If you’ve filed a personal injury lawsuit in Florida and settlement negotiations haven’t led to a resolution, your case may proceed to trial. While many personal injury claims are resolved before reaching the courtroom, understanding what happens if your case does go to trial can ease uncertainty and help you prepare effectively. A trial is a formal process with specific procedures, timelines, and expectations—all of which play a significant role in the outcome of your case.

Here’s what to expect during a personal injury trial in Florida, from jury selection to final verdict.

Understanding the Role of a Trial in a Personal Injury Case

Personal injury trials exist to resolve disputes when parties cannot agree on fault or the amount of compensation owed. The injured party, or plaintiff, seeks damages for losses caused by another party’s negligence, such as medical bills, lost wages, and pain and suffering.

In Florida, trials can be held before a judge (bench trial) or a jury. Most personal injury cases that reach trial are jury trials, meaning six or more jurors decide the outcome based on the evidence presented.

Step 1: Jury Selection (Voir Dire)

The trial process begins with jury selection, known as voir dire. Both parties’ attorneys question potential jurors to assess whether they can be fair and impartial. Jurors can be dismissed for cause (bias or conflict of interest) or through a limited number of “peremptory challenges,” which allow removal without explanation.

This stage is critical: the jury’s perception of the case can significantly affect the verdict.

Step 2: Opening Statements

Once the jury is seated, both sides present opening statements. These are not arguments, but outlines of what each party intends to prove.

  • Plaintiff’s attorney typically goes first, explaining the injuries, how the defendant’s actions caused them, and the types of compensation being sought.
  • Defense counsel follows, laying out reasons why the defendant is not responsible or why the damages claimed are excessive.

Opening statements set the tone for the trial, providing jurors with a roadmap of what to expect.

Step 3: Presentation of Evidence

This is the most extensive part of the trial and can span several days or even weeks depending on the complexity of the case. Both parties present evidence to support their claims.

Plaintiff’s Case

The plaintiff bears the burden of proof, meaning they must show that the defendant’s negligence caused their injuries. Evidence may include:

Defense Case

After the plaintiff rests, the defense presents its side. This may involve:

  • Challenging the plaintiff’s version of events
  • Offering alternative causes for the injury
  • Presenting evidence that the plaintiff exaggerated or contributed to their injuries
  • Calling their own expert witnesses

Each side may cross-examine the other’s witnesses. This exchange is key to testing credibility and highlighting weaknesses in the opposing case.

Step 4: Closing Arguments

Once all evidence is presented, both attorneys make their closing arguments. These are persuasive summaries where each side connects the facts to their legal position.

  • The plaintiff’s attorney will reinforce how the evidence supports their client’s right to compensation.
  • The defense may stress inconsistencies in the plaintiff’s story, argue lack of causation, or dispute the extent of the damages claimed.

Jurors are then instructed by the judge on the applicable laws they must follow when evaluating the case.

Step 5: Jury Deliberation and Verdict

The jury retreats to deliberate in private. In Florida civil trials, at least five out of six jurors must agree on the verdict. The jury must decide two things:

  1. Liability – whether the defendant was negligent and caused the plaintiff’s injuries
  2. Damages – how much compensation the plaintiff is entitled to, if any

This process can take hours or several days. Once a verdict is reached, the jury returns to the courtroom, and the decision is read aloud.

Possible Outcomes

  • Plaintiff wins: The jury finds the defendant liable and awards damages, which may include both economic (medical costs, lost wages) and non-economic (pain and suffering) losses.
  • Defense wins: The jury finds the defendant not liable, and the plaintiff receives nothing.
  • Mixed outcome: In some cases, the jury may find the plaintiff partially responsible. Florida follows a comparative negligence rule—damages are reduced based on the plaintiff’s percentage of fault.

For example, if a plaintiff is awarded $100,000 but found 20% at fault, the final award would be $80,000.

What Happens After the Verdict?

Even after a verdict, the case may not be entirely over. Post-trial motions or appeals can delay the final resolution. Additionally, collecting awarded damages can involve further legal steps, especially if the defendant disputes the amount or refuses to pay.

It’s also possible for parties to negotiate a post-verdict settlement or agree to payment arrangements.

Statistics and Settlement Realities

While trials get a lot of attention, it’s important to understand that only a small percentage of personal injury cases make it to court. According to data from the U.S. Department of Justice, fewer than 5% of tort cases are resolved by trial. In Florida, settlements are far more common, largely because trials can be costly and unpredictable.

However, when settlement isn’t feasible, trial becomes the avenue for justice and compensation.

Preparing Mentally and Logistically

Trials are demanding, not only legally but emotionally. Injured plaintiffs may have to recount painful memories and undergo extensive questioning. Having a strong support system and legal team can make a meaningful difference.

Expect the trial to require:

  • Multiple days of attendance
  • Thorough preparation and coaching from your attorney
  • Flexibility for schedule changes or delays
  • Emotional resilience for unexpected developments

Conclusion

A personal injury trial in Florida involves structured stages—from jury selection to final verdict—that can significantly impact the outcome of your claim. While the process may seem overwhelming, understanding what lies ahead can help you feel more in control. With the right legal representation, thorough preparation, and patience, a trial can be the path to fair compensation and accountability.

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.

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