Do Personal Injury Lawyers Go to Court?

Americans file hundreds of thousands of personal injury lawsuits every year. Despite the steady uptick in lawsuits filed, an overwhelming majority of them never go to trial. In the chance that your case does go to trial, you want to be sure your case is ready and that you have a legal team that can handle defending your claim in a court of law. 

At Bernstein & Maryanoff Injury Attorneys, our attorneys are here to help you do just that. Get the legal guidance you deserve and work with our experts to learn more about your legal rights and options in Florida following a personal injury. 

Will My Personal Injury Case Go to Court?

When a personal injury case is filed, many people picture a classic courtroom scene where lawyers battle it out. This dramatized image is often very far from reality as an overwhelming majority of personal injury cases never reach a courtroom and are instead settled behind closed doors. 

But under what circumstances do personal injury cases go to court, and can you rely on a personal injury lawyer to represent you in front of a judge or jury? There are many reasons why a settlement is the best course of action, but other times, a resolution through court is the way to resolve a case.

Most Personal Injury Cases Settle out of Court

A recent Forbes report estimated over 95% of civil cases are resolved through a settlement. The settlement can be reached at any point in a personal injury case, even before the lawsuit is ever filed. 

When a settlement is reached, a plaintiff agrees not to pursue the case in court but instead agrees to a specific monetary sum to end the lawsuit. 

Settlement agreements are reached for a variety of reasons, with some of the most common reasons being:

Insurance Companies Avoid Lengthy and Costly Jury Trials

Insurance companies are typically named as defendants in a personal injury lawsuit because they represent the individual or entity that is being blamed for the injury. 

Insurance companies can avoid heavy judgments and a lengthy litigation process if they agree to a settlement payout instead. Plus, avoiding trials will also mean fewer costly legal fees. 

Related: When to Hire a Personal Injury Lawyer

Cases End Faster

The settlement process is also a much quicker way to resolve a personal injury case as opposed to a lengthy trial, which could take months, if not years, to end. This quicker resolution benefits both parties as defendants can go on with their operations, and plaintiffs can receive the compensation they need sooner. 

Victims Receive Compensation Sooner

Life does not stop after a personal injury accident, and victims are often left struggling to pay everyday bills, mounting medical costs, and other expenses. As such, many plaintiffs agree to enter settlement proceedings because it allows them access to compensation much sooner. Otherwise, a lengthy trial could mean victims don’t receive payment until months or even years after their injury. 

How Can a Personal Injury Attorney Help?

If you decide to end your case through a settlement, it’s important to understand that settlement discussions are much easier said than done. When you work with a skilled personal injury attorney, you’ll have a professional who brings with them negotiating skills to ensure your interests are represented as fully as possible every step of the way. 

Why Would a Case Go to Trial?

Certain circumstances may mean that your case is best resolved through a trial. In the very slim chance that your case goes to trial, it’s important to know why that might be and what to expect. Below are common reasons why a trial might be the best outcome for your case. 

The Plaintiff’s Injuries Were Severe

If a plaintiff suffers severe or catastrophic injuries in Florida, their case will likely be resolved through a trial. The severity of the injuries may mean that both sides want a thorough and detailed examination of the case, which is best done through trial procedures. 

In helping lay out all the information that led to a severe injury, both parties may call on expert witnesses, including accident construction specialists, medical experts, and others, to offer their input on where liability lies. 

The Cost of the Plaintiff’s Damages Are High

If a plaintiff’s damages are substantial, and both parties find it difficult to reach an agreed-upon settlement, a resolution will be reached through a trial. Damages that will often be disputed include the cost of long-term rehabilitation, the cost of ongoing medical expenses, and the financial impact the accident will have on the victim’s life, their dependents, and others. An individual’s earning and income potential will also be disputed at trial. 

Some Personal Injury Lawyers Don’t Care To Go to Court

While many personal injury lawyers are ready to take on your personal injury case, it’s important to recognize that not all personal injury lawyers will go to court. Some lawyers specialize in negotiating and prefer not to go to court, while others steer clear of court altogether. 

When working with a personal injury law firm, it’s essential to ask questions including “When do I need a personal injury attorney?” and “Do your personal injury lawyers go to court?” Doing so will help you determine if the attorney is the right fit for your case. 

Bernstein & Maryanoff Injury Attorneys Will Represent You in Court

At the law office of Bernstein & Maryanoff Injury Attorneys, our attorneys are ready to represent you, no matter the details of your Miami personal injury case. 

Our attorneys are committed to all the clients they serve both in and out of the courtroom. Our law firm understands that every case is unique, and we offer specialized counsel to reflect that. As such, we offer comprehensive legal guidance in the event your case goes to trial and are prepared to represent you in front of a judge or jury. 

Sources:

Federal Judicial Caseload Statistics 2023. 

FLA § 960.03.

Johnson, J. (2023). Personal Injury Settlement Amounts Examples (2024 Guide).