What Will Happen If My Florida Personal Injury Lawsuit Ends Up in Court?
If your personal injury lawsuit cannot be settled with an out-of-court settlement, both parties must go to trial. Knowing what happens during court proceedings ensures you are well-prepared for the case and improves your chances of worthy compensation.
In Florida, 95% of personal injury cases get settled out of court. Most Florida personal injury attorneys prefer to avoid court since the procedure is lengthy, time-consuming, and relatively expensive. But if the settlement offer is unfair, they’ll lead you through all court proceedings.
Here is what to know if your Florida personal injury lawsuit goes to court.
Florida’s Personal Injury Protection Law Explained
All drivers are required to carry at least $10,000 in insurance coverage for lost wages and medical expenses according to the Personal Injury Protection law in Florida. Even if at fault, your insurance covers up to 80% of all necessary medical expenses in case of a car crash.
Unfortunately, your coverage may be insufficient to cover all these expenses. In such a situation, pursue compensation from the liable party by filing a personal injury lawsuit.
Why Your Personal Injury Lawsuit Can Go to Trial
A significant percentage of personal injury cases in Florida settle pretrial. Sometimes, the best way to achieve worthy compensation is to go to trial and let the justice system solve your dispute.
Your lawsuit is better when taken to trial if:
- The insurer of the party at fault fails to offer a fair settlement
- Neither of the parties takes liability for the accident
- The insurance company’s compensation is not enough to cover your injuries and damages
Note that all cases have a right to fair settlement; not even the court can force you to settle.
What Happens When Your Personal Injury Case Goes to Court?
Having your Florida personal injury claim go to court is better than most may assume. You can present your case and the relevant evidence as the plaintiff. Your attorney will have helped you collect, analyze and present the evidence before court proceedings to help strengthen your case.
You must find a qualified and skilled personal injury to help convince the jury and judge that you are the victim. All the evidence gathered should prove that the defendant acted negligently and caused the damage and injuries. Some critical pieces of evidence to produce at a personal injury trial include:
- Witness and expert testimonies
- Medical records
- Accident reports
The defense also gets to present its case; their primary objective is to discredit your accident liability claims. After hearing both sides, the judge or jury decides who’s liable. They will also determine how much money you’ll get as compensation for your injuries and damages if you win the case.
Should You Take Your Personal Injury Lawsuit to Court?
Taking your personal injury claim to court has its advantages and disadvantages. Although it is a risky and time-consuming approach to settling your case, you are more likely to get better compensation. Your personal injury attorney should help negotiate settlement offers first before advising you to go to court.
Pros
Better Compensation
Your case is going to trial primarily to get better compensation than what was offered pretrial. If you have a knowledgeable attorney and a strong case, the jury will be more sympathetic and reward you with more money for your suffering.
Better Sense of Closure
In most pretrial settlements, no party admits fault or guilt. Winning your case provides a better sense of closure as the liable party gets to pay for all the damages and injuries caused.
Cons
You Don’t Make the Decisions
Having your Florida personal injury lawsuit go to court is risky because the verdict is no longer in your control. Instead, the judge or jury analyzes the evidence and finds the party at fault.
Time-Consuming and Relatively Expensive
Be ready to wait longer and pay more when taking your personal injury case to court. A pretrial settlement takes up to six weeks, while trials take twice as long.
Conclusion
Finding a professional personal injury attorney in Florida will help analyze your case and decide if it is feasible to go to court. Note that court proceedings are lengthy and more complicated, but the rewards make it even more worthwhile.