• Lisa Brown

Do All Florida Personal Injury Cases Go to Trial?

A common question we are asked from our clients who have been a victim of an injury accident is “Will my case go to trial?”  This is a difficult question to answer.   As trial lawyers, we firmly believe that the only way to obtain the true value of any injury is by a jury.  With that said, not every case is suitable for a lawsuit or trial.   The decision to file a lawsuit and go to trial is determined on a case-specific basis.  The answer to this question, however, is usually “no.” This is due to a number of different factors.

Litigation is Expensive

Filing a lawsuit on a personal injury claim can cost a lot of money. Costs include such things as filing costs, taking depositions, mediation costs, and hiring expert witnesses.   Then, if the case doesn’t settle, there will also be the costs of the trial itself.  These costs include the costs of deposition transcripts, exhibits, and paying expert witnesses to testify.  The cost of the expert witnesses alone can run thousands of dollars each.  All of these costs add up – and sometimes can rival any potential settlement.

Often, what may seem like a low settlement offer early in a case may end up being the best resolution given the amount of money it will take to try and obtain a larger recovery.   An important part of our job as personal injury attorneys is performing this costs analysis, and this is a major factor to consider in deciding whether to go to trial.

Negotiation is Less Adversarial

When you file a lawsuit, the insurance company will stop at nothing to try to defeat you.   They will question you, scour your social media, and make your life an open-book.  These tactics will only get worse the further you go in the litigation process.   By the time of trial, you can guarantee that the insurance company will have paid an investigator to follow you around and they will have hours, if not days of surveillance video to use against you.   For those who value their privacy, the thought of this can be stressful.  Negotiating a settlement in your case can prevent much of this kind of conduct.  If you choose to settle your case, however, your case will be over.  You will not be able to seek any further recovery, even if you need future medical treatment.

There is No Guarantee of Recovery at Trial

Insurance companies are in the business of risk assessment.   If an insurance company makes the decision to go to trial, it likely believes that it has a chance of succeeding on one of the many defenses it has raised to your claim.  No matter how good you think your case is, if you choose to go to trial there is always a risk that a jury may side with the insurance company.  For those who are risk-averse, a trial may not be for you.

It should be noted that we cannot guarantee any particular result, nor can we guarantee any recovery at all.  If an attorney makes these types of guarantees to you, we recommend that you continue searching for the right personal injury attorney to handle your case.

When Trial is Necessary

Sometimes trials are necessary.  This can be due to the insurance company refusing to pay a reasonable amount to settle your case, or its refusal to pay anything at all.   That’s why in any personal injury case, it’s vital to have a qualified attorney in your corner from the moment you file a lawsuit.  While all Florida personal injury attorneys can go to trial, surprisingly most do not make trials a part of their practice.  Accordingly, it’s important that you have personal injury attorney that has the experience to go to trial and will help you fight your case, defend your rights, and give you the best chance at a significant recovery.

Free Information

If you have questions about your Florida accident case, you can download our Free Reports:

  1. Your Guide to Florida Car Accident Claims;

  2. The Ultimate Guide to Florida Slip and Fall Cases; and

  3. 5 Medical Mistakes That Will Destroy Your Personal Injury Case

which are available at our website, or you can click the link provided.  You can also contact us at (813)419-3866 to talk directly to an Apollo Beach personal injury attorney now.

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