Switch to ADA Accessible Theme Close Menu

WE'RE HERE FOR YOU.

A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Call us anytime for an always free consultation.

Florida Personal Injury Lawyers
Call, Text, or Chat: 1-888-LPENDAS
(573-6327)
Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Should You Settle Your Personal Injury Case Out-of-Court or Go To Trial?

Accident

After someone else’s negligence causes an accident that leads to you suffering an injury, you have the right to seek compensation. In Florida, there is more than one way of seeking compensation. If you are wondering how to handle your case, you should talk to a personal injury attorney who can guide you through your legal options. Keep in mind that just because a particular option works for other people, does not mean it is suitable for your case. No two personal injury cases are ever the same; therefore, each person should handle their case uniquely. A qualified attorney can help you best understand your case’s value and specifics and why a particular option is best for you.

Florida allows you to settle a personal injury case out-of-court or in court through a trial. Your attorney will advise you to opt for either for various reasons. For example, in a situation where an insurance company stubbornly refuses to pay fair compensation, even though a victim’s case is worth a substantial amount of money, an out-of-court settlement may not be the best option.

Below, we discuss these two options in more detail.

Out-of-Court Settlement

An out-of-court personal injury case settlement is a formal resolution of a personal injury claim before a jury or judge hears it.

The general process for settling a personal injury case out-of-court is outlined below.

  1. A plaintiff’s attorney submits a demand letter.
  2. The defense attorney responds to the demand letter, usually with a counter-offer.
  3. The two sides negotiate then reach an agreement, which is sometimes influenced by the counter-offer.
  4. Involved parties sign a formal settlement document which usually includes a release of liability.

Pros of out-of-court settlements include,

  • The chance to resolve matters fast.
  • Significantly reduced attorney fees.
  • Confidentiality of settlement terms.

Cons of an out-of-court settlement include;

  • Increased chances of receiving low settlements.
  • The non-appealable nature of such settlements.

Court Trial

Solving a personal injury case through a trial involves parties presenting their arguments to a judge or jury. In a court trial, the judge or jury listens to both sides and evaluates evidence. They then decide if a plaintiff has established liability and fault and if a defendant should be held legally responsible for the plaintiff’s damages.

Some of the pros of a trial include;

  • High possibilities of obtaining more compensation.
  • Public admission of their wrongdoing on the side of the at-fault party.
  • The possibility of a plaintiff receiving compensation for punitive damages.

Cons of a trial include;

  • The possibility of a lengthy trial.
  • The expensive nature of trials.
  • The public nature of trials.

Legal Advice Is Available

Deciding how to tackle a personal injury case is often more challenging and complex than people think. It would be best if you sought expert advice to avoid making the wrong decision. To receive professional advice, reach out to our experienced Miami personal injury lawyers at the Pendas Law Firm. Due to our years of experience helping clients pursue the compensation they deserve, you can be sure that we will properly advise you on the best option for your case. Contact us today to schedule a free consultation.

The Pendas Law Firm also represents clients in Orlando, Jacksonville, Ocala, Daytona Beach, Tampa, Bradenton, Fort Myers, Fort Lauderdale, and West Palm Beach areas.

Resource:

flsenate.gov/Laws/Statutes/2011/Chapter768/All

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