Thinking of whether to settle personal injury cases or go to trial? Deciding which one to choose can be difficult. No two cases are identical. If you are seeking compensation for injuries you sustained in an accident, your personal injury attorney will evaluate your case and determine the best strategy. Some cases are settled, others go to trial.
But what is the best choice?
Our experienced personal injury attorney in Winter Park can help you stay informed about your options within Florida’s legal environment. If you have been injured due to someone’s negligence and are wondering whether to pursue a settlement or a court case, contact Abercrombie, P.A., at (407) 329-9504 or contact us online to schedule a Free Case Evaluation.
We can review and help you understand which strategy can maximize your compensation.
What is a Personal Injury Settlement?
A personal injury settlement is a private agreement between the injured party and the at-fault party’s insurance company. In some cases, the settlement is reached directly between the injured party and the defendant.
In a settlement, you agree to accept a specified sum of money in exchange for releasing all future claims against the at-fault party. The sum of money is negotiated legally, taking certain factors into account. Parties do not have to step into the courtroom in this case.
When do Personal Injury Settlements Typically Happen?
In Florida, personal injury settlements usually happen in the following three ways:
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Early Negotiation (before filing lawsuit)
An early negotiation occurs between 3 and 6 months after the accident. Once the injured party has completed their medical treatment or it is nearing completion, your personal injury attorney will calculate the total damages incurred.
Most personal injury cases settle during the discovery phase or at trial.
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During Settlement
Settlements can occur even during a trial. In some cases, the pressure of presenting live testimony before a jury prompts both sides to revisit negotiations and reach an agreement before a verdict is delivered.
Why do most cases settle?
Most personal injury cases settle for various reasons, and both parties mutually evaluate the decision. Consulting an experienced personal injury lawyer in Winter Haven can offer flexibility in case of a settlement.
Here’s why most personal injury cases settle:
- Certainty in knowing what compensation you might receive.
- Speed of concluding faster than trials
- Lower costs than those of trials
- Better confidentiality in settlements compared to a trial.
- Settlements avoid reliving trauma in public compared to trials.
What happens when your case goes to trial?
When a settlement cannot be reached, or any party disagrees to get into a settlement, that personal injury case can go to trial.
Going to trial means that your case is before a judge or a jury. The judge or the jury will decide whether the defendant is liable and by how much. Stricter rules and greater complexity of evidence are present in personal injury trials.
How can Personal Injury Trials help?
Personal Injury Trials help by securing maximum compensation when insurance companies refuse to offer fair settlements. Here’s how trial processes can help:
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Maximizes Settlement Value
Showing your defense that your legal team is ready and willing to go to court can prompt higher Example Location Finder Settlement offers.
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Leverages Expert Testimony
Trials often rely on expert witnesses, such as accident reconstruction specialists, medical professionals, and economic experts, to establish liability and demonstrate the full extent of your injuries and future losses. An experienced personal injury lawyer in Winter Park can present expert testimony to strengthen the case.
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Jury Dynamics
A jury also brings a human perspective to the case, which can result in higher compensation for catastrophic or life-changing injuries than what is typically offered through insurance company valuation models.
Key Differences Between Personal Injury Settlements and Trials in Florida
| Category | Settlement | Trial |
|---|---|---|
| Average Payout | Moderate and Negotiated | High Potential that can vary |
| Risk Levels | Low, but can vary | High but can vary |
| Legal Costs | Lower from less litigation | Higher from expert deposition |
| Time to Resolution | Approximately 1 to 18 months | Approximately 2 to 4+ years in Florida |
| Statute of Limitations (Filing Deadline) | 2 years from the date of the accident | 2 years from the date of the accident |
| Certainty | High, as the potential compensation amount can be calculated beforehand | Low, as the injury may decide not to award any compensation |
| Stress Level | Lower, as the settlement process in private | Higher, as the public |
Which Pays More: Settlement or Trials?
Trial verdicts can be significantly higher than settlement amounts, but only when the jury rules in your favor. In the case of settlements, negotiations are more flexible, and the exact compensation amounts are usually known in advance.
How to Choose Personal Injury Settlements or Trials?
Over 95% of personal injury cases resolve through settlement, and a handful proceed to trial. One can go for a settlement if the following factors prevail:
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The Offer is Fair
The insurance company covers all your medical bills, lost wages, future care, and pain and suffering.
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Urgent Need for Money
If you are facing urgent medical debt or cannot work, settlements put your money in your pocket within weeks.
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Certainty is Required
Trials carry a risk of a “defense verdict”, where the jury awards you with nothing. Compared to this, in settlements, uncertainty is omitted, and mutually agreed-upon terms are negotiated properly.
More Related Questions
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Abercrombie, P.A., Helps with Legal Representation in Personal Injury Cases
If you are dealing with any form of personal injury in Winter Park, consulting a legal expert is crucial for evaluating your case. Understanding your rights and making informed decisions about settlements or trials can help you receive the best possible compensation.
Call us today at (407) 329-9504 to start protecting your health, your rights, and your path to meaningful compensation.