When pursuing a personal injury claim in Florida, one of the most significant decisions you’ll face is whether to settle the case or take it to trial. While both options can result in compensation, the best route depends on several factors unique to each case. Knowing and understanding the differences, benefits, and risks of each approach can help you make informed decisions that align with your legal and financial goals.

Understanding Settlements in Florida Personal Injury Cases

The vast majority of personal injury cases in Florida are resolved through settlement negotiations rather than courtroom trials. A settlement occurs when both parties agree on compensation without requiring a judge or jury to decide the outcome.

Benefits of settling a claim:

• Faster resolution: Settlements often conclude in a matter of months, compared to the years a trial may take.
• Lower costs: Avoiding trial means saving on court fees, expert witness costs, and other litigation expenses.
• Greater control: Both sides have input in the final agreement, unlike a trial where the verdict is out of their hands.
• Privacy: Settlements are typically confidential, which can be important for plaintiffs concerned about public exposure.

In Florida, settlements are often negotiated after the discovery phase—when both sides gather evidence and evaluate the strength of their cases. Insurance companies tend to weigh the cost of prolonged litigation against the risk of a high jury award, which often motivates them to settle before trial.

When Taking a Personal Injury Case to Trial Makes Sense

While settlement is more common, trial may be the better option in certain situations—especially when liability is contested, or the settlement offers are unreasonably low.

Scenarios where going to trial may be beneficial:

• Disputed liability: If the at-fault party denies responsibility, a trial may be necessary to prove negligence.
• Lowball offers: Insurance companies may undervalue claims in hopes the injured party will settle quickly. A trial can potentially yield higher compensation.
• Precedent-setting cases: Some lawsuits involve broader public safety issues or legal questions that need a formal judgment.

That said, trials come with significant risks. Jury decisions are unpredictable, and even with strong evidence, there’s no guarantee of success. Additionally, trial preparation is time-consuming and emotionally taxing for plaintiffs.

Comparing Potential Compensation: Trial vs. Settlement

One key reason plaintiffs consider going to trial is the potential for a larger payout. Juries may award compensation that exceeds initial settlement offers, especially when the injury has had a severe impact on the victim’s life.

A 2020 report by the U.S. Department of Justice estimated that plaintiffs in personal injury trials receive damages in approximately 50% of cases. When successful, the awarded amount is often significantly higher than pre-trial offers—but the risk of walking away with nothing is very real.

In Florida, there’s also a cap on non-economic damages in certain cases, such as medical malpractice. This can influence how much a plaintiff is likely to recover through trial versus settlement.

Factors That Should Influence Your Decision

Every case has its own dynamics, but several factors can guide whether a trial or settlement is the smarter choice:

• Strength of evidence: If there’s clear documentation of the injury and liability, the chances of a favorable trial outcome improve.
• Extent of injuries: Catastrophic or permanent injuries often require long-term financial support. A trial may better reflect the lifetime impact.
• Insurance company behavior: Some insurers refuse to negotiate in good faith. In these cases, trial may be the only way to secure fair compensation.
• Timeline tolerance: If the plaintiff needs funds quickly—for medical bills, lost wages, or other financial burdens—a settlement may provide more immediate relief.
• Public exposure: Trial proceedings are part of the public record. Plaintiffs concerned about privacy may lean toward a confidential settlement.

How Florida Law Shapes Personal Injury Resolutions

How Florida Law Shapes Personal Injury Resolutions

Florida follows a modified comparative negligence rule, which means you can still recover damages if you're partially at fault—but only if your share of fault is 50% or less. If you're found to be more than 50% responsible for the accident, you're barred from recovering any compensation. In a settlement, fault percentages are typically negotiated. In a trial, the jury determines the level of fault for each party, and any award is reduced accordingly based on your share of responsibility.

Additionally, Florida has a two-year statute of limitations (as of 2023 legislation) for personal injury claims. Delays in pursuing a claim can jeopardize both settlement discussions and trial eligibility, making it essential to act promptly.

The Role of an Experienced Attorney

Choosing between settlement and trial isn’t a decision you should make alone. A skilled Florida personal injury attorney can help you:

• Evaluate the full value of your claim, including future medical costs and lost earning capacity
• Negotiate assertively with insurance companies
• Present a strong case if trial becomes necessary
• Help avoid common pitfalls like accepting early, low-value offers

An attorney who is prepared to go to trial also has greater leverage during settlement negotiations, which often results in better offers from the defense.

Statistics on Case Outcomes in Florida

According to Florida court records and insurance industry reports:

• Over 90% of personal injury claims in Florida settle before trial.
• Plaintiffs who go to trial and win may receive 25%–40% more than their last settlement offer.
• However, trials that last longer than 12 months tend to reduce net recovery due to mounting legal costs.

These numbers underscore the importance of calculating not just the potential payout—but also the time, cost, and risk associated with trial.

Conclusion

Deciding whether to settle your Florida personal injury claim or proceed to trial requires more than a simple comparison of dollar amounts. It involves understanding your legal position, tolerance for risk, and long-term financial needs. While settlements provide speed and certainty, trials offer a path to full justice—especially when the other side refuses to treat your injuries with the seriousness they deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.