If you’ve found yourself in the aftermath of a car accident, the uncertainty can feel paralyzing. The confusion, the mounting stress, the questions that never seem to have simple answers. One of the biggest concerns people have is whether their case will go to court. It’s a natural question, a fear that lurks in the back of your mind as you wonder if you’re heading toward a long, drawn-out legal battle.

However, that doesn't mean it's always smooth sailing. There are twists and turns in the journey ahead, and sometimes, the path to resolution can be much more complex than you’d expect. So, where does this leave you? And what happens if it takes an unexpected turn? Well, that’s the real question—and it’s one we’re here to help answer. Let’s explore what happens when it begins…

(1) The First Step: Filing a Claim

Right after an accident, a lot of people wonder, "Am I in a lawsuit now?" The simple answer is, no, not yet. Your case doesn't go straight to a lawsuit. Instead, it starts as something much more straightforward: a claim.

Think of this as the first official step in the process. After an accident, you’re essentially telling the insurance company—or sometimes the person or business responsible—that you’re seeking compensation for your injuries. It’s not a lawsuit yet, but it’s where we begin the journey of making sure you’re taken care of.

(i) What Happens After You File a Claim

When you file a claim, the insurance company will give you something called a claim number. This number is crucial because it helps track your case as it moves through the process. It’s a sign that your case has officially entered what we call the “pre-suit process.”

In this phase, we begin gathering the details. First, we reach out to the insurance company to find out the specifics of their policy. What are the insurance limits? How much coverage do they have? This information is very important because it helps us understand what we’re working with when it comes to negotiating a settlement.

(ii) Negotiating a Settlement: The Goal Before Court

Our goal during this time is to settle your case without going to court. That’s why we send a demand letter to the insurance company. In that letter, we explain exactly how the accident has affected you—whether it’s your health, your job, or your everyday life. We make a solid case for the compensation you deserve. Most of the time, we aim to negotiate with the insurance company to get you a fair settlement, avoiding the stress of a trial.

(2) Settlement or Lawsuit: What Happens Next?

Now, here’s where it can go one of two ways: settlement or lawsuit. Let’s explore them with more details

(i) Settlement: The Ideal Outcome 

In many cases, we’re able to settle your claim without stepping foot in a courtroom. That’s our goal, after all—to reach a fair settlement as quickly and efficiently as possible. This means the insurance company agrees to compensate you for your injuries and damages, and we’re able to wrap up your case without the need for a trial. We can do this through careful negotiation, presenting a strong case to the insurance company that shows why they need to offer you fair compensation. This avoids the stress of a lengthy legal process and gets you the help you need faster.

(ii) When the Insurance Company Doesn’t Play Fair

But sometimes, the insurance company doesn’t play fair. If they offer you a lowball settlement, you don’t have to accept it. We’ll push back and demand what you truly deserve. If they delay your case—meaning they drag their feet, keep asking for more information, or don’t respond in a timely manner—that’s another sign that we may need to move to the next step. Or, worst case scenario, they might outright deny your claim, and that’s when things get a little more complicated.

(iii) Filing a Lawsuit: When Settlement Efforts Fail

When that happens, we need to seriously consider filing a lawsuit. This is where things can get a little more formal. In Florida, there’s a statute of limitations, which sets a deadline for filing your lawsuit. You have two years from the date of the accident to file your case in court. This is a hard deadline, so if it comes to filing a lawsuit, we want to make sure we do it within that window.

Once we file a lawsuit, it officially enters the litigation process, and we start with a complaint. This is a formal document that outlines your case and the reasons why you’re seeking compensation. From there, we file it with the court and serve the defendant (the person or company responsible for your injuries) with a copy of the complaint. This is when your case officially transitions from a claim to a lawsuit.

(3) Do You Have to Go to Court?

Okay, so your case is now officially a lawsuit. But does that automatically mean you have to go to court? Not necessarily. I know that the idea of going to court can be intimidating, but most cases don’t end up in court right away—if at all. Once the lawsuit is filed, there’s still a lot of behind-the-scenes work that goes on first.

(i) Discovery: Gathering the Evidence

The first step in this phase is what’s called discovery. This is where both sides exchange information. Think of it as a process of both of us gathering the evidence needed to support our case. We’re going to request documents, question the other party, and get a clear picture of what happened and what damages were caused. This is an important step because it helps build your case, but it’s not something that requires you to go to court.

(ii) Depositions: What They Are and How They Work

Now, you might be wondering about depositions. A deposition is another part of the discovery process. It’s a chance for the other side’s attorneys (and sometimes the defendant themselves) to ask you questions under oath. It sounds a little like something you’d see in a courtroom drama, but in reality, it’s usually much less formal. 

Most depositions take place outside of a courtroom, often over Zoom or at a neutral location, like a court reporter’s office. You’ll be asked questions about the accident, your injuries, and how this has affected your life. It can feel a little uncomfortable, but don’t worry—I'll be there with you, making sure you know what to expect and helping you navigate the process.

So, while depositions are court proceedings, they’re not the same as a trial. You won’t be in a courtroom with a judge and jury—at least not yet.

(4) Mediation: A Court-Required Step

Before we even think about heading to trial, most cases go through a process called mediation. You’ve probably heard the term before, but what exactly does it mean for your case?

Mediation is essentially a settlement meeting, but with a twist—it’s led by a neutral third party, known as the mediator, who helps both sides try to resolve the case without the need for a full trial. The mediator’s job is to listen to both sides, understand the issues, and then try to guide us toward a resolution that both parties can agree on.

Now, mediation is required by the court. Before we can move forward with a trial, the judge will typically require that we go through this step. It’s not optional. However, while it’s a required step, mediation isn’t in front of a judge, so it’s much more informal and relaxed than what you might imagine a courtroom to be like.

(5) The Rare Occasion: Going to Trial

So, when do you actually have to go to court? The short answer is only if your case goes to trial. But very few cases actually end up going to trial. Most of the time, insurance companies will step up and settle the case before it gets to that point. They know that going to trial is a big deal, it’s expensive, and it’s unpredictable for both sides.

It’s important to understand that trial is the rare exception, not the rule. Most of the time, we’ll be able to negotiate and come to a settlement before things ever get that far. But if we do end up in a situation where the insurance company refuses to offer a fair settlement, or if they deny your claim outright, we may have no other choice but to take your case to court.

Contact Us, and Let’s Turn Your Fight Into a Win

If you're feeling unsure or overwhelmed about what to do next, you don't have to face it alone. Pick up the phone and give us a call for a free consultation. We’ll walk you through the process, clear up any confusion, and answer the questions that keep you up at night. In a world that often feels indifferent, it's important to know that someone is in your corner.