Should You Expect a Settlement or a Trial in a Personal Injury Claim in Florida?
If you’ve been injured in an accident in Florida due to someone else’s negligence, you may be wondering what comes next. Will your personal injury claim be resolved through a settlement, or will you have to go through the stress of a trial?
The answer depends on several factors—such as the specifics of your case, the willingness of the parties to negotiate, and the strength of the evidence. Understanding the difference between a settlement and a trial can help you prepare for what lies ahead and make the best decision for your situation.
What Is a Personal Injury Settlement?
A settlement is a resolution reached between the injured party (you) and the insurance company or at-fault party outside of court. Settlements are the most common way personal injury claims are resolved in Florida.
Benefits of Settling:
-
Faster resolution – Settlements can be reached in a matter of weeks or months.
-
Lower costs – Avoiding court means fewer legal fees and litigation expenses.
-
Less stress – No court appearances or depositions are typically needed.
-
Certainty – You know exactly how much compensation you’ll receive.
In most cases, a settlement is reached after your attorney negotiates with the insurance adjuster. If both parties agree on a fair amount, the case ends there.
When Does a Case Go to Trial?
If negotiations fail, or if the insurance company denies liability or offers an unreasonably low settlement, your case may proceed to trial. This means a judge or jury will hear your case and determine whether you’re entitled to compensation—and how much.
Why a Trial Might Be Necessary:
-
The insurance company disputes fault or liability
-
There’s disagreement about the severity of injuries
-
The defendant refuses to offer a fair amount
-
Your attorney believes you’ll receive more compensation at trial
Trials can be unpredictable, expensive, and time-consuming. However, in some situations, going to court is the only way to secure the justice and compensation you deserve.
What Are the Chances of Going to Trial in Florida?
Statistically, most personal injury claims in Florida settle before reaching trial. According to national data, fewer than 5% of personal injury cases go to court. This means there’s a very good chance your case will settle—especially if the evidence is strong and the insurance company knows you’re prepared to go to trial if needed.
However, even if you don’t go to court, the willingness to go to trial can strengthen your position during negotiations. Insurance companies are more likely to settle for a fair amount if they know your lawyer is experienced and ready to litigate.
Factors That Influence Whether You’ll Settle or Go to Trial
-
Strength of Evidence – Solid proof of liability and medical records often lead to quicker settlements.
-
Extent of Your Injuries – More severe injuries with long-term impact may lead to higher settlement demands and resistance from insurers.
-
Insurance Company’s Behavior – Some insurers are known for lowballing offers or denying claims outright.
-
Your Legal Representation – An experienced personal injury attorney will know when to push for a trial and when to settle.
-
Your Goals and Risk Tolerance – Some clients prefer a guaranteed settlement, even if it’s lower, while others are willing to take the case to court for a chance at higher compensation.
What Should You Do?
As the injured party, your main responsibility is to heal and gather documentation—such as medical bills, photos of injuries or the accident scene, and witness statements. Your attorney will handle negotiations and advise you on whether to settle or proceed to trial.
Tip: Always discuss both options with your lawyer. An honest attorney will tell you if a settlement offer is fair or if it’s worth fighting for more in court.
At Mark Schiffrin P.A., I Always Put Your Best Interest First
As a South Florida personal injury attorney with over 30 years of experience, I carefully evaluate each case and give my clients a clear roadmap. If a fair settlement can be reached, I will work diligently to negotiate it. If not, I am fully prepared to take your case to trial and fight for the compensation you deserve. You will work directly with me throughout the process—not with a case manager or junior associate. My goal is always to resolve your case in the most effective way possible while keeping you fully informed at every stage.
Have questions about your case? Contact me today for a personal consultation.
