. As your Clearwater car accident attorney, I am ready, willing and able to fight for you each step of the way until we get you the compensation that you deserve!
Experienced Car Accident Attorney
I understand that the process after getting into a car accident can be difficult and stressful. You probably have a lot of questions and very few answers. Allow me to be there for you every step of the way. I offer a FREE no-obligation consultation and will review your accident claim with you personally at one of the office locations in Tampa, Zephyrhills, or Saint Petersburg. Cannot make it to me? I will come to wherever is convenient to you at NO charge. You deserve to be compensated and I want to get justice for you!
Contact Clearwater Car Accident Attorney Kevin L. Sullivan II TODAY at (813) 598-4868 for a FREE no-obligation consultation. I look forward to assisting you with your claim!