Will My Accident Case Settle Out of Court?
Believe it or not, this answer will depend on you! You are going to have a case and you will hire an attorney to represent you on it. That attorney will put forth all the effort in a pre-suit demand. The insurance company for the at-fault party will provide an answer back to that demand and along with it they will provide a settlement amount. Whether you take that settlement amount will be up to you and your attorney in deciding whether or not that amount is valuable or not valuable to take.
Now, if you don’t take it and your attorney decides lets go to court there is going to be an entire discovery phase and then a pre-trial phase where negotiations will be ongoing. In fact, almost every Florida judge will require you to go to a mediation and try to settle your case in good faith. At that time you will be presented with a second settlement offer. This offer is usually more than your first settlement offer. So, you will have multiple opportunities to settle your case long before you get to trial.
It will only be in those cases where the difference between what the people believe there case is worth, and what the defense lawyer thinks their case is worth is a great variance that they actually go to trial.
You need to have an attorney who can do that for you. In most times and in most circumstances if you have that attorney, you also have a situation where you are going to get the best settlement for your case as well.
So to answer this question… most of the time no, you won’t have to go to court because you will settle your case before hand.