Will My Case Go to Trial in Florida?

At Zweben Law Group, our clients sometimes ask, “Will my case go to trial?” The straightforward answer is not necessarily. Most personal injury cases are resolved before reaching the courtroom steps. We guide you through the negotiation process to secure a fair settlement without needing a trial.

Assessing the Odds of Going to Trial

Statistically, most personal injury claims are settled out of court. This is because trials can be unpredictable, lengthy, and expensive for both parties. At Zweben Law Group, we prepare every case as if it will go to trial. This preparation often encourages the other side to make a fair settlement offer to avoid the uncertainties of a trial. The statistics lean heavily towards settlements over trials for several reasons:

  1. Risk and Uncertainty of Trial Outcomes: Trials are inherently unpredictable. Even with solid evidence, a judge or jury’s perception of the case cannot be guaranteed. 
  2. Cost Considerations: Trials are expensive. They involve court filing fees, costs for expert witnesses, and other miscellaneous expenses. The longer the trial, the higher these costs. Both parties often wish to avoid these expenses, making settlement a more economical choice.
  3. Time Factor: Legal proceedings can be lengthy. From the initial filing of the lawsuit to the actual trial, it can take months or even years. A settlement speeds up the resolution process, allowing both parties to avoid the time-consuming nature of a trial.
  4. Public Exposure and Privacy: Trials are public records. For individuals and businesses concerned about their reputation, the public nature of a trial might be undesirable. Settlements can often be kept confidential, offering a more private resolution.
  5. Stress and Emotional Toll: The trial process can be stressful and emotionally draining for the parties involved. The adversarial nature of a trial, coupled with the uncertainty and length, can take a toll. A settlement can provide a more amicable and less stressful resolution.
  6. Control Over Outcome: In a settlement, both parties have some control over the outcome. They can negotiate mutually acceptable terms. In contrast, a trial leaves the decision in the hands of the judge or jury, removing control from both the plaintiff and defendant.

Settlement Discussions in Florida

Settlement discussions require patience, good timing, and a clear understanding of the rules. Your injury claim is often settled through back-and-forth negotiations with the at-fault party’s insurance company. Our role involves articulating the extent of your injuries, the impact on your life, and why you deserve the amount we ask for. These discussions can lead to a settlement that fully compensates you without ever stepping foot in a courtroom.

The Role of Mediation in Florida Personal Injury Cases

Before even thinking about a trial, mediation is often a required pit stop in Florida’s personal injury claim roadmap. It’s a chance for both sides to discuss the case with a neutral third party — the mediator — to try to find a resolution. At Zweben Law Group, we participate in these sessions with a detailed understanding of your case, ready to advocate for your best interests, aiming to resolve your case efficiently and effectively.

Preparing for Trial in Florida When Necessary

The next step may be a trial if a settlement isn’t reached. In Florida, the personal injury trial process involves presenting your case to a jury or judge (typically jury when it comes to personal injury cases). We’ll lay out the evidence, call witnesses and argue on your behalf for the compensation you deserve. However, it’s worth noting that even at this stage, settlements can still happen, sometimes even in the middle of the trial.

Statute of Limitations in Florida

Remember, in Florida, there is a time frame to take legal action for personal injury claims — it’s called the statute of limitations, and it’s typically two years. If you’re contemplating a claim, it’s crucial to start the process early to avoid being barred from seeking the compensation you need.

The Zweben Law Group’s Commitment

Whether you’re facing a minor incident or a serious injury, we’re committed to steering you through to a resolution. We’re your advocates, whether it’s at the negotiation table or in the courtroom, across all of Florida. Contact Zweben Law Group at 772-223-5454 to book a free consultation and get the support you deserve.

*Whether you’re dealing with a minor injury or a severe disfigurement resulting from an animal attack, our team is here for you. Get in touch with a Florida injury firm that can help. Contact Zweben Law Group, based in Stuart, Florida, and serving you across all of Florida. Call us at 772-223-5454 or online to schedule a FREE initial consultation.