How Many Florida Personal Injury Claims Go to Court?
Sometimes, suing a negligent party is the only way to recover the money you need to cover your costs and losses after a personal injury accident. However, very few personal injury lawsuits actually go to trial.
Many of these civil cases do not even require filing a lawsuit. A personal injury claim based on the at-fault party’s insurance coverage could settle with an appropriate payout before you file a lawsuit.
Contact a Florida personal injury lawyer for help navigating the legal process in your case as soon as possible after your injuries occur. Your attorney will build a compelling case, negotiate for fair compensation, and help you avoid going to court.
What Percentage of Personal Injury Cases Go to Trial in Florida?
Under 5 percent of all personal injury cases will go to trial. Even when accident victims file a lawsuit, most claims reach a settlement agreement before the court date is on the docket or the trial date arrives. This reason is why some courts require mediation before they schedule a trial.
The U.S. Bureau of Justice Statistics (BJS) does not closely track this percentage, but historical data shows that between 3 and 5 percent generally reach trial. One study conducted by the BJS found:
- Plaintiffs won, on average, half of the cases that went to trial
- The success percentage for plaintiffs greatly depended on the type of case
- Plaintiffs received compensation in 61 percent of car accident trials
- Plaintiffs won only 26 percent of medical malpractice trials
A more recent study of Florida personal injury cases found that the state had many more injury lawsuits per capita than any other state. In fact, there were 1,237 percent more injury lawsuits filed in Florida in one recent year than the national average. This means many more cases also go to trial in Florida than in other states.
When Does a Florida Personal Injury Case Need to Go to Court?
Under some circumstances, it is necessary to take a Florida personal injury case to trial. Some situations will never settle because of disputes between the victim and the liable party or other issues. There is simply not enough common ground for the two parties to reach an agreement.
Some reasons why your personal injury lawyer might recommend filing a lawsuit or why your case might not settle before the trial date arrives include:
- The liable party lacks insurance coverage
- The liable party or insurance carrier refuses to take responsibility
- The case has little compelling evidence to prove the case
- The defendant blames you or claims there is shared fault
- There are questions of fact or applicable laws
- The liable party disputes your damages or the severity of your injuries
In any of these situations, taking your case in front of a judge or jury may be the only way to resolve the disagreements and determine legal liability.
Why Do So Many Personal Injury Cases Settle?
A settlement is advantageous to the injured party, the liable party, and the insurance company in most personal injury cases. Some of the benefits of a negotiated personal injury settlement include:
- A settlement is significantly cheaper, saving court costs, discovery expenses, and additional legal fees
- It generally takes much less time to settle a case than it does to prepare for trial, wait for the trial date, and navigate the appeals process if needed
- You retain much more control of the outcome of a case when you can negotiate a fair settlement agreement than when you go to trial and hand the outcome over to a judge and jury
- Settlements can allow you to maintain privacy and confidentiality while all trial proceedings are public knowledge
- A settlement is sometimes preferred because of an existing relationship between the victim and liable party, since it is generally much less adversarial than going to trial
When a settlement is possible, it usually benefits everyone involved. This is one reason why such a small percentage of personal injury cases in Florida go to court.
How Can a Personal Injury Lawyer Build a Compelling Case?
When you have a skilled lawyer managing your Florida personal injury case, you have a better chance of winning the compensation you deserve, regardless of whether you settle the case or go to trial. At the heart of recovering an appropriate payout is having strong, convincing evidence to show:
- The at-fault party acted negligently
- They caused the accident or incident
- You suffered injuries and damages
When you hire a personal injury lawyer in Florida, they will investigate what happened and develop a robust strategy to support getting justice in your case. During this time, you can continue your treatment and healing from your injuries. They will provide you with regular updates, answer your questions, and discuss any settlement offers or necessary decisions with you.
What Is the Deadline for Filing a Lawsuit in Florida?
Under Florida Statutes § 95.11, you only have a limited time to file a lawsuit based on the statute of limitations. As of 2024, this deadline is two years for most personal injury and wrongful death cases. If you miss this filing deadline, the judge will likely bar your case from court, and you will struggle to recover a fair settlement.
Meeting the filing deadline is vital. If you need to sue to recover fair compensation, you must act quickly. We recommend contacting a personal injury attorney early to ensure you meet any additional deadlines that might apply in your case. Once you hire a lawyer, they will determine the timeline and adhere to it to protect your right to fair compensation.
Contact Our Florida Personal Injury Team for Your Free Initial Consultation
Meldon Law will review your case for free. We help injury victims in Florida negotiate settlements or take their cases to court and fight for fair compensation. Contact us today to learn about your rights and legal options based on your injury case.
