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Will I Receive a Settlement or Head to Trial?


For most individuals who file a personal injury lawsuit following a Florida accident, the case will be settled without going to trial. One report states over 90% of claims do not go to court, the vast majority are either dismissed or a settlement agreement is reached.

There are pros and cons to both solutions, agreeing to a settlement or taking a case to court. A Miami personal injury lawyer can look over the details of your case and inform you of your options. Sometimes trial is the best path, but there are times when a person would rather accept a settlement as it is a clear resolution.

Settlement Agreements May Happen During Litigation

At any point up until a case is tried in court and a verdict is reached, a settlement is possible. At its core, a settlement is simply a formal agreement to drop the action when an amount of money is agreed to by both parties.

After your lawyer sends a demand letter, the settlement negotiations typically begin. The letter will state your injuries and the amount of money that is needed to pay doctor bills and any other expenses connected to the accident. Then, the lawyer of the defendant may send a counteroffer for you and your lawyer to consider.

Once there is documentation of an initial offer and a counteroffer, there will be conversations and other forms of communication between the plaintiff’s lawyer and the defendant’s lawyer. It is common for the attorneys to reach an amount both sides feel is fair.

Reasons Why a Settlement May Be the Best Choice

Settlements are often preferable. After all, they are a quicker option. Lawsuits can take years to resolve. Plus, you know exactly what financial amount you will be receiving. While the settlement amount may be less than you could achieve through trial, trials are expensive and can extend for long periods of time. There are even times when the court will suggest the people involved should settle their dispute out of court, in order to keep caseloads manageable.

But settlements are not the best option for every situation. Your personal injury case may not be the right fit for a settlement if any of all of the following are true.

  • There are laws that support your position
  • Intimidation has been present between the involved parties
  • Mediation is not possible due to safety issues or communication concerns
  • Information has not been forthcoming, meaning it is impossible to adequately evaluate negation compromises

Deciding to accept a settlement and move forward with your life or committing the time and energy needed to take your case to trial is a personal decision. If you need help understanding the right path forward for your situation, connect with a Miami personal injury lawyer.

Have you been offered a settlement but are curious what would happen if you went to trial? Talk to the Miami personal injury attorneys at Spencer Morgan Law. Accident cases can be complex, a knowledgeable attorney is needed to navigate the complicated negotiations with insurance companies and legal professionals. Contact us today at 305-423-3800 to schedule your free consultation.

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