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What Happens When Your Florida Personal Injury Case Goes To Trial?


If you’ve been injured in an accident in Florida because of another party’s negligence, you may be wondering if you will have to go to trial to recover compensation. In reality, very few personal injury cases go to trial. It is estimated that 95% to 96% of personal injury cases in the United States are settled before reaching trial. However, there are situations where going to trial is the best option. Therefore, if you recently suffered injuries in an accident because of another party’s negligence, it is best that you prepare yourself for the possibility of your case going to trial. It is best to know what to expect if your case goes to trial.

Why Would a Florida Personal Injury Case Go to Trial?

As already mentioned, most personal injury cases settle pretrial. However, there are times when it is best to take a personal injury case to trial. Below are some situations when it could be best to take a Florida personal injury case to trial.

  • The at-fault party’s insurer refuses to offer you a fair settlement
  • Both parties cannot agree on who is liable for the accident
  • Despite your attorney’s negotiation with the at-fault party’s insurance company, the insurance company will not accept to pay you more for your injuries and damages

Remember, nobody, not even the court, can force you to settle your injury case. You have the right to have a judge or jury decide your injury case.

What Happens When Your Florida Personal Injury Case Goes to Trial?

When your Florida personal injury case goes to court, you as the plaintiff will be granted an opportunity to present your evidence first. An attorney can help you gather the evidence you need for trial and present it in front of the court. A qualified personal injury attorney can help you convince the judge or jury that it is “more likely than not” that the defendant acted negligently and caused your injuries and damages. Fortunately, in a personal injury case, you don’t have to prove your case beyond a reasonable doubt.

Some of the evidence you can produce at trial include;

  • Medical records
  • Witness testimony
  • Expert testimony
  • Accident reports

After you have presented your evidence, the defense side will then have a chance to present their case.

Once you and the defense side have presented your cases, a judge or jury will decide who is liable for your injuries and damages. And, if the defendant is found liable, the judge or jury will decide how much money you should be awarded for your injuries and damages.

Personal injury lawsuits can be expensive, so if an experienced attorney advises that you proceed to trial, it means they are confident you have a strong case that can win you a substantial amount of money. Most attorneys will not take a personal injury case to court if they do not believe the case is strong enough to win the money the plaintiff deserves.

Contact Us for Legal Help

Our Jacksonville personal injury attorneys at The Pendas Law Firm have years of experience representing personal injury victims. Our team understands what it takes to win a personal injury case and is not afraid of taking your case to trial if securing an out-of-court settlement proves impossible. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Miami, Tampa, Ocala, Orlando, West Palm Beach, Bradenton, and Daytona 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
  • “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