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What Happens When A Personal Injury Case Goes To Trial?

Personal injury cases are most often settled out of court, but this isn’t universally the case. Going to trial is something that many who suffer personal injuries would like to avoid, but insurance companies can make reaching a fair settlement amount difficult, leaving a trial the only way you can get the compensation you deserve. So what happens when a personal injury case goes to trial? Your personal injury attorney can help you through each step of the process.

The Failure Of Settlement And Beginning Of Trial

When you’ve been in an accident resulting in a personal injury, you’ll first try to negotiate a settlement amount with the insurance provider of the negligent party in slip and fall cases, or your insurance provider in Florida car accident cases. While insurance policies are paid for and in place to protect you in an accident, insurance providers will often keep their own interests in the foreground. This means that insurance companies will typically offer too-low offers first, but most can meet somewhere closer to your desired amount to reach an acceptable settlement after negotiations.

When negotiations don’t go well, however, it’s time to take the case to trial. In some instances, just the threat of trial can lead insurance adjusters to meet with an acceptable settlement offer, but not all. When your case is to be taken to trial, your personal injury attorney will begin with filing the lawsuit against the insurance provider, getting the case underway.

After the lawsuit is filed, the pretrial phase begins. In this phase discovery will occur, where your attorney and the insurance provider’s attorney will trade all necessary information revolving around the case. Mediation may be pursued, which is one last effort at negotiation, and a mediator may make a settlement suggestion in order to avoid a trial case. If this doesn’t work, a trial date will be set by the court.

The Trial And Appeals

Personal injury trials can be as short as a single day, or as long as 30 days or more, and it all depends on the complexity of the case and the desired settlement to be reached. During this trial, a judge or jury will determine any comparative negligence, look over the evidence, and determine if the desired settlement is a fair amount of compensation. During this process, it’s critical to have the representation of your experienced Florida personal injury attorney, looking at your case through the lens of Florida law. Without a Florida personal injury attorney, your experience in a personal injury trial may resort in little or no compensation at all.

Once the trial is “over”, it isn’t always over completely. If you should win your case and your desired settlement, the insurance provider may then choose to appeal the verdict, prolonging the case for as long as another year as the appellate process is underway. The verdict could be sustained after the appeal, and you will have officially won the case, or it could be reversed by the appeal causing the case to be tried all over again.

When a personal injury case goes to trial, it can lead to a prolonged stressful experience for those already recovering from their injuries. With the help of a personal injury attorney skilled in Florida law, the stress can be lifted from the situation as you rest assured you have given yourself your best chance at fair compensation.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

What Happens When A Personal Injury Case Goes To Trial?

Goldman Babboni Fernandez
Murphy & Walsh

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