Miami Personal Injury Cases: When Should You Settle vs. Go to Trial?

In the aftermath of a personal injury in Miami, you may be faced with a critical decision: should you settle your case or go to trial? Both options have unique advantages and potential risks, and understanding these can help you make an informed choice. Settling may seem simpler and faster, but in some cases, going to trial may provide an opportunity for a larger, more equitable recovery.

This guide will explain key factors to consider, common reasons for both approaches, and Florida-specific statutes that influence personal injury claims. By the end, you’ll have a clearer perspective on what path might be best suited for your situation.

Understanding Settlements in Miami Personal Injury Cases

A settlement is an agreement reached between the injured party (Plaintiff) and the negligent party (Defendant) typically through an insurance company, where both sides agree on a compensation amount. Settlements are very common in personal injury cases because they provide certainty to both parties and allow the parties to control the outcome of the case, as opposed to giving the case to a jury to decide. Here’s why settling is often a favorable option:

Faster Resolution

Settling a personal injury claim is generally much quicker than going through a trial, which can take years. For many individuals facing mounting medical bills and lost wages, a prompt resolution is highly desirable.

Lower Costs

In Florida, contingency fee arrangements are standard for personal injury cases, where a lawyer only receives payment if they win your case, but trials often mean higher contingency fees to account for the added time, costs, and complexity.

Certainty of Outcome

Settling ensures a known outcome, while a trial can be unpredictable. You may have a strong case, but the outcome of a trial rests in the hands of a jury, who may be swayed by various factors.  In addition, even if you are successful at trial there is the possibility of an appeal which can further delay payment, or even result in no award at all.

A settlement protects both parties from a “worst case scenario” outcome for either side at trial.

Privacy Considerations

Settlements are typically private agreements, which can be beneficial if you wish to avoid public scrutiny. In contrast, trials are public matters, and details of your injuries, losses, and other personal matters may become public.

The Benefits of Going to Trial

While settlement offers a range of benefits, there are situations where going to trial is the better option. In Miami, some circumstances warrant a trial to maximize compensation.

When the Settlement Offer Is Insufficient

Insurance companies sometimes make “lowball” offers, hoping you’ll accept to avoid the hassle of a trial. If the offer if not reasonable, sometimes the best option is to present your case to a jury and let them decide.

To Establish Precedent or Accountability

In some cases, a plaintiff may want to set a precedent or hold a defendant publicly accountable, particularly if their actions were egregious. In these cases, a trial can send a clear message, as it establishes a public record of wrongdoing.  In addition, corporate defendants frequently want to avoid the negative publicity associated with a large jury verdict.

Also, Florida Statute § 768.72 allows for punitive damages in cases involving gross negligence or intentional misconduct. If the court determines that the defendant acted with extreme recklessness or malice, punitive damages can be awarded to punish the wrongdoer and deter similar behavior.  This can result in very large liability for a defendant.

Pursuing Maximum Compensation

In some cases, a trial may yield higher compensation than a settlement would. If your injuries are severe, long-term, or catastrophic, jurors may be more inclined to award a substantial verdict than an insurer, who will aim to minimize your compensation.

Key Florida Statutes Affecting Personal Injury Settlements and Trials

Florida has several laws specific to personal injury cases that may influence your decision to settle or go to trial. Here are a few that can impact the outcome and strategy of your case:

1. Florida Statute § 768.21 – Wrongful Death Act
   • This statute details the damages available to family members in wrongful death cases. While settlements may sometimes undervalue these claims, a trial can ensure that families receive full compensation, including loss of support and companionship.  
2. Florida Statute § 768.28 – Sovereign Immunity Waiver
   • When a personal injury claim is against a government entity, such as a city or state department, this statute limits the damages that can be awarded to $200,000 per person or $300,000 per incident. While these limits apply whether you settle or go to trial, you may choose to proceed to trial if the agency disputes liability.
3. Florida Statute § 95.11 – Statute of Limitations & HB 837
   • Florida’s statute of limitations for personal injury claims, including wrongful death claims, is generally two years. If you’re approaching the deadline and pre-suit settlement negotiations aren’t producing fair offers, filing a lawsuit may be necessary to preserve your right to compensation.

Weighing the Risks and Rewards of Going To Trial

When considering whether to settle or proceed to trial, it’s essential to consider the specific details of your case. Here are some additional factors to consider when making your decision:

• Severity of Injuries: If your injuries are severe or require long-term care, you may be entitled to higher compensation, which could be better pursued through a trial. Minor injuries, on the other hand, might not justify the time and expense of litigation.
• Strength of Evidence: If there is substantial evidence proving the other party’s liability, a trial may be advantageous. Evidence such as eyewitness testimonies, video footage, or expert witness reports can strengthen your case and improve the likelihood of a favorable verdict.
• Defendant’s Willingness to Negotiate: In some cases, the defendant may be unwilling to negotiate or provide a reasonable offer. Going to trial may then be the only way to secure fair compensation. However, trials are inherently riskier, as juries can be unpredictable.
• Jury Perception: Consider how your case might be perceived by a jury. Juries can be unpredictable, and factors such as sympathy, credibility, and the defendant’s behavior can influence the verdict. An experienced personal injury attorney can help gauge how a jury might respond to your case.

Deciding on the Best Path Forward with Your Personal Injury Lawyer

Whether to settle or go to trial is one of the most consequential decisions you’ll make in your Miami personal injury case. While settlements are often quicker, less expensive, and provide a guaranteed outcome, trials offer a chance to seek full compensation, especially when the at-fault party or their insurer is unwilling to negotiate fairly.

Working closely with an experienced Miami personal injury lawyer can provide the insight and guidance needed to make an informed choice. Here’s how a lawyer can play a crucial role:

• Case Evaluation and Advice: A skilled attorney can review the facts of your case, evaluate the strength of the evidence, and discuss the compensation range you might expect from a settlement versus a trial. This helps set realistic expectations and provides clarity on which option best serves your interests.
• Negotiation Skills: Personal injury lawyers are experienced negotiators who know how to engage with insurance companies to secure a fair settlement. They understand tactics insurers use to minimize claims and can push back on lowball offers to maximize your compensation.
• Trial Preparation and Advocacy: If your case proceeds to trial, a lawyer can handle all necessary steps, including gathering expert witnesses, preparing evidence, and presenting a compelling case in court. This can significantly improve your chances of a favorable outcome if you decide that going to trial is your best option.

Deciding whether to settle or go to trial in a Miami personal injury case is a highly personal choice that depends on the specifics of your situation. Settling can offer speed, cost savings, and certainty, while trials might allow for full compensation and accountability.  However, a trial also comes with the risk of a negative, “worst case scenario” outcome. Your decision should be made in consultation with a knowledgeable Miami personal injury lawyer who can assess the strength of your case, the fairness of the settlement offer, and the potential outcomes of a trial.

At Flanagan & Bodenheimer, we have extensive experience handling personal injury cases throughout Florida, and are committed to helping you make the right choice for your needs. We’ll work tirelessly to secure a fair outcome, whether through a negotiated settlement or by advocating for you in court. With our guidance, you can feel confident in your decision and focus on moving forward from your injury.

For a free consultation or more information on your options, contact Flanagan & Bodenheimer today at 305-638-4143. Let us help you pursue the justice and compensation you deserve.

---