Will My Florida Personal Injury Case Have To Go To Court?

If you were recently injured by another person’s negligence, you might be wondering if your personal injury case will go to trial. So, will your Florida personal injury case go to trial? It depends. Whether your case goes to trial will depend on the unique factors surrounding your case. Indeed, most personal injury cases don’t make it to court. However, if getting a fair settlement outside court proves impossible, your case may have to go to trial.

Why Do Personal Injury Cases Often Settle Outside Court?

Settling a personal injury case out-of-court can be advantageous to both the plaintiff and defendant. Below are some of the reasons insurance companies choose to settle personal injury cases outside court;

• Trials can be expensive and lengthy.
• Trials are more likely to make insurance companies look like the “bad guys.”
• Jury verdicts can hurt business.

Plaintiffs also prefer settling out-of-court court to save money and time. With a settlement, an injured party generally recovers compensation in a timely fashion. Additionally, settling out-of-court is generally less risky and less stressful.

Why Might Your Personal Injury Case Go to Trial?

Generally, your personal injury case might have to go to trial if you and the at-fault party’s insurance cannot agree to a settlement. For example, if the insurance company disputes the value of your claim, you might not be able to agree to a settlement, and that might result in your case going to court. Other instances that might result in you and the at-fault party’s insurance company not being able to agree to a settlement include cases where;

• The at-fault party is underinsured.
• The insurance company disputes your injury.
• The insurance company claims you are also to blame for your accident
• The insurance company acts in bad faith

Will I Get More if My Case Goes to Trial?

Often, trial awards are significantly higher than out-of-court settlements. For example, the judge may decide to award you more for the pain and suffering you have endured because of your injuries. Often, insurance companies try to minimize the amount of money they pay victims for pain and suffering.

Time Limit for Filing a Personal Injury Lawsuit in Florida

If your Florida personal injury case has to go to trial, you must file your lawsuit within four years from the date of your accident. This is according to Florida Statute 95.11. If you try filing your personal injury case after four years have passed since your accident, the chances are, the defendant will point out that fact, and the court will dismiss your case. Unfortunately, if your personal injury case is dismissed, it means you cannot recover damages for your injuries.

Contact Us for Legal Help

Our Jacksonville personal injury attorneys at The Pendas Law Firm can help you recover compensation for your injuries and damages, be it through out-of-court negotiations or a trial. We can help you deal with cunning insurance companies and ensure you recover the compensation you deserve. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Tampa, Orlando, Ocala, Fort Myers, Bradenton, Miami, West Palm Beach, Daytona Beach and Fort Lauderdale areas.

Resource:

flsenate.gov/Laws/Statutes/2012/95.11