Will My Personal Injury Case Go To Trial?
The reality is that most personal injury cases settle before a lawsuit is even filed. Of the few that are filed, 95% of those cases eventually settle also at some point before reaching an actual jury trial. The details of your case will determine whether your case settles or goes on to trial. There are many factors that come into play when understanding why most cases settle before going to court, but a major factor is that going to court rarely benefits either party involved, and could cost more and be more time-consuming than reaching an agreeable settlement.
Why Do Most Cases Settle?
When it comes to insurance companies, going to trial could mean considerably more money awarded to the injury victim. Usually, this comes from pain and suffering damages that could cost the insurance company way more than if they had settled outside of court.
What Are The Benefits Of Settling?
Typically, settlements mean less time, less money, less stress, and fewer costs. These reasons are significant to many people who truly need compensation quickly to pay for medical and living expenses.
- Guaranteed Compensation - Filing a lawsuit and going to trial does not mean a guarantee of money damages awarded. In fact, you risk walking away with nothing should the jury or judge side with the other party. When settling, you have more control over your negotiations and compensation. Trials are unpredictable, and by settling, the victim ensures they will be compensated for their injuries.
- Quick Access to Money - While trials could take years and render you zero dollars in recovery, a settlement is much faster. You could receive money damages within months of starting your case. This is a huge benefit to those who have recovered from injuries and need to pay off pending medical bills or those who unfortunately have a permanent injury and will need lifelong care.
- Less Risk - No party involved in a personal injury claim ever wants to go to court. Going to court is not only expensive and time-consuming, but it could also cost you as the losing side will end up bearing the cost associated with trial and court. Settling your case before court proceedings is a much more straightforward process.
When Should I Take My Personal Injury Case To Trial?
If the insurance companies involved fail to offer a fair settlement or any settlement at all, then your lawyer might determine that your case is a good candidate for trial, as it is the only option for receiving fair compensation for your injuries. Sometimes just the act of starting the process of a trial is enough to get the attention of insurance companies, and they might offer a more reasonable settlement offer. Some types of complex tort cases with serious injuries or death, and complicated issues as to who was responsible could require a jury trial to resolve the issues. These types of cases could involve traffic fatalities, work-related injuries, product liability cases, medical malpractice claims, spinal cord injuries, and more. Also, if the insurer does not respond to a demand for settlement in a timely manner, filing a lawsuit by your lawyer is an effective way to get their attention. At that point, they have a legal duty to respond to the court within 20 days of receiving the lawsuit. Other reasons a lawsuit might need to be filed would include procedural issues such as a statute of limitations approaching that would bar any recovery if the case is not resolved or a lawsuit is not filed within a certain period of time. (between 1 and 5 years in Florida, depending on the type of case).
Hire An Experienced Lawyer
In the vast majority of Florida personal injury cases, the risks and costs associated with going to trial are enough to encourage the insurance company to seek a settlement. In most cases, a settlement is likely in your best interest as well. It is always in any party’s best interest to find an experienced lawyer to help them during this troubling and confusing time. A lawyer can help determine whether to settle or go to court and have a better understanding of what a fair settlement is in regards to the types and severity of your injuries.
If you have been injured in Florida and need legal representation, call my offices in Plantation and Naples, Florida for a free case evaluation. Our firm works on contingency fees, which means we don’t get paid unless you do. Call me today at (877) Gluck-Law.