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Our Boca Raton Car Crash Lawyers Are Here to Help When Negotiation Fails
In a perfect world, liability in auto accident cases should be a straightforward issue. If the at-fault driver was drunk, distracted or otherwise negligent or reckless, the blame should fall on them, and their insurance provider should reimburse you. However, in almost all cases, attributing liability is anything but seamless.
Even if it’s a clear-cut case, insurance companies may fiercely deny it to protect their own interests. Ultimately, matters can become so muddled or heated that negotiating is no longer a viable option, leaving litigation as your best course for securing sufficient compensation.
It’s rare for personal injury cases to go to court, but in catastrophic injury cases, those involving punitive damages and situations where the insurance company refuses to take accountability for their policyholder’s actions, it can become necessary. A sizable portion of cases in Boca Raton that do reach litigation are related to auto accidents, which means that going to court may be necessary for some car crash victims.
At Kanner & Pintaluga, our Boca Raton auto accident attorneys are prepared for this possibility. We’re zealous litigators who are ready to advocate for the compensation you deserve in court.
When Litigation May Be Necessary
Whether litigation will be your best chance at maximum compensation will depend on the specifics of your case. Our auto accident attorneys have experience in both negotiating and litigating cases and can advise you on your best course of action.
Generally speaking, you’ll be more likely to require litigation if:
- You suffered severe injuries, especially to your head or spine that impact your cognitive function or ability to move freely, decreasing your earning capacity and reducing your quality of life
- Your injuries or damages are disputed by the other party
- The other party is uncooperative or unwilling to participate in negotiations
- If the other party’s insurance company acts in bad faith, such as by delaying their claim decision to a ludicrous degree or failing to communicate
- Multiple vehicles – and consequently multiple insurance companies – are involved
Why Hiring an Auto Accident Lawyer With Trial Experience Is Crucial
Being ready to litigate if necessary can be crucial to your case’s success, even if you don’t go to trial. While you may not intend to litigate initially, it’s possible that going to court could eventually be your only option to secure the compensation you need to make a full recovery after a car crash.
Not every Boca Raton car accident lawyer is ready or willing to advocate for you before a judge and jury. Hiring an experienced trial attorney can let the other party and their insurance provider know that you won’t hesitate to take this case to court if needed, which may make them more willing to settle for a fair amount to avoid an expensive trial.
The Boca Raton car accident lawyer you choose can have a major impact on the process, as many auto accident attorneys have never been to trial or rarely ever get to that point. At Kanner & Pintaluga, everyone on our Boca Raton team has the trial experience and expertise to increase your case’s chances of success.
What Is the Litigation Process?
- Filing a Complaint: Our attorneys will file a complaint that outlines the details of the accident and the at-fault party’s actions, as well as the injuries you suffered due to their behavior.
- Service of Process: Once the complaint is filed, we’ll ensure the defendant is properly notified of the lawsuit.
- Response by Defendant: The defendant then has 20 days to respond to the complaint. They will either admit fault, deny liability or file a counterclaim if they believe you’re at fault.
- Discovery: Both parties exchange relevant information and evidence related to the case.
- Pre-Trial Motions: Either party may file pre-trial motions to address specific legal issues or attempt to have certain evidence excluded from trial.
- Settlement Negotiations/Mediation: Prior to trial, the parties may re-engage in negotiations in hopes of reaching a settlement before trial. With a definitive court date looming over them, insurance companies may be more amenable to your needs and eager to settle and avoid court.
- Trial: If the case does not settle, it proceeds to trial. During the trial, both parties present their evidence and case to a judge and/or jury, who will then decide the case’s verdict.
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Kanner & Pintaluga have recovered over 1 billion dollars and are experienced in working against insurance companies. Contact us for a free consultation, and let us provide you and your family with dedicated service and get you the compensation you deserve.
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To bolster your chances of securing an ideal outcome, your Boca Raton car crash lawyers need to prove:
- 1. The other driver owed you a duty of care (this is usually intrinsic to auto accident cases and doesn’t require explicit proof; every driver has a responsibility to obey traffic laws and drive carefully).
- 2. They breached that duty by driving negligently or recklessly.
- 3. Your injuries are a direct result of their breach of duty.
The auto accident trial attorneys at our Boca Raton firm will gather extensive evidence and witness testimonies to help illustrate these points definitively in court. Proving the other driver’s liability a preponderance of evidence is crucial to strengthening your case and bolstering your chances of success.
Are There Drawbacks to Litigation?
Our Boca Raton auto accident attorneys work on a contingency fee, which means that our payment comes out of your settlement agreement or award. In other words, we only get paid if you receive a favorable settlement or verdict, so you can trust we’ll utilize the full extent of our experience and expertise to maximize your compensation.
Trials do take more time than negotiations, meaning it may take longer to receive payment. However, pursuing litigation can potentially increase the chance of receiving a truly fair outcome with maximum compensation, which is often more important than being paid quickly.
No trial ever has a guaranteed outcome, and there may be more risk in pursuing a trial rather than settling during negotiations.
Work With Boca Raton Auto Accident Attorneys That Have Helped Clients Nationwide Secure Over $1 Billion in Recovered Settlements
At Kanner & Pintaluga, we’re prepared to fight for people injured in Boca Raton car crashes in any legal setting. The trial attorneys at our law firm will zealously pursue fair compensation on your behalf, preparing a compelling case and working hard to maximize your possible compensation.
To schedule a free case consultation with one of our auto accident attorneys, call (800) 586-5555 today.
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Boca Raton Location
Boca Raton
925 South Federal Highway, 6th Floor
Boca Raton, FL 33432
(800) 586-5555
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Get the Aggressive Representation You Deserve
The team at Kanner & Pintaluga understand how frustrating being involved in a car crash can be. Losing your transportation, having to take time off work to recover, being unable to pay bills due to lost wages and dealing with the pain and suffering of serious injuries can significantly decrease your peace of mind and quality of life. Call today for a free consultation.
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