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When A Personal Injury Settlement Can’t Be Reached


Being hurt in an accident that was caused by the reckless or negligent actions of someone else can not only change your life – it can be incredibly frustrating as well. After all, the physical recovery can take a long time and you could have your finances negatively impacted in a big way – medical bills, lost wages at work, and property damage can all add up to make it hard for you to get back on your feet and make a full recovery.

As such, filing a personal injury lawsuit could be the only way to really recover after an accident. With a personal injury lawyer on your side, you should be able to get the compensation that you are owed. Your lawyer will review your case, determine what your options are, and then file a claim on your behalf. They’ll also negotiate to get you a fair settlement and avoid going to court.

Most personal injury lawsuits end in this way – with both parties agreeing on a settlement that is fair. Those injured in the accident benefit by getting a quicker resolution, money that will cover their costs, and less stress. Those responsible for the accident will be able to avoid a long, drawn-out court case which could tarnish their image. And additionally, settling usually means that they pay less – things like pain and suffering compensation or punitive damages can reach very high levels and aren’t generally associated with a settlement.

In other words, it’s better for all involved to reach a fair settlement. But the insurance companies and representatives for the other side aren’t always willing to work towards an agreement, and can often be bullies who push around the injured to try to get them to accept a settlement that is lower than they deserve – or convince them that they don’t deserve a settlement at all.

In these situations, your personal injury lawyer will have to be willing to go to trial and argue for your rights. But not everyone fully understands what to expect here. Every case is different, but a few things to be aware of include the following:

 Your attorney and the lawyer for the insurance provider – or the other side – will trade information related to the case. This is known as the ‘discovery’, and in some cases, a mediator may be contacted as well. Sometimes, this mediation can lead to one final negotiation process where you could very well end up with a settlement.

 Your attorney will begin preparing your case for trial. They’ll tell you what to expect, but in general, the process will involve heading to court and proving that you were injured due to the recklessness or negligence of the other side and showing that you deserve a certain amount in compensation. During this preparation process, there’s little for you to do. If your attorney contacts you to meet, you’ll want to do so.

 The trial itself could last a few hours, a few days, or even a month or more. The complexity of the case is the primary factor behind how long a case will likely take, and you need to ensure that your lawyer is ready and willing to fight to get you what you’re owed.

Having an attorney on your side throughout the process is important, even when you’re negotiating a settlement. If you’ve been injured and have to get back on your feet after an accident, a settlement is hopefully your best path to that recovery. But if it doesn’t work, a trial is still an option. Just be sure you choose a lawyer who will fight in the courts for you and not just try to get a settlement.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

When A Personal Injury Settlement Can’t Be Reached

Goldman Babboni Fernandez
Murphy & Walsh




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