You’ve been through a harrowing experience. Perhaps you’ve suffered an injury due to a car accident, slip and fall, medical malpractice, or another unfortunate incident. The prospect of filing a personal injury claim has crossed your mind, but one question looms large: Will my case go to trial? The idea of a courtroom battle can be intimidating, with its complexities and costs. However, it’s essential to understand that most personal injury cases never see the inside of a courtroom.

What are Settlements in Personal Injury?

Before diving into the trial aspect, let’s explore what a settlement is in the context of personal injury law. A settlement is a negotiated agreement between the injured party (the plaintiff) and the party responsible for the injury (the defendant) or their insurance company. In a settlement, the defendant agrees to pay a sum of money to the plaintiff in exchange for the plaintiff dropping the lawsuit and releasing any claims against the defendant.

After you’ve accepted a settlement, you lose the ability to challenge the amount’s fairness. The sole remaining question is whether the defendant will fulfill their obligation to pay the agreed-upon amount. If they fail to do so, you can utilize the terms of the settlement agreement to initiate a contractual legal action.

Why Most Personal Injury Cases End with Settlements

The majority of personal injury cases end with settlements, and there are several compelling reasons for this:

Predictability: Trials are inherently unpredictable. If a case proceeds to trial, the outcome isn’t guaranteed to be in your favor. It can result in either reduced compensation for your injuries, dismissal of the case, or a significantly higher award. Additionally, the party that loses might not immediately experience the consequences of the verdict. An appeals process could extend the case’s timeline by several years, which means it might take a considerable amount of time to receive your settlement, even if you win. Parties often prefer the certainty and control that settlements offer.
Cost-Efficiency: Going to trial can be costly. Legal fees, court costs, expert witness fees, and other expenses can add up quickly. If you lose, you will have to pay all these out-of-pocket. Settling the case can often save both parties time and money.
Time-Consuming: Trials can drag on for months or even years. Settlements allow for a quicker resolution, enabling the injured party to receive compensation more promptly.
Privacy: Trials are public proceedings, and details of your case may become part of the public record. Settlements, on the other hand, can be kept confidential.

Understanding Injury Trials

While most cases settle, some do proceed to trial. An injury trial is a legal proceeding in which the plaintiff and defendant present their evidence and arguments before a judge and, in some cases, a jury. The judge or jury then determines liability and, if applicable, the amount of compensation the plaintiff should receive.

Reasons for Injury Cases to Go to Trial

Several factors can lead to a personal injury case going to trial:

Disagreement on Liability: If the parties involved cannot agree on who is at fault for the injury, a trial may be necessary to determine liability.
Disputed Damages: Sometimes, the parties may agree on liability but disagree on the extent of the damages suffered by the plaintiff. In such cases, a trial can determine the appropriate compensation.
Unwillingness to Settle: One party, often the defendant or their insurance company, may be unwilling to offer a fair settlement amount. This can push the case toward trial.
Principle or Precedent: Some cases are driven by principle, where one or both parties are unwilling to settle on moral or ethical grounds. In other cases, parties may pursue a trial to set a legal precedent.

Factors That Influence Settlement vs. Trial

Several factors can influence whether a personal injury case settles or goes to trial:

Strength of the Evidence: The strength of the evidence on liability and damages can significantly impact the likelihood of settlement. Strong evidence in your favor may motivate the other party to settle.
Insurance Coverage: The availability and limits of insurance coverage play a role. If there is substantial insurance coverage, the defendant’s insurer may prefer to settle rather than risk a larger judgment at trial.
Cost of Litigation: Both parties assess the cost of going to trial. If it’s prohibitively expensive, they may be more inclined to settle.
Willfulness: Sometimes, the determination of one or both parties can push a case to trial. If you’re unwilling to accept a low settlement offer, you might proceed to trial to seek fair compensation.

Should You Pursue a Trial?

Deciding whether to pursue a trial should not be taken lightly. Here are some pros and cons to consider:

Pros of Pursuing a Trial:

Potentially Higher Compensation: Trials can result in larger awards than settlements, especially when there is significant negligence involved.

Principle and Accountability: Going to trial can hold the responsible party accountable for their actions and set a precedent for similar cases.

Cons of Pursuing a Trial:

Uncertainty: Trials are uncertain, and there is no guarantee of success. You could receive less compensation or even lose your case.

Time and Stress: Trials can be lengthy and emotionally taxing. They require extensive preparation and court appearances.

Legal Costs: Legal fees and court costs can accumulate quickly during a trial, potentially reducing your net recovery.

Let an Experienced Personal Injury Lawyer Help You Make the Best Decision

In the realm of personal injury law, trials are the exception rather than the rule. Most cases are resolved through settlements, offering a quicker and more predictable path to compensation. However, each case is unique, and the decision to settle or go to trial should be based on a careful evaluation of the specific circumstances. An experienced personal injury attorney can guide you through this process, helping you make the right choice for your situation.

If you’re considering filing a personal injury claim in Florida and have concerns about whether your case might go to trial, reach out to the dedicated team at Robinson & Casey. We’ve expertly handled numerous personal injury cases and have the proficiency to know when it’s best to settle or proceed to trial. Your path to justice and fair compensation starts with a conversation. Please don’t hesitate to contact us today.