You may have heard that the vast majority of personal injury cases are settled, but even that is kind of an understatement.
According to the US government, somewhere between 95 and 96 percent of these cases end in a settlement. In other words, lawsuits based on injuries sustained during incidents such as car accidents almost never go to trial – and for good reason.
Going to trial is a bit of a wild card. While your lawyer will do their best to put forth the strongest case possible for your claim, there’s ultimately no knowing which way the judge or jury will decide.
Generally speaking, having a judge overhear your case is better than letting a jury decide it. Your attorney will get to help select the jury, but he or she still has to work within the existing pool of people, and they may not be friendly to your arguments. But it’s still dicey.
Moreover, compared to coming to a settlement, going to trial is lengthy and expensive. Sure, it has the potential to lead to a bigger payout in the end, but in most situations, it just isn’t worth it.
That being said, there are still some auto accident cases that do go to trial.
Reasons Why Some Florida Car Crash Injury Cases Go All the Way to Trial
When it comes down to it, there is really only one reason: the two parties can’t come to an agreement. However, this can be broken down into a few smaller reasons.
Parties can’t agree on who caused the accident. If you and the other party are unable to come to an agreement regarding who is responsible for the crash, there is little left to do other than head to trial.
Why? Because they are unlikely to provide you with compensation – and certainly not reasonable compensation – if they won’t even admit that they are to blame.
Parties can’t agree on compensation amount. There is a lot to unpack here. It could be that the other party is being unreasonable and won’t offer you a fair amount. Or the insurance adjuster is unable or unwilling to negotiate. In some cases, it may even be that the victim believes they deserve an amount beyond what most would call fair or reasonable.
Whatever the reason, if you can’t come to an agreement on compensation, the case will end up in trial.
Plaintiff determined to go to trial. For some victims, filing a lawsuit is about more than coming to a certain number that both sides deem as “fair.” They have something to prove, and they think that trial is the best place to do that.
Maybe they believe that going to trial will shine a light on a big issue or bring them closure. Or they think that it’s the only way to really make the other party face consequences for their actions. Or it’s important to them that a judge or jury tell them they are in the right.
A Knowledgeable Florida Injury Lawyer Can Help You Choose the Path That’s Right for You
All of this is why it is so important to choose your personal injury attorney very carefully. Make sure not only that they have a strong track record of success in cases like yours (both in terms of negotiating favorable settlements and in going to trial), but also that you feel comfortable working with them. You should trust their skill and advice.
An experienced injury lawyer should have a pretty good idea what the “going rate” is for your injuries. They will be able to tell you whether or not you are truly getting a good settlement or if it is worth your time and energy to fight it out in court.
It starts with you trusting and believing them though. Get started today by setting up a free initial consultation at our office.
About the Author:
A partner at Lawlor, White & Murphey and a distinguished personal injury lawyer, Ben Murphey tries complex disputes that include civil appeals, maritime and admiralty claims, wrongful death, and labor disputes. Mr. Murphey has been recognized for his excellence in the area of personal injury litigation by being rewarded with a 10/10 Avvo Rating and named a Super Lawyers “Rising Star” for the last four consecutive years (2011-2014). Mr. Murphey regularly tries cases in state and federal courts around the country, being admitted to practice before all Florida courts and the United States Court of Appeals for the 11th Circuit.