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.
- You and the insurer are unable to reach an out-of-court settlement.
- Your car accident lawyer files a lawsuit against the defendant.
- The defendant’s insurance company hires a lawyer to represent them during the trial.
- Pre-trial process including discovery, motion practice, and mediation.
- The car accident trial begins.
- Both parties present their evidence (i.e., photos, eyewitness testimony, expert witnesses, etc.) while attempting to discredit the other party
- The plaintiff may be required to testify and face cross-examination.
- 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.
On November 2, 2021, professional football player Henry Ruggs III made national news for his involvement in a felony DUI resulting in the death of Tina Tintor. If he is convicted, Ruggs faces 2 – 46 years in prison, a lifetime criminal record, and the end of his professional career.
However, the penalties don’t stop there. Regardless of the outcome of the criminal case, it’s likely that the family of the deceased victim will pursue a wrongful death personal injury case. That means that Henry Ruggs and his insurer will likely spend many more months (if not years) either negotiating a settlement or going to court for wrongful death.
If someone in your family suffered a wrongful death due to another driver’s negligence, you might be eligible to receive maximum compensation for their death. Contact Paul from Schrier Law Group today at 1-800-700-PAUL to speak with an experienced wrongful death attorney.
Continue reading to learn more about the Henry Ruggs III car accident, DUI, and potential wrongful death lawsuit.
Timeline of What Happened in The Henry Ruggs DUI Case
Understanding why Henry Ruggs is facing felony charges and a likely wrongful death lawsuit requires details about the case. So far, the following information has been released, but not limited to.
- Tuesday, November 2, 2021, 3:39 a.m: Henry Ruggs III travels at speeds north of 156 mph while intoxicated and subsequently rear-ends the Toyota Rav4 operated by the victim. The car crash was reported on Rainbow Boulevard in Las Vegas.
- The Police Arrive At The Scene: When the police arrive at the crash scene, they find Tina Tintor and her dog dead. They suspect that Henry Ruggs is intoxicated, but Ruggs refuses an evidentiary blood test.
- Warrant Issued: Law enforcement officials request a warrant for a forcible blood draw to test his BAC levels. The request is approved. Law enforcement officials draw his blood at University Medical Center.
- Results of the Blood Draw: Nevada prosecutors released information stating that Ruggs’s blood alcohol concentration was 0.161 at the time of the accident – which is slightly more than two times the legal limit.
- Wednesday, November 3, 2021: Henry Ruggs III posts a $150,000 bond and is subsequently released by the Oakland Raiders. However, he must adhere to all parameters of his release, including periodic alcohol breath tests.
- March 10, 2022: Henry Ruggs III is scheduled to attend a preliminary hearing to face the charges levied against him.
What Charges Are Henry Ruggs Facing?
DUI charges are serious, no matter the circumstances. However, a DUI resulting in death and serious bodily injury carries the harshest penalties of all DUI charges. Listed below are the current criminal charges that Ruggs faces.
- Two felony charges for DUI causing death or substantial harm – Punishable by 2 – 20 years imprisonment and fines ($2,000 to $5,000) for each charge if convicted. One charge is for the victim’s death. The other charge is for the injuries sustained by his girlfriend, who was a passenger in his vehicle at the time of the collision.
- Two felony charges for reckless driving resulting in death or physical injury – Punishable by 1 – 6 years imprisonment and a fine of $2,000 – $5,000.
- Misdemeanor possession of a gun while under the influence of alcohol – Punishable by up to six months in prison and up to $1,000 in fines.
Can Henry Ruggs Be Sued For Wrongful Death?
Absolutely. A wrongful death occurs when someone engages in unreasonable, negligent, or reckless behavior that results in another person’s death. Generally, anytime someone is killed due to a DUI, their family or estate can pursue a wrongful death personal injury case.
According to reports, the family of Tina Tintor has hired a wrongful death attorney to handle their possible wrongful death lawsuit. They have not issued further statements. However, they will likely pursue a personal injury case against Mr. Ruggs and his insurer. If successful, their losses may be realized via an out-of-court settlement with Henry Ruggs’ insurer, in court, or both.
Contact a Florida Wrongful Death Attorney Today
DUI-related deaths occur in Florida far too often. If your loved one or family member lost their life due to the negligence of another driver (for DUI or other reasons), you have the right to pursue maximum compensation for your loss.
