You may be wondering whether your personal injury case will end in a trial if you have been injured in Florida due to someone else’s negligence. Many people naturally associate personal injury claims with dramatic courtroom scenes, but the reality is that most cases in Florida settle outside of court.
Still, there are situations where a trial becomes necessary. Understanding the factors influencing whether your case will go to trial can help ease uncertainty.
Most Tampa Personal Injury Cases Settle Before Trial
Over 90 percent of personal injury claims are resolved through settlements. A settlement is an agreement between you and the person or entity responsible for your injuries and damages. They are typically paid through their insurance company.
There are several reasons why settlements are preferred:
- Lower costs: Trials can be expensive due to court fees, expert witnesses, and other expenses.
- Time efficiency: Settlements usually resolve faster than trials, which can take months or even years.
- Predictability: Settlement agreements give both sides more control over the outcome, whereas trial results rest in the hands of a judge or jury.
- Privacy: Settlements are often confidential, while trials are public.
However, not every case can be settled fairly, and a trial may be necessary.
When Might My Personal Injury Case Go to Trial in Florida?
Some cases must proceed to trial due to unresolved disputes despite the benefits of a settlement.
Common reasons include:
1. Disputed Liability
A settlement may not be possible if the defendant refuses to admit fault or disagrees about who caused your accident. This is more common in certain cases, such as multi-vehicle car crashes. Each driver may blame the other, and their insurers may resist paying full compensation due to the dispute. A trial may be necessary for a judge or jury to determine who is legally responsible.
2. Disagreement Over Your Damages
Even when the defendant accepts liability, there may be a dispute over the value of your claim.
This is especially true in cases involving:
- Long-term or permanent injuries
- Disfigurement or loss of earning capacity
- Claims for pain and suffering
Going to trial may be the only way to pursue full compensation if a defendant or their insurance company undervalues your claim or denies certain damages.
3. Low or Unfair Settlement Offers
You may receive settlement offers far below what you need or deserve. Insurers often base initial offers on formulas that do not fully account for the long-term impact of injuries, including chronic pain, emotional trauma, or future expenses. If negotiations stall and the insurer refuses to pay what they owe, filing a personal injury lawsuit may be the only way to pursue full and fair compensation.
4. Bad Faith Insurance Practices
Insurers in Florida are required to act in good faith when evaluating and paying claims. A trial may be necessary to hold an insurer accountable if they unreasonably delay, deny, or underpay your claim. You may even have the right to pursue a separate bad faith lawsuit.
The Personal Injury Trial Process in Florida
Your lawyer will walk you through each step of the trial process if your case does not settle.
Here is generally what you can expect:
- Filing a lawsuit: Your lawyer will formally file a complaint in civil court outlining your claims.
- Discovery: Both sides exchange information, including depositions, interrogatories, and medical records.
- Motions and hearings: Either party may file pretrial motions to resolve legal issues or dismiss parts of the case.
- Jury selection: A jury of your peers will hear your case and determine the outcome in most cases.
- Trial: Both sides present their evidence, examine witnesses, and make legal arguments.
- Verdict: The jury or judge in a bench trial will issue a verdict, determining liability and awarding damages if appropriate.
- Post-trial motions and appeals: Either side may seek to challenge or modify the verdict.
A trial can be stressful and time-consuming, but with a skilled lawyer advocating for you, it may lead to a better financial outcome than a low-value settlement.
How a Tampa Personal Injury Lawyer Can Help You Avoid or Prepare for Trial
An experienced Florida personal injury lawyer will do everything possible to resolve your case while protecting your rights and maximizing compensation.
This includes:
- Negotiating aggressively with insurance companies
- Compiling strong medical and expert evidence
- Advising you on the fairness of any settlement offers
- Preparing thoroughly for trial, if needed
- Gathering strong evidence
Having a well-prepared and experienced trial lawyer on your side is sometimes enough to convince the other party to settle rather than risk going to court.
Contact Our Tampa Personal Injury Lawyers for a Free Consultation
While most Florida personal injury cases settle out of court, some require a trial, particularly when fault is disputed or the insurer undervalues your claim. At Mincone Personal Injury Lawyers, our experienced Tampa team is ready to fight for the full compensation you deserve. Whether your case settles or goes to trial, we’ll be with you every step of the way. Contact us today for your free consultation or call us at (813) 800-0810 to get started with your case.
