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If both parties in a Florida car accident case settle out of court, then the details of the claim usually aren’t part of the public record. However, if your case goes to trial and concludes with a judgment and jury award, the trial details are public, including any settlement amounts you receive. Transcripts of testimony, the full names and addresses of all parties involved, and evidence presented by experts, including personal information such as private medical records, are included in the publicly available trial record.
It’s no surprise that plaintiffs (the victim) and defendants (the at-fault party) alike are worried that the details of their car accident claim will be available for any snoop. Fortunately, with the help of a skilled West Palm Beach auto accident lawyer, you can take steps to avoid a trial. Most personal injury claims are settled out of court, so if privacy is a concern for you, talk to your lawyer about your desire to settle the claim.
So, since the details of personal injury cases in Florida are usually only public record if there’s a trial, what you really want to know is, “Will my car accident case go to trial?”
Factors that determine whether your personal injury claim goes to trial
The biggest determining factor in whether your car accident case goes to trial is the willingness of the defendant to agree to a fair settlement. They may dispute fault; in Florida, usually, you can only file a suit if the other driver caused the wreck and if you sustained a serious injury as defined by Florida law.
The defendant may allege that you caused the wreck, or their insurance company may disagree about the seriousness of your injuries. Or, maybe the defendant accepts that they were at fault but contests the settlement offer you presented. In these cases, your respective lawyers may be able to negotiate a settlement for less than you wanted but more than you’d receive at trial.
There’s another big reason why your case goes to trial, and it’s something that your lawyer may recommend. If the defendant was exceptionally negligent or reckless, like driving drunk, street racing, or driving on a suspended license, then your lawyer may seek punitive damages, too. Punitive, or punishing, damages are assessed as a form of fiscal punishment against defendants who acted with egregious negligence. If your lawyer believes you have a chance to win punitive damages from the jury, they may advise you to take your case to trial.
Benefits of settling your car accident case out of court
We established that out-of-court personal injury settlements aren’t public record. And, if protecting your privacy is very important to you, you may include a non-disclosure agreement as part of your settlement agreement.
And, if you settle your car accident case out of court, you’ll probably get your money faster. Depending on the court’s schedule, you may have to wait months for a trial date. Even if you luck out and get a date within a few months of filing your suit, trial preparation takes a long time. From interviewing witnesses to securing expert testimony, your lawyer works a lot harder to build a presentation for a jury than they do negotiating a settlement with the defense. That means that your legal fees are lower.
And that leads us to the final reason why many people prefer to settle out of court: it’s guaranteed. A jury could decide in the defendant’s favor, and you’ll walk away with nothing.
Settlements offer privacy, speed, and security
If you’re concerned about your car accident claim becoming public record, settling out of court is often the best option. In addition to keeping your medical and financial details private, settling can help you avoid the uncertainty and delays of a trial.
A skilled personal injury lawyer can help you understand whether a settlement is right for your situation and protect your interests throughout the process.
Have you been seriously injured in a car accident you didn’t cause? We can help. Please contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation.