Nearly 400,000 traffic accidents took place in Florida in 2022, coming out to an average of 1,095 wrecks per day. These ranged from collisions that caused only minor property damage to catastrophic wrecks that left one or more individuals dead.
Despite these differences, car accidents in Florida share one thing in common. Many of the legal claims arising from them never see the inside of a courtroom, and the reason for that lies in Florida’s “no-fault” insurance law.
In the Sunshine State, drivers must maintain a personal injury protection (PIP) policy. In the event of a crash, the driver will file a claim with their PIP provider and receive compensation for most minor injuries. As such, in many injury cases, drivers cannot bring a claim against the other motorists involved.
Nevertheless, there are a number of cases that evolve past the coverage of PIP policies and end up being brought to court.
What It Means When a Car Accident Case Is Set for Trial
If your Florida car accident lawyer tells you that your case is scheduled for trial, it means two things are true.
First, you’ve sustained a serious injury as defined by Florida law. Only people who suffer serious injuries are eligible to bring claims against the motorists whose negligence caused their accidents. Second, your case being set for trial also means that attempts to settle your claim have not yielded results.
Settlements are a popular means for parties to resolve car accident claims without the expense and uncertainty of trial. However, there is no legal requirement forcing parties in a car accident case to settle the claim. One party or the other could insist on prosecuting the case if they choose to do so.
Stages in a Florida Car Accident Trial
On the date of trial, you, your car accident lawyer, and the other party will report to the appropriate courthouse at the time the judge indicates. It is important that you arrive on time and ready to proceed, or the court could dismiss your case. If your claim is being tried before a jury, potential jurors will be present as well.
From there, the next stages of the trial in court are as follows:
Preliminary Matters
If there are any last-minute issues to take care of, the judge overseeing your case may do so either in their chambers or in the presence of any potential jurors. Once these matters are resolved, your lawyer and the other party will participate in a process known as voir dire, the goal of which is to select a jury that will hear your claim and reach a verdict. Once the jury is selected, the judge will give them initial instructions that are meant to orient them to the trial process and help them better understand it.
Last, each party will have the chance to make their opening statements, which are meant to preview what each side believes the evidence and testimony will show. Although they are not evidence themselves, opening statements can help the members of the jury better understand the important witnesses and additional details they will hear.
Plaintiff’s Case-in-Chief
As the injured party, you must prove it is more than likely true that the other party’s negligence is what caused your injuries. Because you bear that burden, you get to present your witnesses and evidence first. The witnesses your car accident lawyer calls to the stand and the evidence your lawyer presents during your case-in-chief are subject to Florida evidentiary and procedural laws and the rulings of the court.
As your attorney questions witnesses about the facts of your case, the other party has the opportunity to challenge them through cross-examination. For example, the opposing party might question a witness’s credibility or their bias for or against either party. The other party can also challenge the admission of photographs, reports, and other evidence.
Once your lawyer has finished presenting the witnesses and evidence they believe is needed to prove your case, they will rest your case-in-chief.
Defendant’s Case-in-Chief
It is now the other party’s opportunity to present evidence and witnesses they believe disprove your claims. The other party does not need to prove that someone else was responsible for the crash, only that they were not more likely the primary cause of the accident. They can also present evidence suggesting your actions contributed to the crash.
Just as the other party had a chance to challenge your witnesses and evidence, your attorney will have the opportunity to do the same to theirs.
Closing Arguments and Verdict
Once you and the other party’s attorneys have presented your evidence, they will each have the opportunity to present closing arguments to the judge or jury. These statements summarize the evidence and try to persuade the jury why they should decide in favor of one party or the other. Like opening statements, closing statements can be helpful in reminding the jury of the evidence they heard and its importance to the case.
Following these statements and instructions by the court, the jury will retire to deliberate your case. They can take as much or as little time as they need to decide whether the defendant caused your accident and the damages you are owed. If your case is tried in a court without a jury, the judge will make these decisions themselves.
Consult With an Experienced Florida Car Accident Lawyer Today
Taking a car accident claim to trial is not something to treat lightly. It means that you sustained serious injuries and accompanying expenses, but the other party is not willing to reach a reasonable settlement. Your ability to recover the damages you need to move forward is at risk.
At Schrier Law Group, our car accident lawyers are skilled negotiators and litigators. If they are not able to reach an appropriate settlement with the other party in your case, we are prepared to take your case to court. We know how to investigate your claim thoroughly and present a compelling case to the court, maximizing your opportunity for a favorable verdict. Contact us today and schedule a consultation to get started.
