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Will My Car Accident Case Actually Go to Trial?

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Couple going over their car accident and whether or not it will go to trial in Florida with a car accident lawyer

If you’re seeking damages for a car accident, your case may go to trial, but it’s not likely. Most car collision cases are settled during negotiations or pre-trial mediation. 

Generally, insurers and litigants prefer to settle because it’s less expensive and takes less time. However, insurance companies and claimants sometimes can’t agree on a settlement. In that case, going to court with a car accident attorney may be the only option.  

If you’ve suffered injuries in a collision, but the insurance company refuses to pay a fair settlement, you have options. Contact Schrier Law Group today to speak with a proven car accident attorney

Continue reading to learn more about car accident trials in Florida. 

How Many Car Accident Cases Actually Go To Court? 

Nearly 95% of all personal injury cases are settled out of court. That means that your case is not likely to go to trial. However, if you do, you should be aware that only 57% of car accident trials are decided in favor of the plaintiff. A few factors that can enhance your chances of a favorable outcome include: 

  • Most insurers prefer settling out of court because they have more control over the outcome.
  • The burden of proof for car accident cases is much lower than other types of personal injury claims. 

A few factors that could limit your ability to win a car accident settlement include: 

  • Lack of proof that the defendant caused the accident
  • Minimal damages caused by the collision 
  • Inexperienced car accident attorney representing the plaintiff 

What to Expect When Appearing in Court For an Accident

Every car accident case is different. Generally, if your car accident attorney cannot negotiate a fair settlement, you can expect the following to occur at trial. 

  1. You and the insurer are unable to reach an out-of-court settlement.
  2. Your car accident lawyer files a lawsuit against the defendant. 
  3. The defendant’s insurance company hires a lawyer to represent them during the trial.
  4. Pre-trial process including discovery, motion practice, and mediation. 
  5. The car accident trial begins.
  6. Both parties present their evidence (i.e., photos, eyewitness testimony, expert witnesses, etc.) while attempting to discredit the other party
  7. The plaintiff may be required to testify and face cross-examination. 
  8. The judge or jury will decide on fault and award damages (if the plaintiff is successful)

It’s important to note that only a slight majority of car accident trials end in success for the plaintiff. If you’ve received an unfavorable ruling, your car accident attorney can take steps to appeal the decision. 

How Long Does a Car Accident Trial Last? 

The length of a car accident trial depends on many factors, including the severity of your injuries, how many drivers were involved in the collision, and the experience of your car accident attorney. 

Generally, car accident trials can be as short as a few days or as long as many weeks. The most lengthy part of going to court is the pre-trial phase. Pre-trial can last for many months, sometimes up to one year. 

Further, the time to conclude the case can be lengthier if an appeal is filed after the original ruling. The best method to ensure the fastest outcome in your case is to hire a proven car accident attorney to negotiate on your behalf before going to trial. 

If your lawyer is successful, you could receive maximum compensation weeks or months after filing your claim. 

How Can I Strengthen My Car Accident Claim?

You can do a few things to make negotiations easier and faster for your car accident attorney. They include, but are not limited to: 

  • Seek immediate medical attention after an accident, even if you’re unsure that you’ve suffered injuries 
  • Note the responding police officer’s contact information, and obtain a copy of the police report
  • Identify eyewitnesses and get their contact information
  • Collect important evidence like photos, videos footage, weather conditions, etc. 
  • Maintain a written account of your injuries, pain, and rehabilitation efforts
  • Contact a car accident lawyer quickly after the collision 

Contact a Florida Car Accident Attorney Today

Working with an experienced Florida car accident lawyer can dramatically increase your chances of a successful outcome in your personal injury case. A proven attorney knows how to negotiate with insurers, present compelling evidence, and secure the best possible settlement. 

The car accident attorneys at Schrier Law Group have collected more than $500 million for injured accident victims. Our skilled legal team is aggressive, creative, and ready to fight for maximum compensation on your behalf. Contact us today to speak with a proven Florida car accident attorney. 

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

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This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez

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Best attorney in South Florida

Fefe Alex

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Was a wonderful experience getting through a tough process!

Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

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Schrier Law Group is the best.

Chatrice Telfort

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Great job! I loved working with Paul.

Paige