Dealing with a car accident is already stressful, but is your claim heading to court?
Most car accident claims in Florida settle without going to trial. However, if you’re facing a lawsuit, you’re likely wondering why.
Sometimes, insurance companies lowball offers, dispute liability, or refuse to pay what you deserve. If you’ve suffered serious injuries, lost wages, or significant property damage, a lawsuit may be your only option.
On top of that, Florida’s new injury laws have made it harder to sue, reducing the time limit to file a case and changing how fault is determined.
This guide breaks down why claims go to court, how Florida’s laws impact your case, and what you should do next.
The Main Reasons A Florida Car Accident Claim Goes To Trial
1. Disputes Over Liability
Insurance companies decide fault based on police reports, witness statements, and accident reconstructions.
But what if they get it wrong?
If the other driver denies responsibility or blames you, the case may go to court.
2. Insurance Companies Playing Hardball
Insurers aren’t in the business of paying out big settlements.
They may lowball your offer, delay your claim, or deny it altogether.
If negotiations fail, your only option may be a lawsuit.
3. Severe Injuries and High Medical Costs
The more serious your injuries, the more insurance companies fight to avoid paying.
A claim involving permanent disability, extensive medical bills, or wrongful death is more likely to end up in court.
4. Florida’s New Laws Make It Harder to Win
With modified comparative negligence, if you’re found more than 50% at fault, you get nothing.
This gives insurance companies more leverage to deny or reduce your claim – forcing victims to fight back in court.
Related Article -> How Often Do People Win Lawsuits For Car Accidents In Florida?
5. Setting a Legal Precedent
Sometimes, cases go to trial not just for compensation, but to challenge insurance company tactics or establish new legal precedents.
So, can you still get paid if you’re partially at fault?
Yes – but only if you’re less than 50% responsible.
A strong legal team can prove your case and protect your compensation.
Florida’s No-Fault System and the New Injury Law
Florida operates under a no-fault insurance system, meaning that after a car accident, your Personal Injury Protection (PIP) insurance covers medical expenses and lost wages – regardless of who was at fault.
But there’s a catch.
- It only covers up to $10,000 in medical expenses, with limitations. And it doesn’t pay for pain and suffering, emotional distress, or damages beyond medical expenses and lost wages.
- Florida’s 14-day rule requires accident victims to seek medical treatment within two weeks of the crash. Failing to do so means losing PIP coverage, potentially leaving you with unpaid medical bills. The clock is ticking, so act fast, document your injuries, and consult a car accident attorney to protect your rights.
If any of this sounds overwhelming, give Applebaum Accident Group a call. We’ll connect you with the best legal and medical professionals in your area.
No-fault laws also restrict when accident victims can file lawsuits against the at-fault driver. To step outside the no-fault system and seek additional compensation, you must meet Florida’s serious injury threshold, which includes:
- Permanent injuries
- Significant and permanent disfigurement
- Loss of bodily function
House Bill 837: What It Means for You
In 2023, House Bill 837 introduced significant reforms to Florida’s personal injury laws, making it harder for accident victims to recover compensation. Here’s what changed:
- Reduced Statute of Limitations: The time limit to file a personal injury lawsuit was cut in half from four years to two years. This means accident victims must act fast or risk losing their right to sue.
- Modified Comparative Negligence: Previously, victims could recover damages even if they were partially at fault. Under the new law, if you are found more than 50% responsible for the accident, you receive nothing.
- Stronger Insurance Protections: The law aims to prevent excessive lawsuits against insurance companies, potentially making it harder to challenge lowball settlement offers.
Frequency of Car Accident Claims Going to Court
Data from the Bureau of Justice Statistics show that less than 4% of all personal injury cases go to trial. Insurance companies prefer to avoid costly litigation, and injured victims often accept settlements to secure compensation without prolonged legal battles.
However, when disputes over fault, damages, or insurance bad faith arise, a lawsuit may be the only way to seek fair compensation. In these cases, you will need strong legal representation.
The Right Lawyer Can Make or Break Your Case
The laws are changing, insurance companies play hardball, and trials are unpredictable.
So, how do you make sure you’re protected?
✅An experienced attorney knows how to fight insurance companies, gather strong evidence, and maximize your compensation. Don’t settle for less than you deserve.
Applebaum Accident Group connects you with top-rated lawyers who specialize in car accident cases.
#1 They Know How to Win
An experienced lawyer understands Florida’s no-fault laws, comparative negligence, and court system. They know what it takes to maximize your compensation.
#2 They Handle Insurance Companies for You
Insurers have teams of lawyers working to pay you less. You need someone fighting just as hard for you.
#3 They Build a Strong Case
Winning in court means gathering evidence, securing expert testimony, and preparing for trial.
A top attorney makes sure nothing is left to chance.
#4 Local Lawyers Give You an Advantage
Florida laws are unique. So are its courts. A local attorney knows the judges, legal trends, and the best strategies for success.
We make it easy. We connect you with the best lawyers.
How Do I Choose the Right Lawyer?
- Look for experience in car accident cases.
- Choose an attorney with a strong track record.
- Opt for a lawyer who offers free consultations and works on a contingency fee basis (you don’t pay unless you win)
Protect Your Rights Before It’s Too Late
While most Florida car accident claims settle, some go to court. If your car accident claim is going to court, it’s for a reason.
- Maybe the insurance company is refusing to pay.
- Maybe your injuries are severe, and you need more than what PIP cover.
- Maybe the new Florida laws are making it harder to get the compensation you deserve.
Whatever the reason, you don’t have to face it alone.
Contact Applebaum Accident Group NOW and we’ll put you in touch with the best lawyers.
✅ Access to Florida’s Best Attorneys
We work with a network of highly skilled personal injury lawyers who specialize in car accident cases. These attorneys have a proven track record of securing maximum compensation for their clients, whether through settlements or courtroom victories.
✅ Free, No-Obligation Case Evaluation
Not sure if you need a lawyer? We’ll arrange a free consultation with an experienced attorney who will review your case and provide expert advice – with no pressure or commitment.
✅ Personalized Lawyer Matching
Every accident is different, and so is every legal case. We match you with an attorney who understands the details of your accident, injuries, and financial concerns, ensuring the best legal strategy for your situation.
✅ Fast, Hassle-Free Process
Don’t waste hours researching law firms. We do the work for you, finding trusted, experienced attorneys so you can focus on your recovery.
Take the First Step Toward Justice
If you’ve been injured in a car accident, don’t wait to seek legal help. Call Applebaum Accident Group today, and we’ll connect you with the right attorney to fight for your rights.
📞 855-225-5728 | Request Your Free Consultation Now
With Applebaum Accident Group, you get support, expertise, and access to Florida’s best attorneys – without the stress. Let us help you find the legal representation you deserve.
