When Should You Take A Personal Injury Case To Court?

Following a serious accident, whether it’s a car crash, slip and fall, or boating incident, one of the biggest decisions injury victims face is whether to settle their case or take it to court. While most personal injury claims are resolved through out-of-court settlements, there are situations where going to trial may be the best option.

To have your specific situation addressed, have a conversation with a Miami personal injury lawyer. Attorneys are familiar with the risks and benefits of settling versus going to court. Speaking with a legal professional is an important part of deciding how to move forward.

The Benefits of Settling Out of Court

Most personal injury cases in Miami, and throughout Florida, end in a settlement. Here’s why:

• Faster resolution. Settlements can often be reached in months, while trials can drag on for years.
• Lower costs. Trials come with higher legal fees, expert witness costs, and court expenses. Settling typically involves fewer of these.
• Less stress. Going to court can be emotionally taxing. Settling avoids the anxiety of testifying and enduring cross-examination.
• Guaranteed compensation. With a settlement, you know exactly what you’re receiving. In court, there’s always a risk the jury won’t side with you.

For example, if you were rear-ended at a red light in Miami, and liability is clear, the insurance company might offer a fair settlement quickly. In cases like this, accepting the settlement may be the most practical and efficient path forward.

When a Trial Might Be Worth It

That said, not every offer is fair, and some insurance companies will attempt to minimize payouts. You might consider going to trial if the insurance company denies liability, the offered settlement doesn’t cover your losses, or the facts of your case are strong and well-supported by evidence.

Take a slip and fall at a Miami grocery store. If the store’s insurer refuses to acknowledge their negligence despite clear video evidence and witness statements, your attorney may recommend taking the case to court. Or if you were hurt in a boating accident and the at-fault party refuses to pay what your claim is worth, a jury trial might be necessary to secure full compensation.

While the court may offer the possibility of a higher award, there are real risks involved. This is because juries can be unpredictable, and even strong cases aren’t guaranteed wins. Plus, trials can take a long time. And should you win, the defense could still appeal, delaying your compensation and dragging out an upsetting process further.

Ultimately, the decision to settle or go to trial should be based on a full evaluation of your case. A skilled Miami personal injury lawyer will negotiate aggressively on your behalf but also prepare thoroughly for trial if needed. Their job is to ensure you don’t settle for less than you deserve, and to fight for justice when negotiations fall short.

Are you weighing the pros and cons of accepting a settlement vs going to court? Contact the legal team at Spencer Morgan Law to discuss the best course of action. Call 305-423-3800 to book a confidential consultation.