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Should You Resolve Your Personal Injury Case Out of Court?


Accidents happen, and when they do, they have the potential to be devastating. Serious injuries can result in high medical bills, lost wages, and ongoing pain and suffering. To compensate for these damages, Florida law allows for individuals to file a claim against the liable individual. When a claim is filed, it can either be settled outside of court between the two parties, or it can go to trial. If you are severely injured in an accident, you want to make sure that you get the highest possible compensation for the damages accrued. Many people think that the way to do this is to go to trial, but the truth is that settling outside of court can be much more beneficial, and can yield better results.

Why You Should Settle Outside of Court

At The Pendas Law Firm, our Fort Myers personal injury lawyers can help you determine the best course of action for your particular circumstances. However, sometimes settling outside of court is better. Here are four reasons why:

  1. A Swift Recovery

Settling outside of court can be done much more quickly than going to trial which, depending on the size of the case, can take weeks, months, or even years to complete. Some people cannot afford to wait to collect their damages years later, especially if their injuries put them out of work. By resolving your case in private, you can receive the compensation you need to pay off your medical bills, replace your lost wages, and achieve peace of mind.

  1. Certainty.

Settling outside of court guarantees that you will receive at least some compensation, while going to trial can sometimes result in no compensation. Even if you are 100 percent confident that the law is on your side, there is always the risk that you overlooked a major or even minor detail that could alter the course of your case.

When you settle your personal injury case outside of court, you are guaranteed to receive at least some form of settlement, even if it is not the settlement you had hoped for. At the very least, by knowing what kind of settlement you will receive can allow you to better plan for the future, and allocate funds on a priority basis.

  1. Lower Legal Costs.

While many personal injury lawyers work on a contingency fee basis—meaning that they do not get paid if you do not win your case—if you go to trial and win, the legal fees may end up eating up a lot of your settlement. You should weigh the cost of legal fees against what you could potentially win before you decide to follow through with a lawsuit.

Additionally, because settling outside of court can be done much more quickly, your legal fees will be kept to a bare minimum.

  1. Privacy.

Finally, when you settle outside of court you can keep your personal injury case – as well as your personal information – private. Any court proceedings are public records, and should you decide to go to trial, the details of your case can be made available to anyone who wants them. Furthermore, when you go to trial, details of your personal life as they relate to the case are fair game. This means that the defense could use a drinking or drug problem, history of violence, marital problems, and other potentially damaging pieces of information as evidence against you. When you settle outside of court, the public cannot access records of the proceedings, and nor will details of your personal life be put on spotlight for all the court to hear.

Contact a Fort Myers Personal Injury Lawyer

At The Pendas Law Firm, our personal injury lawyers help clients resolve their personal injury disputes both in court and outside of court. If you have been severely injured, we can provide the legal assistance you need to achieve the settlement you want. Whether this means negotiating a fair deal in private or taking the case to trial does not matter—what matters is that you receive the compensation you need to cover the cost of your damages. For a thorough case evaluation, contact our Fort Myers law firm at 1-888-LPENDAS or schedule a consultation online.

The Pendas Law Firm also serves clients in the Jacksonville, Orlando, Tampa, Miami, Fort Lauderdale, Daytona, Bradenton, and West Palm Beach areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald