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How Are Personal Injury Cases Settled?


The vast majority of personal injury cases are settled out of court in the state of Florida, and across the country. After an accident, many think that the next step is going to court, but you’re actually far more likely to settle with your insurance company outside of court and through the settlement negotiations process. In fact, whether you’ve been in a slip and fall accident, a car accident, or any type of accident, between 95 and 96% of all personal injury cases are settled before ever having to go to trial.

In the majority of accidents in Florida, a person will be negotiating with their insurance company to reach a suitable settlement for both parties. Insurance no-fault accident laws dictate that a person pursue compensation through their own personal injury insurance policy, which means that even if the accident was caused by another driver’s negligence, it will be their insurance company tasks with making sure they’re taking care of.

Why Appoint An Attorney?

If most personal injury cases do not go to court, is appointing a Florida personal injury attorney really a necessity in your case? The expertise and experience of Florida personal injury attorneys isn’t limited to the courtroom, and they provide great benefit to all personal injury cases. What your personal injury attorney can do for you includes:

• Collecting evidence – The evidence collection process is an incredibly important one whether you’re taking a case to court or settling in negotiations. Your evidence will serve as your proof that you require a certain settlement amount, and back you up if your insurance company tries to dismiss your claim for any reason. Because evidence collection is so important to a personal injury case of any kind, careful consideration must be taken to ensure it’s been carried out in a thorough and helpful way. Your personal injury attorney will assist you in collecting all of the evidence you need to prove your settlement.

• Standing up to insurance companies – The insurance companies you’ll be negotiating with will be armed with their own legal teams, so you should be as well. If an insurance company knows they are negotiating through you, and not through your attorney, they are more likely to produce lowball offers in the hopes you aren’t sure what to do next and you’d prefer to just have the process over with. Your personal injury attorney will stand up to insurance companies and fight for you to get you the compensation you deserve.

Figuring out your damages – Your damages will include several different elements in a personal injury case. Typically, you will want your settlement to cover things like medical costs, lost wages, and future medical needs, as well as any other damages the accident may have caused. Your personal injury attorney will be able to work with you through all of your damages, and use these along with your evidence to craft your reasonable ideal settlement amount.

What Happens If My Case Goes To Trial?

In some instances, you may find that you’re part of the 4 to 5% who has to take their personal injury case to trial. This usually happens when a settlement cannot be reached through negotiations or arbitration, and only a court can decide what type of settlement and damages you’re entitled to. This will usually be around 2 years or more after the start of the negotiations process. If your case goes to trial, your evidence and your case will be represented by your Florida personal injury attorney, giving you your best chance at a successful outcome.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Are Personal Injury Cases Settled?

Goldman Babboni Fernandez
Murphy & Walsh




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