Do I Have to Go to Court for a Florida Injury Claim?

You were injured in an accident and now you don’t know where to turn. You don’t know what to do first. This scenario unfolds for thousands of people every day. It’s a stressful and confusing time for certain.

After making sure you receive medical treatment, you can start thinking about reaching out to an attorney. You don’t realize it yet, but hiring an attorney for personal injury cases is by far the best move you can make. We can make the entire process go smoother, creating less stress for you and your family. Also, when the services of an attorney are used, awards and settlements are typically much higher.

Speaking of settlements and awards, they are the reason we created this article. People usually ask us in the very first meeting if this means that they will be required to go to trial. This simple fact of the matter is that an overwhelming majority of cases are settled long before they hit the trial phase.

Here is a look at the steps leading up to a trial:

Investigation and medical treatment – You seek medical care, gather evidence (police reports, photos, witness statements, medical records), and an attorney evaluates the claim. In car accident cases, you generally must begin treatment within 14 days to preserve Personal Injury Protection (PIP) benefits.

Demand and negotiation – Once your medical condition has stabilized or reached maximum medical improvement, your attorney typically sends a demand package to the insurance company. This includes evidence of liability, medical bills and records, lost wages, and other damages. Many cases settle at this stage.

Lawsuit filing (if needed) – If the insurer does not make a fair offer, your attorney may file a lawsuit. Filing a complaint starts the formal court process, but it does not mean a trial is inevitable. Many cases settle after the lawsuit is filed once discovery (exchange of information) begins and both sides have a clearer picture of the evidence.

Mediation or settlement conferences – Florida courts often encourage or require mediation before trial. A neutral mediator helps the parties discuss resolution. A significant number of cases that reach this stage settle.

Trial – Only a small percentage of cases proceed to trial. Even then, cases can settle on the courthouse steps or during the trial itself.

When They Actually Go to Trial

There is multiple scenarios which may lead to your case ending up in trial.

1. The insurance company disputes liability or claims you are mostly at fault (especially important under Florida’s >50% comparative negligence bar).
2. There is disagreement about the seriousness of your injuries or the value of your damages.
   Policy limits are low relative to the injuries, or there are multiple defendants or insurance coverage issues.
3. The case involves complex issues such as disputed medical causation, product liability, or claims against government entities (which have special notice requirements and damage caps under Florida’s sovereign immunity rules).
4. The parties simply cannot reach agreement after good-faith negotiations.

If You Do Go to Trial

If your case is one of the less than 10% of cases which actually goes to trial, you will want an attorney who has plenty of experience in a courtroom. You can ask your attorney on day one if they’ve ever handled cases in court. You can ask them how many they’ve handled and when was the last case they had that actually went to trial.  A good trial attorney won’t hesitate to answer these questions and will be proud of their record.