While recovering damages is not an equal replacement for the loss of a loved one, it can help to offset costs associated with their death, including but not limited to funeral costs, lost income, pain and suffering, and much more.
Contact Schrier Law Group today to schedule a free initial consultation with a proven wrongful death attorney to discuss your case.
If you get into an accident (specifically one that’s not your fault), your insurance owes you a duty to compensate you for injuries and property damages. However, in many cases, insurance providers fall short on their side of the bargain. Insurance companies will often find ways to deny or underpay claims by:
- Contesting the cause of the injuries
- Disputing the extent of your injuries, or
- Claiming a lack of evidence to establish fault
Many insurance companies are known for denying claims in bad faith or neglecting to properly investigate a claim before issuing a denial. Further, insurance companies are much more likely to take advantage of claimants who are not represented by a formidable auto accident lawyer.
If you’ve been involved in an accident and your insurance company denies your claim or makes a lowball offer, you have options. Contact Schrier Law Group at 1-800-700-7285 for your free initial consultation with a proven auto accident lawyer.
Why Would You Sue Your Car Insurance After an Auto Accident?
Car insurance can help to pay for medical bills, property damage, and other expenses in the event of a collision. However, in many cases, insurers make lowball offers, refuse to pay out viable claims, and use bad faith practices when dealing with auto accident claimants.
The most common reasons to sue your own car insurance company include:
- The driver that causes the accident doesn’t have insurance, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, and your insurance refuses to pay your damages or makes a low settlement offer.
- The driver that causes the accident doesn’t have adequate insurance to cover your damages, you have Uninsured and Underinsured Motorist (UM/UIM) coverage, so you pursue additional damages through your policy.
If your insurance company neglects to hold up its end of the bargain, you have options. Working with an experienced auto accident lawyer can drastically improve your odds of getting maximum compensation for your injuries and damages.
Continue reading to learn more about a recent successful personal injury suit against a major insurance provider in the next section.
Case Study: Ryan J. Burke v. Hernando Lancheros and VL Auto Transport, Inc.
In 2016, Ryan Burke was heading westbound on the I-4 in Orlando. Suddenly, he was struck by a tractor-trailer (going in the opposite direction) and subsequently collided with a concrete barrier. Seconds later, another westbound vehicle rear-ended Mr. Burke.
Mr. Burke suffered serious back injuries due to the collision. With the help of his auto accident lawyer, Ryan Burke sued his employer, the driver of the tractor-trailer, the employer of the driver, and his insurer (Horace Mann Property & Casualty Insurance Co.) to recover his underinsured-motorist benefits.
Fortunately, he hired a skilled Florida auto accident lawyer to represent him. Mr. Burke’s auto accident lawyer successfully negotiated a settlement north of $6 million. If he didn’t hire a proven auto accident attorney, it’s not as likely that he would have received maximum compensation (especially without going to court).
Should I Sue My Insurance Company After a Car Accident?
In most cases, a lawsuit is not necessary. However, it’s recommended that you hire an auto accident lawyer to help you negotiate with your insurer. Insurance companies are notorious for making low-ball offers, denying viable claims, and hindering all attempts to receive maximum compensation for injuries and damages.
An experienced auto accident attorney will ensure that your losses are well-documented, all of your forms are submitted without error, and aggressively fight for the maximum damages you are owed. In the event that your insurer still refuses to pay you fair compensation (even after hiring a lawyer), your auto accident lawyer can file suit.
Further, an attorney can play an instrumental role in pursuing damages from all parties involved in the collision. Attempting to recover damages from multiple parties is generally a complex task reserved for the most skilled personal injury attorneys.
Contact The Best Auto Accident Lawyer in Florida Today
Our auto accident lawyers at Schrier Law Group let our results speak for themselves. To date, we’ve recovered more than $500 million for accident victims in Florida. We take pride in standing up to the insurance companies, asserting our client’s rights, and pursuing maximum compensation for every client.
If you’ve been injured in a car accident due to no fault of your own, it’s in your best interest to consult with the best auto accident lawyer for your circumstances. Negotiating with insurers on your own can lead to:
- Delayed settlements
- Denied claims
- Low-ball offers